A.
All stormwater management facilities and systems, including but not
limited to retention and detention basins and BMPs designed and constructed
for the purposes specified under this chapter, shall be maintained
in proper working order in accordance with those design plans filed
with the Township Engineer and shall be the responsibility of the
property owner(s) upon whose property the facilities are located.
In the case of a subdivision and/or land development, the Township
may approve a homeowners' association or the execution of restrictive
covenants to provide for the maintenance of the stormwater management
facilities and systems and BMPs.
B.
The Township shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the stormwater
management site plan. The Township may require a dedication of such
facilities as part of the requirements for approval of the stormwater
management 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.
C.
Facilities, areas, or structures used as stormwater management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
D.
The operations and maintenance plan and/or agreement shall be recorded
as a restrictive deed covenant that runs with the land.
E.
The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
F.
In order to ensure proper maintenance and function of stormwater
management facilities and BMPs, the Township Engineer or his designee
may perform inspections carried out on a random basis.
G.
If at any time the Township Engineer or his designee discovers any
violation or condition not conforming with those designs and plans
filed with the Township in regard to the operation of a stormwater
management facility or a BMP, they shall notify the responsible persons
of the violation, informing them of the nature of such violation and
the manner in which it shall be corrected.
H.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved minor earth disturbance permit, stormwater
management site plan or BMP operations and maintenance plan, or to
allow the property to remain in a condition which does not conform
to an approved minor earth disturbance permit, stormwater management
site plan or BMP operations and maintenance plan, unless an exception
is granted in writing by the Township.
I.
In the event the person shall refuse or neglect to comply with the
provisions of this chapter or the requirements of the Township Engineer,
and noncompliance is creating a danger to the health, safety and welfare
of the community, the Board of Supervisors may take appropriate measures
to correct the violation and assess all expenses of such measures
against the person. The Board of Supervisors may seek reimbursement
by any means permitted by law.
J.
Whenever sedimentation is caused by an earth disturbance activity,
it shall be the responsibility of the person causing such sedimentation
to remove it from all affected surfaces, drainage systems and watercourses,
on site and off site, and to repair any damage at his expense immediately.
K.
Responsibilities for operation and maintenance of BMPs.
(1)
The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater BMPs, as follows:
(a)
If a BMP operations and maintenance plan includes structures
or lots which are to be separately owned and in which streets, sewers
and other public improvements are to be dedicated to the Township,
stormwater BMPs may also be dedicated to, and maintained by, the Township.
(b)
If a BMP operations and maintenance plan includes operation
and maintenance by a single ownership or if sewers and other public
improvements are to be privately owned and maintained, then the ownership
and maintenance of stormwater BMPs shall be the responsibility of
the owner or private management entity.
(2)
Easements.
(a)
Adequate rights-of-way and/or easements shall be provided to
the Township for all stormwater management, storm sewer facilities
and BMPs, as required by the Township. Minimum width of a storm sewer
easement shall be 20 feet.
(b)
Detention basins and permanent lakes and ponds utilized for
stormwater management shall be accessible to a street to permit periodic
maintenance, and an access easement shall be provided to permit such
access.
(c)
Where stormwater or surface water will be gathered within the
site and discharged or drained in volume over lands within or beyond
the boundaries of the site, the applicant or owner shall reserve or
obtain easements over all lands affected thereby; which easements
shall be adequate for discharge or drainage and for the carrying off
of such water and for the maintenance, repair and reconstruction of
the same by vehicles, machinery and other equipment for such purposes,
and which shall be sufficient width for such passage and work. The
applicant or owner shall convey, free of charge or cost, such easements
to the Township upon demand.
(d)
To the fullest extent possible, stormwater and drainage easements
shall be centered on or adjacent to rear or side lot lines.
(e)
No structure or plantings, except for a lawn or herbaceous plantings,
i.e., sedges, rushes, etc., shall be set or put within the area of
a stormwater or drainage easement without prior approval of the Township.
(f)
The Township Board of Supervisors reserves the right to require
an access easement to and over stormwater management systems and facilities
in a form acceptable to the Township Solicitor.
(g)
All easements must be documented in the form of an easement
agreement, approved by the Township Solicitor and recorded at the
Recorder of Deeds for Montgomery County.
(3)
Municipal stormwater BMP operation and maintenance fund.
(a)
If stormwater BMPs are accepted by the Township in dedication,
the Township may require persons installing stormwater BMPs to pay
a specified amount to the municipal stormwater BMP operation and maintenance
fund to help defray costs of operations and maintenance activities.
The amount may be determined as follows:
(b)
If a BMP is proposed that also serves as a recreation facility
(e.g., ballfield, lake), the Township may adjust the amount accordingly.
A.
