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 required by the Municipalities Planning Code.[1] The funds provided shall be equal to or greater than the
full construction cost of the required SWM facilities.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
For other regulated activities, the municipality may require a financial
guarantee from the applicant to ensure timely installation and proper
construction of the SWM facilities as approved.
C.
The owner of stormwater management facilities shall be responsible
for their proper maintenance during and after development.
A.
On or before completion of subdivision or land development improvements,
the permanent stormwater management system for a tract shall be fully
installed and functional in accordance with the approved stormwater
management plan. Temporary sediment trapping facilities in detention
basins, upon inspection and approval by the Township Engineer and
Montgomery County Conservation District shall be converted into permanent
stormwater management basins. All such work shall be specified in
the approved stormwater management plans.
B.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in the SWM site
plan, shall record the following documents in the Office of the Recorder
of Deeds for Montgomery County, within 14 days of approval of the
stormwater facility and stormwater management site plan by the municipality:
C.
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.
D.
The SWM site plan for the project site shall establish responsibilities
for the continuing operation and maintenance (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. The municipality reserves the right to accept
or reject the O&M responsibility for any or all 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 SWM site 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 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 Ordinance Appendix A.[1]
[1]
Editor's Note: Said appendix 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 O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of the municipality.
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.
Stormwater management facilities ownership and maintenance. All stormwater
management facilities identified within an approved stormwater management
site plan shall be owned and maintained by one, or a combination,
of the following entities:
(1)
Individual lot stormwater facilities. Stormwater management facilities
and systems that are located on an individual lot are the responsibility
of that landowner to maintain. All deeds shall incorporate the maintenance
responsibilities specified in the approved maintenance plan, making
explicit the individual owner's responsibilities for stormwater
management measures and for the common property.
(2)
Homeowners' or condominium association ownership (other stormwater
facilities located on individually owned lots). A single entity taking
the form of a private corporation, partnership, firm, estate or other
legal entity empowered to own real estate exclusive of individual
lot owners shall be set up to manage stormwater management facilities
that are suitable for such management and perform other functions
defined in this section. Maintenance responsibilities specified in
the approved maintenance plan should be referenced on the plan and
recorded into lot deeds, homeowners' or condominium association
articles of incorporation, or some other permanent legal document.
(3)
Municipal ownership. Where Hatfield Township has accepted offer of
dedication of the permanent stormwater management facilities, Hatfield
Township shall be responsible for maintenance. Municipal ownership
notwithstanding, the applicant is required to prepare a stormwater
management plan including a maintenance component, as defined above.
Upon approval of the stormwater management facilities by Hatfield
Township, the applicant shall provide a financial security, in a form
approved by Hatfield Township Solicitor for maintenance guarantees,
as follows:
(a)
Long-term maintenance bond. The long-term maintenance bond shall
be in an amount and for a time period as determined by Hatfield Township.
The estimated annual maintenance cost for the facilities shall be
based on a reasonable fee schedule provided by the Township Engineer
and adopted by Hatfield Commissioner.
(b)
Documentation. The terms of the maintenance guarantees shall
be documented as part of the stormwater management plan and the maintenance
plan.
