A.
For subdivisions and land developments, the applicant shall provide a financial guarantee to Union Township for the timely installation and proper construction of all stormwater management controls, as required by the approved drainage plan, equal to or greater than the full construction cost of the required controls or in the amount and method of payment provided for in Chapter 172, Subdivision and Land Development.
B.
For other regulated activities, Union Township may
require a financial guarantee from the applicant.
C.
At the completion of the project, and as a prerequisite
for the release of the performance guarantee, the applicant or his
representatives shall:
D.
After Union Township receives the certification, a
final inspection shall be conducted by Union Township or its designee
to certify compliance with this chapter.
It shall be unlawful to alter or remove any
permanent stormwater control and BMP required by an approved stormwater
control and BMP operations and maintenance plan or to allow the property
to remain in a condition which does not conform to an approved stormwater
control and BMP operations and maintenance plan.
A.
The property owner shall sign an operations and maintenance
agreement with Union Township covering all stormwater controls and
BMPs that are to be privately owned. The agreement shall be substantially
the same as the agreement in Appendix A of this chapter.
B.
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory operation and maintenance
of all permanent stormwater controls and BMPs. The agreement shall
be subject to the review and approval of Union Township.
A.
Stormwater management easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by Union Township.
B.
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or for preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 165-39.
A.
The owner of any land upon which permanent stormwater
controls and BMPs will be placed, constructed or implemented, as described
in the stormwater control and BMP operations and maintenance plan,
shall record the following documents in the office of the Recorder
of Deeds for Berks County within 15 days of approval of the stormwater
control and BMP operations plan by Union Township:
B.
Union Township may suspend or revoke any approvals
granted for the project site upon discovery of the failure of the
owner to comply with this section.
A.
Persons installing stormwater controls or BMPs shall
be required to pay a specified amount to the Municipal Stormwater
Control and BMP Operation and Maintenance Fund to help defray costs
of periodic inspections and maintenance expenses. The amount of the
deposit shall be determined as follows:
(1)
If the stormwater control or BMP is to be privately
owned and maintained, the deposit shall cover the cost of periodic
inspections performed by Union Township for a period of 10 years,
as estimated by the Municipal Engineer. After that period of time,
inspections will be performed at the expense of Union Township.
(2)
If the stormwater control or BMP is to be owned and
maintained by Union Township, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Municipal
Engineer will establish the estimated costs utilizing information
submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted
to present worth of the annual series values. The Municipal Engineer
shall determine the present worth equivalents, which shall be subject
to the approval of the Board of Supervisors.
B.
If a stormwater control or BMP is proposed that also
serves as a recreation facility (e.g., ballfield, lake), Union Township
may reduce or waive the amount of the maintenance fund deposit based
upon the value of the land for public recreation purpose.
C.
If, at some future time, a stormwater control or BMP
(whether publicly or privately owned) is eliminated due to the installation
of storm sewers or other storage facility, the unused portion of the
maintenance fund deposit will be applied to the cost of abandoning
the facility and connecting to the storm sewer system or other facility.
Any amount of the deposit remaining after the costs of abandonment
are paid will be returned to the depositor.
D.
If stormwater controls or BMPs are accepted by Union
Township for dedication, Union Township may require persons installing
stormwater controls or BMPs to pay a specified amount to the Municipal
Stormwater Control and BMP Operation and Maintenance Fund to help
defray costs of operations and maintenance activities. The amount
may be determined as follows:
E.
Long-term maintenance. Union Township shall require
applicants to pay a fee to the Municipal Stormwater Maintenance Fund
to cover long-term maintenance of stormwater control and best management
practices.
F.
Stormwater-related problems. Union Township may require
applicants to pay a fee to the Municipal Stormwater Maintenance Fund
to cover stormwater-related problems which may arise from the land
development and earth disturbance. The Municipal Engineer will establish
the estimated cost of utilizing information submitted by the applicant.