Township of Robinson, PA Article IX Maintenance Responsibilities

§ 369-34 Financial guarantee.

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.[1] Financial guarantees as required by this chapter shall be provided in the form of:

(1) Bonds;

(2) Escrow accounts; or

(3) Irrevocable letters of credit.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

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.

§ 369-35 Maintenance responsibilities.

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 operating and maintenance of all proposed stormwater control facilities, consistent with the following principals:

(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 that are located within the road right-of-way. All stormwater facilities located outside the road right-of-way must be owned and maintained by the developer or private management entity, including all detention basins and infiltration BMPs.

(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 conservation easements held by Robinson Township that run with the land.

(4) The SWM site plan and report shall be recorded as a restrictive deed covenant that runs with the land.

(5) The Township may take enforcement actions against an applicant 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 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.

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.

§ 369-36 Maintenance agreement for privately owned stormwater facilities.

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) The Township is exempt from the requirement to sign and record an operation and maintenance (O&M) agreement.

[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 approval of the Township and the Township Solicitor.

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.

D. If the stormwater BMPs remain private, the Township may, at its discretion, require a fee from the applicant to the Township to offset the future cost of annual inspections.

E. 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 easement 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.