A.
The applicant shall provide a financial guarantee to the municipality
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]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
At the completion of the project and as a prerequisite for the release
of the financial guarantee, the applicant shall:
(1)
Provide a certification of completion from an engineer, architect,
surveyor or other qualified professional, verifying that all permanent
facilities have been constructed according to the SWM site plan and
report and approved revisions thereto.
(2)
Provide a set of record drawings.
(3)
Request a final inspection from the municipality to certify compliance
with this chapter after receipt of the certification of completion
and record drawings by the municipality.
A.
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.
B.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principles:
(1)
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 municipality, stormwater control facilities/BMPs
may also be dedicated to and maintained by the municipality upon its
approval.
(2)
If a development site is to be maintained in a single ownership or
if streets, 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.
(3)
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.
(4)
The SWM site plan and operation and maintenance (O&M) agreement
shall be recorded as a restrictive deed covenant that runs with the
land.
(5)
The municipality may take enforcement actions against an applicant
for failure to satisfy any provision of this chapter.
C.
The municipality, 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 municipality
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 municipality will accept the facilities. The municipality
reserves the right to accept or reject the ownership and operating
responsibility for any portion of the stormwater management controls.
D.
If the municipality accepts ownership of stormwater BMPs, the municipality
may, at its discretion, require a fee from the applicant to the municipality
to offset the future cost of inspections, operations, and maintenance.
E.
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 municipality grants an exception, in writing.
A.
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 included at the end of this chapter.
B.
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 municipality and the Municipal Solicitor.
C.
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 municipality may perform the services required
and charge the owner appropriate fees. Nonpayment of fees may result
in a lien against the property.