Prior to final approval of the stormwater management site plan, the
property owner shall sign and record an operation and maintenance
(O&M) agreement (see sample in Appendix A) covering all stormwater
control facilities which are to be privately owned. The agreement
shall be substantially the same as the agreement in Appendix A of
this chapter.
(1)
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
(2)
The owner shall convey to the Township conservation easements to
assure access for periodic inspections by the Township and maintenance,
as necessary.
(3)
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.
B.
The owner is responsible for operation and maintenance (O&M)
of the stormwater management BMPs. If the owner fails to adhere to
the 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.
A.
For stormwater management site plans that involve subdivision and
land development, 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
stormwater management site Plan and this chapter in accordance with
the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities
Planning Code.
B.
Bond required. The Township Engineer may, before issuing a permit,
require a performance bond in a form and amount satisfactory to them
and approved by the Township Solicitor, conditioned upon the faithful
performance of the runoff, erosion control measures, BMPs and other
conditions specified in the permit within the times specified, or
within any extension thereof granted by the Township Engineer, in
the amount of 110% of the total estimated cost of all runoff, erosion
and sediment control measures, BMPs and safeguards of adjoining properties
or, in the alternative, the posting of a letter of credit or deposit
of funds equal to 110% of the cost of measures pursuant to a security
agreement. No portion of said funds may be released except upon order
of the owner, occupier, homeowners' association and the Township
Engineer, or a designated official of the Township of Whitemarsh,
for payment of the cost of labor, material and other costs of the
installation of the aforesaid improvements. In the event that the
owner, occupier or homeowners' association should fail to complete
the improvements within a prescribed period of time, the Township
shall have the right to demand and receive from the escrow account
the amount then remaining in the escrow fund.
C.
Default.
(1)
Whenever the Township Engineer shall find that a default has occurred
in the performance of any term or condition of the permit or bond,
written notice thereof shall be given to the principal and to the
surety of the bond. Such notice shall state the work to be done, the
estimated cost thereof and the period of time deemed by the Township
Engineer to be reasonably necessary for the completion of such work.
(2)
In the event of any default in the performance of any term or condition
of the permit or the bond, Whitemarsh Township, the surety or any
person employed or engaged on his behalf shall have the right, but
not the obligation, to go upon the site to complete the required work
or make it safe.
(3)
In the event the Township of Whitemarsh undertakes the work, with
the funds from the escrow fund, such escrow funds shall be used to
pay the cost of contracting, including engineering and administration,
for restoration of the site to meet the requirements of the permit.
If the cost of the work exceeds the amount of the escrow fund or performance
bond, the permittee shall continue to be firmly bound under a continuing
obligation for payment of all excess costs and expenses incurred by
the Township.
(4)
The Township Engineer shall submit a bill for all such excess costs
and expenses to the Township. All such excess costs and expenses incurred
by the Township shall be a personal obligation of the permittee and
shall be a lien upon the premises. Whenever a bill therefor remains
unpaid for a period of 60 days after it has been rendered by the Township
Engineer, the Township Solicitor may file a municipal claim or commence
action for collection of such costs and expenses in the manner provided
by law for the collection of debts and municipal claims.
D.
Return of the bond. The performance bond, letter of credit, or escrow
fund shall remain in force and effect until it is found that the work
authorized by the permit has been satisfactorily completed in accordance
with the requirements imposed upon final inspection of all earth-disturbing
or site-improvement work. At such time, the Township Engineer will
certify that the work is approved, and the performance bond, letter
of credit, or escrow fund shall be returned to the applicant.
E.
Liability insurance.
(1)
If, in the opinion of the Township Engineer, the nature of the work
is such that it may create a hazard to human life or endanger adjoining
property at a higher or lower elevation, or any street improvement,
or any other public property, then the Township Engineer may, before
issuing the permit, require that the applicant file a certificate
of insurance showing that he is insured against claims for damages
for personal injury, bodily injury and property damage, including
damage to the Township of Whitemarsh, by deposit or washing of material
onto municipal streets or other public improvements, (which may arise
from or out of the performance of the work, whether such performance
is by the Township Engineer, his subcontractor or any person directly
or indirectly employed by or for the Township Engineer) in limits
prescribed by the Township in accordance with the nature of the risks
involved but not less than $1,000,000 bodily injury and $500,000 property
damage, and including the Township as an additional insured. Such
insurance shall be written by a company licensed to do business in
the Commonwealth of Pennsylvania.
(2)
Neither issuance of the permit nor compliance with the provisions
hereto or any condition imposed by the Township Engineer shall relieve
any person from any responsibility for damage to persons or property
otherwise imposed by law, nor impose any liability upon the Township
of Whitemarsh or its officers and employees for damage to persons
or property.
