A.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the municipality for the timely installation
and proper construction of all stormwater management (SWM) facilities
as:
(1)
Required by the approved SWM site plan equal to or greater than
the full construction cost of the required controls in accordance
with the provisions of Sections 509, 510, and 511 of the Pennsylvania
Municipalities Planning Code; or
B.
For other regulated activities, the municipality shall require a
financial guarantee from the applicant in an amount to be reviewed
and approved by the Municipal Engineer.
A.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in the stormwater
facility and BMP O&M plan, shall record the following documents
in the Office of the Recorder of Deeds for Bucks County, within 90
days of approval of the SWM and BMP O&M plan by the municipality:
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.
C.
The following items shall be included in the stormwater facility
and BMP O&M 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 Bucks County,
and shall be submitted on twenty-four-inch-by-thirty-six-inch sheets,
or as approved by the Borough Engineer. The contents of the map(s)
shall include, but not be limited to:
(a)
Clear identification of the location and nature of stormwater
facilities 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 one
foot 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 on site and 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 minimum twenty-foot-wide access easement around all stormwater
facilities and BMPs that would provide ingress to and egress from
a public right-of-way.
(2)
A 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;
(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 facility owner, acknowledging that
the stormwater facilities and BMPs are fixtures that can be altered
or removed only after approval by the municipality.
D.
The stormwater facility and BMP O&M plan for the project site
shall establish responsibilities for the continuing O&M of all
stormwater facilities and 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 facilities and BMPs
may also be offered for dedication to and maintained by the municipality.
(2)
If a plan includes O&M by single ownership, or if sewers
and other public improvements are to be privately owned and maintained,
the O&M of stormwater facilities and BMPs shall be the responsibility
of the owner or private management entity.
E.
The municipality shall make the final determination on the continuing
O&M responsibilities prior to final approval of the SWM site plan.
The Municipality may require a dedication of such facilities as part
of the requirements for approval of the SWM Plan. Such a requirement
is not an indication that the Municipality will accept the facilities.
The municipality reserves the right to accept or reject the O&M
responsibility for any or all portions of the stormwater facilities
and BMPs.
F.
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.
G.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
H.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article and this chapter.
A.
The municipality shall review the stormwater facilities and BMP O&M
plan for consistency with the purposes and requirements of this chapter,
and any permits issued by PADEP.
B.
The municipality shall notify the applicant in writing whether the
stormwater facility and BMP O&M plan is approved.
C.
The municipality shall require an "as-built plan" of all stormwater
facilities and BMPs.
A.
Prior to final approval of the SWM site plan, the owner shall sign
an O&M agreement with the municipality covering all stormwater
facilities and BMPs that are to be privately owned. The O&M agreement
shall be transferred with transfer of ownership. The agreement shall
be substantially the same as the agreement in Appendix A and subject
to the satisfaction of the Borough Solicitor.
(1)
The owner, successor, and assigns shall maintain all facilities
in accordance with the approved maintenance schedule in the O&M
agreement.
(2)
The owner shall keep on file with the Municipality the name,
address, and telephone number of the person or company responsible
for maintenance activities; in the event of a change, new information
shall be submitted by the owner to the Municipality within 10 working
days of the change.
B.
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of the municipality, including the Borough Solicitor.
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 municipality may
perform the services required and charge the owner appropriate fees.
Nonpayment of fees may result in a lien against the property.
A.
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan.
B.
The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.
C.
The owner must convey to the Municipality conservation easements
to assure access for periodic inspections by the Municipality and
maintenance, as necessary.
