The applicant shall provide a financial guarantee to the Township for the proper installation and construction of all stormwater management controls as required by the approved stormwater plan and this chapter in the amount of 110% of the total estimated construction cost of all elements of the approved plan. Performance guarantees will be released only upon submittal of record drawings, which shall consist of an as-built survey of all stormwater management facilities included in the approved stormwater management plan. Record drawings shall be submitted to the Municipal Engineer for final approval and shall include an explanation of any discrepancies, alterations and or modifications with the approved stormwater management plans. Record drawings shall be certified by a qualified design professional.
A. 
Each stormwater management plan shall contain provisions, which clearly set forth the ownership and maintenance responsibility of all permanent stormwater management facilities. The provisions shall include:
(1) 
Description of maintenance requirements and outline of routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).
(2) 
Establishment of suitable easements for access to all facilities from public rights-of-way. Easement locations, dimensions and prohibitions shall be as required by § 126-17D(21). The Township, its agents and employees shall have the right to enter easement areas where stormwater management and erosion and sediment control facilities are located for the purpose of inspecting said facilities.
(3) 
Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sediment control facilities. In meeting these requirements, the following priority for ownership is herein established:
(a) 
As a first priority, the facilities should be incorporated within individual lots so that respective lot owners will own and be responsible for maintenance in accordance with this section and the recorded deed restrictions.
(b) 
As a second priority, in the event that the first priority cannot be achieved, ownership and maintenance shall be the responsibility of a homeowners' association. The Township shall have complete discretion in determining whether or not the first priority can be achieved. The stated responsibilities of the homeowners' 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 and/or land development plan with the recorder of deeds of Franklin County, Pennsylvania. In addition, the approved subdivision and/or land development 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 or owners of said lot to be members of said homeowners' association.
(c) 
Municipal ownership shall not be permitted.
(4) 
No stormwater management plan shall be finally approved until the applicant/owner/developer signs the stormwater facilities maintenance and monitoring agreement labeled Exhibit 3.[1]
[1]
Editor's Note: Exhibit 3 is included at the end of this chapter.
(5) 
When ownership will ultimately be the responsibility of a homeowner's association, an agreement shall be provided to the Township by the applicant/owner/developer defining the terms and conditions under which ownership and maintenance responsibilities will be transferred to the homeowner's association. Other items may be required in the agreement where determined necessary to guarantee satisfactory installation and maintenance of all facilities. The agreement shall be subject to the review and approval of the municipality.