Where the Board of Supervisors accepts dedication of all or some of the stormwater management facilities following completion, the Board of Supervisors shall require the posting of financial security to secure the structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan. The term of the financial security shall be 18 months from the date of acceptance of dedication, and the amount of financial security shall be 15% of the actual cost of installation of said improvements. The financial security shall be of the same type required in Article
V of the MPC with regard to installation of stormwater management facilities.
In cases where permanent maintenance of stormwater management
facilities is to be performed by a private entity, such as a homeowners'
association or a condominium unit owners' association, such entity
shall be responsible for the maintenance of such facilities and shall
enter into a legally binding agreement with the Township. Such agreement
shall provide the Township rights in accordance with § 705
of the Pennsylvania Municipalities Planning Code relating to the maintenance of common open space should
the private entity fail to adequately maintain the stormwater management
facilities.
Stormwater management facilities existing on the effective date of this chapter on individual lots which have not been accepted by the Township or for which maintenance responsibility has not been assumed by private entity such as a homeowners' association shall be maintained by the individual property owners. Such maintenance shall include, at a minimum, those items set forth in §
428-27 above. If the Township determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the Township may determine that such condition constitutes a nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the property owner does not take the required corrective action, the Township may either perform the work or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the property owner within 30 days, the Township may file a municipal claim against the property upon which the work was performed in accordance with applicable laws.
No person shall modify, remove, fill, landscape or alter stormwater
management facilities which may have been installed on a property
unless a stormwater management plan has been approved which authorizes
such modification, removal, filling, landscaping or alteration. No
person shall place any structure, fill, landscaping or vegetation
into a stormwater management facility or within a drainage easement
which will limit or alter the functioning of the facility or easement
in any manner.
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter, at reasonable times, upon any property,
within the Township, to investigate or ascertain the condition of
the subject property in regard to any aspect regulated by this chapter.
All land disturbance work shall be performed in accordance with
an inspection and construction control schedule approved by the Township
Engineer as part of the stormwater management plan. The Township Engineer
should be consulted for guidance regarding the timing and other details
of necessary inspections. No work shall proceed to a subsequent phase,
including the issuance of the certificate of occupancy, until inspected
and approved by the Township Engineer or his designee, who shall then
file a report thereon with the Township.
The timing and frequency of inspections of land disturbance
activities not related to the subdivision/land development process
shall be determined by the Township Engineer prior to final approval
of the stormwater management plan. Adherence to that schedule shall
be a condition of plan approval.