The following shall apply to all regulated activities in accordance with the requirements of the subsequent sections of this Article VII.
A.
Continuing operations and maintenance responsibilities of all permanent
BMPs, conveyances, or other stormwater management facilities shall
be reviewed and approved by the municipality along with the SWM site
plan. The municipality may require an offer of a dedication of such
facilities as part of the requirements for approval of the SWM site
plan. Such a requirement is not an indication that the municipality
will accept the facilities. The municipality reserves the right to
accept or reject the operations and maintenance responsibility for
any portion of or all of the BMPs, conveyances or other stormwater
controls and facilities.
B.
An operation and maintenance (O&M) plan shall be submitted to
the municipality for review and approval for all existing and proposed
permanent BMPs and man-made conveyances or other stormwater facilities
identified in the SWM site plan. Multiple BMPs or conveyances may
be addressed by a combined O&M plan where all such facilities
are similar in O&M requirements and ownership.
C.
The O&M plans and O&M agreements shall name the person identified
in the SWM site plan who shall be the owner of and be responsible
for ongoing inspections, operation, repair, and maintenance of each
BMP or conveyance following completion of construction.
D.
For any BMP or man-made conveyance (including any to be located on
any property other than the property being developed by the applicant)
to be owned by a person other than the municipality:
(1)
An O&M agreement shall be submitted to the municipality for review
and approval; and
(2)
The O&M plan shall be attached to, incorporated within, and recorded
as a public record along with a fully executed O&M agreement,
all of which shall be recorded as a restrictive covenant that runs
with the land and shall be binding upon the landowner and any heirs,
administrators, successors in interest or assigns of the landowner.
E.
The following shall be provided for all BMPs and conveyances (including
any to be located on any property other than the property being developed
by the applicant) by an O&M or other agreement or by otherwise
establishing covenants, easements, deed restrictions, or by dedication
to the municipality:
(1)
Permanent protection of the BMP or conveyance from disturbance or
alteration;
(2)
Right of entry and access for the municipality for inspection and enforcement of this chapter (including § 165-48G) and any applicable O&M plan or O&M agreement; and
(3)
Right of entry and access for the person owning the BMP or conveyance and responsible for fulfilling the O&M requirements when that person is not the municipality and is different from the owner of the property on which the BMP or conveyance is located (such as may be applicable for § 165-15G of this chapter).
F.
All O&M and other agreements, covenants, easements and deed restrictions
shall:
(1)
Be submitted to the municipality for review and approval;
(2)
Be recorded as a public record, upon approval, against each parcel
which is part of the SWM site plan or otherwise contains any BMP or
conveyance comprising part of the regulated activity which is the
subject of an O&M agreement; and
(3)
Run with the land and be binding upon the landowner, its heirs, administrators,
successors in interest, and assigns.
G.
The materials, documents and content required by this Article VII may be prepared in conjunction with and incorporated with similar materials, documents and content required for other permit or approval applications, such as those required by PADEP for the postconstruction stormwater management plan.
The following items shall be included in the O&M plan, unless
otherwise approved by the Municipal Engineer:
A.
A plan sheet(s) or map(s) showing each BMP and man-made conveyance,
which shall include but not be limited to:
(1)
Property identification (owner name and address; and property address
and/or lot and/or tax parcel number, etc.), property boundaries and
tax parcel number of the land parcel on which the BMP or conveyance
is located.
(2)
Name, address, phone number, date prepared, signature and seal of
the licensed professional responsible for preparation of the plan
sheet or map.
(3)
Clear identification of the location, dimensions, and function of
each BMP or conveyance covered by the O&M plan.
(4)
The location of each BMP and conveyance relative to roadways, property
boundaries, or other identifiable landmarks and existing natural drainage
features such as streams, lakes, ponds, or other bodies of water within
the immediate vicinity of, or receiving discharge from, the BMP or
conveyance.
(5)
Delineation of the land area, structures, impervious surfaces and
conveyances draining to and from the BMP.
(6)
Representative elevations and/or topographic contours at intervals
of two feet, or other as acceptable to the Municipal Engineer.
(7)
Other features including FEMA floodplain and floodway boundaries,
sinkholes, etc., located within the immediate proximity of each BMP
and conveyance.
(8)
Locations of areas of vegetation to be managed or preserved that
function as a BMP or conveyance.
(9)
The locations of all surface and subsurface utilities, on-lot waste
water facilities, sanitary sewers, and water lines within 20 feet
of each BMP or conveyance.
