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 the Township, which specifies that the owner
will properly maintain the facilities consistent with accepted practice,
as determined by the Township Engineer. The agreement shall provide
for regular inspections by the Township or its designee 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), the developer may dedicate the permanent stormwater control facilities to the Township for maintenance. The developer shall pay a fee to the Township, as specified in Subsection C.
(2)
If the developer does not dedicate or if the Township
does not accept ownership, the maintenance of the control facilities
will remain with the owner of the land on which the facilities are
located. In these instances, the Township and the landowner shall
enter into a formal agreement for the maintenance of the facilities.
C.
Dedication of detention basins. If the detention basin
is dedicated or offered to the Township for long-term maintenance,
the following regulations shall apply:
(1)
The dedicated area shall not be considered part of the open space and recreation dedication requirements as required in Chapter 147, Subdivision and Land Development.
(2)
The detention basin berm top shall be a minimum width
of eight feet.
(3)
The developer shall provide for the special financial
burden the Township will be accepting if the Township accepts the
detention basin maintenance. To help mitigate this future financial
burden, the developer shall give to the Township a cash payment in
the amount of $8,000 per acre for any detention basin site or area
dedicated to the Township and being accepted by the Township. This
requirement is minimum and can be modified by a resolution of the
Board of Supervisors, as necessary, to reflect actual long term costs
of detention basin maintenance in Lehigh Township.
