A.
Following final approval of the as-built plan by the
Borough of Waynesboro, the developer shall dedicate the permanent
stormwater management facilities to the specific entity responsible
for the overall maintenance and control of the stormwater management
facilities. Any such designated entity, other than the Borough of
Waynesboro, shall be approved by the Borough of Waynesboro as an acceptable
and duly authorized organization to carry on the responsibility and
obligations of maintenance upkeep and be bound by this chapter. Such
responsible entities shall be set up as legal organizations bound
by the laws of the Commonwealth of Pennsylvania and the Borough of
Waynesboro. In addition to the Borough of Waynesboro ownership, such
entities can be homeowners' associations, corporations, or individual
lot owners.
B.
In instances where the permanent control facilities
are owned by a private entity (such as a homeowners' association)
such entity shall be responsible for maintenance. A written agreement
acceptable to the Borough of Waynesboro, for inspection by the Borough
of Waynesboro of all such facilities, shall be executed by the entity
responsible for this maintenance and the developer, and submitted
by the developer to the Borough of Waynesboro.
C.
In instances when stormwater management facilities
are located on an individual lot, and when they are the responsibility
of that landowner to maintain, a description of the facility or system
and the terms of the required maintenance shall be incorporated as
part of the deed to the property.
D.
In all instances, the developer shall post financial
security in an amount sufficient to cover the present worth of maintenance
of the facilities for a ten-year period. The financial security shall
be based on the estimated annual maintenance cost for the facilities
submitted by the developer and prepared by a professional engineer/surveyor
licensed as such in this commonwealth and certified by such engineer/surveyor
to be a fair and reasonable estimate of such cost. The Borough of
Waynesboro, upon the recommendation of the Director of Engineering,
may refuse to accept such estimate for good case shown. If the developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer/surveyor
licensed as such in this commonwealth and chosen mutually by the Borough
and the developer. The estimate certified by the third engineer/surveyor
shall be presumed fair and reasonable and shall be the final estimate.
In the event that a third engineer/surveyor is so chosen, fees for
the services of said engineer/surveyor shall be paid equally by the
Borough of Waynesboro and the developer.
E.
Financial security shall be posted with a bonding
company or federal- or commonwealth-chartered lending institution
chosen by the party posting the financial security, provided said
bonding company or bonding institution is authorized to conduct said
business within the commonwealth. In lieu of a bond, the developer
may deposit cash or securities with the Borough of Waynesboro or with
a bank or trust company to guarantee performance of said contract
and to secure completion of the improvements under an escrow agreement
approved by the Borough of Waynesboro's Solicitor and the Borough
Council of the Borough of Waynesboro. The amount of the bond or other
guarantee shall be sufficient to cover the cost of required improvements
as estimated by the Engineer. The escrow agent for the deposits of
such cash or securities shall be designated and selected by the Borough
Council of the Borough of Waynesboro.
F.
Such bond or other security shall provide for and
secure to the public, the maintenance cost of the facilities which
may be required for a ten-year period.
G.
Federal- or commonwealth-chartered lending institutions
irrevocable letters of credit and restrictive or escrow accounts in
such lending institutions are acceptable forms of financial security
which may be utilized by a developer to comply with the requirements
of this article.
H.
If the Borough of Waynesboro determines at any time
that any permanent stormwater management control facilities has been
eliminated, altered or improperly maintained, the responsible entity
shall be advised of corrective measures required and given a reasonable
period of time to take necessary action. If such action is not taken
by the responsible entity, the Borough of Waynesboro may cause the
work to be done and lien all costs plus 10% against the property of
the responsible entity or collect same by an appropriate action of
law.
