The applicant shall provide a financial guarantee to the Township
for the timely installation and proper construction of all stormwater
management controls required by the approved stormwater plan and this
chapter equal to the full construction cost of the required controls.
A.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer 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).
B.
The stormwater management 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:
(1)
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 Township, stormwater control facilities should
also be dedicated to and maintained by the Township.
(2)
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 the stormwater
control facilities should be the responsibility of the owner or private
management entity.
C.
The governing body, upon recommendation of the Township Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The Township
reserves the right to accept the ownership and operating responsibility
for any or all of the stormwater management controls.
A.
Prior to final approval of the site stormwater management plan, the
property owner shall sign and record a maintenance agreement covering
all stormwater control facilities which are to be privately owned.
The agreement shall stipulate that:
(1)
The owner shall maintain all facilities in accordance with the approved
maintenance schedule and shall keep all facilities in a safe and attractive
manner.
(2)
The owner shall convey to the Township easements and or right-of-way
to assure access for periodic inspections by the Township and maintenance,
if required.
(3)
The owner shall keep on file with the Township the name, address
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted
to the Township within 10 days of the change.
(4)
If the owner fails to maintain the stormwater control facilities
following due notice by the Township to correct the problem(s), the
Township may perform the necessary maintenance work or corrective
work and the owner shall reimburse the Township for all costs.
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 Municipal
Solicitor and governing body.
A.
Persons installing stormwater storage facilities 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:
(1)
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of the periodic inspections and maintenance
performed by the Township for a period of five years, as estimated
by the Municipal Engineer and approved by the Township. After that
period of time, inspections will be performed at the expense of the
Township.
(2)
If the storage facility is to be owned and maintained by the Township,
the deposit shall cover the estimated costs for maintenance and inspections
for five years. The Municipal Engineer will establish the estimated
costs to be approved by the Township utilizing information submitted
by the applicant.
(3)
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.
B.
If a storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the Township may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purposes.
C.
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 facility, the unused portion of the maintenance fund deposit
will be applied to the cost of abandoning the facility and connecting
to the storm sewer or other facility. Any amount of the deposit remaining
after the costs of abandonment are paid will be returned to the depositor.
