[Ord. 8/12/1999, § 7.1]
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 drainage plan and this Part equal to the full construction cost of the required controls plus 15%. The purpose of the additional surety above the estimated construction cost is to cover the Township costs in the event of developer default since the Township would pay Pennsylvania prevailing wage rates by law. The surety amount shall be approved by the Township Engineer. In the event that the applicant is required to provide a financial guarantee for a subdivision or land development plan pursuant to Chapter 22, Subdivision and Land Development, then the financial guarantee required under this Part shall be included thereunder.
[Ord. 8/12/1999, § 7.2]
1.
The drainage plan for the development site shall contain an operation
and maintenance plan prepared by the developer and approved by the
Township Engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the facility(ies).
2.
The Township Supervisors, upon recommendation of the Township Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the drainage plan. The Township Supervisors
reserve the right to accept or reject, in their sole discretion, the
ownership and operating responsibility for any or all of the stormwater
management controls.
3.
The drainage plan for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed stormwater
control facilities consistent with the following principles:
A.
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, operation and maintenance of stormwater
control facilities should be the responsibility of the owner or private
management entity.
B.
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, the Township may, but shall not be
obligated to, require that the stormwater control facilities also
be dedicated to and maintained by the Township.
[Ord. 8/12/1999, § 7.3]
1.
Prior to final approval of the site drainage 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:
A.
The owner shall maintain all facilities in accordance with the approved
maintenance schedule and shall keep all facilities in a safe and attractive
manner.
B.
The owner shall convey to the Township such easements as are necessary
to provide access for it to perform periodic inspections and, should
it elect to do so pursuant to § 26-163(1)(D) below, necessary
maintenance and/or corrective work.
C.
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.
D.
If the owner fails to maintain the stormwater control facilities following due notice by the Township to correct the problem(s), the Township may, in its sole discretion, perform or cause to be performed the necessary maintenance work or corrective work and invoice the owner for all costs, and secure reimbursement from the deposit made under § 26-164 to the extent available. The owner shall pay any such invoice within 30 days following its receipt.
2.
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 Township
Solicitor and Board of Supervisors.
[Ord. 8/12/1999, § 7.4]
1.
Persons installing stormwater storage facilities shall be required
to pay a specified amount to the Township Stormwater Maintenance Fund
to help defray costs of periodic inspections and maintenance expenses.
The amount of the deposit shall be determined as follows:
A.
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections and maintenance
performed by the Township for a period of five years, as estimated
by the Township Engineer. After that period of time, inspections will
be performed at the expense of the Township, in its sole and absolute
discretion.
B.
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 Township Engineer will establish the estimated
costs utilizing information submitted by the applicant.
C.
The amount of the deposit to the fund shall be converted to present
worth. The Township Engineer shall determine the present worth equivalents
which shall be subject to the approval of the Board of Supervisors.
2.
If a storage facility is proposed that also serves as a recreation
facility (e.g., ball field, 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.
3.
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 system or other facility. Any amount of the deposit
remaining after the costs of abandonment are paid will be returned
to the depositor.
