Township of Marple, PA Article VII Maintenance Responsibilities

§ 257-30 Performance guarantee.

A. For all activities requiring submittal of a SWM site plan, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management facilities as:

(1) Required by the approved SWM site plan equal to or greater than the full construction cost of the required facilities; or

(2) The amount and method of payment provided for in the SALDO.[1]

[1] Editor's Note: See Ch. 205, Subdivision of Land.

B. For other regulated activities, the municipality may require a financial guarantee from the applicant.

§ 257-31 Responsibilities for operations and maintenance (O&M) of stormwater controls and BMPs.

A. The SWM site plan shall include a BMP operations and maintenance plan that describes how the permanent (e.g., postconstruction) stormwater controls and BMPs will be properly operated, inspected, and maintained.

B. Establish access easements that include all significant stormwater controls, conveyances, and BMPs, and indicate a fifteen-foot perimeter area surrounding these features that will provide the municipality sufficient ingress to and egress from a public right-of-way.

C. The following items shall be included in the stormwater control and BMP operations and maintenance plan, as applicable:

(1) Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Delaware County, shall be submitted on twenty-four-inch by thirty-six-inch sheets. The contents of the map(s) shall include, but not be limited to:

(a) Clear identification of the location and nature of permanent stormwater controls and BMPs;

(b) The location of the project site relative to highways, municipal boundaries, or other identifiable landmarks;

(c) Existing and final contours at intervals of two feet, or others, as appropriate;

(d) Existing streams, lakes, ponds, or other bodies of water within the project site area;

(e) Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;

(f) The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;

(g) Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;

(h) Proposed final structures, roads, paved areas, and buildings; and

(i) Access easement boundaries.

(2) A description of how each permanent stormwater control and BMP will be operated and maintained;

(3) The identity and contact information associated with the person(s) responsible for operations and maintenance;

(4) The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and

(5) A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the municipality.

D. The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:

(1) If a plan includes structures or lots that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the municipality, stormwater controls and BMPs may, at the municipality's discretion, also be dedicated to and maintained by the municipality;

(2) If a plan includes operations and maintenance by a single owner or if sewers and other public improvements are to be privately owned and maintained, the operations and maintenance of stormwater controls and BMPs shall be the responsibility of the landowner.

E. The municipality will make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.

§ 257-32 Municipal review of a stormwater control and BMP operations and maintenance plan.

A. The municipality will review the stormwater control and BMP operations and maintenance plan for consistency with this chapter and any permits issued by PADEP.

B. The municipality will notify the applicant in writing whether or not the stormwater control and BMP operations and maintenance plan is approved.

C. The municipality will require an as-built plan per § 257-27 showing all constructed stormwater controls and BMPs and an explanation of any discrepancies with the approved operations and maintenance plan.

§ 257-33 Adherence to an approved stormwater control and BMP operations and maintenance plan.

It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.

§ 257-34 Operations and maintenance agreement for privately owned stormwater controls and BMPs.

A. Prior to final approval of the site's SWM site plan (including plans for private facilities constructed under the simplified method), the applicant shall sign and record an operations and maintenance agreement with the municipality covering all stormwater controls and BMPs that are to be privately owned (refer to Appendix D[1]). The maintenance agreement shall be transferred with transfer of ownership in perpetuity. The agreement shall be substantially the same as the agreement in Appendix D of this chapter.

[1] Editor's Note: Appendix D is on file in the Township offices..

B. Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the municipality.

§ 257-35 Stormwater management easements.

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

B. Stormwater management easements shall be provided to the municipality by the applicant or property owner for access for inspections and maintenance, the preservation of stormwater runoff conveyance, infiltration, and detention areas, and for other stormwater controls. The purpose of the easement shall be specified in any agreement under § 257-34.

§ 257-36 Recording of an approved stormwater control and BMP operations and maintenance plan and related agreements.

A. The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed, implemented, or permanently maintained, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Delaware County, within 15 days of approval of the stormwater control and BMP operations and maintenance plan by the municipality:

(1) The operations and maintenance plan, or a summary thereof;

(2) Operations and maintenance agreements under § 257-34; and

(3) Easements under § 257-35.

B. The municipality may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this section.

§ 257-37 Municipal Stormwater Control and BMP Operation and Maintenance Fund.

A. Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and 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 stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality, as estimated by the Municipal Engineer, for a period of 10 years. This is to be paid in a manner specified by the municipality. After that period of time, inspections will be performed at the expense of the municipality.

(2) If the stormwater control or BMP is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 25 years. The municipality will establish the estimated costs utilizing information submitted by the applicant.

(3) The amount of the deposit to the fund shall be converted to present worth of the annual series values. The municipality shall determine the present worth equivalents, which shall be subject to the approval of the governing body.

B. If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the municipality 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 stormwater control or BMP (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 or demolishing the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment or demolition will be used for inspection, maintenance, and operation of the receiving stormwater management system.

D. If stormwater controls or BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(1) The amount shall cover the estimated costs for operations and maintenance for 25 years, as determined by the municipality.

(2) The amount shall then be converted to present worth of the annual series values.

E. If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the municipality may adjust the amount due accordingly.

F. The municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long-term maintenance of stormwater controls and BMPs.

G. The municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater related problems which may arise from the land development and earth disturbance.