A. 
For all subdivision and land developments, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management facilities and BMPs as required by the approved stormwater management plan and this chapter equal to the full construction cost of the required controls plus construction contingency and construction administration/inspection costs, which amount shall be calculated by the Township Engineer.
B. 
For all regulated activities which are not a subdivision or land development and for which the Township has approved a stormwater management site plan or simplified stormwater management site plan and issued a grading and excavating (aka soil erosion and sedimentation control) permit and/or other building permit in connection therewith, the applicant shall provide a financial guarantee representing the Township's projected administration/inspections costs related to such regulated activities in accordance with the Township's fee schedule. (See § 198-35 of this chapter.) In the event that the regulated activities and related stormwater management improvements are not completed in accordance with the approved stormwater management plan and permits issued, or are not completed in accordance with all applicable requirements of this chapter prior to expiration of the permit(s), as defined in § 198-25G of this chapter or other applicable Township codes (under which a permit is issued), and have not otherwise been previously extended by the Township in its discretion upon written request by the applicant citing the reason(s) necessitating the extension request, the financial guarantee provided hereunder shall be forfeited by the applicant.
A. 
The stormwater management plan for the development site shall contain a BMP operation and maintenance plan (BMP O&M) prepared by the design engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the BMPs and shall be subject to review and approval of the Township. For subdivisions and/or land developments, the Township Council upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management site plan.
B. 
The BMP O&M plan shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principles:
(1) 
If a development consists of structures or lots that are to be separately owned and in which streets, storm sewers, and other stormwater management public improvements are to be dedicated to the Township, stormwater control facilities may also be dedicated to and maintained by the Township, if accepted by the Township.
(2) 
If a development site is to be maintained in a single ownership or if storm sewers and other stormwater management improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities shall be the responsibility of the owner or private management entity (e.g., homeowners' association) or individual lot owner.
C. 
The stormwater facility and BMP O&M plan shall include the following:
(1) 
Description of how each stormwater facility and BMP will be operated and maintained, and the identity and contact information associated with the person(s) responsible for O&M.
(2) 
Name of the project site, name and address of the owner of the property, and name of the individual or firm preparing the plan.
(3) 
A certification statement, signed by the property owner, acknowledging that stormwater management facilities and BMPs are permanent fixtures that cannot be altered or removed and that any revision to the approved stormwater management facilities and BMPs and stormwater management plan must be approved by Middletown Township through the submission of a revised stormwater management plan.
D. 
Facilities, areas, or structures used as BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.
E. 
If the stormwater management facilities and BMPs are to be privately owned, an operation and maintenance agreement that provides the maintenance and cost sharing among the affected property owners, consistent with the O&M plan, shall be recorded against every affected property as a restrictive deed covenant that runs with the land.
F. 
The governing body shall have the right to require dedication of any or all of the stormwater management controls. The right of the Township to require dedication in the future shall be stated in the maintenance agreement. (Refer to § 198-40.)
G. 
The Township may take enforcement actions against an owner for any failure to satisfy the provision of this chapter.
H. 
In the event a property owner or other entity responsible for maintenance (e.g., homeowners' association) fails to honor their maintenance responsibilities set forth in the O&M plan, in any manner, Middletown Township shall have the right of entry upon and within the area of the easement (or area of BMP and access to stormwater BMPs as defined by the recorded declaration of covenants and restrictions) to undertake any required corrective or maintenance effort. The total cost of such, including administrative, engineering, and legal costs for enforcement, may be imposed upon the responsible party as determined by the O&M agreement. Failure to remedy all associated costs described above may be subject of the imposition of a lien by the Township against the property(s) in question, in the same manner as the Township might otherwise be empowered by law to assess or impose a lien against a property for municipal improvements.
A. 
The Township shall review the stormwater facilities and BMP O&M plan for consistency with the purposes and requirements of this chapter and any permits issued by PADEP.
B. 
The Township shall notify the applicant, in writing, whether the stormwater facility and BMP O&M plan is approved.
A. 
Prior to final approval of the site's stormwater management plan, the applicant shall sign and record an O&M agreement prepared and approved by the Township Solicitor covering all stormwater control facilities that are to be privately owned. The form and substance of the agreement shall be consistent with the agreement in Appendix D of this chapter.[1] The signed O&M agreement shall be recorded against every affected property as a restrictive deed covenant that runs with the land.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The O&M agreement shall be subject to review and approval of the Township.
C. 
The owner is responsible for the O&M of the SWM BMPs. If the owner fails to adhere to the 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 as described in § 198-38.
A. 
Stormwater management easements shall be granted by the property owner as necessary to provide for:
(1) 
Access to the property by the Township for facility inspections and emergency maintenance.
(2) 
Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event and those structures and surface features (e.g., embankments) containing the 100-year storm event.
B. 
Stormwater management/BMP facilities easements are required for all areas used for off-site stormwater control, unless a waiver is granted by Middletown Township Council.
C. 
All easements shall be recorded with the Delaware County Recorder of Deeds prior to issuance of a building permit or recordation of a subdivision or land development plan.
D. 
The purpose of any easement shall be specified in the O&M Agreement signed by the property owner.
E. 
The record plan and development agreement for an approved subdivision and/or land development shall define the ownership and maintenance responsibilities as well as access rights for all drainage-related easements and stormwater management facilities/BMPs. Specifically, the record plan shall contain a provision permitting access to such easement(s) and facility, at any reasonable time, for inspection and/or emergency repair/maintenance, by Middletown Township or its designee, of all facilities deemed critical to public welfare.
F. 
Nothing shall be permitted to be placed, planted, set or put within the area of an easement unless necessary for the purpose of the easement.
G. 
Easements shall be centered on or adjacent to rear or side lot lines to the maximum extent feasible.
H. 
Easements shall have a minimum width of 30 feet unless otherwise approved by the Township.
I. 
Where required by the Township, the applicant shall provide a method of physically delineating easements across private lots. Such method shall include shrubbery, trees, permanent markers or other method acceptable to the Township.
A. 
If stormwater management facilities/BMPs are accepted by the Township for dedication, the applicant shall pay a specified amount to the Township Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount shall be determined as follows:
(1) 
The amount shall include all estimated costs to inspect, maintain, and repair the facilities during a fifteen-year period, as calculated by the Township Engineer.
(2) 
The amount 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 Township Council.
B. 
If a stormwater management facility/BMP is proposed that also serves as a recreation facility (e.g., ball field, pond), the Township may, but is not required to, 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 management facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other stormwater management facility, the unused portion of any maintenance 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. 
For stormwater management facilities, storm sewer, culverts, or other such improvements required by PennDOT (to be constructed within the right-of-way of state highways or easement areas), for which Township Council agrees to long-term maintenance, the applicant shall pay a fee to the Township Stormwater Maintenance Fund. The fee shall cover the estimated cost for maintenance and inspections for 15 years. The Township Engineer will establish the estimated cost upon review of information submitted by the applicant. The amount of the fee 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 Township Council.
A. 
Stormwater management facilities and BMPs shall be inspected for proper operation by the owner of facilities as indicated on the O&M plan and agreement on the following basis:
(1) 
Twelve months after completion of the facility and acceptance of completion of the facility by the Township;
(2) 
At least once every three years thereafter;
(3) 
During or immediately after the cessation of a ten-year frequency or greater storm; and/or
(4) 
As specified in the operations and maintenance (O&M) agreement.
B. 
The entity conducting the inspection shall submit a report to Middletown Township summarizing observations of inspection and necessary repairs, if any.