A.
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.
B.
For other regulated activities, the municipality 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 municipality:
B.
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 Part 2.
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. 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, municipal
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 drainagecourses, and areas of natural
vegetation to be preserved;
(f)
The locations of existing and proposed utilities, sanitary sewers,
and waterlines 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 fifteen-foot-wide access easement around 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 municipality.
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 offered for dedication to the municipality, associated stormwater
controls and BMPs also may be offered for dedication to and maintained
by the municipality;
(2)
Lower Moreland Township does not agree to accept any maintenance
responsibility for any stormwater facility by adopting this Part 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 municipality will 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, and to require an
easement for inspection and repair at the owner's expense.
F.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
A.
O&M plans shall be consistent with the requirements of this Part
2.
B.
The municipality will notify applicants in writing whether or not
O&M plans are approved.
C.
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.
A.
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,
as a covenant running with the land.
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 municipality.
C.
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.
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 should the owner fail to provide
proper operation of the facility. Further, the Township reserves the
right to recapture any costs expended from the facility owner.
