A. 
For subdivisions and land developments, the applicant shall provide a financial performance guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved drainage plan in the amount and method of payment provided for in Chapter 355, Subdivision and Land Development.
B. 
For other regulated activities, the Township may require a financial guarantee from the applicant in an amount equal to 110% of the estimated construction cost of the stormwater management controls as required by the approved drainage plan.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant or his representatives shall:
(1) 
Provide a certification from a design professional verifying that the inspections have been made and that the construction has been completed according to the approved plans and specifications, and approved revisions thereto.
(2) 
Submit testing results, such as for the compaction of an earthen berm, as may be required by the Township.
(3) 
Provide a set of record drawings.
D. 
After the Township receives the certification, a final inspection shall be conducted by the Township Engineer or designee to verify compliance with this chapter.
A. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Township. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater management facilities. Stormwater management facilities shall be maintained in accordance with the Stormwater Management Conveyance Facilities and BMP Inspection Checklist in Appendix H.[1]
[1]
Editor's Note: Appendix H is included as an attachment to this chapter.
B. 
The drainage plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater management facilities, consistent with the following principles:
(1) 
If a development consists of structures or lots which are to be separately owned and in which streets, sewers or other public improvements or other public improvements are to be offered for dedication to the Township, stormwater management facilities may also be offered for dedication to the Township; however, the Township is not obligated to accept ownership.
(2) 
If a development site is to be maintained in a single ownership, or if streets, sewers or other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater management facilities shall be the responsibility of the property applicant, owner or private management facility, as approved by the Township.
(3) 
If the ownership and/or responsibility for maintenance of the stormwater management facilities is to be assigned or delegated to a homeowners' association, condominium unit owners' association or similar entity ("transferee"), such transferee shall enter into an agreement with the Township, which shall be in the form and substance acceptable to the Township, acknowledging and agreeing to its responsibilities to perform all maintenance of the stormwater management facilities, according to the Stormwater Management Facilities Maintenance Agreement in Appendix A.[2] If such transferee fails to maintain the stormwater management facilities, the Township shall have the same rights granted to municipalities under Section 705 of the Pennsylvania Municipalities Planning Code, as amended,[3] with reference to maintenance of common open space, to maintain the stormwater management facilities.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See 53 P.S. § 10705.
C. 
The Township, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to approval of the drainage plan. The Township reserves the right, but not the obligation, to accept the ownership and operating responsibility for any or all of the stormwater management facilities.
A. 
Prior to approval of the site's drainage plan, the applicant shall sign and record the maintenance agreement contained in Appendix A which is attached and made part hereof, covering all stormwater control facilities that are to be privately owned.
B. 
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 Township.
A. 
For stormwater basins which will be owned by a homeowners' association, condominium unit owners' association or similar entity, or by the owner of an individual lot which contains a basin to manage stormwater from other lots or properties, or for stormwater basins for which ownership will be transferred to the Township, a nonrefundable deposit to the Municipal Stormwater Maintenance Fund will be required to cover the cost of inspections and long-term maintenance. The amount of the deposit shall be determined as follows:
(1) 
The amount of the deposit to the fund shall be established by the fee schedule adopted by the Township.
(2) 
Inspections. The amount of the deposit shall cover the estimated cost of biannual inspections for 10 years, based on the fee schedule.
(3) 
Long-term maintenance. The amount of the deposit shall also cover the estimated cost of long-term major maintenance, based on the fee schedule.
B. 
The long-term maintenance portion of the deposit shall be for the repair of major damage, such as serious washouts, failure of the berm or outlet(s), spillway restoration, settlement or subsidence damage, and similar major items in case the owner is unable to make such repairs as required by the maintenance agreement, and the damage poses a public hazard or nuisance. This deposit does not cover routine maintenance, including mowing, brush cutting, reseeding, fertilizing, repair of minor erosion, minor repair of the fence and gate, etc. which shall be the responsibility of the owner of the basin.
C. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
D. 
If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facilities, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid shall remain in the Municipal Stormwater Maintenance Fund.