[Ord. 691, 9/10/2009]
1.
Prior to construction of the stormwater management facilities specified in the approved stormwater management plan, the developer must provide a schedule of inspections along with a final inspection and submission of as-built drawings to the Township Engineer. These inspection provisions pertain only to construction activities regulated by the land preparation provisions of Part 4D. However, any activities granted exemption from plan preparation provisions as described in § 26-406, and therefore exempt from the inspection provisions, must manage stormwater in the manner specified in the other provisions of this Part 4.
2.
The Township Engineer shall inspect all phases of development of
the site, including but not limited to:
A.
Completion of preliminary site preparation, including stripping of
vegetation, stockpiling of topsoil, and construction of temporary
stormwater management and erosion control facilities.
B.
Completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
C.
During construction of the permanent stormwater facilities.
D.
Upon completion of permanent stormwater management facilities, including
established ground covers and plantings.
E.
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the approved
stormwater management plan and permit.
3.
No work shall begin on a subsequent stage until the proceeding stage
has been inspected and/or approved by the Township Engineer.
4.
It is the responsibility of the developer to notify the Township
Engineer 48 hours in advance of the completion of each phase of development.
5.
Any portion of the work which does not comply with the approved stormwater
management plan must be corrected by the developer within 10 days.
No work may proceed on any subsequent phase of the stormwater management
plan, the subdivision or land development, or building construction
until the required corrections have been made.
6.
If at any stage of the work the Township Engineer determines that the soil or other conditions are not as stated or shown in the approved application, the same may refuse to approve further work and the Township may revoke existing permits until a revised stormwater management plan is submitted and approved, as required by § 26-435 of this Part 4. If the revised stormwater management plan cannot remedy the situation, Warminster Township reserves the right to cancel its approval and halt all work except for that work required to eliminate the activity and return the site to preactivity conditions as much as is reasonably possible.
7.
If the Township Engineer discovers that the facilities or measures
installed may be in violation of Chapter 102, Erosion and Sediment
Control, of the Clean Streams Law provision, the Township Engineer
will refer these violations to the Bucks County Conservation District.
[Amended by Ord. 737, 1/19/2017]
8.
When the developer has completed all the required facilities, he
shall notify Warminster Township, in writing, by certified or registered
mail, and shall send a copy of such notice to the Code Enforcement
Officer of Warminster Township. The Board of Supervisors shall, within
10 days after receipt of such notice, authorize the Township Engineer
to inspect the required facilities. Following this final inspection,
the Township Engineer shall promptly file a report, in writing, with
the Board of Supervisors and shall mail a copy of the report to the
developer by certified or registered mail. The report shall be made
and mailed within 30 days after receipt by the Township Engineer of
the aforesaid authorization by the Board of Supervisors.
9.
Following final inspection, the developer shall submit drawings bearing
the seal of a Pennsylvania registered professional engineer indicating
the as-built improvements called for in the approved plan.
[Ord. 691, 9/10/2009]
1.
Fees shall be established by resolution of the Board of Supervisors
which at a minimum will cover:
A.
The review of stormwater management plans. Review shall mean all
technical review, meetings and discussions relative to the plan.
B.
Stormwater management permit issuance.
C.
Site inspection.
D.
Inspection of required controls and improvements during construction.
E.
The final inspection upon completion of the controls and improvements
required in the plan.
F.
Any additional work required to enforce any permit provisions regulated
by this Part 4, correct violations, and ensure the completion of stipulated
remedial actions.
2.
No permit to begin any work on the project shall be issued until
the requisite fees have been paid.
[Ord. 691, 9/10/2009]
1.
Performance guarantees.
A.
The Board of Supervisors shall, prior to the issuance of a stormwater
management permit and/or approval of a final subdivision/land development
plan and stormwater management plan, require financial security as
a performance guarantee for stormwater management control facilities
in a form to be approved by the Warminster Township Solicitor. If
required by the developer, in order to facilitate financing, the Board
of Supervisors may furnish the developer with a signed resolution
indicating approval of the subdivision/land development plan and stormwater
management plan contingent upon the developer obtaining a satisfactory
financial security. The record plan shall not be signed nor recorded
until a financial improvement agreement is executed. The resolution
or letter of contingent approval shall expire and be deemed to be
revoked if the financial security agreement is not executed within
90 days, unless a written extension is granted by the Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
B.
Where required, the developer shall file with the Board of Supervisors
financial security in an amount sufficient to cover the costs of the
stormwater management facilities. Without limitation as to other types
of financial security which the Township may approve, such approval
shall not be unreasonably withheld; federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts shall be deemed acceptable financial security.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
developer, provided said bonding company or lending institution is
authorized to conduct such business within the commonwealth. Such
bond or other security shall provide for, and secure to the public,
completion of the stormwater management facilities which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
C.
