[Ord. No. 509, 6/18/2014]
1.
For subdivisions and land developments, the applicant shall provide
financial security acceptable to the Borough of Hatfield for the timely
installation and proper construction of all stormwater management
(SWM) facilities as:
2.
For other regulated activities, the Borough of Hatfield may require
financial security from the applicant.
[Ord. No. 509, 6/18/2014]
1.
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 record the following documents,
in a form acceptable to the Borough Solicitor, in the office of the
Recorder of Deeds for Montgomery County, prior to the construction
of the stormwater facility and BMP O&M plan by the Borough of
Hatfield:
2.
The Borough of Hatfield 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.
3.
No regulated earth disturbance activities within the Borough of Hatfield
shall commence until approval by the Borough of Hatfield of a BMP
operations and maintenance plan which describes how the permanent
(e.g., post-construction) stormwater BMPs will be properly operated
and maintained. The following items shall be included in the stormwater
facility and BMP O&M plan:
A.
Plans or map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Montgomery
County, and shall be submitted on 24 inch by 36 inch or 30 inch by
42 inch sheets. The contents of the map(s) shall include, but not
be limited to:
(1)
A clear identification of the location and nature of stormwater
facilities and BMPs.
(2)
The location of the project site relative to highways, municipal
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 drainagecourses, and areas of natural
vegetation to be preserved.
(6)
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.
(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)
A twenty-foot-wide access easement around all stormwater facilities
and BMPs that would provide ingress to and egress from a public right-of-way.
B.
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.
C.
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.
D.
A statement, signed by the property owner, acknowledging that the
stormwater facilities and BMPs are fixtures that cannot be altered
or removed without the prior written approval of the Borough of Hatfield.
4.
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:
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 Borough of Hatfield, stormwater facilities
and BMPs may also be offered for dedication to and maintained by the
Borough of Hatfield, which is not required to accept any such facilities
or BMPs; or
B.
If a plan includes O&M by a homeowners' association or single
ownership, or if sewers and other public improvements are to be privately
owned and maintained by lot owners, the O&M of stormwater facilities
and BMPs shall be the responsibility of the owner or private management
entity on whose property the stormwater facility or BMP exists.
5.
The Borough of Hatfield shall make the final determination on the
continuing O&M responsibilities. The Borough of Hatfield reserves
the right to accept or reject the O&M responsibility for any or
all of the stormwater facilities and BMPs.
6.
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.
7.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
8.
The Borough may deny approval of subdivision, land development or
construction plans or take enforcement actions against an owner for
any failure to satisfy the provisions of this Part.
[Ord. No. 509, 6/18/2014]
1.
The Borough of Hatfield shall review the stormwater facilities and
BMP O&M plan for consistency with the purposes and requirements
of this Part and any permits issued by the PADEP.
2.
The Borough of Hatfield shall notify the applicant, in writing, whether
the stormwater facility and BMP O&M plan is approved.
3.
The Borough of Hatfield shall require a "record drawing" of all stormwater
facilities and BMPs.
[Ord. No. 509, 6/18/2014]
1.
The owner shall sign an O&M agreement, approved by the Borough
Solicitor, with the Borough covering all stormwater facilities and
BMPs that are to be privately owned. The O&M agreement shall be
transferred with transfer of ownership. A sample agreement appears
in Appendix A.[1]
[1]
Editor's Note: The appendixes are included as attachments
to this chapter.
2.
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 Borough.
3.
Unless accepted for dedication by the Borough, or as otherwise agreed,
the owner of the land on which the stormwater facility or BMP is located
is responsible for the O&M of the SWM BMPs. If the owner fails
to adhere to the O&M agreement, the Borough of Hatfield may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property. 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 Borough.
[Ord. No. 509, 6/18/2014]
1.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Municipal
Engineer.
2.
Stormwater management easements shall be provided by the property owner if necessary for: access for inspections and maintenance; or preservation of stormwater runoff conveyance, infiltration, and detention areas on other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 26-164.
[Ord. No. 509, 6/18/2014]
If stormwater facilities, detention basins, or BMPs are accepted
by the Borough for dedication, the Borough shall require applicants,
developers or persons installing stormwater facilities or 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 shall be determined by the Borough Engineer.
