[Ord. 2012-144, 8/9/2012, § 501]
1. Cumberland Township shall make the final determination on the continuing
operation and maintenance responsibilities prior to final approval
of the SWM site plan. Cumberland Township may require a dedication
of such facilities as part of the requirements for approval of the
SWM site plan. Cumberland Township shall not be obligated to accept
the facilities if offered for dedication. Cumberland Township reserves
the right to accept or reject the ownership, maintenance, and operating
responsibility for any portion of the stormwater management facilities
and controls.
2. If Cumberland Township accepts dedication of any or all stormwater
management facilities associated with a project, Cumberland Township
shall operate and maintain said facilities in accordance with the
approved O&M plan.
3. If Cumberland Township does not accept dedication of some or all of the stormwater management facilities associated with a project, the property owner shall execute and record an O&M agreement in accordance with §
20-502 of this chapter. The Township shall not approve the SWM site plan before the owner executes the O&M agreement.
[Ord. 2012-144, 8/9/2012, § 502]
1. Prior to final approval of the SWM site plan, or for any projects
which propose or are required to construct structural BMPs, the property
owner shall sign, have notarized and ready for recordation an O&M
agreement binding the property owner to conduct all maintenance activities
identified in the approved O&M plan for all stormwater control
facilities which are to be privately owned. The O&M agreement
shall contain provisions including, but not limited to, the following:
A. The property owner, heirs, successors and assigns shall maintain
all facilities in accordance with the approved maintenance schedule
in the O&M plan.
B. The property owner shall provide to Cumberland Township easements
to ensure access for periodic inspections and maintenance by Cumberland
Township, as necessary.
C. The property owner shall keep on file with Cumberland 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 Cumberland Township within
10 working days of the change.
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The applicant shall submit the O&M agreement ready for recordation
to Cumberland Township, and after final approval of the SWM site plan,
Cumberland Township shall cause the O&M agreement to be recorded
with the Adams County Recorder of Deeds.
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2. The owner is responsible for operation and maintenance of the SWM
BMPs. If the owner fails to adhere to the O&M agreement or the
O&M plan, Cumberland 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.
[Ord. 2012-144, 8/9/2012, § 503]
1. 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 Cumberland 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 Cumberland Township Subdivision and Land Development Ordinance [Chapter
22] and the provisions of §§ 509 through 511 of the Pennsylvania Municipalities Planning Code.
2. For Stormwater Management Site Plans That Are Not Submitted as Part
of a Subdivision and Land Development Plan. The work and installation
of BMP's must be completed and inspected by the Building Permit
Officer or Township Engineer prior to receipt of a use and occupancy
permit. In the instance where the work does not involve any improvements
which will require a use and occupancy permit, Cumberland Township
may require financial security in accordance with the procedure outlined
above in this section.