No regulated earth disturbance activities within Kidder Township shall commence until approval by the Township of the BMP operations and maintenance plan which describes how the permanent (e.g., postconstruction) stormwater BMPs will be properly operated and maintained.
The applicant, at the discretion of the Township, may be required to provide financial guarantee to Kidder Township for the timely installation and proper construction of all stormwater management controls, including BMPs, equal to full construction cost of the required controls, plus 10% contingencies, in accordance with the Municipality Planning Code and Chapter 153, Subdivision and Land Development.
A. 
The drainage plan, including BMP operations and maintenance plan, for the project site shall contain an operation and maintenance plan prepared by the developer and approved by Kidder Township. The operation and maintenance plan shall outline required routine maintenance and schedules necessary to insure proper operation of the facility(ies). The operation and maintenance plan shall be the exclusive responsibility of the developer.
B. 
The drainage plan, including BMP operations and maintenance plan, 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 plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to Kidder Township, stormwater facilities, including BMPs, may also be dedicated to and maintained by Kidder Township, after a maintenance agreement is established per § 148-76;
(2) 
If a plan includes operations and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater facilities, including BMPs, shall be the responsibility of the owner or private management entity.
C. 
Kidder Township shall make the final determination on the continuing operations and maintenance responsibilities. Kidder Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater facilities, including BMPs.
It shall be unlawful to alter or remove any permanent stormwater facility, including BMPs, required by an approved drainage plan, including BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved drainage plan, including BMP operations and maintenance plan, unless an exception is granted in writing by Kidder Township.
A. 
The property owner shall sign and record an operations and maintenance agreement covering all stormwater facilities, including BMPs, with Kidder Township that are to be privately owned. The agreement shall include the terms of the format agreement referenced in Appendix D of this part.[1]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
B. 
Other items may be included in the agreement where determined by Kidder Township to be reasonable or necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater facilities, including BMPs. The agreement shall be subject to the review and approval of Kidder Township.
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in an agreement under § 148-76.
A. 
The owner of any land upon which permanent stormwater facilities, including BMPs, will be placed, constructed or implemented, as described in the drainage plan, including the BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Carbon County, within 90 days of approval of the drainage plan, including BMP operations plan, by Kidder Township:
(1) 
The operations and maintenance plan or a summary thereof.
(2) 
Operations and maintenance agreements under § 148-76.
(3) 
Easements under § 148-77.
B. 
Kidder 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 facilities, including BMPs, shall be required to pay a specified amount to the Kidder Township Stormwater 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 facility, including BMPs, is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by Kidder Township for a period of 10 years, as estimated by the Township.
(2) 
If the stormwater facility, including BMPs. is to be owned and maintained by Kidder Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years, as determined by the Township.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series value.
B. 
If a stormwater facility, including BMPs, is proposed that also serves as a recreation facility (e.g., ball field, lake), Kidder Township may reduce or waiver the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.