A.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Borough for the timely installation and
proper construction of all stormwater management (SWM) facilities.
The guarantee shall be solely determined by the Borough and based
upon either:
(1)
Requirements of the approved SWM site plan and equal to or greater
than the full construction cost of the required controls; or
B.
For other regulated activities, the Borough shall solely determine
whether or not a financial guarantee is required from the applicant
and the amount of the guarantee.
A.
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 the office of the Recorder of Deeds for Montgomery County, within
30 days of approval of the stormwater facility and BMP O&M plan
by the Borough:
B.
The Borough 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.
C.
The following items shall be included in the stormwater facility
and BMP O&M plan:
(1)
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 twenty-four-inch by thirty-six-inch
sheets, unless a small size is approved by the Borough. The contents
of the maps(s) shall include, but not be limited to:
(a)
Clear identification of the location and nature of stormwater
facilities and BMPs;
(b)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
(c)
Existing and final contours at intervals of two feet, or others
as appropriate;
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(e)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved;
(f)
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;
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(h)
Proposed final structures, roads, paved areas, and buildings;
and
(i)
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;
(2)
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;
(3)
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; and
(4)
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 Borough.
D.
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:
(1)
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, stormwater facilities and BMPs may
also be offered for dedication to and maintained by the Borough.
(2)
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.
E.
The Borough shall make the final determination on the continuing
O&M responsibilities. The Borough reserves the right to accept
or reject the O&M responsibility for any or all of the stormwater
facilities and BMPs.
F.
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.
G.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
H.
The Borough may take enforcement actions against an owner for any
failure to satisfy the provisions of this article and this chapter.
A.
The Borough 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.
B.
The Borough shall notify the applicant in writing whether the stormwater
facility and BMP O&M plan is approved.
C.
The Borough shall require a record drawing of all stormwater facilities
and BMPs.
A.
The owner shall sign an O&M agreement 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.
The agreement shall be substantially the same as the sample agreement
in Appendix A of this chapter.
B.
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.
C.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the Borough may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
A.
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan
or small project SWM site plan.
B.
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.
