A. 
For subdivisions and land developments, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as:
(1) 
Required by the approved drainage plan equal to or greater than the full construction cost of the required controls; or
(2) 
The amount and method of payment provided for in the SALDO.
B. 
For other regulated activities, the Township may require a financial guarantee from the applicant.
A. 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of a stormwater control and BMP operations and maintenance plan that describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated and maintained.
B. 
The following items shall be included in the stormwater control and BMP operations and maintenance plan:
(1) 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County, shall be submitted. The contents of the maps(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of permanent stormwater controls and BMPs;
(b) 
The location of the project site relative to highways, municipal boundaries, or other identifiable landmarks;
(c) 
Existing and final contours at intervals of two feet;
(d) 
Existing streams, lakes, ponds, or other bodies of water within the project site area, and within 50 feet of property lines of the project site;
(e) 
Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
(f) 
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;
(g) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
(h) 
Proposed final structures, roads, paved areas, and buildings; and
(i) 
A fifteen-foot wide access easement around all stormwater controls and BMPs that would provide ingress to and egress from a public right-of-way.
(2) 
A description of how each permanent stormwater control and BMP will be operated and maintained, and the identity and contact information associated with the person(s) responsible for operations and maintenance;
(3) 
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and
(4) 
A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the Township.
C. 
The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:
(1) 
If a plan includes structures or lots that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the Township, stormwater controls and BMPs may also be dedicated to and maintained by the Township;
(2) 
If a plan includes operations and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater controls and BMPs shall be the responsibility of the owner or private management entity.
D. 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
A. 
The Township shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this Part 1 and any permits issued by DEP.
B. 
The Township shall notify the applicant in writing whether or not the stormwater control and BMP operations and maintenance plan is approved.
C. 
The Township shall require a record drawing of all stormwater controls and BMPs and an explanation of any discrepancies with the operations and maintenance plan. This requirement may be waived by the Board of Commissioners upon recommendation by the Planning Commission and Township Engineer.
A. 
The applicant shall sign an operations and maintenance agreement with the Township covering all stormwater controls and BMPs that are to be privately owned. The maintenance agreement shall be transferred with transfer of ownership. The agreement shall be substantially the same as the agreement in Appendix H of this Part 1.[1]
[1]
Editor's Note: Appendix H is included as an attachment to this chapter.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the Township.
A. 
Stormwater management easements are required for all areas used for off-site stormwater control.
B. 
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 458-35.
A. 
Prior to final approval of the site's drainage plan, the applicant shall sign and record the maintenance agreement contained in Appendix G[1] which is attached and made part hereof covering all stormwater control facilities that are to be privately owned.
[1]
Editor's Note: Appendix G 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 maintenance agreement shall be subject to the review and approval of the Township Solicitor and Board of Commissioners.
A. 
The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed, or implemented, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Berks County, within 15 days of approval of the stormwater control and BMP operations and maintenance plan by the Township:
(1) 
The operations and maintenance plan, or a summary thereof;
(2) 
Operations and maintenance agreements under § 458-35; and
(3) 
Easements under § 458-36.
B. 
The Township may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this section.
A. 
Persons or homeowners associations installing stormwater controls or BMPs may be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined by the Board of Commissioners based on the recommendation by the Planning Commission and Township Engineer.
B. 
If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational purpose.
C. 
If at some future time, a stormwater control or BMP (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. Any additional costs related to the abandonment shall be paid by the applicant.
D. 
If stormwater controls or BMPs are accepted by the Township for dedication, the Township may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) 
The amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Township.
E. 
The Township may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long term maintenance of stormwater controls and BMPs.
F. 
The Township may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater related problems that may arise from the land development and earth disturbance.