A. 
For subdivisions and land developments, the applicant shall provide a performance guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater management site plan in the amount and method of payment provided for in Chapter 390, Subdivision and Land Development.
B. 
For other regulated activities, the municipality will require a performance guarantee from the applicant in an amount equal to 110% of the full construction cost of the stormwater management controls as required by the approved stormwater management site plan estimated as of 90 days following the date scheduled for the completion of the construction of the same.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant or his representatives shall:
(1) 
Provide a certification of completion from a Pennsylvania-licensed professional engineer, verifying that all required stormwater management facilities have been constructed according to the plans and specifications and approved revisions thereto as follows:
"I (Design Engineer), on this date (date of signature) hereby certify that the stormwater management facilities have all been installed in accordance with the approved Stormwater Management Site Plan for (name of project) and in compliance with the design standards and requirements of the Ordinance."
(2) 
Provide a set of record drawings with a certification from the contractor on the record drawings that states:
"I, (insert signer's name), state that I am the (insert position) of (insert name of contractor) on this date (date of signature), hereby certify (1) that I am duly authorized to make this certification of behalf of (insert name of contractor), and (2) that all stormwater management facilities have been constructed according to the approved plans and specifications and approved revisions thereto."
The signer shall either be the owner, partner, officer of the corporation, managing member of the limited-liability company, or person in control of any other legal entity, duly authorized by the contractor to sign the certification.
D. 
After the municipality receives the certifications and record drawings, a final observation shall be conducted by the Municipal Engineer or his municipal designee to verify compliance with the approved stormwater management site plan and approved revisions thereto.
A. 
The stormwater management site plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Municipal Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the stormwater management facilities.
B. 
The stormwater management site plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater management facilities, consistent with the following principles:
(1) 
Both the owner and developer of the development site shall be responsible for maintenance of the stormwater management facilities, unless the Board of Commissioners shall otherwise agree.
(2) 
If a development site consists of structures or lots which are to be separately owned and in which streets, sewers or other public improvements are to be offered for dedication to the municipality, stormwater control facilities may also be offered for dedication to the municipality, however the municipality is not obligated to accept ownership.
(3) 
If a development site is to be maintained in a single ownership or if streets, sewers or other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities shall be the responsibility of the applicant, owner or private management entity, as approved by the municipality.
(4) 
If, with the permission of the Board of Commissioners, the ownership of and/or maintenance responsibility for the stormwater management facilities is assigned/delegated to a homeowners' association, condominium unit owners' association, or similar entity (a "transferee"), such transferee shall enter into an agreement with the municipality, which shall be in form and substance acceptable to the municipality, acknowledging its duties and the municipality's rights, and agreeing to perform all maintenance responsibilities, contained in the stormwater maintenance agreement referenced in § 365-17 of this chapter entered into with respect to the property or project. If such transferee fails to properly maintain the stormwater management facilities, the municipality shall have the same rights granted to municipalities under Section 705 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247,[1] as amended, with reference to maintenance of common open space, to maintain the stormwater management facilities.
[1]
Editor's Note: See 53 P.S. § 10705.
(5) 
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.
(6) 
The O&M Plan shall be recorded as a restrictive deed covenant that runs with the land.
(7) 
The owner shall keep on file with the Municipality 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 Municipality within 10 working days of the change.
(8) 
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M Agreement, the Municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
C. 
The Board of Commissioners, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to approval of the stormwater management site plan. The Board of Commissioners reserves the right, but not the obligation or requirement, to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
Prior to approval of the site's stormwater management site plan, the applicant shall sign and record a maintenance agreement in form and substance satisfactory to the Board of Commissioners, covering all stormwater control facilities that are to be privately owned.
B. 
Other items may be included in the maintenance agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the municipal solicitor and Board of Commissioners.
C. 
The landowner or the owner's designee (including the Municipality for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
D. 
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Municipality within 30 days following completion of the inspection.