[Ord. No. 337, 5/15/2024]
(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) in the amount and method of payment provided for in the Subdivision and Land Development Ordinance[1] in accordance with the provisions of Sections 509, 510 and 511 of the Pennsylvania Municipalities Planning Code.[2]
[1]
Editor's Note: See Ch. 27 of this Code.
[2]
Editor's Note: See, respectively, 53 P.S. §§ 10509, 10510 and 10511.
(b) 
For other regulated activities, the Township may require a financial guarantee from the applicant.
(c) 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant or his representatives shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built drawings.
(d) 
After the Township receives the certification, a final inspection shall be conducted by the Township or designee to certify compliance with this chapter.
[Ord. No. 337, 5/15/2024]
(a) 
It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.
(b) 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan. The Township may require a dedication of such facilities as part of the requirements for approval of the drainage plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
(c) 
Facilities, areas, or structures used as stormwater management facilities shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
(d) 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
(e) 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this Part.
[Ord. No. 337, 5/15/2024]
(a) 
Prior to final approval of the drainage plan or minor drainage plan, the property owner shall sign and record an operations and maintenance agreement with the Township covering all stormwater controls and BMPs associated with a regulated earth disturbance activity that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix A of this chapter.[1]
(1) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
(2) 
The owner shall convey to the Township conservation easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
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: Said appendix is included as an attachment to this chapter.
(b) 
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(c) 
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.
[Ord. No. 337, 5/15/2024]
(a) 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.
(b) 
Stormwater management easements shall be provided by the property owner if necessary for 1) access for inspections and maintenance, or 2) 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 § 25-703.
[Ord. No. 337, 5/15/2024]
(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 plan by the Township as a restrictive deed covenant that runs with the land:
(1) 
The operations and maintenance plan, or a summary thereof;
(2) 
Operations and maintenance agreements under § 25-703; and
(3) 
Easements under § 25-704.
(b) 
The Township may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
[Ord. No. 337, 5/15/2024]
(a) 
Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Township 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 as follows (minor drainage plan permittees are exempt from this requirement):
(1) 
If the stormwater control, conveyance or BMP 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), at the following minimum frequencies:
(i) 
Annually for the first five years.
(ii) 
Once every three years thereafter.
(2) 
If the stormwater control, conveyance or BMP 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. Inspections shall be conducted at the minimum frequencies listed in Subsection (a)(1), above.
(3) 
The above-referenced inspections shall 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, stormwater management facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable.
(4) 
The amount of the deposit to the fund shall be converted to 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 Board of Supervisors.