A.
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 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
At the completion of the project and as a prerequisite for the release
of the financial guarantee, the applicant shall:
(1)
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 SWM site plan and report and
approved revisions thereto.
(2)
Provide a set of record drawings.
(3)
Request a final inspection from the Township to certify compliance
with this chapter, after receipt of the certification of completion
and record drawings by the Township.
A.
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.
B.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
(1)
If a development consists of structures or lots that are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the Township, stormwater control facilities/BMPs
may also be dedicated to and maintained by the Township.
(2)
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.
(3)
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.
(4)
The SWM site plan and report shall be recorded as a restrictive deed
covenant that runs with the land.
(5)
The Township may take enforcement actions against an applicant for
failure to satisfy any provision of this chapter.
C.
The Township, upon recommendation of the Township Engineer, shall
make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. The Township
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 Township will accept the facilities. The Township reserves
the right to accept or reject the ownership and operating responsibility
for any portion of the stormwater management controls.
D.
If the Township accepts ownership of stormwater BMPs, the Township
may, at its discretion, require a fee from the applicant to the Township
to offset the future cost of inspections, operations, and maintenance.
E.
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 the Township grants an exception in writing.
A.
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 hereto.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
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 the Township and the Township Solicitor.
C.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner falls to adhere to the Operation and Maintenance
(O&M) Agreement, the Township may perform the services required
and charge the owner appropriate fees. Nonpayment of fees may result
in a lien against the property.
