A. Performance guaranties. Financial security shall be provided by the landowner as a performance guaranty for stormwater management facilities in accordance with improvement guaranty provisions outlined in § 509 of the Municipalities Planning Code or any amendment thereto.
B. Maintenance responsibility and guaranties.
(1) The maintenance responsibilities for permanent stormwater management facilities shall be determined based upon the type of ownership of the property that is occupied by the facilities.
(a) Single entity ownership. Where the permanent stormwater management facilities designed to manage runoff from property in a single entity ownership, the maintenance responsibility for the stormwater management facilities shall be with the single entity owner. The stated responsibilities of the entity related to owning and maintaining the facilities shall be submitted with the stormwater management operations and maintenance plan for determination of their adequacy. Approval of the stormwater management plan shall depend upon the approval of these terms. These terms shall be in writing, shall be in recordable form and shall, in addition to any other terms deemed necessary by the Board of Commissioners, contain a provision permitting inspection at any reasonable time by the Township Engineer or other Township officials of all such facilities deemed critical to the public welfare consistent with current Township practices.
(b) Municipal ownership. Where the Board of Commissioners has accepted an offer of dedication of the permanent stormwater management facilities, the Township shall be responsible for maintenance. Upon approval of the stormwater management facilities by the Board of Commissioners, the developer shall provide a financial security, in a form approved by the Township Solicitor for maintenance guaranties, as follows:
[1] Construction maintenance bond. The Board of Commissioners may require the posting of a maintenance bond to secure the structural integrity and functioning of said facilities, in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in accordance with the improvement guaranty provisions in the Municipalities Planning Code or any amendment thereto, and the amount of the financial security shall not exceed 10% of the actual cost of installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.
[2] Operation and Maintenance Fund. Long-term maintenance shall be secured through a payment to the Township stormwater management operation and maintenance fund in an amount equal to the present worth of maintenance of the facilities for a ten-year period. This amount shall be determined by the Township Engineer.
[3] Documentation.
[a] The terms of the maintenance guaranties shall be documented as part of the stormwater management plan.
[b] For certain types of facilities, the Board of Commissioners may benefit by transferring the maintenance responsibility to an individual or group of individuals residing within the controlled area. These individuals may have the permanent stormwater management facilities adjacent to their lots or otherwise have an interest in the proper maintenance of the facilities. In these instances, the Board of Commissioners and the individual(s) may enter into a formal agreement for the maintenance of the facilities whereby the Township shall maintain ownership of the facilities and be responsible for periodic inspections.
[c] Individual lot ownership. Where any stormwater management facility is located on an individual lot, and maintenance thereof is the responsibility of that landowner, a description of the facility or systems and the terms of the required maintenance shall be noted on the record plan and incorporated as a part of the deed to the property. The deed shall be recorded with the Montgomery County Office for the Recording of Deeds within 90 days following the Board of Commissioners approval. In addition, the Board of Commissioners may require as a condition of approval that a deed conveying any interest in such lot contain language indicating that the conveyance is subject to an express covenant by the grantee that the grantee will maintain the stormwater management facility.
[d] Multientity ownership. In cases where property is in multiple ownership (i e , many individual interests in various portions of the property on which stormwater facilities are located), the developer(s) shall enter into an agreement with the Township to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements above for single-entity ownership shall apply.
(2) The failure of any person, individual lot owner or private entity to properly maintain any stormwater management facility shall be construed to be a violation of this chapter and is declared to be a public nuisance, subject to penalties as set forth in this chapter.
C. Liability insurance. If, in the opinion of the Board of Commissioners based upon a recommendation from the Township Engineer, the nature of the work is such that it may create a hazard to human life or endanger adjoining property or streets, the Board of Commissioners shall, before issuing the stormwater management permit, require that the applicant file a certificate of insurance showing that there exists insurance against claims for damages for personal injury, bodily injury and property damage, including damage to the Township by surface water flow which has been altered on the site. The liability insurance shall be to the amount prescribed by the Board of Commissioners in accordance with the nature of risks involved and include the Township of Upper Dublin as an additional insured. Such insurance shall be written by a company licensed to do business in the commonwealth. Neither issuance of the stormwater management permit nor compliance with the provisions hereto or any conditions imposed by the Township shall relieve any person from any responsibility for damage otherwise imposed by law nor impose any liability upon the Township or its officers and employees for damages to persons or property.