[Ord. 3-2016, 10/13/2016]
The Township of Canton may require the submittal of a letter of credit or cash bond prior to issuance of a permit in order to insure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security shall be the total estimated construction cost of the stormwater management practices approved under the permit, plus 10%. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The installation performance security shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this chapter. The Township of Canton will make a final inspection of the stormwater practice to ensure that it is in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro-rata release of the performance security based on the completion of various development stages can be done by the Township of Canton.
[Ord. 3-2016, 10/13/2016]
1. 
The project plan required under this chapter shall contain an operation and maintenance plan prepared by the applicant and approved by the Township Engineer. The operation and maintenance plan shall describe required routine maintenance actions and schedules necessary to ensure proper operation of the BMPs.
2. 
The project plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed residential stormwater BMPs, consistent with the following principles:
A. 
If a development project consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Township of Canton, stormwater BMPs may also be dedicated to and maintained by the Township of Canton.
B. 
If a development project is to be maintained in a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
3. 
The Board of Supervisors, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the project plan. The Board of Supervisors reserves the right to accept or reject the ownership and operating responsibility for any or all of the stormwater BMPs.
[Ord. 3-2016, 10/13/2016]
In cases where permanent control facilities are owned by a private entity, such as a homeowners' association, such entity shall be responsible for maintenance thereof. In this case, a legally binding agreement between the entity and Canton Township shall be made providing for maintenance of all permanent control facilities and allowing inspection by Canton Township of all such facilities deemed critical to the public welfare at any reasonable time.
[Ord. 3-2016, 10/13/2016]
1. 
When stormwater management control measures are located on an individual lot, and when they are the responsibility of that landowner to maintain, a description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
2. 
If Canton Township determines at any time that any permanent stormwater management control facility has been eliminated, altered or improperly maintained, the owner of the property shall be advised of corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner, Canton Township may cause the work to be done, file a municipal claim or lien against the property or institute an action in assumpsit against the property owner to collect all costs, i.e., contractor's work, administrative costs, filing fees and interest at 6% on the unpaid balance.