The applicant should 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 chapter equal to the full construction cost of the required controls.
A. 
The SWM site plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Township Engineer. 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 SWM site plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities and temporary permanent erosion 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 a 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.
(3) 
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 restrictions. 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.
(4) 
Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the property owners' 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 among the deed records of Centre County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said property owners' association.
(5) 
For stormwater management facilities that are proposed as part of the site development plan, the developer will be required to execute a developer agreement and a maintenance agreement with the Township for the construction and continued maintenance of the facilities prior to the signature approval on the final plan. Access for inspection by the Township of all such facilities deemed critical to the public welfare at any reasonable time shall be provided.
C. 
The governing body, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management site plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
[Amended 9-9-2024 by Ord. No. 370]
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.
A. 
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 create 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.
B. 
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[1] covering all stormwater control facilities which are to be privately owned.
[1]
Editor's Note: A template for the DSAME/operation and maintenance agreement is included as an attachment to this chapter.
(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.
A. 
Stormwater facilities should be inspected by the landowner/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.