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Borough of Sellersville, PA
Bucks County
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Table of Contents
Table of Contents
The applicant should provide a financial guarantee to the Municipality for the timely installation and proper construction of all stormwater management controls as required by the approved East Branch Perkiomen Creek Stormwater Management Plan and this Part 2 equal to the full construction cost of the required controls.
A. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Municipal Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).
B. 
The drainage plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, 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 municipality, stormwater control facilities may also be dedicated to and maintained by the municipality; however, the designated owner(s) of the facility(ies) must be recorded on the final development plan.
(2) 
In the instance of developments which include public improvements that are to be dedicated to the municipality, stormwater control facilities may be owned and maintained by an appropriately established homeowners' association in lieu of municipal ownership/maintenance; however, the designated owner(s) of the facility(ies) must be recorded on the final development plan.
(3) 
If a development site 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 control facilities may be the responsibility of the owner or private management entity; however, the designated owner(s) of the facility(ies) must be recorded on the final development plan.
C. 
The Municipality, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan. The municipality reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
Prior to final approval of the site's stormwater management plan, the applicant shall sign and record the maintenance agreement contained in Appendix A which is attached and made part hereof,[1] covering all stormwater control facilities that are to be privately owned.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
B. 
Other items may 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 municipality.
A. 
Persons installing stormwater management facilities and best management practices shall be required to pay a specified amount to the Municipal 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 management facilities and best management practices are to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the Municipal Engineer. After that period of time, inspections will be performed at the expense of the Municipality.
(2) 
If the stormwater management facilities and best management practices facility are to be owned and maintained by the Municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal Engineer will establish the estimated costs utilizing information submitted by the applicant.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.
B. 
If a stormwater management facilities and/or best management practices facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the municipality may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
A. 
All plans shall include a plan note stating that the municipality shall have the right to enter private property to inspect and repair, if necessary, any stormwater management facility.
B. 
All plans shall note that the stormwater management facilities are a permanent part of the development and shall not be removed, altered, or modified.