The applicant should provide a financial guarantee
to the Borough for the timely installation and proper construction
of all stormwater management controls as required by the approved
stormwater plan and this chapter equal to the full construction cost
of the required controls.
A.
The drainage plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Borough Engineer. The operation and maintenance plan shall
outline required routine maintenance actions and schedules necessary
to insure proper operation of the facility(ies).
B.
The drainage plan for the development 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 which
are to be separately owned and in which streets, sewers and other
public improvements are to be dedicated to the municipality, stormwater
control facilities may also be dedicated to and maintained by the
Borough.
(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 shall be the responsibility of the owner or private
management entity.
C.
The Borough, upon recommendation of the Borough Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The Borough
reserves the right to accept the ownership and operating responsibility
for any or all of the stormwater management controls.
D.
In the event the property owner fails to adhere to its operation
and maintenance responsibilities or BMPs provided for in this chapter
or in the maintenance agreement provided for below, the Borough may
enter upon the subject property and take such necessary and prudent
action to maintain the property owner's stormwater management facilities
and/or BMPs and to charge the costs of the maintenance and/or repairs
to the property owner, his successors and assigns. In the event the
Borough undertakes such maintenance and/or repairs, any costs incurred
by the Borough and not reimbursed by the property owner within 30
days shall be a lien against the property and may be entered thus
as a municipal claim, together with all reasonable attorneys' fees
and costs incurred by the Borough in the collection thereof.
[Added 7-14-2014 by Ord. No. 2014-04]
[Amended 7-14-2014 by Ord. No. 2014-04]
A.
Prior to final approval of the site's stormwater management plan,
the property owner shall sign and record the maintenance agreement
contained in Appendix A,[1] which is attached and made part hereof, covering all stormwater
control facilities that are to be privately owned. The property owner
shall record the maintenance agreement as a deed covenant with the
Franklin County Register and Recorder of Deeds office.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Other items may be included in the 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 Borough.
C.
Stormwater management BMPs required within the Borough shall be promptly
recorded as deed covenants at the Franklin County Register and Recorder
of Deeds office.
[Amended 7-14-2014 by Ord. No. 2014-04]
Persons installing stormwater storage facilities
shall be required to enter into an agreement with the Borough, said
agreement to be acceptable to the Borough Solicitor, to provide for
the maintenance and periodic inspection of the facilities constructed
and provided pursuant to the provisions of this chapter. The maintenance
and inspection obligations assumed by the developer shall provide
for maintenance and inspection for a period not less than 10 years
and shall be in form and substance acceptable to the Borough Solicitor
or Assistant Solicitor. At the expiration of the term of the agreement,
upon the request of the developer, the security provided to insure
the maintenance obligation of the developer will be released by the
Borough. Such persons installing the stormwater storage facilities
shall record all such maintenance agreements at the Franklin County
Register and Recorder of Deeds office.
