The applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all erosion and sediment control measures and stormwater management BMPs as required by the approved stormwater management plan and this Ordinance equal to the full construction cost of the required controls plus construction contingency and construction inspection costs.

A. The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the design engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the BMPs and shall be subject to review and approval of the Township.

B. The stormwater management plan for the development site shall establish responsibilities for the continuing 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 BMPs may also be dedicated to and maintained by the Township, if accepted by the Township.

2. If a development site is to be maintained in a single ownership or if storm sewers and other stormwater management improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater BMPs shall be the responsibility of the owner of the property or easement on which the facility is located.

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 plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater BMPs.

A. Prior to final approval of the site's stormwater management plan, the applicant shall sign and record a maintenance agreement approved by the Township Solicitor covering all stormwater control facilities that are to be privately owned. The form and substance of the agreement shall be the same as contained in the Agreement in Appendix G of the Ordinance.

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 review and approval of the Township.

A. Stormwater management easements shall be provided by the property owner if necessary for: (1) access for facility inspections and maintenance, or (2) preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event. The purpose of the easement shall be specified in the maintenance agreement signed by the property owner.

B. Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.

C. Easements shall be recorded with the County Recorder of Deeds prior to issuance of a building permit or recordation of a subdivision or land development plan.

A. If stormwater BMPs are accepted by the Township for dedication, persons installing stormwater BMPs shall be required to pay a specified amount to the Township Stormwater Maintenance Fund to help defray costs of periodic inspections. The amount of the deposit shall be determined as follows:

1. If the BMP is to be owned and maintained by the Township the deposit shall cover the estimated costs for inspections required pursuant to Section 706 for ten (10) years. The Township engineer will establish the estimated costs upon review of information submitted by the applicant.

2. If the stormwater management facilities and Best Management Practices 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 upon review of information submitted by the applicant.

3. The amount of the deposit to the fund shall be converted to present value of the annual series of payments. The Township engineer shall determine the present worth equivalents, which shall be subject to the approval of the Board of Supervisors.

B. If a BMP is proposed that also serves as a recreation facility (e.g., ball field, pond), the Township may, but is not required to, reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.

A. BMPs shall be inspected by the landowner/developer or responsible entity (including the Township Engineer for dedicated BMPs) on the following basis:

1. Twelve (12) months after completion of the facility and acceptance by the Township.

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 submit a report to the Township regarding necessary repairs, if any.