A.
The Hamilton Township Supervisors shall make the final determination
on the ownership and maintenance responsibilities of required stormwater
BMPs prior to final approval of the SWM site plan. The Hamilton Township
Supervisors may require a dedication of such facilities as part of
the requirements for approval of the SWM site plan. Hamilton Township
shall not be obligated to accept the facilities if offered for dedication.
The Hamilton Township Supervisors reserves the right to accept or
reject the ownership, maintenance, and operating responsibility for
any portion of the stormwater management facilities and controls.
B.
If the Hamilton Township Supervisors accepts dedication of any or
all stormwater management facilities associated with a project, Hamilton
Township shall operate and maintain said facilities in accordance
with the approved O&M plan.
C.
If the Hamilton Township Supervisors do not accept dedication of some or all of the stormwater management facilities associated with a project, the property owner shall sign an O&M agreement in accordance with § 117-35 of this chapter to ensure that the property owner will maintain the stormwater BMPs in accordance with the approved O&M plan. Hamilton Township shall not approve the SWM site plan before the owner signs the O&M agreement.
An operation and maintenance (O&M) plan shall be included
as a component of all SWM site plan submissions and shall include
the following:
A.
Long-term ownership responsibilities.
B.
Continuing maintenance responsibilities, including schedules and
estimated costs for maintenance activities. This component shall include
all information necessary to ensure that the stormwater BMPs will
continually operate within the design parameters of the given facility.
A.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an O&M agreement binding the property owner
to conduct all maintenance and inspection activities identified in
the approved O&M plan for proposed stormwater BMPs.
(1)
The property owner, heirs, successors and assigns shall maintain
all facilities in accordance with the approved maintenance schedule
in the O&M plan.
(2)
The property owner shall provide to Hamilton Township easements to
ensure access for periodic inspections and maintenance by Hamilton
Township, as necessary.
(3)
The property owner shall keep on file with Hamilton Township the
name, address, and telephone number of the person or company responsible
for maintenance activities. In the event of a change, new information
shall be submitted by the property owner to Hamilton Township within
10 working days of the change.
(4)
The O&M agreement shall be recorded with the Adams County Recorder
of Deeds.
B.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the O&M agreement or the
O&M plan, Hamilton Township may perform the services required
and charge the owner appropriate fees. Nonpayment of fees, costs and
other expenses incurred in the performance of services required may
result in a municipal lien against the property.
For SWM site plans submitted as a component of a subdivision
and/or land development plan, the property owner or developer shall
provide a financial guarantee to Hamilton Township for the timely
installation and proper construction of all stormwater management
controls as required by the approved SWM site plan and this chapter
in accordance with the completion of improvements requirements of
the Hamilton Township Subdivision and Land Development Ordinance and
the provisions of Sections 509 through 511 of the Pennsylvania Municipalities
Planning Code.[1]