(10)
The following as it pertains to any easements, covenants and
deed restrictions established for each applicable BMP or conveyance:
(a)
Boundaries, delineated with bearings and distances shown, that
encompass the BMP or conveyance and that includes a ten-foot perimeter
area surrounding these features and sufficient vehicular ingress to
and egress from a public right-of-way and roadway;
(b)
Labels specifying the type and purpose of the easement, covenant,
or deed restriction and who it benefits; and
(c)
Labels with reference to any corresponding easement agreement,
covenant, deed restriction or other document to be recorded.
(11)
The plan sheet or map shall be prepared at sufficient scale
for municipal review, and ultimately for use by the person responsible
for operation and maintenance, and shall also be prepared at a legible
scale that meets the requirements for recordation along with (and
as an attachment to) the O&M agreement and O&M plan at the
Chester County Office of the Recorder of Deeds.
B.
The following information shall be included in the O&M plan and
written in a manner consistent with the knowledge and understanding
of the person who will be responsible for the maintenance activities:
(1)
The name and address of the following:
(a)
The property on which each BMP or conveyance is located;
(b)
The owner of the property;
(c)
The owner of each stormwater BMP or conveyance who is responsible
for implementation of the O&M plan;
(d)
The person responsible for maintaining adequate liability insurance
and payment of taxes; and
(e)
The person preparing the O&M plan.
(2)
A description of each BMP and conveyance and how the BMPs and conveyances
are intended to function.
(3)
A description of actions necessary to operate, inspect, and maintain
each BMP or conveyance, including but not limited to:
(4)
The following statement shall be included:
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The landowner acknowledges that, per the provisions of the municipality's
Stormwater Management Ordinance, it is unlawful to modify, remove,
fill, landscape, alter or impair the effectiveness of, or place any
structure, other vegetation, yard waste, brush cuttings, or other
waste or debris into, any permanent stormwater management BMP or conveyance
described in this O&M plan or to allow the BMP or conveyance to
exist in a condition which does not conform to this O&M plan,
without written approval from the municipality.
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(5)
Inspection and maintenance schedules.
(6)
Explanation of the purpose and limitations of any easements, covenants,
or deed restrictions associated with any BMP or conveyance that are
to be recorded against the property.
C.
A statement that no BMP or man-made conveyance may be used by the
owner or others for any purpose other than its intended stormwater
control function or, if approved by the Municipal Engineer, a statement
of specific allowable uses of the BMP (i.e., recreational benefits
that may be associated with certain BMPs owned by a homeowners'
association or allowable uses by an individual residential landowner).
D.
A statement that establishes a reasonable time frame for remedy of
deficiencies found by the owner during their inspections.
A.
An O&M agreement shall be required for any BMP or man-made conveyance
to be owned by a person other than the municipality, and the Agreement
shall:
(1)
Be between the owner of the BMP or conveyance and the municipality and shall be substantially the same as the O&M agreement in Appendix E;[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
(2)
Incorporate the approved O&M plan(s) for all BMPs or conveyances
to be covered by the O&M agreement;
(3)
Set forth the rights, duties and obligations of the owner of the
BMP or conveyance and the municipality and be consistent with the
approved O&M plan(s);
(4)
Be recorded as a deed restriction or restrictive covenant that runs
with the land and shall be binding upon the landowner, its heirs,
administrators, successors in interest, and assigns;
(5)
Be submitted to the municipality for review prior to approval of
the SWM site plan;
(6)
Upon approval by the municipality, be signed by the designated owner
of the BMP or conveyance and submitted for signature by the municipality;
and
(7)
When fully executed, be recorded by the landowner at the Chester
County Office of the Recorder of Deeds following municipal approval
of the O&M plan and prior to the start of construction.
B.
Other items or conditions may be required by the municipality to
be included in the O&M agreement where determined necessary by
the municipality to guarantee the satisfactory operation and maintenance
of all permanent BMPs and conveyances.
C.
After approval of the final as-built plans per the requirements of Article V, the applicant shall review and, if necessary and if required by the municipality, revise and re-record the O&M plan and O&M agreement to reflect the final as-built conditions of each BMP and conveyance if different from the information included in the original recorded documents.
A.
