[Ord. 183-2013, 12/2/2013, § 2]
1.
General Requirements for Protection, Operation and Maintenance of
Stormwater BMPs and Conveyances. The following shall apply to all
regulated activities in accordance with the requirements of the subsequent
sections of this Part:
A.
Continuing operations and maintenance responsibilities of all permanent
BMPs, conveyances, or other stormwater management facilities shall
be reviewed and approved by the Township along with the SWM site plan.
The Township may require an offer of 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 Township will accept the
facilities. The Township reserves the right to accept or reject the
operations and maintenance responsibility for any portion of or all
of the BMPs, conveyances or other stormwater controls and facilities.
B.
An operation and maintenance (O&M) plan shall be submitted to
the Township for review and approval for all existing and proposed
permanent BMPs and man-made conveyances or other stormwater facilities
identified in the SWM site plan. Multiple BMPs or conveyances may
be addressed by a combined O&M plan where all such facilities
are similar in O&M requirements and ownership.
C.
The O&M plan(s) and O&M agreement(s) shall name the person
identified in the SWM site plan who shall be the owner of and be responsible
for ongoing inspections, operation, repair, and maintenance of each
BMP or conveyance following completion of construction.
D.
For any BMP or man-made conveyance (including any to be located on
any property other than the property being developed by the applicant)
to be owned by a person other than the Township:
(1)
An O&M agreement shall be submitted to the Township for
review and approval.
(2)
The O&M plan shall be attached to, incorporated within,
and recorded as a public record along with a fully executed O&M
agreement, all of which shall be recorded as a restrictive covenant
that runs with the land and shall be binding upon the landowner and
any heirs, administrators, successors in interest or assigns of the
landowner.
E.
The following shall be provided for all BMPs and conveyances (including
any to be located on any property other than the property being developed
by the applicant) by an O&M or other agreement or by otherwise
establishing covenants, easements, deed restrictions, or by dedication
to the Township:
(1)
Permanent protection of the BMP or conveyance from disturbance
or alteration.
(2)
Right of entry and access for the Township for inspection and
enforcement of this Part and any applicable O&M plan or O&M
agreement.
(3)
Right of entry and access for the person owning the BMP or conveyance and responsible for fulfilling the O&M requirements when that person is not the Township and is different from the owner of the property on which the BMP or conveyance is located (such as may be applicable for § 23-303, Subsection 1C, of this Part).
F.
All O&M and other agreements, covenants, easements and deed restrictions
shall:
(1)
Be submitted to the Township for review and approval.
(2)
Be recorded as a public record, upon approval, against each
parcel(s) which is part of the SWM site plan or otherwise contains
any BMP or Conveyance comprising part of the regulated activity which
is the subject of an O&M agreement.
(3)
Run with the land and be binding upon the landowner, its heirs,
administrators, successors in interest, and assigns.
G.
The materials, documents and content required by this Part may be
prepared in conjunction with and incorporated with similar materials,
documents and content required for other permit or approval applications,
such as those required by PADEP for the post-construction stormwater
management plan.
2.
Operation and Maintenance Plans. The following items shall be included
in the O&M plan, unless otherwise approved by the Township Engineer:
A.
A plan sheet(s) or map(s) showing each BMP and man-made conveyance
and which shall include, but not be limited to:
(1)
Property(ies) identification (owner name and address; and property
address and/or lot and/or tax parcel number, etc.), property boundaries
and tax parcel number of the land parcel on which the BMP or conveyance
is located.
(2)
Name, address, phone number, date prepared, signature and seal
of the licensed professional responsible for preparation of the plan
sheet or map.
(3)
Clear identification of the location, dimensions, and function
of each BMP or conveyance covered by the O&M plan.
(4)
The location of each BMP and conveyance relative to roadways,
property boundaries, or other identifiable landmarks and existing
natural drainage features such as streams, lakes, ponds, or other
bodies of water within the immediate vicinity of, or receiving discharge
from, the BMP or conveyance.
(5)
Delineation of the land area, structures, impervious surfaces
and conveyances draining to and from the BMP.
(6)
Representative elevations and/or topographic contours at intervals
of two feet, or other as acceptable to the Township Engineer.
(7)
Other features including FEMA floodplain and floodway boundaries,
sinkholes, etc. located within the immediate proximity of each BMP
and conveyance.
(8)
Locations of areas of vegetation to be managed or preserved
that function as a BMP or conveyance.
(9)
The locations of all surface and subsurface utilities, on-lot
waste water facilities, sanitary sewers, and water lines within 20
feet of each BMP or conveyance.
(10)
The following as it pertains to any easements, covenants and
deed restrictions established for each applicable BMP or conveyance:
(a)
Boundaries delineated with bearings and distances shown that
encompass the BMP or conveyance and that includes a twenty-foot perimeter
area surrounding these features and sufficient vehicular ingress to
and egress from a public right-of-way and roadway;
(b)
Labels specifying the type and purpose of the easement, covenant,
or deed restriction and who it benefits; and
(c)
Labels with reference to any corresponding easement agreement,
covenant, deed restriction or other document to be recorded.
