A.
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a BMP operations
and maintenance plan which describes how the permanent (e.g., postconstruction)
stormwater BMPs will be properly operated and maintained.
B.
The following items shall be included in the BMP operations and maintenance
plan:
(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 Montgomery
County, and shall be submitted on twenty-four-inch by thirty-six-inch
or thirty-inch by forty-two-inch sheets. The contents of the maps(s)
shall include, but not be limited to:
(a)
Clear identification of the location and nature of permanent
stormwater 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)
A fifteen-foot-wide access easement around all stormwater BMPs
that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each permanent stormwater BMP will be operated
and maintained, and the identity of the person(s) responsible for
operations and maintenance;
(3)
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
(4)
A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that can be altered or removed only after approval
by the municipality.
A.
The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater BMPs, as follows:
(1)
If a plan includes structures or lots which are to be separately
owned and in which streets, sewers and other public improvements are
to be dedicated to the municipality, stormwater BMPs may also be dedicated
to and maintained by the municipality;
(2)
If a plan includes operations and maintenance by a single ownership,
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater BMPs
shall be the responsibility of the owner or private management entity.
B.
The Municipality shall 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 BMPs.
A.
The Municipality shall review the BMP operations and maintenance
plan for consistency with the purposes and requirements of this chapter,
and any permits issued by DEP.
B.
The Municipality shall notify the applicant in writing whether the
BMP operations and maintenance plan is approved.
C.
The Municipality may require an as-built survey of all stormwater
BMPs and an explanation of any discrepancies with the operations and
maintenance plan.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operations and maintenance plan, or
to allow the property to remain in a condition which does not conform
to an approved BMP operations and maintenance plan, unless an exception
is granted in writing by the municipality.
A.
The property owner shall sign an operations and maintenance agreement
with the municipality covering all stormwater BMPs that are to be
privately owned. The agreement shall be in a form supplied and approved
by the Township Solicitor.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater BMPs. The agreement shall be subject to the review and
approval of the municipality.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Municipal
Engineer.
B.
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 88-16.
A.
The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds for Montgomery County, within 15 days of approval of the
BMP Operations Plan by the municipality:
B.
The Municipality may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply
with this section.
A.
If stormwater BMPs are accepted by the municipality for dedication,
the municipality may require persons installing stormwater BMPs to
pay a specified amount to the Municipal Stormwater BMP Operation and
Maintenance Fund, to help defray costs of operations and maintenance
activities. The amount may be determined as follows:
B.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ballfield, lake), the municipality may adjust the amount due accordingly.
