[Ord. 2011-O-2, 5/25/2011, § 229]
1. For subdivisions and land developments the applicant shall provide
a financial guarantee to Newtown Township for the timely installation
and proper construction of all stormwater management facilities as:
A. Required by the approved stormwater management site plan equal to
or greater than the full construction cost of the required controls.
B. The amount and method of payment provided for in the Newtown Township SALDO [Chapter
22].
2. For other regulated activities, Newtown Township may require a financial
guarantee from the applicant.
3. Maintenance of all stormwater facilities and watercourses, both existing
and proposed, within any proposed subdivision or land development
shall be the responsibility of the developer until such time as one
of the following is accomplished:
A. An easement for these facilities is offered for dedication by the
developer and is accepted by the Township; it shall then be the responsibility
of the Township.
B. If a lot owner's easement acceptable to the Township is established,
the maintenance shall then be the responsibility of the individual
lot owners over whose property the easement passes. For land developments,
the maintenance shall then be the responsibility of the owner.
C. A homeowners association or other approved legal entity, approved
by the Township, assumes the responsibility for the maintenance of
the development, including the maintenance of the watercourses and/or
drainage facilities.
4. Whenever sedimentation is caused by an earth disturbance activity,
it shall be the responsibility of the person causing such sedimentation
to remove it from all affected surfaces, drainage systems and watercourses
on and off site and to repair any damage at his expense as quickly
as possible following a storm event.
5. Persons doing any earth disturbance on or across a watercourse, swale,
floodplain or right-of-way shall return such areas to their original
or equal condition after such activity is completed.
6. Upon the issuance of an approved earth disturbance permit, unless
maintenance responsibilities lie with the Township or a legal entity
approved by the Township, the owner of any property on which an excavation
or fill has been made shall maintain in good condition and repair
all retaining walls, cribbing, drainage structures, fences, landscaping
and any other protective devices.
[Ord. 2011-O-2, 5/25/2011, § 230]
1. No regulated activities within Newtown Township shall commence until
approval by Newtown Township of a stormwater management site plan
that describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated and maintained.
2. The owner of any land upon which permanent stormwater facilities
and BMPs will be placed, constructed or implemented, as described
in the stormwater management site plan, shall record the following
documents in the Office of the Recorder of Deeds for Bucks County,
within 15 days of approval of the stormwater management site plan
by Newtown Township:
A. Operations and maintenance agreements.
3. Newtown 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.
4. The stormwater management site plan for the project site shall establish
responsibilities for the continuing operation and maintenance of all
stormwater facilities and 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 Newtown Township, stormwater facilities and BMPs
may also be offered for dedication to and maintained by Newtown Township.
If the Township does not accept dedication of the BMPs, the owner,
homeowners association or private management entity shall be responsible
for the continued operation and maintenance of the BMPs.
5. Newtown Township shall make the final determination on the continuing
operations and maintenance responsibilities. Newtown Township reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
6. Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
7. The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this Part.
8. The operation and maintenance (O&M) agreement shall be recorded
as a restrictive deed covenant that runs with the land.
9. It shall be unlawful to alter or remove any permanent stormwater
facility and BMP required by an approved stormwater management site
plan or to allow the property to remain in a condition which does
not conform to an approved stormwater management site plan unless
an exception is granted in writing by the Township. A note shall be
placed on the plan stating this requirement.
10. Prior to final approval of the site's stormwater management site
plan, the applicant shall sign an operation and maintenance agreement
with Newtown Township covering all stormwater facilities and BMPs
that are to be privately owned. The maintenance agreement shall be
transferred with transfer of ownership. The agreement shall be substantially
the same as the agreement in Appendix A to this Part.
11. 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 agreement shall be subject to the review
and approval of Newtown Township.
12. The owner is responsible for the operation and maintenance of the
stormwater management BMPs. If the owner fails to adhere to the operations
and maintenance agreement, Newtown Township may perform the services
required and charge the owner appropriate fees and payment of fees.
Nonpayment of fees may result in a lien against the property.
[Ord. 2011-O-2, 5/25/2011, § 231]
1. Where stormwater or surface water will be gathered, discharged or
drained over lands within or beyond the boundaries of the subdivision
or land development, or within a proposed regulated activity site,
the applicant or owner shall reserve or obtain easements over all
lands affected thereby, provided that no easement or right-of-way
for drainage purposes exists on such affected land. Such easements
shall be adequate for such discharge of drainage and for the carrying
off of such water and for the maintenance, repair and reconstruction
of the same, including the right of passage over and upon the same
by vehicles, machinery and other equipment for such purposes, and
which shall be of sufficient width for such passage and work and that
would provide ingress to and egress from a public right-of-way. The
width of the easement shall be determined by the Township Engineer,
but in no case be less than 20 feet in width. The owner shall convey,
free of charge or cost, such easements to the Township upon demand.
2. Stormwater management easements shall be provided by the property
owner, if necessary, for:
A. Access for inspections and maintenance.
B. 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
§ 262.
3. All easements shall be fully described with metes and bounds on the
BMP operations and maintenance plan.
[Ord. 2011-O-2, 5/25/2011, § 232]
The applicant and/or developer shall be responsible for providing
as-built plans of all stormwater management BMPs included in the approved
stormwater management site plan required by a subdivision or land
development, or as deemed necessary by the Township. The as-built
plans and an explanation of any discrepancies, which were reviewed
and received approval by Newtown Township, shall be submitted to Newtown
Township. The as-built plans shall be submitted in paper and digital
(.dwg) formats.