[Ord. 2010-3, 12/16/2010, § 1]
1. The applicant shall provide a financial guarantee to Hummelstown
Borough for the timely installation and proper construction of all
stormwater management controls as required by the approved SWM site
plan and this Part, equal to 110% of the full construction cost of
the required controls in accordance with the Municipalities Planning
Code.
2. At the completion of the project and as a prerequisite for the release
of the financial guarantee, the applicant shall:
A. Provide a certification of completion from an engineer, architect,
surveyor or other qualified professional, verifying that all permanent
facilities have been constructed according to the SWM site plan and
report and approved revisions thereto.
B. Provide a set of record drawings.
C. Request a final inspection from Hummelstown Borough to certify compliance
with this Part, after receipt of the certification of completion and
record drawings by Hummelstown Borough.
[Ord. 2010-3, 12/16/2010, § 1]
1. 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.
2. The SWM site plan and report for the project site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
A. 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 Hummelstown Borough, stormwater control facilities/BMPs
may also be dedicated to and maintained by Hummelstown Borough.
B. If a development site is to be maintained in a single ownership or
if streets, 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.
C. Facilities, areas, or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as
deed restrictions or easements that run with the land.
D. The SWM site plan and operation and maintenance (O&M) agreement
shall be recorded as a restrictive deed covenant that runs with the
land.
E. Hummelstown Borough may take enforcement actions against an applicant
for failure to satisfy any provision of this Part.
3. Hummelstown Borough, upon recommendation of the Borough Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. Hummelstown
Borough 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 Hummelstown Borough will accept the facilities.
Hummelstown Borough reserves the right to accept or reject the ownership
and operating responsibility for any portion of the stormwater management
controls.
4. If Hummelstown Borough accepts ownership of stormwater BMPs, Hummelstown
Borough may, at its discretion, require a fee from the applicant to
Hummelstown Borough to offset the future cost of inspections, operations,
and maintenance.
5. 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 Hummelstown Borough grants an exception in writing.
[Ord. 2010-3, 12/16/2010, § 1]
1. Prior to final approval of the SWM site plan, the property owner
shall sign and record an operation and maintenance agreement (O&M
agreement) (See Appendix A) covering all stormwater control facilities which are
to be privately owned.
[Amended by Ord. No. 2022-4, 10/13/2022]
A. The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
B. The owner shall convey to the municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
C. The owner shall keep on file with the municipality 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 municipality within 10 working days of the change.
2. 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 Hummelstown Borough and the Borough Solicitor.
3. 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, Hummelstown Borough may perform the services
required and charge the owner appropriate fees. Non-payment of fees
may result in a lien against the property.