(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.
(b) 
For other regulated activities, the Municipality may require a financial guarantee from the applicant.
(a) 
The SWM site plan shall include a BMP operations and maintenance plan that describes how the permanent (e.g., post-construction) 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. 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.
(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 Section 1054.32 showing all constructed stormwater controls and BMPs and an explanation of any discrepancies with the approved 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.
(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 I). The maintenance agreement shall be transferred with transfer of ownership in perpetuity. The agreement shall be substantially the same as the agreement in Appendix I of this chapter.
(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.
(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 Section 1054.39.
(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 Section 1054.39; and
(3) 
Easements under Section 1054.40.
(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.
(a) 
Simplified approach. Any landowner issued a permit under the simplified approach as set forth in Section 1054.06 hereof or such landowner's designee shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm, as determined by the Municipal Engineer. Inspection reports for inspections during or after the cessation of a ten-year or greater storm event are only required to be submitted if requested by the Municipality or Municipal Engineer.
Inspections should be conducted during or immediately following precipitation events or in dry weather conditions if the BMP design parameters include dewatering with a specified period of time. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, stormwater management facility or structure inspection, observations on performance, and recommendations for improving performance, if applicable. Inspection reports for Section 1054.42(a)(1) and (2) above shall be submitted to the Municipality within 30 days following completion of the inspection, and shall be accompanied by a current photograph of the Facility or structure inspected.
(b) 
Municipality inspections. The municipality shall inspect all SWM BMPs, facilities and/or structures installed under this chapter other than those constructed pursuant to the simplified approach as set forth in Section 1054.06 according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended. 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 cover the costs of periodic inspections and maintenance expenses. This is to be paid in a manner specified by the Municipality. The amount of the deposit shall be determined as follows:
(1) 
If the BMP or conveyance 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 25 years, at the following minimum frequencies:
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a twenty five-year or greater storm, as determined by the Municipal Engineer.
D. 
The Municipal Engineer may request that the landowners or landowners' designee submit an inspection report after the cessation of a ten-year or greater storm event if there is reason to believe that a BMP has sustained damage that impacts its ability to function as designed and if the BMP's failure would result in damage to downgradient properties.
(2) 
If the BMP or Conveyance 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. Inspections shall be conducted at the minimum frequencies listed in above referenced section.
(3) 
The above referenced inspections shall be conducted during or immediately following precipitation events or in dry weather conditions if the BMP design parameters include dewatering with a specified period of time. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, stormwater management Facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable.
(4) 
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.
(c) 
If a BMP or Conveyance 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.
(d) 
If at some future time, a BMP or conveyance (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.
(e) 
If a BMP or conveyance is accepted by the Municipality for dedication, the Municipality may require persons installing the BMP or conveyance to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help cover the 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; and
(2) 
The amount shall then be converted to present worth of the annual series values.
(f) 
The Municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover:
(1) 
Inspections;
(2) 
Long-term maintenance of BMP(s) or conveyance(s); and
(3) 
Stormwater-related problems which may arise from the land development and earth disturbance.