A.
The developer or lot owner shall provide financial security as a
completion guaranty, in a form to be approved by the Township Solicitor,
in an amount equal to 110% of the full cost to install the facilities
required by the approved plan. The financial security shall be released
only after receipt of a certification of completion by the Township
and as-builts, as required. The full cost to install the facilities
shall be verified by the Township Engineer from cost information provided
by the developer. The estimated cost for completion shall be prepared
and sealed by a licensed professional engineer. The developer/lot
owner is required to operate and maintain the facilities at his sole
cost and expense until such time as the Township may agree, if ever,
to accept the stormwater management facilities. Nothing in this chapter
shall be deemed or construed to require the Township to accept any
stormwater management facility constructed pursuant to this chapter
or otherwise.
B.
After the satisfactory completion of improvements, the landowner
shall post financial security in a form acceptable to the Township
equal to 15% of the of the full cost to install the facilities required
by the approved plan, as maintenance security to guarantee the stability
of those newly constructed facilities and re-vegetation, such security
to remain in effect for a period of one year.
C.
Following the expiration of the maintenance security set forth above,
the property owner shall post financial security with the Township
in the amount to be established by the Township as long-term maintenance
security to guarantee the stability of those newly constructed facilities
and re-vegetation, such security to remain in effect for a period
of 10 years.
D.
(1)
For
any new construction undertaken or controlled by a municipal authority,
municipal corporation or governmental entity organized and existing
under the laws of the Commonwealth of Pennsylvania, the United States
of America or any agency thereof, the Commonwealth of Pennsylvania
or any agency thereof; or
(2)
On
property owned by a municipal authority, municipal corporation or
governmental entity organized and existing under the laws of the Commonwealth
of Pennsylvania, the United States of America or any agency thereof
or the Commonwealth of Pennsylvania or any agency thereof.
E.
No completion or maintenance security under Subsections A or B above shall be required for any new construction on any property whose development is undertaken upon any property within a Local Economic Revitalization Tax Assistance Act ("LERTA") Area designated by the Township by ordinance and in effect in the Township when the development occurs. The foregoing notwithstanding, however, the long-term maintenance security under Subsection C above may be required if, in the estimation of the Township Engineer, the under-performance of existing BMPs, the condition of the BMPs and/or the property owner's failure to perform proper maintenance and repair of such BMPs, requires the posting of such security to ensure the adequate repair and maintenance of same.
F.
Nothing in Subsections D or E above shall be deemed or construed to relieve any person, corporation, entity or firm, or any municipal authority, municipal corporation or governmental entity organized and existing under the laws of the Commonwealth of Pennsylvania, the United States of America or any agency thereof or the Commonwealth of Pennsylvania or any agency thereof, from providing, constructing and maintaining stormwater management BMPs consistent with the terms of this chapter, or relieve any person, corporation, entity or firm, or any municipal authority, municipal corporation or governmental entity organized and existing under the laws of the Commonwealth of Pennsylvania, the United States of America or any agency thereof or the Commonwealth of Pennsylvania or any agency thereof, from any other obligations under this chapter, including, but not limited to, the payment of costs and expenses incurred by the Township for inspections of stormwater management facilities and/or the entry into Stormwater Management BMP Operation and Maintenance Agreements for the construction and maintenance of stormwater management facilities consistent with this chapter, unless such obligations or responsibilities under this chapter are specifically preempted by any applicable commonwealth or federal law, statute, rule or regulation.
The completion guarantee or financial security shall be returned
or released upon written certification by the Township Engineer or
a designated agent that improvements and facilities have been installed
and completed in accordance with the approved plan and specifications.
If improvements are not installed in accordance with the approved
final plans, the Township may enforce any corporate bond or any security
by appropriate legal and equitable remedies. If proceeds of such bond
or other security are insufficient to pay the cost of installing or
making repairs or corrections to all the improvements covered by said
security, the Township may at its option install part of such improvements
in all or part of the development and may institute any and all available
legal or equitable actions to recover the monies necessary to complete
the remainder of the improvements. All proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security and not for any other
Township purpose. In any action filed to execute on any financial
security provided, the Township may recover reasonable legal fees,
costs and/or expenses incurred in same.
A.
When streets, sanitary sewers, stormwater management facilities,
BMPs, erosion and sedimentation controls or other required improvements
in the development have been completed in accordance with the final
plans, such improvements shall be deemed private until such time as
they have been offered for dedication to the Township and accepted
by separate resolution of the Township Board of Supervisors or until
they have been condemned for use as a public facility. The Township
shall be under no obligation to accept such facilities or controls
unless and until the Township so determines that it is in the best
interest of the Township to do so.
B.
Prior to acceptance of any improvements or facilities, the Township
Engineer shall inspect the same to ensure that the same are constructed
in accordance with the approved plans and are functioning properly.
C.
The owner shall submit as-built plans for all facilities proposed
for dedication.
Prior to acceptance of any improvements or facilities, the applicant
shall provide financial security to secure the structural integrity
and functioning of the improvements. The security shall:
A.
Be in the form acceptable to the Township; and
B.
Be for a term of 18 months and in an amount equal to 15% of the actual
cost of the improvements and facilities as constructed; and
C.
Be subject to other long-term operation, maintenance and inspection
guarantees and/or fees as set forth in this chapter.
A.
The Unity Township Board of Supervisors shall adopt by resolution,
and may amend by resolution from time to time hereafter, a reasonable
schedule of fees to cover the cost of pre-application and pre-construction
meetings, plan reviews, inspections and other activities necessary
to administer, monitor and enforce the provisions of this chapter.
B.
The fees required by this chapter shall, at a minimum, cover:
(1)
Administrative/clerical costs.
(2)
The review of the project plan and the BMP Operation and Maintenance
Plan by the Township Engineer.
(3)
The site inspections, including, but not limited to, pre-construction
meetings, inspections during construction of stormwater BMPs and final
inspection upon completion of the stormwater BMPs.
(4)
Any additional work required to monitor and enforce any provisions
of this chapter, correct violations and assure proper completion of
stipulated remedial actions.
C.
Amendment of required fees. The Unity Township Board of Supervisors
reserves the right to revise or amend the fee schedule from time to
time through adoption of a resolution that establishes a new fee schedule
as necessary to administer, monitor and enforce the provisions of
this chapter.
