A list of any approvals/permits relative to stormwater management
that will be required from other governmental agencies (e.g., Chapter
102 Erosion and Sediment Control, PennDOT Highway Occupancy Permit,
Chapter 105 Water Obstruction and Encroachment Permit from PA DEP)
and the anticipated dates of submission/receipt should be included
with the stormwater plan submission. Copies of permit applications
may be requested by the Township to assist in the plan review.
The application shall contain a proposed Operation and Maintenance (O&M) Plan for all stormwater control facilities as described in Article
VI of this chapter. Such plan shall:
A. Identify the party responsible for the operation, maintenance and
control of the stormwater facilities and their responsibilities (e.g.,
the Township, property owner, private corporation, homeowners' association
or other entity).
B. Include an operation and maintenance plan for all stormwater facilities
outlining the routine maintenance actions and schedules necessary
to ensure proper operation of the stormwater control facilities.
C. Identify and attach any legal agreements required to implement the
maintenance program and copies of the maintenance agreement as required
by this chapter.
D. Identify method of financing continuing operation and maintenance
if the facility is to be owned by a person or entity other than the
Township or a governmental agency.
Financial guarantees, in a form acceptable to the Township,
shall be submitted by the developer for the construction and maintenance
of the project as well as the construction, operation and maintenance
of any stormwater management BMPs, regardless of whether the stormwater
management BMPs or other stormwater management facilities are dedicated
to the Township as a public facility or retained privately. In requiring
financial guarantees for privately held facilities, the Township acknowledges
that private ownership, and the responsibility for the continuing
operation and maintenance of stormwater management facilities, may
be compromised by bankruptcy, death or neglect of the person or persons
initially charged with the responsibility for same. In that event,
the Township finds that it is necessary to require long-term financial
guarantees to be posted by the developer to offset the Borough's
costs and expenses it may incur in the event of bankruptcy, death
or neglect of the person or persons initially charged with the responsibility
for such facilities and the protection of the public health, safety
and welfare. All financial guarantees shall be set forth in a BMP
Operation and Maintenance Agreement in the form attached hereto in
Appendix C.