The amount of financial security shall be equal to 110% of the cost
to install the required facilities estimated as of 90 days following
the date scheduled for completion.
D.
If a developer requires more than one year from the date of posting
of the financial security to complete the required facilities, the
amount of financial security may be increased by an additional 10%
for each one-year period beyond the first anniversary date from posting
of financial security or to an amount not exceeding 110% of the cost
of completing the required facilities as reestablished on or about
the expiration of the preceding one-year period by using the above
bidding procedure.
E.
The amount of financial security required shall be based upon an
estimate of the cost of the facilities submitted by the developer
and prepared by a professional engineer licensed as such in this commonwealth
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Board of Supervisors, upon the recommendation of
the Township Engineer, may refuse to accept such estimate for good
cause shown. If the developer and the Board of Supervisors are unable
to agree upon an estimate, then the estimate shall be recalculated
and recertified by another professional engineer licensed as such
in this commonwealth and chosen mutually by the Board of Supervisors
and the developer. The estimate certified by the third engineer shall
be presumed fair and reasonable and shall be the final estimate. In
the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by Warminster Township and
the developer.
F.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of stormwater management
plan applications by sections or stages of development so as to require
or guarantee that stormwater management facilities in both current
and future stages of development will provide the protection of the
finally approved stage of the development.
G.
As the work of installing the required stormwater facilities proceeds, the developer may request the Board of Supervisors to release or authorize to release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be, in writing, addressed to the Board of Supervisors which shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the facilities has been completed in accordance with the stormwater management plan and permit. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the facilities completed, or, if the Board of Supervisors fails to act within a forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release, require retention of 10% of the estimated cost of the aforesaid facilities. The final release of the financial security provisions shall be permitted only after receipt by the Board of Supervisors of certification and as-builts as required by § 26-451, Subsection 2, and by § 26-451, Subsection 9.
H.
In the event that any stormwater management facilities which may
be required have not been installed as provided in this Part 4 or
in accordance with the approved stormwater management plan, the Board
of Supervisors has the power to enforce any corporate bond or other
security by appropriate legal and equitable remedies. If proceeds
of such bond or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the facilities
covered by said security, the Board of Supervisors may, at its option,
install part of such facilities in all or part of the development
and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the facilities.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the stormwater management
facilities covered by such security and not for any other purpose.
2.
Maintenance responsibility and guarantees.
A.
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.
(1)
Single-entity ownership. 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 stated responsibility of the entity related to owning and
maintaining the facilities shall be submitted with the stormwater
management plan for determination of their adequacy. Approval of the
stormwater management plan shall depend upon the approval of these
terms. These terms shall be in writing, shall be in recordable form
and shall, in addition to any other terms deemed necessary by the
Board of Supervisors, contain a provision permitting inspection at
any reasonable time by the Township Engineer of all such facilities
deemed critical in the public welfare. A "single entity" shall be
defined as an association, public or private corporation, partnership,
firm, trust, estate or any other legal entity empowered to own real
estate, exclusive of an individual lot owner.
(2)
Township ownership.
(a)
Where the Board of Supervisors has accepted an offer of dedication
of the permanent stormwater management facilities, the Board of Supervisors
shall be responsible for maintenance. Upon approval of the stormwater
management facilities by the Board of Supervisors, the developer shall
provide a financial security, in a form approved by the Warminster
Township Solicitor for maintenance guarantees, as follows:
1)
Construction maintenance bond. The Board of Supervisors may require the posting of a maintenance bond to secure the structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in § 26-453, Subsection 1, with regard to installation of such facilities, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond
2)
Long-term maintenance bond. The long-term maintenance bond shall
be in an amount equal to the present worth of maintenance of the facilities
for a ten-year period. The estimated annual maintenance cost for the
facilities shall be based on a fee schedule provided by the Township
Engineer and adopted by the Board of Supervisors. The fee schedule
must be reasonable. A cash contribution can be used in lieu of the
long-term maintenance bond, although the contribution must be equivalent
to the amount that would be estimated for the maintenance bond.
(c)
For certain types of facilities, the Board of Supervisors may
benefit by transferring the maintenance responsibility to an individual
or group of individuals residing within the controlled area. These
individuals may have the permanent stormwater control facilities adjacent
to their lots or otherwise have an interest in the proper maintenance
of the facilities. In these instances, the Board of Supervisors and
the individual(s) may enter into a formal agreement for the maintenance
of the facilities whereby Warminster Township shall maintain ownership
of the facilities and be responsible for periodic inspections.
