The applicant shall provide a financial guarantee to the municipality 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; in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511.
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 ensure proper operation of the BMPs and shall be subject to review and approval of the Township.
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, sewers, and other public improvements are to be dedicated to the municipality, stormwater control facilities may also be dedicated to and maintained by the municipality, if accepted by the municipality.
(2) 
If a development 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.
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 municipality.
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. 
Stormwater management BMPs, operation and maintenance plans, and agreements shall be recorded as restrictive deed covenants that run with the land.
F. 
The governing body, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management 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 Township to accept ownership in the future shall be stated in the maintenance agreement (refer to § 352-45).
A. 
Prior to final approval of the stormwater management site plan, the applicant shall sign and record a maintenance agreement approved by the Township Solicitor covering all stormwater control facilities that are to be privately owned. A sample agreement is contained in Appendix F of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
C. 
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
D. 
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.
E. 
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 review and approval of the Township.
F. 
The owner is responsible for the O&M of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
A. 
Stormwater management easements shall be provided by the property owner if necessary for 1) access for facility inspections and maintenance, or 2) preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event. The purpose of the easement shall be specified in the maintenance agreement signed by the property owner.
B. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.
C. 
Easements shall be recorded with the Bucks County Recorder of Deeds prior to issuance of a building permit or recordation of a subdivision or land development plan.
A. 
If stormwater BMPs are accepted by the Township for dedication, persons installing stormwater BMPs 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 cover the estimated costs for BMP maintenance, and inspections required pursuant to § 352-48 for 10 years. The Township Engineer will establish the estimated costs upon review of information submitted by the applicant.
B. 
If stormwater BMPs are to be privately owned and maintained, the applicant shall pay an amount to the Township Stormwater Maintenance Fund, as established by separate resolution, to help defray the costs of periodic inspection by the Township.
C. 
A financial deposit to the Township Stormwater Management 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 sewers, culverts, and other such improvements to be constructed within the right-of-way of public roadways, that are to be maintained by the Township after dedication. The deposit shall cover the estimated cost for maintenance and inspections for 10 years.
D. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, pond), the municipality 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.
A. 
The landowner or the owner's designee (including the municipality for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years.
(2) 
At least once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm event.
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 municipality within 30 days following completion of the inspection.