The Township of Union may require the submittal of a letter
of credit or cash bond prior to issuance of a permit in order to insure
that the stormwater practices are installed by the permit holder as
required by the approved stormwater management plan. The amount of
the installation performance security shall be the total estimated
construction cost of the stormwater management practices approved
under the permit, plus 10%. The performance security shall contain
forfeiture provisions for failure to complete work specified in the
stormwater management plan. The installation performance security
shall be released in full only upon submission of "as-built plans"
and written certification by a registered professional engineer that
the stormwater practice has been installed in accordance with the
approved plan and other applicable provisions of this chapter. The
Township of Union will make a final inspection of the stormwater practice
to ensure that it is in compliance with the approved plan and the
provisions of this chapter. Provisions for a partial pro-rata release
of the performance security based on the completion of various development
stages can be done by the Township of Union.
A.Â
The project plan required under this chapter shall contain an operation
and maintenance plan prepared by the applicant and approved by the
Township Engineer. The operation and maintenance plan shall describe
required routine maintenance actions and schedules necessary to ensure
proper operation of the BMPs.
B.Â
The project plan for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed residential
stormwater BMPs consistent with the following principles:
(1)Â
If a development project 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 Township of Union, stormwater
BMPs may also be dedicated to and maintained by the Township of Union.
(2)Â
If a development project is to be maintained in a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater BMPs
shall be the responsibility of the owner or private management entity.
C.Â
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 project plan. The Board of Supervisors
reserves the right to accept or reject the ownership and operating
responsibility for any or all of the stormwater BMPs.
In cases where permanent control facilities are owned by a private
entity such as a homeowner's association, such entity shall be
responsible for maintenance thereof. In this case, a legally binding
agreement between the entity and Union Township shall be made, providing
for maintenance of all permanent control facilities and allowing inspection
by Union Township of all such facilities deemed critical to the public
welfare at any reasonable time.
A.Â
When stormwater management control measures are located on an individual
lot, and when they are the responsibility of that landowner to maintain,
a description of the facility or system and the terms of the required
maintenance shall be incorporated as part of the deed to the property.
B.Â
If Union Township determines at any time that any permanent stormwater
management control facility has been eliminated, altered or improperly
maintained, the owner of the property shall be advised of corrective
measures required and given a reasonable period of time to take necessary
action. If such action is not taken by the property owner, Union Township
may cause the work to be done, file a municipal claim or lien against
the property or institute an action in assumpsit against the property
owner to collect all costs, i.e., contractor's work, administrative
costs, filing fees and interest at 6% on the unpaid balance.
