[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[1]) 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.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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.