A.
No regulated earth disturbance activities within the
municipality shall commence until approval by the municipality of
a BMP operations and maintenance plan which describes how the permanent
(e.g., postconstruction) stormwater BMPs will be properly operated
and maintained.
B.
The following items shall be included in the 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, and submitted on twenty-four-inch by thirty-six-inch
or thirty-inch by forty-two-inch sheets. The contents of the maps(s)
shall include but not be limited to:
(a)
Clear identification of the location and nature
of permanent stormwater 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 waterlines 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 BMPs that would provide ingress to and egress from a public
right-of-way.
(2)
A description of how each permanent stormwater BMP
will be operated and maintained, and the identity of 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.
(4)
A statement, signed by the landowner, acknowledging
that the stormwater BMPs are fixtures that can be altered or removed
only after approval by the municipality.
A.
The BMP operations and maintenance plan for the project
site shall establish responsibilities for the continuing operation
and maintenance of all permanent stormwater 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 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 BMPs shall be the responsibility of the owner or private
management entity.
B.
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 BMPs.
A.
The municipality shall review the 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 the BMP operations and maintenance plan is approved.
C.
The municipality may require an "as-built survey"
of all stormwater BMPs, and an explanation of any discrepancies with
the operations and maintenance plan.
It shall be unlawful to alter or remove any
permanent stormwater BMP required by an approved BMP operations and
maintenance plan, or to allow the property to remain in a condition
which does not conform to an approved BMP operations and maintenance
plan, unless an exception is granted in writing by the municipality.
A.
The property owner shall sign an operations and maintenance
agreement with the municipality covering all stormwater BMPs that
are to be privately owned. The agreement shall be substantially the
same as the agreement in Appendix B[1] of this chapter.
[1]
Editor's Note: Appendix B is on file in Borough
offices.
B.
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory operation and maintenance
of all permanent stormwater 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 property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 94-22.
A.
The owner of any land upon which permanent BMPs will
be placed, constructed or implemented, as described in the 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 BMP operations plan by the municipality:
B.
The municipality may suspend or revoke any approvals
granted for the project site upon discovery of the failure of the
owner to comply with this section.
A.
If stormwater BMPs are accepted by the municipality
for dedication, the municipality may require persons installing stormwater
BMPs to pay a specified amount to the Municipal Stormwater BMP Operation
and Maintenance Fund, to help defray costs of operations and maintenance
activities. The amount may be determined as follows:
B.
If a BMP is proposed that also serves as a recreation
facility (e.g. ball field, lake), the municipality may adjust the
amount due accordingly.