(11)
The plan sheet or map shall be prepared at sufficient scale
for municipal review, and ultimately for the use by the person responsible
for operation and maintenance, and shall also be prepared at a legible
scale that meets the requirements for recordation along with (and
as an attachment to) the O&M agreement and O&M plan at the
Chester County Office of the Recorder of Deeds.
B.
The following information shall be included in the O&M plan and
written in a manner consistent with the knowledge and understanding
of the person who will be responsible for the maintenance activities:
(1)
The name and address of the following:
(a)
Property(ies) on which each BMP or conveyance is located.
(b)
Owner of the property.
(c)
Owner of each stormwater BMP or conveyance who is responsible
for implementation of the O&M plan.
(d)
Person responsible for maintaining adequate liability insurance
and payment of taxes.
(e)
Person preparing the O&M plan.
(2)
A description of each BMP and conveyance and how the BMPs and
conveyances are intended to function.
(3)
A description of actions necessary to operate, inspect, and
maintain each BMP or conveyance, including but not limited to:
(4)
The following statement shall be included:
"The landowner acknowledges that, per the provisions of the
Township's Stormwater Management Ordinance, it is unlawful to
modify, remove, fill, landscape, alter or impair the effectiveness
of, or place any structure, other vegetation, yard waste, brush cuttings,
or other waste or debris into any permanent stormwater management
BMP or conveyance described in this O&M plan or to allow the BMP
or conveyance to exist in a condition which does not conform to this
O&M plan, without written approval from the Township."
(5)
Inspection and maintenance schedules.
(6)
Explanation of the purpose and limitations of any easements,
covenants, or deed restrictions associated with any BMP or conveyance
that are to be recorded against the property.
C.
A statement that no BMP or man-made conveyance may be used by the
owner or others for any purpose other than its intended stormwater
control function, or, if approved by the Township Engineer, a statement
of specific allowable uses of the BMP (i.e., recreational benefits
that maybe associated with certain BMPs owned by a homeowners association,
or allowable uses by an individual residential landowner).
D.
A statement that establishes a reasonable time frame for remedy of
deficiencies found by the owner during their inspections.
E.
Language needed to fulfill the requirements of Subsections 5B, C,
and D of this Part.
3.
Operation and Maintenance Agreements.
A.
An O&M agreement shall be required for any BMP or man-made conveyance
to be owned by a person other than the Township, and the agreement
shall:
(2)
Incorporate the approved O&M plan(s) for all BMPs or conveyances
to be covered by the O&M agreement.
(3)
Set forth the rights, duties and obligations of the owner of
the BMP or conveyance and the Township, and be consistent with the
approved O&M plan(s).
(4)
Be recorded as a deed restriction or restrictive covenant that
runs with the land and shall be binding upon the landowner, its heirs,
administrators, successors in interest, and assigns;
(5)
Be submitted to the Township for review prior to approval of
the SWM site plan.
(6)
Upon approval by the Township, be signed by the designated owner
of the BMP or conveyance and submitted for signature by the Township.
(7)
When fully executed, be recorded by the landowner at the Chester
County Office of the Recorder of Deeds following municipal approval
of the O&M plan and prior to the start of construction.
B.
Other items or conditions may be required by the Township to be included
in the O&M agreement where determined necessary by the Township
to guarantee the satisfactory operation and maintenance of all permanent
BMPs and conveyances.
C.
After approval of the final as-built plans per the requirements of
Part 5, the applicant shall review and, if necessary and if required
by the Township, revise and re-record the O&M plan and O&M
agreement to reflect the final as-built conditions of each BMP and
conveyance if different from the information included in the original
recorded documents.
4.
Easements and Deed Restrictions.
A.
Easements shall be established in connection with any regulated activity
for all permanent BMPs and conveyances that will not be dedicated
to or otherwise owned by the Township (including any to be located
on any property other than the property being developed by the applicant)
and shall:
(1)
Include all land area occupied by each BMP or conveyance.
(2)
Include a twenty-foot wide perimeter (or other width as determined
in consultation with the Township Engineer) surrounding the feature(s).
(3)
Provide sufficient vehicular ingress and egress from a public
right-of-way and roadway.
(4)
Permanently protect every BMP and conveyance from disturbance
or alteration where not otherwise protected by a recorded O&M
agreement, covenant, deed restriction or other means.
(5)
Grant the Township the right, but not the duty, to access every
BMP and conveyance from a public right-of-way or public roadway to
conduct periodic inspections and to undertake other actions that may
be necessary to enforce the requirements of this Part, or of any applicable
O&M plan or O&M agreement; where roadways will not be dedicated
to the Township, the Township shall be granted access to the private
roadways as necessary to access every BMP and conveyance.
(6)
Grant the owner of each BMP and conveyance the right to access,
inspect, operate, maintain, and repair the BMP or conveyance when
the feature is to be owned, operated and maintained by a person other
than the Township and other than the owner of the parcel on which
it is located.
(7)
Be shown, with bearings and distances noted, on the SWM site
plan map/plan sheets, O&M plan map/plan sheets, final as-built
plans, and be signed and sealed by a qualified licensed professional.
