[Ord. 2011-6, 5/19/2011, § 701]
The applicant shall provide a financial guarantee to the Township
for the timely installation and proper construction of all erosion
and sediment control measures and stormwater management BMPs as required
by the approved stormwater management plan and this chapter equal
to the full construction cost of the required controls plus construction
contingency and construction inspection costs.
[Ord. 2011-6, 5/19/2011, § 702]
1.
The stormwater management plan for the development site shall contain
a BMP operation and maintenance plan (BMP O&M plan) prepared by
the design engineer. The BMP O&M plan shall be subject to review
and approval of the Township.
2.
The BMP O&M plan for the development site shall outline required
routine maintenance actions and schedules necessary to ensure proper
operation of the BMPs and shall establish responsibilities for the
continuing operation and maintenance of all proposed stormwater control
facilities, consistent with the following principles:
A.
If a development consists of structures or lots that are to be separately
owned and in which streets, storm sewers and other stormwater management
improvements are to be dedicated to the Township, stormwater BMPs
may also be dedicated to and maintained by the Township, if accepted
by the Township.
B.
If a development site is to be maintained in a single ownership or
if storm sewers and other stormwater management improvements are to
be privately owned and maintained, then the ownership and maintenance
of stormwater BMPs shall be the responsibility of the owner or private
management entity.
3.
The stormwater management plan and BMP O&M plan shall include
the following:
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 such operations and maintenance.
B.
Name of the project site, name and address of the owner of the property,
and name of the individual or firm preparing the plan.
C.
A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that cannot be altered
or removed unless such alteration or removal is approved by the Township.
4.
Facilities, areas or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as such in deed
restrictions or conservation easements that run with the land.
5.
The BMP O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
6.
The Board of Supervisors, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management site plan. The Board of Supervisors reserves the right at anytime to accept the ownership and operating responsibility for any or all of the stormwater BMPs. The right of the Township to accept ownership in the future shall be stated in the maintenance agreement (refer to § 23-704).
[Amended by Ord. No. 2022-005, 9/6/2022]
[Ord. 2011-6, 5/19/2011, § 703]
1.
The Township shall review the stormwater management facilities and
BMP O&M plan for consistency with the purposes and requirements
of this chapter, and any permits issued by PADEP.
2.
The Township shall notify the applicant in writing whether the stormwater
management facility and BMP O&M plan is approved.
3.
The Township shall require an as-built plan of all stormwater management
facilities and BMPs.
[Ord. 2011-6, 5/19/2011, § 704]
1.
Prior to final approval of the stormwater management site plan, the
applicant shall sign and record an O&M agreement prepared and
approved by the Township Solicitor covering all stormwater control
facilities that are to be privately owned. The form and substance
of the agreement shall be consistent with the agreement in Appendix
23-M of this chapter.
[Amended by Ord. No. 2022-005, 9/6/2022]
2.
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory maintenance of all stormwater
management facilities. The O&M Agreement shall be subject to review
and approval of the Township.
3.
The property owner shall be responsible for the operation and maintenance
of all stormwater management BMPs located on the property owner's
land. If the owner fails to adhere to the O&M agreement, the Township
may perform the services required and charge the property owner the
appropriate fees and costs of these services. Nonpayment of these
fees and costs may result in a lien against the property.
[Ord. 2011-6, 5/19/2011, § 705]
1.
Stormwater management easements shall be granted by the property
owner if necessary to provide for: (A) access to the property by the
Township for facility inspections and maintenance, or (B) preservation
of stormwater runoff conveyance, infiltration, and detention areas
and facilities, including flood routes for the one-hundred-year storm
event. The purpose of any easement shall be specified in the O&M
agreement signed by the property owner.
2.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Township.
3.
All easements shall be recorded with the Bucks County Recorder of
Deeds prior to issuance of a building permit or recordation of a subdivision
or land development plan.
[Ord. 2011-6, 5/19/2011, § 706]
1.
If stormwater BMPs are accepted by the Township for dedication, persons
installing stormwater BMPs shall be required to pay a specified amount
to the Township Stormwater Maintenance Fund to help defray costs of
periodic inspections and maintenance expenses. The amount of the deposit
shall be determined as follows:
A.
If the BMP is to be owned and maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections required pursuant to § 23-707 for 10 years. The Township Engineer will establish the estimated costs upon review of information submitted by the applicant, which shall be subject to the approval of the Board of Supervisors.
B.
If the stormwater management facilities and BMPs are to be owned
and maintained by a private entity, the deposit shall cover the estimated
Township costs for inspections for 10 years. The amount of required
deposit shall be established by separate resolution of the Supervisors.
2.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ballfield, pond), the Township may, but is not required to, reduce
or waive the amount of the maintenance fund deposit based upon the
value of the and for public recreation purpose.
3.
A financial deposit to the Township Stormwater Management Fund shall
be required to be paid by the developer to help defray costs of periodic
inspections and maintenance expenses associated with all stormwater
management facilities, storm sewer, culverts and other such improvements
required by PennDOT, to be constructed within the right-of-way of
public roadways, that are to be maintained after dedication by the
Township. The deposit shall cover the estimated cost for maintenance
and inspections for 10 years. The Township Engineer will establish
the estimated cost upon review of information submitted by the applicant.