(3)
Individual lot ownership. Where any stormwater management facility
is located on an individual lot, and maintenance thereof is the responsibility
of that landowner, a description of the facility or systems and the
terms of the required maintenance shall be incorporated as a part
of the deed to the property. The deed shall be recorded with the County
Recorder of Deeds within 90 days following the Board of Supervisors'
approval. In addition, the Board of Supervisors may require as a condition
of approval that a deed conveying any interest in such lot contain
language indicating that the conveyance is subject to an express covenant
by the grantee that the grantee will maintain the stormwater management
facility.
(4)
Multientity ownership. In cases where property is in multiple ownership (i.e., many individual ownership of various portions of the property on which stormwater facilities are located) the developer(s) shall enter into an agreement with the Township to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of § 26-453, Subsection 2A(3), shall apply.
3.
Liability insurance. If, in the opinion of the Board of Supervisors
based upon a report of the Township Solicitor, the nature of the work
is such that it may create a hazard to human life or endanger adjoining
property or streets, the Board of Supervisors shall, before issuing
the stormwater management permit, require that the applicant file
a certificate of insurance showing that there exists insurance against
claims for damages for personal injury, bodily injury, and property
damage, including damage to Warminster Township by surface water flow
which has been altered on the site. The liability insurance shall
be to the amount prescribed by the Township in accordance with the
nature of risks involved and include the Township as an additional
insured. Such insurance shall be written by a company licensed to
do business in the commonwealth. Neither issuance of the stormwater
management permit nor compliance with the provisions hereto or any
conditions imposed by the Township shall relieve any person from any
responsibility for damage otherwise imposed by law, nor impose any
liability upon Warminster Township or its officers and employees for
damages to persons or property.
[Ord. 691, 9/10/2009]
1.
Upon presentation of proper credentials, duly authorized representatives
of Warminster Township may enter at reasonable times upon any property
within Warminster Township to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
Part 4.
2.
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the municipality ready access to all parts of
the premises for the purposes of determining compliance with this
Part 4.
3.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater control or BMP in the municipality
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
4.
Unreasonable delays in allowing the municipality access to a stormwater
control or BMP is a violation of this Part 4.
[Ord. 691, 9/10/2009]
1.
In the event that an owner, subdivider, developer or his agent fails
to comply with the requirements of this Part 4 or fails to conform
to the requirements of any permit issued hereunder, Warminster Township
shall provide written notification of violation. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of the violation(s). Such notice may require,
without limitation:
A.
The performance of monitoring, analyses and reporting.
B.
The elimination of prohibited discharges.
C.
Cessation of any violating discharges, practices or operations.
D.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E.
Payment of a fine to cover administrative and remediation costs.
F.
The implementation of stormwater BMPs.
G.
Operation and maintenance of stormwater BMPs.
[Ord. 691, 9/10/2009]
1.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part 4, the municipality may
order compliance by written notice to the responsible person. Such
notice may, without limitation, require the following remedies:
A.
Performance of monitoring, analyses and reporting;
B.
Elimination of prohibited connections or discharges;
C.
Cessation of any violating discharges, practices or operations;
D.
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
E.
Payment of a fine to cover administrative and remediation costs;
F.
Implementation of stormwater controls and BMPs; and
G.
Operation and maintenance of stormwater controls and BMPs.
2.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee and the expense
thereof shall be charged to the violator.
3.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part 4. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
[Ord. 691, 9/10/2009]
1.
Any person, firm or corporation who shall violate any provision of this Part 4 or who shall fail to comply with any written notice from Warminster Township which describes a condition of noncompliance, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 4 continues or each section of this Part 4 which shall be found to have been violated shall constitute a separate offense.
2.
The Bucks County Court of Common Pleas, upon petition, may grant
an order to stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
3.
Nothing contained in the section shall be construed or interpreted
to grant to any person or entity other than Warminster Township the
right to commence any action for enforcement pursuant to this section.
[Ord. 691, 9/10/2009]
1.
An appeal from any action or decision of the Board of Supervisors concerning regulated activities specified in § 26-405 shall be made to the Bucks County Court of Common Pleas pursuant to Article X-A of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
2.
The Board of Supervisors may hear and decide appeals pursuant to
the Pennsylvania Municipalities Planning Code, Section 909.1(b)(6),[2] where it is alleged that the Building Permit/Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part 4 concerning regulated activities specified in § 26-405.
[2]
Editor's Note: See 53 P.S. § 10906.1(b)(6).
3.
The Warminster Township Zoning Hearing Board may hear and decide
pursuant to the Pennsylvania Municipalities Planning Code, Section
909.1(a)(9), [3]where it is alleged that the Building Permit/Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part 4 concerning regulated activities specified in § 26-405.
[3]
Editor's Note: See 53 P.S. § 10909.1(a)(9).
5.
The approval of an appeal shall not have the effect of making null
and void the intent and purpose of this Part 4.
