For all subdivisions and land development, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all erosion and sediment control measures and stormwater management facilities/BMPs as required by the approved drainage plan and by this chapter equal to the full construction cost of the required controls plus construction contingency and construction inspection costs.
A. 
The drainage plan for the regulated development activity shall contain a stormwater management/BMP facilities operation and maintenance plan (O&M plan) prepared by a qualified design professional. The O&M plan shall be subject to review and approval of the Township Engineer.
B. 
The O&M plan for the development site shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater management/BMP facilities and shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater management/BMP facilities, consistent with the following principles:
(1) 
If a development consists of structures or lots that are to be separately owned and in which streets, storm sewers, and other stormwater management improvements are to be dedicated to the Township, stormwater management/BMP facilities may also be dedicated to and maintained by the Township, if accepted by the Township.
(2) 
If a development site is to be maintained in a single ownership or if storm sewers and other stormwater management/BMP facilities are to be privately owned and maintained, then the ownership and maintenance of stormwater management/BMP facilities shall be the responsibility of the owner or private management entity.
C. 
The drainage plan and O&M plan shall include the following:
(1) 
Description of how each stormwater management facility and BMP will be operated and maintained, and the identity and contact information associated with the person(s) responsible for such operations and maintenance.
(2) 
Name of the project site, name and address of the owner of the property, and name of the individual or firm preparing the plan. The owner shall keep on file with the Township the name, address, and telephone number of the person or entity responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the Township within 10 working days of the change.
(3) 
A statement, signed by the facility owner, acknowledging that the stormwater management facilities and BMPs are fixtures that cannot be altered or removed unless such alteration or removal is approved by the Township.
D. 
Facilities, areas, or structures used as stormwater management/BMP facilities shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land. The owner shall convey to the Township easements to assure access for periodic inspections by the Township and emergency maintenance, if necessary.
E. 
The O&M plan for stormwater management/BMP facilities, including those approved pursuant to 25 Pa. Code Chapter 102, shall be recorded as a restrictive deed covenant that runs with the land.
F. 
The Board of Supervisors, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan. The Board of Supervisors reserves the right at any time to accept the ownership and operating responsibility for any or all of the stormwater management/BMP facilities. The right of the Township to accept ownership in the future shall be stated in the maintenance agreement (refer to § 132-27).
G. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
A. 
Prior to final approval of the drainage plan, the applicant shall sign and record an O&M agreement prepared and approved by the Township Solicitor covering all stormwater management/BMP facilities that are to be privately owned. Said agreement, at a minimum, must contain the provisions identified in the sample agreement, designated as Appendix 132E, which is attached and made part hereof.[1]
[1]
Editor's Note: Appendix 132E is included as an attachment to this chapter.
B. 
Other items may be included in the O&M agreement where determined necessary to guarantee the satisfactory maintenance of all stormwater management/BMP facilities. The O&M agreement shall be subject to review and approval of the Township.
C. 
The property owner shall be responsible for the operation and maintenance of all stormwater management/BMP facilities located on the property owner's land in accordance with the approved schedule(s) in the O&M plan. If the owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the property owner the appropriate fees and costs of these services. Nonpayment of these fees and costs may result in a lien against the property.
A. 
Easements shall be granted by the property owner as necessary to provide for:
(1) 
Access to the property by the Township for facility inspections and emergency maintenance.
(2) 
Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the one-hundred-year storm event.
B. 
The purpose of any easement shall be specified in the O&M agreement signed by the property owner.
C. 
Stormwater management/BMP facilities easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.
D. 
All easements shall be recorded with the Montgomery County Recorder of Deeds in conjunction with final drainage plan approval, issuance of a building permit or recordation of a subdivision or land development plan.
A. 
A financial deposit to the Township Stormwater Maintenance Fund shall be required to be paid by the developer to help defray costs of periodic inspections and maintenance expenses associated with all stormwater management/BMP facilities, storm sewers, and culverts, as well as any other such improvements required by PennDOT (within the right-of-way of public roadways), that are to be maintained after dedication by the Township. The amount of the deposit shall be determined as follows:
(1) 
If the facilities are to be maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Township Engineer will establish the estimated costs utilizing information submitted by the applicant.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Township Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Board of Supervisors.
B. 
If a stormwater management/BMP facility is proposed that also serves as a recreation facility (e.g., ball field, pond), the Township may, but is not required to, reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purposes.
C. 
If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facilities, 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.