ARTICLE VII - MAINTENANCE RESPONSIBILITIES  

SECTION 701.  PERFORMANCE GUARANTEE 

SECTION 702.  MAINTENANCE RESPONSIBILITIES 

SECTION 703.  MAINTENANCE AGREEMENT FOR PRIVATELY OWNED STORMWATER FACILITIES 

SECTION 704.  POST-CONSTRUCTUION MAINTENANCE INSPECTIONS

SECTION 705.  MUNICIPAL STORMWATER MAINTENANCE FUND  

SECTION 701.  PERFORMANCE GUARANTEE 

The applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater plan and this Ordinance equal to the full construction cost of the required controls. 

SECTION 702.  MAINTENANCE RESPONSIBILITES 

A.                 The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Township Engineer.  The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility (ies). 

B.                 The drainage plan for the development site shall establish responsibilities for the continued 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 Township, stormwater control facilities may also be dedicated to and maintained by the Township. 

2.                  If a development site is to be maintained in 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 Township, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan.  The Township reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.

SECTION 703.  MAINTENANCE AGREEMENT FOR PRIVATELY OWNED STORMWATER FACILITIES

A.                 Prior to final approval of the site’s stormwater management plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities that are to be privately owned.  Said agreement, designated as Appendix E, is attached and made a part hereto. 

B.                 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 the review and approval of the Township Solicitor and Township.   

SECTION 704.  POST-CONSTRUCTUION MAINTENANCE INSPECTIONS

A.                 Stormwater detention and retention basins or facilities shall be inspected by, or under the direction of, a registered professional engineer on behalf of the applicant or responsible entity (including the Township Engineer for dedicated facilities) on the following basis: 

1.                  Annually for the first five (5)years.

2.                  Once every three (3) years thereafter.

3.                  During or immediately after the cessation of a 100-year or greater storm event. 

B.                 The entity conducting the inspection shall be required to submit a report to the Township within one (1) month following completion of the inspection.  The report will present documentation regarding the condition of the facility and recommend necessary repairs, if needed.  Any needed repairs shall be implemented by the owner within one (1) month of the report issuance date.   

SECTION 705.  MUNICIPAL STORMWATER MAINTENANCE FUND

A.                 If stormwater facilities are accepted by the Township for dedication, persons installing stormwater storage facilities shall be required to pay a specified amount to the municipal stormwater maintenance fund to help defray costs of periodic inspections and maintenance expenses.  The amount of the deposit shall be determined as follows: 

1.                  If the storage facility is to be owned and maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections for ten (10) years.  The Township Engineer will establish the estimated costs utilizing information submitted by the applicant. 

2.                  The amount of the deposit to the fund shall be converted to present worth of the 10-year maintenance costs.  The Township Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Township. 

B.                 If a storage facility is proposed that also serves as a recreational facility (e.g., ball field, pond), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational purpose. 

C.        If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting 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.