For subdivisions and land developments, the applicant shall provide
a financial guarantee to the municipality for the timely installation
and proper construction of all stormwater management (SWM) facilities:
The owner of any land upon which stormwater facilities and BMPs
will be placed, constructed, or implemented, as described in the stormwater
facility and BMP O&M plan, shall execute for recording in the
office of the Recorder of Deeds for Bucks County the following documents
in the form approved by the Township Solicitor (the “O&M
documents”). The O&M documents shall be provided to the
Township in recordable form within 30 days of approval of the stormwater
facility and BMP O&M plan by the municipality and prior to commencement
of any proposed construction.
The municipality 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.
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Bucks County,
and 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:
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainagecourses, and areas of natural
vegetation to be preserved.
The locations of all existing and proposed utilities, sanitary
sewers, and water lines on site and within 50 feet of property lines
of the project site.
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 O&M.
An inspection report form for each individual stormwater facility
and/or BMP, developed by the owner or their consultant, specifying
all inspection requirements and documenting that the requirements
have been met for the selected stormwater facility and/or BMP. The
owner is required to complete the form(s), verifying that they are
performing all necessary routine maintenance of the stormwater facility
and/or BMP on their property. The form(s) shall be submitted to the
Township as part of the owner’s annual inspection report to
the Township.
A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that can be altered or
removed only after approval by the municipality.
The stormwater facility and BMP O&M plan for the project site
shall establish responsibilities for the continuing O&M of all
stormwater facilities and BMPs, as follows:
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 facilities and BMPs
may also be offered for dedication to and maintained by the municipality.
If a plan includes O&M by single ownership, or if sewers and
other public improvements are to be privately owned and maintained,
the O&M of stormwater facilities and BMPs shall be the responsibility
of the owner or private management entity.
The municipality shall make the final determination on the continuing
O&M responsibilities. The municipality reserves the right to accept
or reject the O&M responsibility for any or all of the stormwater
facilities and BMPs.
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.
The municipality shall review the stormwater facilities and BMP
O&M plan for consistency with the purposes and requirements of
this chapter and any permits issued by PADEP.
The owner shall sign an O&M agreement with the municipality
covering all stormwater facilities and BMPs that are to be privately
owned. The O&M agreement shall be transferred with transfer of
ownership. The agreement shall be substantially the same as the agreement
in Appendix A.[1]
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of the municipality.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the municipality may
perform the services required and charge the owner appropriate fees.
Nonpayment of fees may result in a lien against the property.
The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.