[Ord. No. 338, 1/10/2011]
1.
The applicant should provide a financial guarantee to Elizabethville
Borough for the timely installation and proper construction of all
stormwater management controls as required by the approved SWM site
plan and this chapter, equal to 110% of the full construction cost
of the required controls in accordance with the Municipalities Planning
Code.
2.
At the completion of the project and as a prerequisite for the release
of the financial guarantee, the applicant shall:
A.
Provide a certification of completion from an engineer, architect,
surveyor or other qualified professional, verifying that all permanent
facilities have been constructed according to the SWM site plan and
report and approved revisions thereto.
B.
Provide a set of record drawings.
C.
Request a final inspection from Elizabethville Borough to certify
compliance with this chapter, after receipt of the certification of
completion and record drawings by Elizabethville Borough.
[Ord. No. 338, 1/10/2011]
1.
The SWM site plan and report for the project site shall describe
the future operation and maintenance responsibilities. The operation
and maintenance description shall outline required routine maintenance
actions and schedules necessary to ensure proper operation of the
stormwater control facilities.
2.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principles:
A.
If a development consists of structures or lots that are to be separately
owed and in which streets, sewers, and other public improvements are
to be dedicated to Elizabethville Borough, stormwater control facilities/BMPs
may also be dedicated to and maintained by Elizabethville Borough.
B.
If a development site is to be maintained in a single ownership or
if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities/BMPs shall be the responsibility of the owner or private
management entity.
C.
Facilities, areas, or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as
deed restrictions or easements that run with the land.
D.
The SWM site plan and operation and maintenance (O&M) agreement
shall be recorded as a restrictive deed covenant that runs with the
land.
E.
Elizabethville Borough may take enforcement actions against an applicant
for failure to satisfy any provision of this chapter.
3.
Elizabethville Borough, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. Elizabethville
Borough may require a dedication of such facilities as part of the
requirements for approval of the SWM site plan. Such a requirement
is not an indication that the Borough will accept the facilities.
Elizabethville Borough reserves the right to accept or reject the
ownership and operating responsibility for any portion of the stormwater
management controls.
4.
If Elizabethville Borough accepts ownership of stormwater BMPs, Elizabethville
Borough may, at its discretion, require a fee from the applicant to
the Borough to offset the future cost of inspections, operations,
and maintenance.
5.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved SWM site plan, or to allow the property
to remain in a condition which does not conform to an approved SWM
site plan, unless Elizabethville Borough grants an exception in writing.
[Ord. No. 338, 1/10/2011]
1.
Prior to final approval of the SWM site plan and report, the applicant
shall sign the operation and maintenance (O&M) agreement (Appendix
A)[1] covering all stormwater control facilities that are to
be privately owned. The operation and maintenance (O&M) agreement
shall be recorded with the SWM site plan and made a part thereto.
[1]
Editor's Note: The appendixes are on file in the Borough offices.
2.
Other items may be included in the operation and maintenance (O&M)
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all BMP facilities. The operation and
maintenance (O&M) agreement shall be subject to the review and
approval of Elizabethville Borough and its Solicitor.
3.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the operation and maintenance
(O&M) agreement, Elizabethville Borough may perform the services
required and charge the owner appropriate fees. Nonpayment of fees
may result in a lien against the property.
