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.
Provide a certification of completion from an
engineer, architect, surveyor or other qualified professional, verifying
that all permanent facilities have been constructed according to the
SWM site plan and report and approved revisions thereto.
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.
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.
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 principles:
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.
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.
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.
The Township, upon recommendation of the Township Engineer,
shall make the final determination on the continuing maintenance responsibilities
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.
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.
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.
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.
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
approval of the Township and the Municipal Solicitor.
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.