Township of Muhlenberg, PA Article VII Maintenance Responsibilities

§ 297-31 Performance guarantee.

A. For subdivisions and land developments the applicant shall provide a financial guarantee to the Township of Muhlenberg for the timely installation and proper construction of all stormwater management controls as:

(1) Required by the approved drainage plan equal to or greater than the full construction cost of the required controls; or

(2) In the amount and method of payment provided for in Chapter 310, Subdivision and Land Development, of this Code.

B. For other regulated activities, the Township of Muhlenberg may require a financial guarantee from the applicant.

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 of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(2) Provide a set of record drawings.

D. After the Township of Muhlenberg receives the certification, a final inspection shall be conducted by the Township Engineer or designee to certify compliance with this chapter.

§ 297-32 Adherence to maintenance plan required.

It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.

§ 297-33 Operations and maintenance agreement for privately owned controls and BMPs.

A. The property owner shall sign an operations and maintenance agreement with the Township of Muhlenberg covering all stormwater controls and BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix A of this chapter.[1]

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

B. Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the Township of Muhlenberg.

§ 297-34 Stormwater management easements.

A. Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Commissioners of the Township of Muhlenberg with recommendation by the Planning Commission.

B. Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or preservation of stormwater runoff conveyance, infiltration and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 297-35.

§ 297-35 Recording of approved operations and maintenance plan and related agreements.

A. The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Berks County within 15 days of approval of the stormwater control and BMP operations plan by the Commissioners of the Township of Muhlenberg:

(1) The operations and maintenance plan, or a summary thereof;

(2) Operations and maintenance agreements under § 297-33; and

(3) Easements under § 297-34.

B. The Commissioners of the Township of Muhlenberg may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.

§ 297-36 Municipal stormwater control and BMP operation and maintenance fund.

A. Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and 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 stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Township of Muhlenberg for a period of 10 years, as estimated by the Township Engineer. After that period of time, inspections will be performed at the expense of the Township of Muhlenberg.

(2) If the stormwater control or BMP is to be owned and maintained by the Township of Muhlenberg, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Township Engineer will establish the estimated costs 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 Township Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Commissioners of the Township of Muhlenberg.

B. If a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Commissioners of the Township of Muhlenberg may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.

C. If at some future time a stormwater control or BMP (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.

D. If stormwater controls or BMPs are accepted by the Commissioners of the Township of Muhlenberg for dedication, the Commissioners of the Township of Muhlenberg may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(1) If the stormwater control or BMP is to be owned and maintained by the Township of Muhlenberg, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Commissioners of the Township of Muhlenberg.

(2) The amount shall then be converted to present worth of the annual series values.

E. Long-term maintenance. The Commissioners of the Township of Muhlenberg shall require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover long-term maintenance of stormwater control and best management practices.

F. Stormwater-related problems. The Commissioners of the Township of Muhlenberg may require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover stormwater-related problems which may arise from the land development and earth disturbance. The Township Engineer will establish the estimated cost, utilizing information submitted by the applicant.