The developer 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 plan and this chapter equal to 110% of the construction cost of the required controls.
A. 
The stormwater management plan for the development shall contain an operation and maintenance plan. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation and function of the facility(ies).
B. 
The responsible party or entity responsible for the maintenance must also be identified. The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities and permanent erosion control facilities, consistent with the following principles.
(1) 
Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restriction, with specific notation made on the approved subdivision plan for such ownership and maintenance responsibility. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
(2) 
Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision plan. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown therein shall contain a condition that it shall be mandatory for the owner of said lot to be members of said property owners' association. For stormwater management facilities that are proposed as part of a site development plan, a note shall be added to the plan stating that the developer is responsible for maintenance of the facilities and that access for inspection by the municipality of all such facilities shall be provided.
(3) 
In the event that the developer conclusively shows that none of the above ownership/maintenance arrangements are achievable, the facilities may be dedicated to the municipality. If stormwater facilities are accepted by the municipality for dedication, persons installing stormwater facilities shall be required to pay a specified amount to the municipality to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(a) 
If the stormwater facility is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal Engineer will establish the estimated costs utilizing information submitted by the developer.
(b) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the municipal governing body.
(c) 
If a stormwater facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the municipality may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
(d) 
If at some future time a dedicated stormwater facility is eliminated due to the installation of storm sewers or other facilities, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connection 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.
C. 
Stormwater facilities should be inspected by the landowner/developer or responsible entity (including the Municipal Engineer for dedicated facilities) on the following basis:
(1) 
Annually.
(2) 
During or immediately after every ten-year or greater storm event.
D. 
The entity conducting the inspection may be required to submit a report to the municipality regarding the condition of the facility and recommending necessary repairs, if needed.
E. 
Maintenance inspections may be performed by the municipality to ensure proper functioning of all stormwater facilities. These inspections may, at a minimum, be performed annually and/or following major storm events.
[Added 9-25-2024 by Ord. No. 2024-644[1]]
A. 
Prior to final approval of the stormwater management site plan, the property owner shall sign and record a declaration of stormwater access and maintenance easement (DSAME) covering all stormwater control facilities that are to be privately owned. The DSAME shall include an operation and maintenance agreement.
B. 
The DSAME shall contain the following elements:
(1) 
Name and address of the property owner.
(2) 
Name of land development for which the DSAME is required.
(3) 
Statement noting that, as a condition of approval, a DSAME is required.
(4) 
Statement noting that the DSAME shall run in perpetuity with the land.
(5) 
Statement that the property owner creates an easement for the purpose of access to the stormwater facilities for ingress, egress, and regress.
(6) 
Metes and bounds description of the stormwater access and maintenance easement.
(7) 
Statement that heirs and assigns of the owner, by accepting a deed from the owner, agree to be subject to the conditions of the DSAME.
(8) 
Statement that the stormwater easement shall be a permanent easement and that the stormwater management facilities located within the easement will be maintained by the owner, their heirs and assigns and shall be responsible for repairs as may be required in accordance with the approved stormwater easement maintenance plan.
(9) 
The creation of the stormwater easement shall be deemed an agreement by the owner to maintain the stormwater management facilities, with all costs of maintenance to be the responsibility of the owner. The agreement shall also state that no alteration of the facilities is permitted without formal plan approval by DEP, the Centre County Conservation District and the Township.
(10) 
Statement noting that no structures are permitted within the easement and that no grading that will adversely impact the function of stormwater facilities within the easement.
(11) 
A statement noting that no barriers, fences or other obstructions that may impede stormwater flow are permitted.
(12) 
A statement noting that the owner will be responsible for maintenance of the easement, including mowing and annual upkeep.
(13) 
Statement noting that in case any provisions contained in this DSAME are for any reason declared invalid, that such invalidity shall not affect any other provision hereof.
(14) 
Statement that the owner, their heirs, successors, and assigns agree to indemnify and hold harmless the Township, Centre County, and the Township Engineer from any and all claims, costs, damages, and expenses legally and reasonably incurred as a result of this DSAME and the easements hereby created.
(15) 
Statement noting the following: "The owner hereby acknowledges the Township's right to access the stormwater easements to inspect the stormwater management facilities. The owner also acknowledges the Township's right, upon notice to the owner, to repair and/or maintain the stormwater facilities in accordance with the stormwater access and maintenance plan. All costs, including materials, labor, engineering, and legal costs, of such repair or maintenance activities shall be the sole responsibility of the owner." In the event of nonpayment by the owner, the Township shall seek legal options for receipt of payment, including placement of a municipal lien on the property.
C. 
Operation and maintenance agreements.
(1) 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix YYY) covering all stormwater control facilities which are to be privately owned.
(2) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
(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: This ordinance also renumbered former §§ 310-30 through 310-36 as §§ 310-32 through 310-38, respectively.
[Added 9-25-2024 by Ord. No. 2024-644]
A. 
Stormwater facilities should be inspected by the land owner/developer or responsible entity (including the Township Engineer for dedicated facilities) on the following basis:
(1) 
Annually;
(2) 
During or immediately after every ten-year or greater storm event.
B. 
The entity conducting the inspection should be required to submit a report to the Township regarding the condition of the facility and recommending necessary repairs, if needed.
C. 
Maintenance inspections may be performed by the Township to ensure proper functioning of all stormwater facilities. These inspections may, at a minimum, be performed annually and/or following major storm events. If the Township determines at any time that any permanent stormwater facility has been eliminated, altered, or improperly maintained, the owner of the property shall be advised of corrective measures required and given three days to initiate appropriate action in accordance with a time schedule dictated by the Township. If such action is not taken by the property owner, the Township may cause the work to be done and backcharge all costs to the property owners.