[Ord. 1-2012, 9/19/2012, § 701]
1.
For all activities requiring submittal of a SWM site plan, the applicant
shall provide a financial guarantee to the Township for the timely
installation and proper construction of all stormwater management
facilities as:
2.
For other regulated activities, the Township may require a financial
guarantee from the applicant.
[Ord. 1-2012, 9/19/2012, § 702]
1.
The SWM site plan shall include a BMP operations and maintenance
plan that describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated, inspected, and maintained.
2.
Establish access easements that include all significant stormwater
controls, conveyances, and BMPs, and indicate a fifteen-foot perimeter
area surrounding these features that will provide the Township sufficient
ingress to and egress from a public right-of-way.
3.
The following items shall be included in the stormwater control and
BMP operations and maintenance plan, as applicable:
A.
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Delaware
County, shall be submitted on twenty-four-inch by thirty-six-inch
sheets. The contents of the maps(s) shall include, but not be limited
to:
(1)
Clear identification of the location and nature of permanent
stormwater controls and BMPs.
(2)
The location of the project site relative to highways, Township
boundaries, or other identifiable landmarks.
(3)
Existing and final contours at intervals of two feet, or others
as appropriate.
(4)
Existing streams, lakes, ponds, or other bodies of water within
the project site area.
(5)
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved.
(6)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
(7)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
(8)
Proposed final structures, roads, paved areas, and buildings.
(9)
Access easement boundaries.
B.
A description of how each permanent stormwater control and BMP will
be operated and maintained.
C.
The identity and contact information associated with the person(s)
responsible for operations and maintenance.
D.
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.
E.
A statement, signed by the landowner, acknowledging that the stormwater
controls and BMPs are fixtures that can be altered or removed only
after approval by the Township.
4.
The stormwater control and BMP operations and maintenance plan for
the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs, as follows:
A.
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, stormwater controls and BMPs may, at
the Township's discretion, also be dedicated to and maintained by
the Township.
B.
If a plan includes operations and maintenance by a single owner or
if sewers and other public improvements are to be privately owned
and maintained, the operations and maintenance of stormwater controls
and BMPs shall be the responsibility of the landowner.
5.
The Township will make the final determination on the continuing
operations and maintenance responsibilities. The Township reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
[Ord. 1-2012, 9/19/2012, § 703]
1.
The Township will review the stormwater control and BMP operations
and maintenance plan for consistency with this chapter and any permits
issued by PADEP.
2.
The Township will notify the applicant in writing whether or not
the stormwater control and BMP operations and maintenance plan is
approved.
[Ord. 1-2012, 9/19/2012, § 704]
Operations and Maintenance Plan. It shall be unlawful to alter
or remove any permanent stormwater control and BMP required by an
approved stormwater control and BMP operations and maintenance plan
or to allow the property to remain in a condition which does not conform
to an approved stormwater control and BMP operations and maintenance
plan.
[Ord. 1-2012, 9/19/2012, § 705]
1.
Prior to final approval of the site's SWM site plan (including plans
for private facilities constructed under the Simplified Method), the
applicant shall sign and record an operations and maintenance agreement
with The Township covering all stormwater controls and BMPs that are
to be privately owned (refer to Appendix 19-I). The maintenance agreement
shall be transferred with transfer of ownership in perpetuity. The
agreement shall be substantially the same as the agreement in Appendix
19-I of this chapter.
2.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the Township.
[Ord. 1-2012, 9/19/2012, § 706]
1.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Township.
2.
Stormwater management easements shall be provided to the Township by the applicant or property owner for access for inspections and maintenance, the preservation of stormwater runoff conveyance, infiltration, and detention areas, and for other stormwater controls. The purpose of the easement shall be specified in any agreement under § 19-705.
[Ord. 1-2012, 9/19/2012, § 707]
1.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, implemented, or permanently maintained,
as described in the stormwater control and BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds of Delaware County, within 15 days of approval of the stormwater
control and BMP operations and maintenance plan by the Township:
2.
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 section.
[Added by Ord. No. 3-2022, 9/21/2022]
1.
The Township
shall inspect all BMPs for proper O&M for the first three years
after construction and implementation. Landowners responsible for
the O&M of BMPs shall deposit with the Township an amount determined
by the Township Engineer to be sufficient to cover the costs of annual
Township inspections. In addition, the persons responsible for the
O&M of the BMPs shall perform or pay the cost of performing any
maintenance to the BMPs determined necessary by the Township.
2.
Following the third anniversary inspection performed by the Township pursuant to Subsection 1, above, landowners responsible for the O&M of BMPs shall perform inspections of the BMPs according to the following frequencies at a minimum, to ensure BMPs, facilities and/or structures continue to function as intended:
A.
Annually
for the first five years;
B.
Once
every three years thereafter; and
C.
During
or immediately after the cessation of a major storm event, defined
as three inches of rain within a twenty-four-hour period, or greater,
as determined by the Township Engineer. While the above-referenced
major storm event inspection is always required, inspection reports
for inspections during or after the cessation of a major storm event
are only required to be submitted if requested by the Township or
Township Engineer.
3.
Inspections should be conducted during or immediately following precipitation events or in dry weather conditions if the BMP design parameters include dewatering within a specified period of time. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, stormwater management facility or structure inspection, observations on performance, and recommendations for improving performance, if applicable. Inspection reports for Subsection 2A and B above shall be submitted to the Township within 30 days following completion of the inspection.
4.
The landowner
shall under all circumstances be responsible to perform or pay the
cost of performing any maintenance to the BMPs determined necessary
by the inspections required under this section.