Easements shall be established in connection with any regulated activity
for all permanent BMPs and conveyances that will not be dedicated
to or otherwise owned by the municipality (including any to be located
on any property other than the property being developed by the applicant)
and shall:
(1)
Include all land area occupied by each BMP or conveyance;
(2)
Include ten-foot-wide perimeter (or other width as determined in
consultation with the Municipal Engineer) surrounding the feature(s);
(3)
Provide sufficient vehicular ingress and egress from a public right-of-way
and roadway;
(4)
Permanently protect every BMP and conveyance from disturbance or
alteration where not otherwise protected by a recorded O&M agreement,
covenant, deed restriction or other means;
(5)
Grant the municipality the right, but not the duty, to access every
BMP and conveyance from a public right-of-way or public roadway to
conduct periodic inspections and to undertake other actions that may
be necessary to enforce the requirements of this chapter or of any
applicable O&M plan or O&M agreement; where roadways will
not be dedicated to the municipality, the municipality shall be granted
access to the private roadways as necessary to access every BMP and
conveyance;
(6)
Grant the owner of each BMP and conveyance the right to access, inspect,
operate, maintain, and repair the BMP or conveyance when the feature
is to be owned, operated and maintained by a person other than the
municipality and other than the owner of the parcel on which it is
located;
(7)
Be shown, with bearings and distances noted, on the SWM site plan
map/plan sheets, O&M plan map/plan sheets and final as-built plans,
and be signed and sealed by a qualified licensed professional;
(8)
Include language legally sufficient to ensure that the easement shall
run with the land and bind the landowner granting the easement, its
heirs, administrators, successors in interest and assigns, into perpetuity;
and
(9)
Be recorded at the Chester County Office of the Recorder of Deeds
following municipal approval and prior to the start of construction.
B.
For any BMP or conveyance to be owned by a person other than the
municipality or the landowner owning the parcel upon which a BMP or
conveyance is located, an easement agreement shall be prepared and
executed between the landowner and the owner of the BMP or conveyance
which shall:
(1)
Describe the ownership interests of all parties to the easement agreement,
including the ownership of the BMP or conveyance;
(2)
Include a written legal (metes and bounds) description of the easement
area, with reference to a recorded plan sheet showing the legal boundaries
of the easement area (or an accompanying plan sheet/map), signed and
sealed by a qualified licensed professional;
(3)
Grant an easement from the landowner to the owner of each BMP and
conveyance, establishing the right and obligation to occupy, access,
inspect, operate, maintain, and repair the BMP or conveyance;
(4)
Include a description of the purpose of the easement and the responsibilities
of the parties involved;
(5)
Incorporate by reference, or be recorded with, the corresponding
O&M plan and O&M agreement;
(6)
Restrict the landowner's use of the easement area of the parcel
on which the BMP or conveyance is located, consistent with the rights
granted to the owner of the BMP or conveyance;
(7)
Be submitted to the municipality for review and approval prior to
approval of the SWM site plan;
(8)
Upon approval by the municipality, be signed by the owner of the
BMP(s) or conveyance(s) and the landowner and submitted for signature
by the municipality;
(9)
Include language legally sufficient to ensure that the easement will
run with the land affected by the easement and that the easement agreement
is binding upon the parties to the easement agreement, their heirs,
administrators, successors in interest and assigns, into perpetuity;
(10)
Contain additional provisions or information as required by
the municipality; and
(11)
When fully executed, be recorded by the landowner at the Chester
County Office of the Recorder of Deeds against all parcels affected
by the terms of the easement agreement, within 30 days of the municipality's
approval of the corresponding O&M plan.
C.
For any BMP or conveyance which is designed to receive runoff from another parcel or parcels and which is owned by the landowner of the parcel upon which the BMP or conveyance is located, in addition to any easement or easement agreement required pursuant to § 165-39A or B, an easement agreement shall be prepared and executed between the landowner of the parcel or parcels draining to the BMP or conveyance and the owner of the BMP or conveyance. This easement agreement shall:
(1)
Describe the ownership interests of all parties to the easement agreement,
including the ownership of all affected parcels and of the BMP or
conveyance;
(2)
Provide for the grant of a drainage easement from the owner of the
BMP or conveyance to the landowner of the parcel(s) draining to the
BMP, which shall extend from the shared parcel boundaries to the receiving
BMP and shall include the connecting flow path(s) or conveyance;
(3)
Include a written legal (metes and bounds) description of the easement
area, with reference to a recorded plan sheet showing the legal boundaries
of the easement area (or an accompanying plan sheet/map), signed and
sealed by a licensed professional.
