A.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Township for the timely installation
and proper construction of all stormwater management facilities as
required by the approved SWM site plan and this chapter in accordance
with the provisions of Sections 509, 510 and 511 of the Pennsylvania
Municipalities Planning Code.[1] The amount of the guarantee shall be equal to or greater
than the full construction cost of the required controls.
[Amended 9-12-2022 by Ord. No. 1733]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510
and 10511.
B.
For other regulated activities, the Township may require a financial
guarantee from the applicant.
A.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in an 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 O&M
plan by the Township:
B.
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 chapter.
C.
The following items shall be included in the O&M 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, shall be submitted on_____-inch by _____-inch sheets. The
contents of the map(s) shall include, but not be limited to:
(a)
Clear identification of the location and nature of stormwater
controls and BMPs;
(b)
The location of the project site relative to highways, Township
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 existing and proposed utilities, sanitary sewers,
and water lines 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 blanket easement for all stormwater controls and BMPs that
would provide ingress to and egress from a public right-of-way.
(2)
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;
(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; and
(4)
A statement, signed by the landowner, acknowledging that the stormwater
facilities and BMPs are fixtures that cannot be altered or removed
without prior approval by the Township.
D.
The O&M plan for the project site shall establish responsibilities
for the continuing O&M of all stormwater facilities and BMPs,
as follows:
(1)
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, associated stormwater controls and BMPs
also may be offered to the Township and maintained by the Township
if accepted by the Township; Upper Moreland does not agree to accept
any stormwater facility by this chapter.
(2)
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, and inspections
required by permits, shall be the responsibility of the owner.
E.
The Township shall make the final determination on the continuing
O&M responsibilities. The municipality may require 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 Township reserves the right to accept
or reject the O&M responsibility for any or all of the stormwater
facilities and BMPs, and to require an easement for inspection and
repair at the owner's cost if privately owned.
[Amended 9-12-2022 by Ord. No. 1733]
F.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
G.
The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this article and this chapter.
H.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
[Added 9-12-2022 by Ord.
No. 1733]
A.
O&M plans shall be consistent with the requirements of this chapter.
B.
The Township will notify applicants, in writing, whether or not O&M
plans are approved.
C.
The Township'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.
A.
The owner shall sign an O&M agreement with the Township covering
all stormwater facilities and BMPs that are to be privately owned.
The O&M agreement shall be transferred with transfer of ownership,
as a covenant running with the land.
[Amended 9-12-2022 by Ord. No. 1733]
(1)
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
(2)
The owner shall convey to the Township conservation easements to
assure access for periodic inspections by the Township and maintenance,
as necessary.
(3)
The owner shall keep on file with the Township the name, address,
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information shall be submitted
by the owner to the Township within 10 working days of the change.
B.
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 Township.
C.
The owner is responsible for O&M of the SWM BMPs. If the owner
fails to adhere to the O&M agreement, the Township may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
A.
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan
and the O&M plan.
B.
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, together with granting the right to the Township to maintain
a stormwater management facility at the owner's expense if necessary.
