[Ord. 2013-499, 7/10/2013]
1. 
The BMP operation and maintenance plan for the project site shall establish landowner responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:
A. 
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 Borough, stormwater BMPs may also, at the sole discretion of the Borough, be dedicated to and maintained by the Borough.
B. 
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. A BMP operation and maintenance agreement, in form and substance acceptable to the Borough Solicitor, shall be executed by the property owner and shall be recorded by the Borough at the property owner's expense. Notwithstanding any delegation of maintenance responsibilities by the owner to another person or entity, the property owner shall be and remain primarily responsible and liable for the satisfactory performance of and compliance with the BMP operation and maintenance plan.
2. 
Borough Council shall make the final determination as to whether the Borough will assume responsibility for the operations and maintenance of any or all stormwater BMPs.
[Ord. 2013-499, 7/10/2013]
1. 
The Borough Engineer shall review the BMP operation and maintenance plan for consistency with the purposes and requirements of this Chapter and any permits issued by DEP.
2. 
The Borough shall notify the applicant in writing within 45 days of operation and maintenance plan submission, as to whether the BMP operation and maintenance plan is acceptable.
3. 
The Borough may require an as-built survey of all stormwater BMPs and an explanation of any discrepancies with the operation and maintenance plan.
4. 
The Borough reserves the right to inspect stormwater BMPs at any time and from time to time to confirm compliance with the conditions specified in the approved operation and maintenance plan.
[Ord. 2013-499, 7/10/2013]
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operation and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved BMP operation and maintenance plan, unless an exception is granted in writing by Borough Council.
[Ord. 2013-499, 7/10/2013]
1. 
The property owner shall sign an operations and maintenance agreement with the Borough covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same in form and content as either the Declaration of Covenants, Easements and Restrictions Concerning Stormwater Facilities or the Operation and Maintenance (O&M) Agreement, which are in the appendixes to this Chapter, shall be in recordable form, and shall be recorded.[1] The choice of agreement to be signed by the property owner shall be determined by the Borough upon advice of the Borough Solicitor.
[1]
Editor's Note: See Appendixes C and E, respectively, both of which are included as attachments to this chapter.
2. 
Additional provisions may be included in the operation and maintenance agreement, if determined by the Borough to be necessary to guarantee the satisfactory operation and maintenance of all stormwater BMPs. The agreement shall be subject to the review and approval of Borough Council, upon advice of the Borough Engineer and, if requested by the Borough, the Borough Solicitor.
[Ord. 2013-499, 7/10/2013]
1. 
Stormwater management easements, in form and substance acceptable to the Borough Solicitor, shall be required for all areas used for off-site stormwater control, unless a waiver is granted by the Borough Council.
2. 
Stormwater management easements shall be provided by the property owner for access, ingress to and egress from the property 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 Part 5 of this Chapter.
[Ord. 2013-499, 7/10/2013]
1. 
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operation and maintenance plan, shall execute and deliver to the Borough, within 15 days of approval of the BMP operation plan by the Borough, each of the following documents, which shall be recorded in the Office of the Recorder of Deeds for Montgomery County. If the owner has submitted a subdivision or land development plan in accordance with Chapter 22 of the Code of Ordinances, then the ninety-day time period set forth in Chapter 22 shall apply in lieu of the fifteen-day time period set forth above.
A. 
The operation and maintenance plan and all notes pertaining thereof;
B. 
The BMP operation and maintenance agreement described in § 19-504;
C. 
All easement agreements described in § 19-505; and
D. 
Any deeds of dedication or other similar documents.
2. 
Borough Council may suspend or revoke any approvals previously granted for the project site upon the failure of the owner to comply with any requirement of this Part.
[Ord. 2013-499, 7/10/2013]
1. 
If stormwater BMPs are accepted by the Borough for dedication, the Borough may require persons installing stormwater BMPs to pay a specified amount to the Borough Stormwater BMP Operation and Maintenance Fund, to help defray the costs of operations and maintenance activities. The amount to be paid shall be determined as follows:
A. 
If the BMP is to be owned and maintained by the Borough, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Borough.
B. 
The amount shall then be converted to present worth of the annual series values.
2. 
If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough may adjust the amount due accordingly.
[Ord. 2013-499, 7/10/2013]
1. 
DEP or its designee (e.g., County Conservation District) will ensure compliance with any permits issued for stormwater management. In addition to DEP compliance programs, the Borough or its designee may inspect all phases of the construction, operation, maintenance and implementation of stormwater BMPs.
2. 
During any stage of regulated earth disturbance activities, if the Borough or its designee determines that any BMPs are not being implemented in accordance with this Chapter, the Borough may suspend or revoke any existing permits or other approvals until the deficiencies are corrected to the Borough's satisfaction upon advice of the Borough Engineer.
[Ord. 2013-499, 7/10/2013]
1. 
Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs in regard to any aspect governed by this Chapter.
2. 
BMP owners and operators shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this Chapter.
3. 
Persons working on behalf of the Borough shall have the right to temporarily locate on any BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.
4. 
Unreasonable delays in allowing the Borough access to a BMP is a violation of this Chapter.