A.
The stormwater management plan for the development site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities. The proposed maintenance plan
should be consistent with the general maintenance policies stated
in this Part 2, the Borough Stormwater Management Ordinance, and also
consistent with the following principles:
(1)
If a development consists of structures or lots which are to be separately
owned and in which streets, sewers and other public improvements are
to be dedicated to the Borough, stormwater control facilities should
also be dedicated to and maintained by the Borough.
(2)
If a development site is to be maintained in single ownership or
if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities should be the responsibility of the owner or private management
entity.
B.
The Borough Council shall make the final determination on the continuing
maintenance responsibilities as part of the final application review
based on the recommendation of the Planning Commission. The Council
reserves the right to accept or reject the ownership and operating
responsibility of any or all of the stormwater management controls.
C.
A security deposit in the sum of $5,000 cash or certified check shall
be delivered to the Borough and held by it pending the completion
of the stormwater management facilities to ensure the final completion
of the site plan development. In the event that the Borough Engineer
shall determine that the aforementioned sum of $5,000 may be insufficient
because of the nature and size of the development, the Borough Engineer
shall submit a proposal to the developer of the amount which the Engineer
believes to be necessary for completion. In the event that the developer
disagrees with the amount so proposed by the Borough Engineer, a third
engineer may be retained to mediate the proposal and establish the
amount required to be deposited which will ensure completion of the
facilities. The cost incurred by retaining a mediator shall be billed
to the developer.
A.
Prior to final approval of the site's stormwater management
plan, the property owner shall prepare and submit to the Borough Secretary
a stormwater management agreement which will be referred to the Borough
Engineer and to the Borough Solicitor for approval. In the event that
the agreement shall be approved, it shall be submitted to the Recorder
of Deeds for recording and shall be binding upon all successor owners
or developers of the premises. The fees for recording the agreement
shall be at the cost of the developer. The agreement shall stipulate
that:
(1)
The owner shall maintain all facilities in accordance with the approved
maintenance schedule and shall keep all facilities maintained in a
safe and attractive manner.
(2)
The owner shall convey to the Borough easements and/or rights-of-way
to assure access for periodic inspections by the Borough and maintenance
if required.
(3)
The owner shall keep on file with the Borough the name, address and
telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted
to the Borough within 10 days of the change.
(4)
The owner shall establish any special maintenance funds or other
financing sources, in accordance with the approved maintenance plan.
(5)
If the owner fails to maintain the stormwater control facilities,
following due notice by the Borough to correct the problems, the Borough
shall perform the necessary maintenance or corrective work. The owner
shall reimburse the Borough for all costs or a lien shall be placed
on the property.
B.
The Borough may require other items to be included in the agreement
where determined necessary to guarantee the satisfactory maintenance
of all facilities. The maintenance agreement shall be subject to the
review and approval of the Borough Solicitor.
A.
Persons installing stormwater storage facilities shall be required
to pay a specified amount to the Municipal Stormwater Maintenance
Fund to help defray the costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
(1)
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Borough for a period of 10 years as estimated by the Borough
Engineer. After that period of time, inspections will be performed
at the expense of the municipality.
(2)
If the storage facility is to be owned and maintained by the Borough,
the deposit shall cover 100% of the estimated costs for maintenance
and inspections for 10 years. The Borough Engineer will establish
the estimated costs utilizing information submitted by the applicant.
(3)
The amount of deposit to the fund shall be converted to present worth
of the annual series values. The Borough Engineer shall determine
the present worth equivalents which shall be subject to the approval
of the Borough Council.
B.
If the storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the Borough may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purposes.
C.
If in the future, a storage facility (whether publicly or privately
owned) is eliminated due to the installation of storm sewers or other
storage facility, 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.
A.
Guaranty of completion. A completion guarantee in the form of a bond,
cash deposit, certified check or other negotiable securities acceptable
to the Borough shall be filed. The guarantee shall cover all streets,
sanitary sewers, stormwater management facilities, water systems,
fire hydrants, sidewalks and other required improvements, it shall
be in the amount and form prescribed by the Municipal Planning Code
(Section 509).[1]
[1]
Editor's Note: See 53 P.S. § 10509.
C.
Default of completion guaranty. If improvements are not installed
in accordance with the approved final plan, the governing body may
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 improvements covered by said security, the
governing body may, at its option, install part of such improvements
in all or part of the development and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All 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 improvements covered by such security and not for any other
municipal purpose.
D.
Dedication of public improvements.
(1)
When streets, sanitary sewers, stormwater management facilities,
waterlines or other required improvements in the development have
been completed in accordance with the final approved plan, such improvements
shall be deemed private until such time as they have been offered
for dedication to the municipality and accepted by separate ordinance
or resolution or until they have been condemned for use as a public
facility.
(2)
Prior to acceptance of any improvements or facilities, the Borough
Engineer shall inspect it to ensure that it is constructed in accordance
with the approved plan and is functioning properly. In the case of
any stormwater control facility, it must be free of sediment and debris.
(3)
The owner shall submit as-built plans for all facilities proposed
for dedication.
