[Ord. 2005-9, 6/2/2005, § 701]
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of the BMP operations
and maintenance plan which describes how the permanent (e.g., post-construction)
stormwater BMPs will be properly operated and maintained.
[Ord. 2005-9, 6/2/2005, § 702]
1. The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater management BMPs, as follows:
[Amended by Ord. No. 2022-04, 10/6/2022]
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 the municipality, stormwater management BMPs may
also be dedicated to and maintained by the municipality.
B. If a plan includes operations and maintenance by a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater management
BMPs shall be the responsibility of the owner or private management
entity.
C. The municipality shall make the final determination on the continuing
operations and maintenance responsibilities. The municipality reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater management BMPs.
2. Responsibilities
of developers and landowners:
[Added by Ord. No. 2022-04, 10/6/2022]
A. Facilities,
areas, or structures used as stormwater management BMPs shall be enumerated
as permanent real estate appurtenances and recorded as a deed restriction
or restrictive covenant that runs with the land.
B. The
stormwater management BMP plan shall be recorded with the Recorder
of Deeds of Lehigh County and serve as a deed restriction or restrictive
covenant that runs with the land.
C. The
Township may take enforcement action against a landowner for any failure
to satisfy the provisions of this Chapter.
[Ord. 2005-9, 6/2/2005, § 703]
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operations and maintenance plan or
to allow the property to remain in a condition which does not conform
to an approved BMP operations and maintenance plan unless an exception
is granted in writing by the municipality.
[Ord. 2005-9, 6/2/2005, § 704]
1. The property owner shall sign an operations and maintenance agreement with the municipality covering all stormwater BMPs that are to be privately owned. The agreement shall include the terms of the format agreement referenced in
Appendix 23A-E of this Chapter
23A.
2. Other items may be included in the agreement where determined by
the municipality to be reasonable or necessary to guarantee the satisfactory
operation and maintenance of all permanent stormwater BMPs. The agreement
shall be subject to the review and approval of the municipality.
3. The owner
is responsible for operation and maintenance of the stormwater management
BMPs. If the owner fails to adhere to the stormwater facilities operation
and maintenance agreement, the Township may perform the services required
and charge the owner the cost of the Township's services and all other
Township costs resulting from the noncompliance. Nonpayment of Township
costs or Township fees may result in a lien against the property.
[Added by Ord. No. 2022-04, 10/6/2022]
[Ord. 2005-9, 6/2/2005, § 705]
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under §
23A-704.
[Ord. 2005-9, 6/2/2005, § 706]
1. The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds for Lehigh County, as applicable, within 90 days of approval
of the BMP operations plan by the municipality:
A. The operations and maintenance plan or a summary thereof.
B. Operations and maintenance agreements under §
23A-704.
2. The municipality may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply
with this section.
[Ord. 2005-9, 6/2/2005, § 707]
1. If stormwater management BMPs are accepted by the municipality for
dedication, the municipality may require persons installing stormwater
management BMPs to pay a specified amount to the Municipal Stormwater
BMP Operation and Maintenance Fund to help defray costs of operations
and maintenance activities. The amount may be determined as follows:
[Amended by Ord. No. 2022-04, 10/6/2022]
A. If the stormwater management BMP is to be privately owned and maintained,
the amount shall cover the cost of periodic inspections by the Township,
in perpetuity, as determined by the Township.
B. If the stormwater management BMP is to be owned and maintained by
the Township, the amount shall cover the estimated costs for operation
and maintenance, in perpetuity, as determined by the Township.
C. The
amount determined by the Township shall then be converted to net present
value.
2. If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the municipality may adjust the amount due accordingly.
[Added by Ord. No. 2022-04, 10/6/2022]
For stormwater management site plans that involve subdivision and/or land development, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management BMPs as required by the approved stormwater management site plan, this Chapter
23A, Chapter
22A, Subdivision and Land Development, and in accordance Sections 509, 510 and 511 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10509 through 10511.