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 facilities as
required by the approved SWM site plan. The amount of the guarantee
shall be equal to or greater than the full construction cost of the
required controls.
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 Montgomery County, within
90 days of approval of the stormwater facility and BMP O&M plan
by the municipality:
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 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 on twenty-four-inch by thirty-six-inch
sheets. The contents of the map(s) shall include, but not be limited
to:
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved;
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 operations and maintenance;
A statement, signed by the landowner, acknowledging that the stormwater
facilities and BMPs are fixtures that can be altered or removed only
after approval by the municipality.
The stormwater control 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:
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.
If a plan includes operation and maintenance by a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, the O&M of stormwater controls and BMPs shall
be the responsibility of the owner or private management entity.
The municipality shall make the final determination on the continuing
operation and maintenance responsibilities prior to final approval
of the stormwater management site plan. The municipality reserves
the right to accept or reject the O&M responsibility for any or
all portions of the stormwater controls and BMPs.
The municipality's approval letter will indicate whether or not "record
drawings" of all stormwater controls and BMPs are required, including
a final "as-built" O&M 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.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all stormwater
facilities and BMPs. The O&M agreement shall be subject to the
review and approval of the municipality.
The owner is responsible for 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.
The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance or the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.