A.
For subdivisions and land developments the applicant
shall provide a financial guarantee to the Borough for the timely installation
and proper construction of all stormwater management controls as:
B.
For other regulated activities, the Borough may require
a financial guarantee from the applicant.
A.
No regulated earth disturbance activities within the
Borough shall commence until approval by the Borough of a stormwater control
and BMP operations and maintenance plan that describes how the permanent (e.g.,
postconstruction) stormwater controls and BMPs will be properly operated and
maintained.
B.
The following items shall be included in the stormwater
control and 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, shall be submitted. The contents of the maps(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,
Borough 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 drainagecourses, 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
controls and BMPs that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each permanent stormwater control
and BMP will be operated and maintained, and the identity and contact information
associated with 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 controls and BMPs are fixtures that can be altered or removed
only after approval by the Borough.
C.
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 which 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
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 controls
and BMPs shall be the responsibility of the owner or private management entity.
D.
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 controls and BMPs.
A.
The Municipality shall review the stormwater control
and 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 or not the stormwater control and BMP operations and maintenance plan
is approved.
C.
The Borough may require a record drawing of all stormwater
controls and BMPs and an explanation of any discrepancies with the 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.
The applicant shall sign an operations and maintenance agreement with the Municipality covering all stormwater controls and BMPs that are to be privately owned. The maintenance agreement shall be transferred with transfer of ownership. The agreement shall be substantially the same as the agreement in Appendix I of this chapter.[1]
[1]
Editor's Note: Appendix I is included at the end 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 Municipal Engineer.
B.
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 276-33.
A.
Prior to final approval of the site's drainage plan, the applicant shall sign and record the maintenance agreement contained in Appendix I which is attached and made part hereof covering all stormwater control facilities that are to be privately owned.
B.
Other items may be included in the agreement where determined
necessary to guarantee the satisfactory maintenance of all facilities. The
maintenance agreement shall be subject to the review and approval of the Borough
Solicitor and governing body.
A.
The owner of any land upon which permanent stormwater
controls and BMPs will be placed, constructed, or implemented, 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 Montgomery
County, within 15 days of approval of the stormwater control and BMP operations
and maintenance 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.
A.
Persons installing stormwater controls or BMPs shall
be required to pay a specified amount to the Borough Stormwater Control and
BMP Operation and 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 stormwater control or BMP is to be privately owned
and maintained, the deposit shall cover the cost of periodic inspections performed
by the Borough for a period of 10 years, as estimated by the Borough Engineer.
After that period of time, inspections will be performed at the expense of
the Borough.
(2)
If the stormwater control or BMP is to be owned and maintained
by the Borough, the deposit shall cover the estimated costs for maintenance
and inspections for 10 years. The Borough Engineer will establish the estimated
costs utilizing information submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted
to present worth of the annual series values. The Borough Engineer shall determine
the present worth equivalents, which shall be subject to the approval of the
governing body.
B.
If a stormwater control or BMP is proposed that also
serves as a recreational facility (e.g., ball field or lake), the Borough
may reduce or waive the amount of the maintenance fund deposit based upon
the value of the land for public recreational purpose.
C.
If at some future time, a stormwater control or BMP (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 the facility and connecting
to the storm sewer system or other facility. Any amount of the deposit remaining
after the costs of abandonment are paid will be returned to the depositor.
D.
If stormwater controls or BMPs are accepted by the Borough
for dedication, the Borough may require persons installing stormwater controls
or BMPs to pay a specified amount to the Borough Stormwater Control and BMP
Operation and Maintenance Fund to help defray costs of operations and maintenance
activities. The amount may be determined as follows:
E.
If a stormwater control or BMP is proposed that also
serves as a recreational facility (e.g., ball field or lake), the Borough
may adjust the amount due accordingly.
F.
The Borough may require applicants to pay a fee to the
Borough Stormwater Control and BMP Operation and Maintenance Fund to cover
long-term maintenance of stormwater controls and BMPs.
G.
The Borough may require applicants to pay a fee to the
Borough Stormwater Control and BMP Operation and Maintenance Fund to cover
stormwater related problems which may arise from the land development and
earth disturbance.