The applicant shall provide a financial guarantee to the Mars Borough
for the timely installation and proper construction of all stormwater
management controls, as required by the approved SWM site plan and
this chapter, equal to 110% of the full construction cost of the required
controls in accordance with the Municipalities Planning Code.[1]
Provide a certification of completion from an engineer, architect,
surveyor or other qualified person, verifying that all permanent facilities
have been constructed according to the SWM site plan and report and
approved revisions thereto.
Request a final inspection from the Mars Borough to certify compliance
with this chapter, after receipt of the certification of completion
and record drawings by the Mars Borough.
The SWM site plan and report for the project site shall describe
the future operation and maintenance responsibilities. The operation
and maintenance description shall outline required routine maintenance
actions and schedules necessary to ensure proper operation of the
stormwater control facilities.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
If a development consists of structures or lots that are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the Mars Borough, stormwater control facilities/BMPs
may also be dedicated to and maintained by the Mars Borough.
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/BMPs shall be the responsibility of the owner or private
management entity.
Facilities, areas, or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as
deed restrictions or easements that run with the land.
The Mars Borough, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. The Mars
Borough may require a dedication of such facilities as part of the
requirements for approval of the SWM site plan. Such a requirement
is not an indication that the Mars Borough will accept the facilities.
The Mars Borough reserves the right to accept or reject the ownership
and operating responsibility for any portion of the stormwater management
controls.
If the Mars Borough accepts ownership of stormwater BMPs, the Mars
Borough may, at its discretion, require a fee from the applicant to
the Mars Borough to offset the future cost of inspections, operations,
and maintenance.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved SWM site plan or to allow the property
to remain in a condition which does not conform to an approved SWM
site plan unless the Mars Borough grants an exception in writing.
Prior to final approval of the SWM site plan and report, the applicant
shall sign the operation and maintenance (O&M) agreement (Appendix
A[1]) covering all stormwater control facilities that are to
be privately owned. The operation and maintenance (O&M) agreement
shall be recorded with the SWM site plan and made a part hereto.
[1]:
Editor's Note: Appendix A is on file in the Borough offices.
Other items may be included in the operation and maintenance (O&M)
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all BMP facilities. The operation and
maintenance (O&M) agreement shall be subject to the review and
approval of the Mars Borough and the Municipal Solicitor.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the operation and maintenance
(O&M) agreement, the Mars Borough may perform the services required
and charge the owner appropriate fees. Nonpayment of fees may result
in a lien against the property.