[Ord. No. 678, 11/28/2018]
1.Â
The SWM site plan for the project shall include an operation and
maintenance plan (O&M plan) which outlines the required routine
maintenance actions and schedules necessary to ensure proper operation
of the stormwater management facilities shown on the SWM site plan.
2.Â
The Township, upon recommendation of the Township Engineer, shall
make the final determination regarding the specific responsibilities
contained in the O&M plan. Such determination shall be made as
part of the Township's approval of the SWM site plan.
3.Â
The developer and landowner shall be responsible for complying with
the terms of the O&M plan contained in the Township-approved SWM
site plan.
4.Â
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
5.Â
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
6.Â
The Township may take enforcement actions against a developer or
landowner for any failure to satisfy the provisions of this Part.
[Ord. No. 678, 11/28/2018]
1.Â
Prior to the Township approval of the SWM site plan, and prior to
commencement of any earth disturbance activities, the developer and/or
landowner shall sign and record an operation and maintenance (O&M)
agreement, in a form acceptable to the Township Solicitor, covering
all stormwater management facilities which are to, or may, be privately
owned.
A.Â
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
B.Â
The owner shall convey to the Township easements to assure access
to the stormwater management facilities for periodic inspections by
the Township and maintenance, as necessary.
C.Â
The owner shall keep on file with the Township the name, address,
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information shall be submitted
by the owner to the Township within 10 working days of the change.
2.Â
A standard-form O&M agreement may be adopted from time to time
by resolution of the Board of Supervisors.
3.Â
The O&M agreement executed by the Township and the developer
and/or landowner shall be recorded with the County Department of Real
Estate and shall be considered a restrictive covenant that runs with
the subject property.
4.Â
The O&M agreement shall provide that the landowner is responsible
for operation and maintenance of the SWM BMPs, and that if the landowner
fails to adhere to the O&M agreement, then the Township may perform
the services required and charge the landowner for the cost of any
such services provided, with the nonpayment of such costs resulting
in a lien against the subject property.
[Ord. No. 678, 11/28/2018]
1.Â
Prior to commencement of earth disturbance activities related to
a Township-approved SWM site plan, the developer shall provide the
Township with performance security to guarantee the completion, timely
installation, and proper construction of all stormwater management
facilities shown on the Township-approved SWM site plan.
2.Â
The amount of the performance security shall be equal to 110% of
the cost of completing all stormwater management facilities shown
on a Township-approved SWM site plan, such cost estimated as of 90
days following the date scheduled for completion by the developer.
4.Â
Annually, the Township may adjust the amount of the performance security
in accordance with the applicable provisions of Article V of the MPC.
The Board of Supervisors may approve partial release(s) of the performance
security from time to time in accordance with the provisions of Article
V of the MPC. Any disagreements with respect to the adjustment of
the performance security contemplated under this section shall be
resolved in accordance with the provisions of Article V of the MPC.
5.Â
After the completion of the stormwater management facilities required
by the Township-approved SWM site plan, and as a prerequisite for
the release of the performance security, the developer shall:
A.Â
Provide a certification of completion from a qualified professional
verifying that all permanent stormwater management facilities have
been constructed in accordance with the Township-approved SWM site
plan.
B.Â
Provide the record drawings required by this chapter.
C.Â
Request a final inspection by the Township to certify compliance
with this chapter and the Township-approved SWM site plan, after Township
receipt of the certification of completion and the record drawings
