A. 
The applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this chapter, equal to 110% of the full construction cost of the required controls, in accordance with the Municipalities Planning Code.
B. 
At the completion of the project and as a prerequisite for the release of the financial guarantee, the applicant shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor or other qualified person, verifying that all permanent facilities have been constructed according to the SWM site plan and report and approved revisions thereto.
(2) 
Provide a set of record drawings.
(3) 
Request a final inspection from the Township to certify compliance with this chapter, after receipt of the certification of completion and record drawings by the Township.
A. 
The SWM site plan and report for the project site shall describe the future operation and maintenance responsibilities. The operation and maintenance description shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater control facilities.
B. 
The SWM site plan and report for the project site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principals or a combination thereof:
(1) 
If a development consists of structures or lots that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the Township, stormwater control facilities/BMPs may 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 stormwater control facilities/BMPs shall be the responsibility of the owner or private management entity.
(3) 
Facilities, areas, or structures used as stormwater BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.
(4) 
The SWM site plan and maintenance agreement shall be recorded as a restrictive deed covenant that runs with the land.
(5) 
The Township may take enforcement actions against an applicant or private management entity for failure to satisfy any provision of this chapter.
C. 
The Township, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities and an inspection cost estimation for escrow prior to final approval of the SWM site plan and report. The Township may require a dedication of such facilities as part of the requirements for approval of the SWM site plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
D. 
If the Township accepts ownership of stormwater BMPs, the Township may, at its discretion, require a fee from the applicant to the Township to offset the future cost of inspections, operations, and maintenance based on a recommendation by the Township Engineer.
E. 
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM site plan, or to allow the property to remain in a condition which does not conform to an approved SWM site plan, unless the Township grants an exception in writing.
A. 
Prior to final approval of the SWM site plan and report, the applicant shall sign the operation and maintenance (O&M) agreement (Appendix A)[1] covering all stormwater control facilities that are to be privately owned. The operation and maintenance (O&M) agreement shall be recorded with the SWM site plan and made a part hereto.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Other items may be included in the operation and maintenance (O&M) agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities. The operation and maintenance (O&M) agreement shall be subject to the review and recommended approval of the Township Solicitor and Township Engineer to the Township.
C. 
The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the operation and maintenance (O&M) agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Fairview Township 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 periodic inspections performed by Fairview Township for a period of 10 years, as estimated by the Municipal Engineer. After that period of time, a revised estimate based on the costs of inspection will be performed, and the expense and the new ten-year account amount will be determined and paid by the other party.
(2) 
If the storage facility is to be owned and maintained by Fairview Township, 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 or other appropriate sources.
(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, in the future, 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 system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.