[Ord. 2008-1, 4/1/2008, § 701]
1. For subdivisions and land developments the applicant shall provide a financial guarantee to the Township of Douglass for the timely installation and proper construction of all stormwater management controls as: (A) required by the approved drainage plan equal to or greater than the full construction cost of the required controls or (B) in the amount and method of payment provided for in the Subdivision and Land Development Ordinance [Chapter
22].
2. For other regulated activities, the Township of Douglass may require
a financial guarantee from the applicant.
3. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the applicant or his representatives
shall:
A. Provide a certification of completion from an engineer, architect,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
B. Provide a set of record drawings.
4. After the Township of Douglass receives the certification, a final
inspection shall be conducted by the Township of Douglass or designee
to certify compliance with this Part.
[Ord. 2008-1, 4/1/2008, § 702]
It shall be unlawful to alter or remove any permanent stormwater
control and BMP required by an approved stormwater control and BMP
operations and maintenance plan, or to allow the property to remain
in a condition which does not conform to an approved stormwater control
and BMP operations and maintenance plan.
[Ord. 2008-1, 4/1/2008, § 703]
1. The property owner shall sign an operations and maintenance agreement
with the Township of Douglass covering all stormwater controls and
BMPs that are to be privately owned. The agreement shall be substantially
the same as the agreement in Appendix 23-1-A of this Part.
2. Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the Township of Douglass.
[Ord. 2008-1, 4/1/2008, § 704]
1. Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Township
of Douglass.
2. Stormwater management easements shall be provided by the property owner if necessary for (A) access for inspections and maintenance, or (B) preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under §
23-173.
[Ord. 2008-1, 4/1/2008, § 705]
1. The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed or implemented, as described in the
stormwater control and BMP operations and maintenance plan, shall
record the following documents in the office of the Recorder of Deeds
for Berks County, within 15 days of approval of the stormwater control
and BMP operations plan by the Township of Douglass:
A. The operations and maintenance plan, or a summary thereof.
B. Operations and maintenance agreements under §
23-173.
2. The Township of Douglass may suspend or revoke any approvals granted
for the project site upon discovery of the failure of the owner to
comply with this Section.
[Ord. 2008-1, 4/1/2008, § 706]
1. Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Township Stormwater Control and BMP
Operation and Maintenance Fund to help defray costs of periodic inspections
and maintenance expenses. The amount of the deposit shall be determined
as follows:
A. If the stormwater control or BMP is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Township of Douglass for a period of 10 years, as estimated
by the Township Engineer. After that period of time, inspections will
be performed at the expense of the Township of Douglass.
B. If the stormwater control or BMP is to be owned and maintained by
the Township of Douglass, the deposit shall cover the estimated costs
for maintenance and inspections for 10 years. The Township Engineer
will establish the estimated costs utilizing information submitted
by the applicant.
C. The amount of the deposit to the fund 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.
2. If a stormwater control or BMP is proposed that also serves as a
recreation facility (e.g., ballfield, lake), the Township of Douglass
may reduce or waive the amount of the maintenance find deposit based
upon the value of the land for public recreation purpose.
3. If at some future time a stormwater control or BMP (whether publicly
or privately owned) is eliminated due to the installation of storm
sewers or other storage facility, the unused portion of the maintenance
fund 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.
4. If stormwater controls or BMPs are accepted by the Township of Douglass
for dedication, the Township of Douglass may require persons installing
stormwater controls or BMPs to pay a specified amount to the Township
Stormwater Control and BMP operation and maintenance fund, to help
defray costs of operations and maintenance activities. The amount
may be determined as follows:
A. If the stormwater control or BMP is to be owned and maintained by
the Township of Douglass, the amount shall cover the estimated costs
for operations and maintenance for 10 years, as determined by the
Township of Douglass.
B. The amount shall then be converted to present worth of the annual
series values.
5. Long-Term Maintenance. The Township of Douglass shall require applicants
to pay a fee to the Township Stormwater Maintenance Fund to cover
long term maintenance of stormwater control and best management practices.
6. Stormwater Related Problems. The Township of Douglass may require
applicants to pay a fee to the Township Stormwater Maintenance Fund
to cover stormwater related problems which may arise from the land
development and earth disturbance. The Township Engineer will establish
the estimated cost of utilizing information submitted by the applicant.