[Ord. 2014-04, 4/28/2014, § 23-501]
Financial security for stormwater related improvements shall be supplied by the developer in conjunction with subdivision and/or land development approval in accordance with Chapter 22, "Subdivision and Land Development," or prior to unconditional approval of a stormwater management plan if no subdivision and/or land development plan is required. The applicant shall provide financial security to the Township to secure timely installation and proper construction of all stormwater management facilities as required by the approved stormwater management plan and this chapter in accordance with this Part and with the provisions of §§ 509, 510, and 511 of the MPC.
[Ord. 2014-04, 4/28/2014, § 23-502]
Where required, the applicant shall file with the Board of Supervisors
financial security in an amount sufficient to cover the costs of all
stormwater management facilities required by this chapter. Without
limitation as to other types of financial security which the Township
may approve, which approval shall not be unreasonably withheld, federal
or Commonwealth chartered lending institution irrevocable letters
of credit and restrictive or escrow accounts in such lending institutions
shall be deemed acceptable financial security. Such financial security
shall be posted with a federal or Commonwealth chartered lending institution
or surety chosen by the applicant provided said lending institution
or surety is authorized to conduct such business within the Commonwealth.
Such financial security shall provide for, and secure to the public,
completion of all stormwater management facilities within one year
of the date fixed on the final approved plan for such facilities.
The amount of financial security shall be equal to 110% of the cost
of the required facilities for which financial security is to be posted.
The cost of the facilities shall be established by submission to the
Board of Supervisors an estimate of the cost of completion of the
requirements, submitted by an applicant or applicant and prepared
by a professional engineer licensed as such in this Commonwealth and
certified by such engineer to be a fair and reasonable estimate of
such costs. If the applicant requires more than one year from the
date of posting of the financial security to complete the required
facilities, the amount of financial security may be increased by an
additional 10% for each one-year period beyond the first anniversary
date from posting of financial security or to an amount not exceeding
110% of the cost of completing the required facilities as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
[Ord. 2014-04, 4/28/2014, § 23-503]
In the case where development is projected over a period of
years, the Board of Supervisors may authorize submission of stormwater
management plan applications by section or stages of development subject
to such requirements or guarantees as to stormwater management facilities
in future sections or stages of development as it finds essential
for the protection of any finally approved section of the development.
[Ord. 2014-04, 4/28/2014, § 23-504]
As the work of installing the required stormwater management
facilities proceeds, the applicant may request the Township to release
or authorize the release of, from time to time, such portions of the
financial security. Any such requests shall be in writing identifying
the specific work completed and addressed to the Township. The Township
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, to the Township that
such portion of the work upon the facilities has been completed in
accordance with the approved plan. Upon such certification, the Township
shall authorize release by the lending institution or surety of an
amount as estimated by the Township Engineer fairly representing the
value of the facilities completed or, if the Township fails to act
within said forty-five-day period, the Township shall be deemed to
have approved the release of funds as requested. The Township may,
prior to final release at the time of completion and certification
by the Township Engineer, require retention of 10% of the estimated
cost of the aforesaid facilities.
[Ord. 2014-04, 4/28/2014, § 23-505]
1.
During the construction of the development, the Township Engineer
or other authorized Township official may inspect the premises to
determine that the work is progressing in compliance with the information
provided on the approved stormwater management plan and with all applicable
Township laws and ordinances.
2.
The cost for the conducting of inspections by the Township Engineer
or other authorized Township official shall be borne by the applicant
in accordance with the inspection fee adopted by resolution of the
Board of Supervisors.
3.
In the event the Township Engineer or authorized official discovers
that the work does not comply with the approved plan or any applicable
laws and ordinances, the Township shall suspend any existing zoning
permits related to the development until the required corrections
have been made. Any portion of the work which does not comply with
the approved plan must be corrected by the applicant within 10 days.
No work may proceed on any subsequent phase of the stormwater management
plan, the subdivision or land development, or the building construction,
until the related zoning permits have been reinstated.
4.
If at any stage of the work, the Township Engineer or authorized official determines that the soil or other conditions are not as stated or shown in the approved application, or that there has been a false statement or misrepresentation by the applicant, the Township Engineer or authorized official may refuse to approve further work and the Township may revoke existing zoning permits until a revised plan is submitted and approved, as required by § 23-702 of this chapter.
[Ord. 2014-04, 4/28/2014, § 23-506]
1.
When the applicant has completed all the required facilities and submitted record drawings in accordance with § 23-407, he shall notify the Township in writing by certified or registered mail, and shall send a copy of such notice to the Township Engineer. The Township shall, within 10 days after receipt of such notice, authorize the Township Engineer to inspect the required facilities. The Township Engineer shall promptly file a report, in writing, with the Township and shall mail a copy of the report to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization by the Township.
2.
Based on the report of the Township Engineer, the Township shall
indicate approval or rejection of the stormwater management facilities,
either in whole or in part; and if not approved, state reasons for
the rejection. The Township shall immediately notify the applicant,
in writing by certified or registered mail, of its actions.
3.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all stormwater
management facilities will be deemed to have been approved, and the
applicant shall be released from all liability, pursuant to its performance
guaranty bond, or other security agreement.
4.
If any portion of said improvements is not approved or is rejected
by the Township, the applicant shall proceed to complete the same
and, upon completion, the same procedure of notification outlined
herein shall be followed.
[Ord. 2014-04, 4/28/2014, § 23-507]
In the event any stormwater management facilities which may
be required have not been installed as provided in this chapter or
in accordance with the approved final plan, the Board of Supervisors
has the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the facilities covered by said security, the Board
of Supervisors may, at its option, install such facilities in all
or part of the development and may institute appropriate legal or
equitable action to recover the monies necessary to complete the remainder
of the facilities.
