The applicant shall provide a financial guarantee to the Township
for the timely installation and proper construction of all stormwater
management controls as required by the approved stormwater management
site plan and this chapter equal to the full construction cost of
the required controls plus construction contingency and construction
inspection costs, which amount shall be calculated by the Township
Engineer.
A.
The stormwater management site plan for the development site shall
contain a BMP operation and maintenance plan (BMP O&M plan) prepared
by the design engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to insure
proper operation of the BMPs and shall be subject to review and approval
of the Township. The governing body, upon recommendation of the Township
Engineer, shall make the final determination on the continuing maintenance
responsibilities prior to final approval of the stormwater management
site plan.
B.
The BMP O&M plan shall establish responsibilities for the continuing
operation and maintenance of all proposed stormwater control facilities,
consistent with the following principles:
(1)
If a development consists of structures or lots that are to be separately
owned and in which streets, storm sewers, and other stormwater management
public improvements are to be dedicated to the Township, stormwater
control facilities may also be dedicated to and maintained by the
Township, if accepted by the Township.
(2)
If a development site is to be maintained in a single ownership or
if storm sewers and other stormwater management improvements are to
be privately owned and maintained, then the ownership and maintenance
of stormwater control facilities shall be the responsibility of the
owner or private management entity.
C.
The stormwater facility and BMP O&M plan shall include the following:
(1)
A description of how each stormwater facility and BMP will be operated
and maintained, and the identity and contact information associated
with the person(s) responsible for O&M.
(2)
The name of the project site, name and address of the owner of the
property, and name of the individual or firm preparing the plan.
(3)
A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that can be altered or
removed only after approval by the Township.
D.
Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
E.
If the facilities are to be privately owned, an operations and maintenance
agreement that provides for maintenance responsibilities and cost
sharing among the affected property owners, consistent with the O&M
plan, shall be recorded against every affected property as a restrictive
deed covenant that runs with the land.
F.
The governing body shall have the right, at any time after completion of the stormwater management facilities, to require dedication of any or all of the stormwater management controls. The right of the Township to require dedication in the future shall be stated in the maintenance agreement (Refer to § 129-41).
G.
The Township may take enforcement actions against an owner for any
failure to satisfy any provision of this chapter.
H.
In the event a property owner or other entity responsible for maintenance
(such as a homeowners' association) fails to honor their maintenance
responsibilities set forth in the O&M plan, in any manner, Lower
Providence Township shall have the right of entry upon and within
the area of the easement to undertake any required corrective or maintenance
effort. The total cost of such, including administrative, engineering,
and legal costs for enforcement, may be imposed upon the responsible
party as determined by the O&M agreement. Failure to pay all costs
described above may be subject of the imposition of a lien by the
Township against the property in question, in the same manner as the
Township might otherwise be empowered by law to assess or impose a
lien against a property for municipal improvements.
A.
Prior to final approval of the stormwater management site plan, the
applicant shall sign and record an O&M agreement prepared and
approved by the Township Solicitor covering all stormwater control
facilities that are to be privately owned. The form and substance
of the agreement shall be consistent with the agreement in Appendix
D of this chapter.[1] The signed O&M agreement shall be recorded against
every affected property as a restrictive deed covenant that runs with
the land.
[1]
Editor's Note: Said appendix is on file in the Township's
offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The O&M
agreement shall be subject to review and approval of the Township,
and the costs of preparing the agreement shall be incurred by the
property owner.
A.
Stormwater management easements shall be granted by the property
owner(s) as necessary to provide for:
B.
Stormwater management/BMP facilities easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by the Board of Supervisors.
C.
All easements shall be recorded with the Montgomery County Recorder
of Deeds prior to issuance of a building permit or recordation of
a subdivision or land development plan.
D.
The purpose of any easement shall be specified in the O&M agreement
signed by the property owner.
E.
The record plan and development agreement for an approved subdivision
or land development shall reference the ownership and maintenance
responsibilities as well as access rights for all drainage related
easements. Specifically, the record plan shall contain a provision
permitting access to such easement(s), at any reasonable time, for
inspection and/or emergency repair/maintenance, by Lower Providence
Township or its designee, of all facilities deemed critical to public
welfare.
A.
If stormwater management facilities are accepted by the Township
for dedication, the applicant shall pay a specified amount to the
Township stormwater maintenance fund to help defray costs of periodic
inspections and maintenance expenses. The amount shall be determined
as follows:
(1)
The amount shall include all estimated costs to inspect, maintain,
and repair the facilities during a ten-year period, as calculated
by the Township Engineer.
(2)
The amount shall be converted to present worth of the annual series
values. The Township Engineer shall determine the present-worth equivalents,
which shall be subject to the approval of the Board of Supervisors.
B.
If a stormwater management/BMP facility is proposed which also serves
as a recreation facility (e.g., ball field, pond), the Township may,
but is not required to, reduce or waive the amount of the maintenance
fund deposit based upon the value of the land for public recreation
purpose.
C.
If at some future time a stormwater management facility (whether
publicly or privately owned) is eliminated due to the installation
of storm sewers or other stormwater management facility, the unused
portion of any maintenance deposit will be applied to the cost of
abandoning the facility and connecting to the storm sewer system or
other facility. Any amount of the deposit remaining after the costs
of abandonment are paid will be returned to the depositor.
D.
The applicant shall pay a fee to the Township stormwater maintenance
fund for all stormwater management facilities, storm sewer, culverts,
or other such improvements required by PennDOT to be constructed within
the right-of-way of public roadways or easement areas, that are to
be maintained after dedication by and dedicated to the Township. The
fee shall cover the estimated cost for maintenance and inspections
for 10 years. The Township Engineer will establish the estimated cost
upon review of information submitted by the applicant. The amount
of the fee shall be converted to present worth of the annual series
values. The Township Engineer shall determine the present-worth equivalents,
which shall be subject to the approval of the Board of Supervisors.
A.
Stormwater management BMPs shall be inspected for proper operation
by the owner of the facilities on the following basis:
(1)
Twelve months after completion of the facility and acceptance of
completion of the facility by the Township;
(2)
At least once every three years thereafter;
(3)
During or immediately after the cessation of a ten-year frequency
or greater storm; and/or
(4)
As specified in the operations and maintenance (O&M) agreement.
B.
The entity conducting the inspection shall submit a report to Lower
Providence Township summarizing observations of inspection and necessary
repairs, if any.