(8)
Include language legally sufficient to ensure that the easement
shall run with the land and bind the landowner granting the easement,
its heirs, administrators, successors in interest and assigns, into
perpetuity.
(9)
Be recorded at the Chester County Office of the Recorder of
Deeds following Municipal approval and prior to the start of construction.
5.
Other Post-construction Responsibilities.
B.
The person responsible for the operation and maintenance of a BMP
or conveyance shall make records of the installation and of all maintenance
and repairs, and shall retain the records for at least 10 years. These
records shall be submitted to the Township, if requested.
C.
Upon final inspection, the Township shall inform the person responsible
for the operation and maintenance whether the submission of periodic
(annual or other frequency) inspection and maintenance reports will
be required.
D.
The owner of each BMP and conveyance shall keep on file with the
Township the name, address, and telephone number of the person responsible
for maintenance activities and implementation of the O&M plan.
In the event of a change, new information shall be submitted by the
BMP or conveyance owner to the Township within 30 working days of
the change.
6.
Maintenance Plan and Bond. The applicant is required to prepare a
comprehensive stormwater management plan including a maintenance plan
component, as defined above. Upon approval of the stormwater management
facilities by the Township, the applicant shall provide financial
security, in a form approved by the Township Solicitor for maintenance
guarantees, as follows:
A.
Long-Term Maintenance Bond. The long-term maintenance bond shall
be in an amount equal to either (1) the projected annual maintenance
cost for the stormwater facilities as calculated by the Township Engineer
over a ten-year period, or (2) an amount equal to 110% of the total
cost of all stormwater maintenance facilities constructed and installed
in accordance with this chapter and other applicable ordinances of
the Township. The Township shall determine which method of calculation
shall be used, and shall approve the amount of the bond, upon recommendation
by the Township Engineer.
B.
Documentation. The terms of the maintenance guarantees shall be documented
as part of the comprehensive stormwater management plan and the maintenance
plan subpart. The applicant (or the landowner, as appropriate) will
enter into a stormwater management facilities maintenance agreement,
substantially in the form attached as an Appendix hereto, or such
other form as may be adopted from time to time by the Township.
C.
Contents of Maintenance Plan. The maintenance plan shall describe
in detail the following:
(1)
Procedures for the control of invasive species, including mowing
schedule, protocol for use of herbicides, and removal of vegetation
that could compromise the function of any stormwater BMP.
(2)
A log form for regular inspections to indicate who performed
the inspection, date of the inspection, condition of vegetation, and
any noted deficiencies pertaining to the structure and/or function
of the stormwater BMP.
(3)
Identified agent responsible for filing inspection reports to
Township Engineer.
(4)
Mechanism by which any noted deficiencies will be corrected.
(5)
Description of financial responsibility for any basin serving
multiple or commonly held properties.
7.
Stormwater management facilities shall be inspected by a registered
professional engineer on behalf of the landowner as follows: (A) annually,
for the first five years; if maintenance and operation of the stormwater
management facilities is satisfactory for the first five years, then
the inspections may be extended to one every two or three years thereafter;
(B) as determined by the Township Engineer; and (C) and during or
immediately after any one-hundred-year or greater storm event. Those
inspections required under paragraphs (A) and (B) above shall be completed
by August 31 of each year, and written reports submitted to the Township
Engineer by September 30 of each year as required. Those reports required
under paragraph (C) above shall be submitted to the Township Engineer
within one month following completion of the inspection.
[Ord. 183-2013, 12/2/2013, § 2]
If the Township determines at any time that stipulated permanent
stormwater management facilities have been eliminated, altered or
improperly maintained, the owner shall be advised of corrective measures
required within a period of time set by the Township or by the Township
Engineer. If such measures are not taken by the owner, the Township
may cause the work to be done and lien all cost against the property.
[Ord. 183-2013, 12/2/2013, § 2]
The Township has the right, but not the responsibility, to enter
and inspect facilities during construction. All land disturbance work
shall be performed in accordance with an inspection and construction
control schedule approved by the Township Engineer and/or Chester
County Conservation District as part of the sedimentation and erosion
control plan and the stormwater management plan. The Township Engineer
should be consulted for guidance regarding the timing and other details
of necessary inspections. No work shall proceed to a subsequent phase,
including the issuance of the certificate of occupancy (where required),
until inspected and approved by the Township Engineer or his designee,
who shall then file a report thereon with the Township.
[Ord. 183-2013, 12/2/2013, § 2]
The timing and frequency of inspections of land disturbance
activities not related to the subdivision/land development process
shall be determined by the Township Engineer prior to final approval
of the comprehensive stormwater management plan. Adherence to that
schedule shall be a condition of plan approval.
[Ord. 183-2013, 12/2/2013, § 2]
[Ord. 183-2013, 12/2/2013, § 2]
The applicant shall provide to the Municipality final as-built
plans (signed and sealed by a qualified licensed professional) of
all BMPs, conveyances, other stormwater facilities, and related improvements
shown in the final approved SWM site plan.
