The maintenance responsibilities for permanent
stormwater runoff control facilities shall be determined based upon
the type of ownership of the property which is controlled by the facilities.
A. Single-entity ownership. In all cases where the permanent
stormwater runoff control facilities are designed to manage runoff
from property in a single-entity ownership as defined below, the maintenance
responsibility for the stormwater control facilities shall be with
the single-entity owner. The single-entity owner shall enter into
an agreement with Whitpain Township which specifies that the owner
will properly maintain the facilities consistent with accepted practice
as determined by the Municipal Engineer. The agreement shall provide
for regular inspections by Whitpain Township and contain such provisions
as necessary to ensure timely correction of any maintenance deficiencies
by the single-entity owner. A "single entity" shall be defined as
an individual, association, public or private corporation, partnership,
firm, trust, estate or any other legal entity empowered to own real
estate.
B. Multiple ownership.
(1) In cases where the property controlled by the permanent stormwater control facilities shall be in multiple ownership (i.e., many individual owners of various portions of the property), each owner shall be responsible for that portion of the stormwater control facilities which are constructed on each owner's property and shall be considered as a single-entity owner in accordance with Subsection
A above for maintenance purposes.
(2) In certain multiple ownership situations, Whitpain
Township may benefit by transferring the maintenance responsibility
to an individual or group of individuals residing within the controlled
area. These individuals may have the permanent stormwater control
facilities adjacent to their lots or otherwise have an interest in
the proper maintenance of the facilities. In these instances, Whitpain
Township and the individual(s) may enter into a formal agreement for
the maintenance of the facilities. Whitpain Township shall be responsible
for periodic inspections.
Upon presentation of the proper credentials, duly authorized representatives of Whitpain Township may enter at reasonable times upon any property within Whitpain Township to investigate or ascertain whether proper maintenance is being provided for any stormwater management facilities for which Whitpain Township is not directly responsible for maintenance as provided as §
125-35.