[Ord. 266, 7/11/2005, § 701]
The applicant should provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved East Branch Perkiomen Creek Stormwater Management Plan and this Chapter
25B equal to the full construction cost of the required controls.
[Ord. 266, 7/11/2005, § 702]
1. The drainage plan for the development site shall contain an operation
and maintenance plan prepared by the applicant and approved by the
municipal engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to insure
proper operation of the facility(ies).
2. The drainage plan for the development site shall establish responsibilities
for the continuing operating and maintenance of all proposed stormwater
control facilities, consistent with the following principals:
A. If a development 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 municipality, stormwater control facilities
may also be dedicated to and maintained by the municipality, however,
the designated owner(s) of the facility(ies) must be recorded on the
final development plan.
B. In the instance of developments which include public improvements
that are to be dedicated to the municipality, stormwater control facilities
may be owned and maintained by an appropriately established homeowners
association in lieu of municipal ownership/maintenance, however, the
designated owner(s) of the facility(ies) must be recorded on the final
development plan.
C. If a development site 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 control
facilities may be the responsibility of the owner or private management
entity, however, the designated owner(s) of the facility(ies) must
be recorded on the final development plan.
3. The municipality, upon recommendation of the municipal engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the drainage plan. The municipality reserves
the right to accept the ownership and operating responsibility for
any or all of the stormwater management controls.
[Ord. 266, 7/11/2005, § 703]
1. Prior to final approval of the site's stormwater management
plan, the applicant shall sign and record the maintenance agreement
contained in Appendix 25B-A which is attached and made part hereof,
covering all stormwater control facilities that are to be privately
owned.
2. Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to the review and approval of the municipality.
[Ord. 266, 7/11/2005, § 704]
1. Insofar as any regulated activity or a project exceeds the exemptions described in §
25B-402 of this Chapter
25B, persons installing stormwater management facilities and best management practices shall be required to pay a specified amount to the municipal stormwater maintenance fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
A. If the stormwater management facilities and best management practices
is to be privately owned and maintained, the deposit shall cover the
cost of periodic inspections performed by the municipality for a period
of 10 years, as estimated by the municipal engineer. After that period
of time, inspections will be performed at the expense of the municipality.
B. If the stormwater management facilities and best management practices
facility is to be owned and maintained by the municipality, the deposit
shall cover the estimated costs for maintenance and inspections for
10 years. The municipal engineer will establish the estimated costs
utilizing information submitted by the applicant.
C. The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The municipal engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
2. If a stormwater management facilities and/or best management practices
facility is proposed that also serves as a recreation facility (e.g.,
ballfield, lake), the municipality may reduce or waive the amount
of the maintenance fund deposit based upon the value of the land for
public recreation purpose.
[Ord. 266, 7/11/2005, § 705]
1. All plans shall include a plan note stating that the municipality
shall have the right to enter private property to inspect and repair,
if necessary, any stormwater management facility.
2. All plans shall note that the stormwater management facilities are
a permanent part of the development and shall not be removed, altered,
or modified.