A.
For all activities requiring submittal of a SWM site plan, the applicant
shall provide a financial guarantee to the Township for the timely
installation and proper construction of all stormwater management
facilities as:
(1)
Required by the approved SWM site plan equal to or greater than the
full construction cost of the required facilities; or
B.
For other regulated activities, the Township may require a financial
guarantee from the applicant.
A.
O&M plan.
(1)
The SWM site plan shall include a BMP operations and maintenance
plan that describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated, inspected, and maintained.
(2)
Establish access easements that include all significant stormwater
controls, conveyances, and BMPs, and indicate a fifteen-foot perimeter
area surrounding these features that will provide the Township sufficient
ingress to and egress from a public right-of-way.
(3)
The following items shall be included in the stormwater control and
BMP operations and maintenance plan, as applicable:
(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 Delaware
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:
[1]
Clear identification of the location and nature of permanent
stormwater controls and BMPs;
[2]
The location of the project site relative to highways, Township
boundaries, or other identifiable landmarks;
[3]
Existing and final contours at intervals of two feet, or others
as appropriate;
[4]
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
[5]
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved;
[6]
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site;
[7]
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
[8]
Proposed final structures, roads, paved areas, and buildings;
and
[9]
Access easement boundaries.
(b)
A description of how each permanent stormwater control and BMP
will be operated and maintained;
(c)
The identity and contact information associated with the person(s)
responsible for operations and maintenance;
(d)
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
(e)
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 Newtown Township.
(4)
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:
(a)
If a plan includes structures or lots that are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the Township, stormwater controls and BMPs
may, at the Township's discretion, also be dedicated to and maintained
by the Township;
(b)
If a plan includes operations and maintenance by a single owner
or if sewers and other public improvements are to be privately owned
and maintained, the operations and maintenance of stormwater controls
and BMPs shall be the responsibility of the landowner.
(5)
The Township will make the final determination on continuing operations
and maintenance responsibilities. The Township reserves the right
to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
B.
Township review of a stormwater control and BMP operations and maintenance
plan.
(1)
The Township will review the stormwater control and BMP operations
and maintenance plan for consistency with this chapter and any permits
issued by DEP.
(2)
The Township will notify the applicant in writing whether or not
the stormwater control and BMP operations and maintenance plan is
approved.
(3)
The Township will require an as-built plan showing all constructed
stormwater controls and BMPs and an explanation of any discrepancies
with the approved operations and maintenance plan.
C.
Adherence to an approved stormwater control and BMP 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.
D.
Operations and maintenance agreement for privately owned stormwater
controls and BMPs.
(1)
Prior to final approval of the site's SWM site plan (including plans
for private facilities constructed under the simplified method), the
applicant shall sign and record an operations and maintenance agreement
with the Township covering all stormwater controls and BMPs that are
to be privately owned (refer to Appendix I).[1] The maintenance agreement shall be transferred with transfer
of ownership in perpetuity. The agreement shall be substantially the
same as the agreement in Appendix I of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
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 Township.
E.
Stormwater management easements.
(1)
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Township.
(2)
Stormwater management easements shall be dedicated to the Newtown
Township by the landowner inspection and/or maintenance access, the
preservation of stormwater runoff conveyance, infiltration, and detention
areas, and for other stormwater controls.
F.
Recording of an approved stormwater control and BMP operations and
maintenance plan and related agreements.
(1)
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, implemented, or permanently maintained,
as described in the stormwater control and BMP operations and maintenance
plan, shall record the following documents with the Office of the
Recorder of Deeds for Delaware County, within 15 days of approval
of the stormwater control and BMP operations and maintenance plan
by the Township:
(2)
The Township 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.
G.
Township Stormwater Control and BMP Operation and Maintenance Fund.
(1)
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Township 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:
(a)
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 Township, as estimated by the Township Engineer,
for a period of 10 years. The funds are to be paid in a manner specified
by the Township. After that period of time, inspections will be performed
at the expense of the Township.
(b)
If the stormwater control or BMP is to be owned and maintained
by the Township, the deposit shall cover the estimated costs for maintenance
and inspections for 10 years. The Township will establish the estimated
costs utilizing information submitted by the applicant.
(c)
The amount of the deposit to the fund shall be converted to
present worth of the annual series values. The Township shall determine
the present worth equivalents, which shall be subject to the approval
of the Board of Supervisors.
(d)
If a stormwater control or BMP is proposed that also serves
as a recreational facility (e.g., ball field or lake), the Township
may reduce or waive the amount of the maintenance fund deposit based
upon the value of the land for public recreational purpose.
(2)
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 or demolishing
the facility and connecting to the storm sewer system or other facility.
Any amount of the deposit remaining after the costs of abandonment
or demolition will be used for inspection, maintenance, and operation
of the receiving stormwater management system.
