The applicant shall provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater management site plan and this chapter equal to the full construction cost of the required controls plus construction contingency and construction inspection costs.
A. 
The stormwater management site 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 insure proper operation of the BMPs and shall be subject to review and approval of the Borough.
B. 
The BMP O&M for the development site 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 Borough, stormwater control facilities may also be dedicated to and maintained by the Borough, if accepted by the Borough.
(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.
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 statement, signed by the facility owner, acknowledging that the stormwater facilities and BMPs are fixtures that can be altered or removed only after approval by the Borough.
D. 
Facilities, areas, or structures used as BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
E. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
F. 
The governing body, upon recommendation of the Borough Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management site plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls. The right of the Borough to accept ownership in the future shall be stated in the maintenance agreement (refer to § 158-40).
G. 
The Borough 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 (such as a homeowner's association) fails to honor their maintenance responsibilities set forth in the O&M plan, in any manner, Perkasie Borough shall have the right of entry upon and within the area of the easement 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 Perkasie Borough. Failure to remedy all associated costs described above, may be subject of the imposition of a lien by the Borough against the owner(s) in question, in the same manner as the Borough might otherwise be empowered by law to assess or impose a lien against a property for municipal improvements.
A. 
Prior to final approval of the site's stormwater management site plan, the applicant shall sign and record an O&M agreement prepared and approved by the Borough 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 E of this chapter.
(1) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
(2) 
The owner shall convey to the Borough conservation easements to assure access for periodic inspections by the Borough and maintenance, as necessary.
(3) 
The owner shall keep on file with the Borough the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the Borough within 10 working days of the change.
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 Borough.
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 Borough 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 § 158-38.
A. 
Stormwater management easements shall be granted by the property owner as necessary to provide for:
(1) 
Access to the property by the Borough 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.
B. 
Stormwater management/BMP facilities easements are required for all areas used for off-site stormwater control, unless a waiver is granted by Borough Council.
C. 
All easements shall be recorded with the Bucks County Recorder of Deeds prior to final stormwater management site plan approval, 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 or land development shall define the ownership and maintenance responsibilities as well as access rights for all drainage related easements. Specifically, the record plan shall contain a provision permitting access to such easement(s), at any reasonable time, for inspection and/or emergency repair/maintenance, by Perkasie Borough or its designee, of all facilities deemed critical to public welfare.
A. 
If stormwater management/BMP facilities are accepted by the Borough for dedication, persons installing stormwater management/BMP facilities shall be required to pay a specified amount to the Borough Stormwater 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 facilities are to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of Borough Council.
B. 
If a stormwater management/BMP facility is proposed that also serves as a recreation facility (e.g., ball field, pond), the Borough 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 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.
D. 
A financial deposit to the Borough Stormwater Maintenance Fund shall be required to be paid by the developer to help defray costs of periodic inspections and maintenance expenses associated with all stormwater management facilities, storm sewer, culverts, or other such improvements required by PennDOT, to be constructed within the right-of-way of public roadways or easement areas, that are to be maintained after dedication by the Borough. The deposit shall cover the estimated cost for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated cost upon review of information submitted by the applicant. The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of Borough Council.
A. 
Stormwater management BMPs should be inspected for proper operation by the landowner, or the owner's designee (including Perkasie Borough for dedicated and owned facilities), on the following basis:
(1) 
Twelve months after completion of the facility and acceptance of completion of the facility by the Borough and annually for the first five years;
(2) 
At least once every two 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. 
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Borough within 30 days following completion of the inspection.