[Ord. No. 2022-01, 7/12/2022]
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 Part equal to
the full construction cost of the required controls plus construction
contingency and construction inspection costs.
[Ord. No. 2022-01, 7/12/2022]
A.
The stormwater management plan for the development site shall contain
a BMP operation and maintenance plan (BMP O&M) prepared by the
design engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the BMPs and shall be subject to review and approval
of the Township.
B.
The BMP O&M 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, storm sewers, and other
stormwater management 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 or private
management entity.
C.
The stormwater facility and BMP O&M plan shall include the following:
(1)
Description of how each stormwater facility and BMP will be
operated and maintained, and the identity and contact information
associated with the person(s) responsible for O&M.
(2)
Name of the project site, name and address of the owner of the
property, and name of the individual or firm preparing the plan.
(3)
A statement, signed by the facility owner, acknowledging that
the stormwater facilities and BMPs are fixtures that can be altered
or removed only after approval by the Township.
D.
Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
E.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
F.
The Board of Supervisors, 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 Board of Supervisors reserves the right anytime to accept the ownership and operating responsibility for any or all of the stormwater BMPs. The right of the Township to accept ownership in the future shall be stated in the maintenance agreement (refer to § 26-164).
[Ord. No. 2022-01, 7/12/2022]
A.
The Township shall review the stormwater facilities and BMP O&M
plan for consistency with the purposes and requirements of this Part,
and any permits issued by PADEP.
B.
The Township shall notify the applicant in writing whether the stormwater
facility and BMP O&M plan is approved.
C.
The Township shall require a record drawing of all stormwater facilities
and BMPs.
[Ord. No. 2022-01, 7/12/2022]
A.
Prior to final approval of the site's stormwater management
plan, the applicant shall sign and record an O&M agreement prepared
and 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 consistent with the agreement in Appendix
K of this Part.[1]
[1]
Editor's Note: Appendix K is included as an attachment to this chapter.
B.
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory maintenance of all facilities.
The O&M agreement shall be subject to review and approval of the
Township.
C.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the Township may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
[Ord. No. 2022-01, 7/12/2022]
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 Bucks County Recorder of Deeds
prior to issuance of a building permit or recordation of a subdivision
or land development plan.
[Ord. No. 2022-01, 7/12/2022]
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 and maintenance expenses. 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 maintenance and inspections required pursuant to § 26-167 for 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 are to be owned and maintained by a private entity, the
deposit shall cover the estimated costs for maintenance and inspections
for 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 worth 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.,
ballfield, 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 purposes.
C.
A financial deposit to the Township Stormwater Management Fund shall
be required to be paid by the developer to help defray costs of periodic
inspections and maintenance expenses associated with all stormwater
management facilities, storm sewers, culverts, and other such improvements
required by PennDOT, to be constructed within the right-of-way of
public roadways, that are to be maintained after dedication by the
Township. The deposit shall cover the estimated cost for maintenance
and inspections for 10 years. The Township Engineer will establish
the estimated cost upon review of information submitted by the applicant.