(4)
Incorporate by reference, or be recorded with, the corresponding
O&M plan and O&M agreement;
(5)
State that the purpose of the easement agreement is to ensure the
continuous right of the discharging parcel to discharge onto the parcel
containing the BMP and into the BMP or conveyance;
(6)
Restrict the BMP or conveyance owner's use of the easement area
of the parcel upon which the BMP or conveyance is located, consistent
with the purpose of the easement granted;
(7)
Establish the duty and responsibility of the landowner of the parcel
or parcels draining to the BMP or conveyance to maintain the existing
drainages on the discharging parcel or parcels as designed and constructed
to discharge to the receiving BMP;
(8)
Include language legally sufficient to ensure that the easement will
run with the land and will bind all parties to the easement agreement,
their heirs, administrators, successors in interest and assigns, into
perpetuity;
(9)
Be submitted to the municipality for review and approval prior to
approval of the SWM site plan;
(10)
Contain all additional provisions or information as the municipality
may require upon review; and
(11)
Be executed by the parties to the easement agreement and recorded
at the Chester County Recorder of Deeds Office against the draining
parcel(s) and the parcel upon which the BMP or conveyance is located,
within 30 days of the municipality's approval of the corresponding
O&M plan.
D.
For any area shown on the SWM site plan maps/plan sheets or as-built
plan sheets as requiring, or area that is otherwise determined to
require, deed restriction(s) for the purpose of protecting and prohibiting
disturbance to a BMP or conveyance, such deed restrictions will be
incorporated into a written deed, restrictive covenant, or equivalent
document. The deed or other document shall:
(1)
Include a clear and understandable description of the purpose, terms
and conditions of the restricted use;
(2)
Include the written legal description (metes and bounds description)
of the area to which the restrictions apply that is consistent with
the boundary shown on the O&M plan sheets and SWM site plan maps/plan
sheets;
(3)
Make reference to any corresponding O&M plan(s) and O&M agreement(s);
(4)
Include language legally sufficient to ensure that the terms of the
restriction run with the land and shall be binding upon the landowner,
its heirs, administrators, successors in interest, and assigns;
(5)
Be submitted to the municipality for review and approval prior to
approval of the SWM site plan;
(6)
Upon approval by the municipality, be signed by the landowner and
owner of the BMP or conveyance and submitted to the municipality;
and
(7)
Be fully executed and recorded at the Chester County Office of the
Recorder of Deeds within 30 days of the municipality's approval
of the O&M plan.
A.
The provisions of § 165-45 of this chapter shall apply to any permanent BMP or conveyance that is constructed as part of an approved SWM site plan or covered by an approved O&M plan.
B.
The person responsible for the operation and maintenance of a BMP
or conveyance shall make records of the installation and of all maintenance
and repairs and shall retain the records for at least 10 years. These
records shall be submitted to the municipality, if requested.
C.
Upon final inspection, the municipality shall inform the person responsible
for the operation and maintenance whether the submission of periodic
(annual or other frequency) inspection and maintenance reports will
be required.
D.
The owner of each BMP and conveyance shall keep on file with the
municipality the name, address, and telephone number of the person
responsible for maintenance activities and implementation of the O&M
plan. In the event of a change, new information shall be submitted
by the BMP or conveyance owner to the municipality within 30 calendar
days of the change.
A.
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Municipal Stormwater Control and
BMP Operation and Maintenance Fund to help cover the costs of periodic
inspections and maintenance expenses. The amount of the deposit shall
be determined as follows:
(1)
If the BMP or conveyance is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality, as estimated by the Municipal Engineer, for a
period of 10 years. This is to be paid in a manner specified by the
municipality. After that period of time, inspections will be performed
at the expense of the municipality.
(2)
If the BMP or conveyance is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The municipality will establish the estimated costs
utilizing information submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The municipality shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
B.
If a BMP or conveyance is proposed that also serves as a recreational
facility (e.g., ball field or lake), the municipality may reduce or
waive the amount of the maintenance fund deposit based upon the value
of the land for public recreational purpose.
C.
If at some future time, a BMP or conveyance (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.
D.
If a BMP or conveyance is accepted by the municipality for dedication,
the municipality may require persons installing the BMP or conveyance
to pay a specified amount to the Municipal Stormwater Control and
BMP Operation and Maintenance Fund to help cover the costs of operations
and maintenance activities. The amount may be determined as follows:
