Stormwater management controls and facilities as defined herein
include all structural and nonstructural stormwater conveyance and
management controls, including water quantity and quality best management
practices.
The applicant should provide a financial guarantee to the Township
for the timely installation and proper construction of all stormwater
management controls as required by the approved stormwater plan and
this chapter equal to the full construction cost of the required controls.
Prior to final approval of the stormwater management site plan,
the property owner shall sign and record a declaration of stormwater
access and maintenance easement (DSAME) covering all stormwater control
facilities that are to be privately owned. The DSAME shall contain
the following elements:
A. Name and address of the property owner.
B. Name of land development for which the DSAME is required.
C. Statement noting that, as a condition of approval, a DSAME is required.
D. Statement noting that the DSAME shall run in perpetuity with the
land.
E. Statement that the property owner create an easement for the purpose
of access to the stormwater facilities for ingress, egress, and regress.
F. Metes and bounds description of the stormwater access and maintenance
easement.
G. Statement that heirs and assigns of the owner, by accepting a deed
from the owner, agree to be subject to the conditions of the DSAME.
H. Statement that the stormwater easement shall be a permanent easement
and that the stormwater management facilities located within the easement
will be maintained by the owner, their heirs and assigns and shall
be responsible for repairs as may be required in accordance with the
approved stormwater easement maintenance plan.
I. The creation of the stormwater easement shall be deemed an agreement
by the owner to maintain the stormwater management facilities, with
all costs of maintenance to be the responsibility of the owner. The
agreement shall also state that no alteration of the facilities is
permitted without formal plan approval by DEP, the Centre County Conservation
District and the Township.
J. Statement noting that no structures are permitted within the easement
and that no grading that will adversely impact the function of stormwater
facilities within the easement.
K. A statement noting that no barriers, fences or other obstructions
that may impede stormwater flow are permitted.
L. A statement noting that the owner will be responsible for maintenance
of the easement, including mowing and annual upkeep.
M. Statement noting that in case any provisions contained in this DSAME
are for any reason declared invalid, that such invalidity shall not
affect any other provision hereof.
N. Statement that the owner, their heirs, successors, and assigns agree
to indemnify and hold harmless the Township, Centre County, and the
Township Engineer from any and all claims, costs, damages, and expenses
legally and reasonably incurred as a result of this DSAME and the
easements hereby created.
O. Statement noting the following: "The owner hereby acknowledges the
Township's right to access the stormwater easements to inspect
the stormwater management facilities. The owner also acknowledges
the Township's right, upon notice to the owner, to repair and/or
maintain the stormwater facilities in accordance with the stormwater
access and maintenance plan. All costs, including materials, labor,
engineering, and legal costs, of such repair or maintenance activities
shall be the sole responsibility of the owner." In the event of nonpayment
by the owner, the Township shall seek legal options for receipt of
payment, including placement of a municipal lien on the property.