The applicant should provide a financial guarantee
to New Hope Borough for the timely installation and proper construction
of all stormwater management controls as required by the approved
Delaware River South Stormwater Management Plan and this chapter equal
to the full construction and municipal inspection costs of the required
controls.
A.
The drainage plan for the development site shall contain
an operation and maintenance plan prepared by the applicant and approved
by the Municipal Engineer. The operation and maintenance plan shall
outline required routine maintenance actions and schedules necessary
to ensure proper operation of the facility(ies).
B.
The drainage plan for the development site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
(1)
If a development consists of 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
control facilities may also be dedicated to and maintained by New
Hope Borough.
(2)
If a development site is to be maintained in a single
ownership or if sewers and other public improvements are to be privately
owned and maintained, then the ownership and maintenance of stormwater
control facilities may be the responsibility of the owner or private
management entity.
C.
New Hope Borough, upon recommendation of the Municipal
Engineer, shall make the final determination on the continuing maintenance
responsibilities prior to final approval of the drainage plan. The
municipality reserves the right to accept the ownership and operating
responsibility for any or all of the stormwater management controls.
D.
Facilities,
areas, or structures used as SWM BMPs shall be enumerated as permanent
real estate appurtenances and recorded as deed restrictions or conservation
easements that run with the land.
[Added 9-20-2022 by Ord. No. 2022-04]
E.
The O&M
plan shall be recorded as a restrictive deed covenant that runs with
the land.
[Added 9-20-2022 by Ord. No. 2022-04]
F.
Municipality
may take enforcement actions against an owner for any failure to satisfy
the provisions of this article.
[Added 9-20-2022 by Ord. No. 2022-04]
A.
Prior to final approval of the site's stormwater management
plan, the applicant shall sign and record the maintenance agreement
contained in Appendix A herein,[1] which is attached and made part hereof, covering all stormwater
control facilities that are to be privately owned. The Borough Solicitor
shall have authority to revise and amend the maintenance agreement
in Appendix A, as he or she shall require to fit the particular circumstances
of each project.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory maintenance of
all facilities. The maintenance agreement for each project shall be
subject to the review and approval of the New Hope Borough Engineer
and Solicitor.
C.
The owner
is responsible for operation and maintenance (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.
[Added 9-20-2022 by Ord. No. 2022-04]
A.
Persons installing stormwater management facilities
and best management practices shall be required to pay a specified
amount to the municipal stormwater maintenance fund to help defray
costs of periodic inspections and maintenance expenses. The amount
of the contribution shall be determined as follows:
(1)
If the stormwater management facilities and best management
practices are to be privately owned and maintained, the contribution
shall cover the cost of periodic inspections performed by the municipality
for a period of 10 years, as estimated by the Municipal Engineer.
After that period of time, inspections will be performed at the expense
of New Hope Borough.
(2)
If the stormwater management facilities and best management
practices facilities are to be owned and maintained by the municipality,
the contribution shall cover the estimated costs for maintenance and
inspections for 10 years. The Municipal Engineer will establish the
estimated costs utilizing information submitted by the applicant.
(3)
The amount of the contribution to the fund shall be
converted to present worth of the annual series values. The Municipal
Engineer shall determine the present worth equivalents, which shall
be subject to the approval of the municipal governing body.
B.
If a stormwater management facility and best management
practices facility are proposed that also serve as a recreation facility
(e.g., ballfield, lake), New Hope Borough may reduce or waive the
amount of the maintenance fund contribution based upon the value of
the land for public recreation purpose.
A.
All plans shall include a plan note stating that New
Hope Borough shall have the right to enter private property to inspect
and repair, if necessary, any stormwater management facility.
B.
All plans shall note that the stormwater management
facilities are a permanent part of the development and shall not be
removed, altered, or modified.
