[Ord. No. 2023-1, 1/11/2023]
The applicant should 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 in an amount based on the provisions of and in accordance with § 612 of Chapter 22, Subdivision and Land Development.
[Ord. No. 2023-1, 1/11/2023]
1. 
The SWM site plan for the site of the regulated activity shall contain an operation and maintenance plan prepared by the applicant, reviewed by the Township Engineer and approved by the Township Planning Commission. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).
2. 
The SWM site plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principals:
A. 
If a site 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, stormwater control facilities may also be dedicated to and maintained by the Township.
B. 
If a 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 shall be the responsibility of the owner or private management entity.
3. 
The Township Board of Supervisors, 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. 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 Board of Supervisors reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
4. 
Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
5. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
6. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this Part.
[Ord. No. 2023-1, 1/11/2023]
1. 
Prior to final approval of the SWM site plan, the property owner shall sign and record a maintenance agreement (see Appendix A[1]) covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
A. 
The owner, successor and assigns 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 easements and/or rights-of-way to assure access for periodic inspections by the Township and maintenance, if required.
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, successor or assigns fails to maintain the stormwater control facilities following due notice by the Township to correct the problem(s), the Township may perform the necessary maintenance work or corrective work, and the owner shall reimburse the Township for all costs. Nonpayment of fees may result in a lien against the property.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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 Township Board of Supervisors.
[Ord. No. 2023-1, 1/11/2023]
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 performed by the Township 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.
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 10 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 the 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 Township Board of Supervisors.
2. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, 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 facilities, 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.
[Ord. No. 2023-1, 1/11/2023]
1. 
SWM BMPs should be inspected by the Township, or the Township's designee, according to the following list of minimum frequencies:
A. 
Annually for the first five years.
B. 
Once every two years thereafter.
C. 
Within 48 hours following the total release of water from the facility resulting from every ten-year-or-greater storm, or as may otherwise be directed by the Township.
D. 
At the conclusion of the 10th year.
2. 
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 repairs and improving performance, if applicable. Inspection reports shall be submitted to the municipality within 30 days following completion of the inspection.