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 controls as:
B.
For other regulated activities, the Borough may require a financial
guarantee from the applicant.
A.
No regulated earth disturbance activities within the Borough shall
commence until approval by the Borough of a stormwater control and
BMP operations and maintenance plan that describes how the permanent
(e.g., postconstruction) stormwater controls and BMPs will be properly
operated and maintained.
B.
The following items shall be included in the stormwater control and
BMP operations and maintenance 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 Delaware
County, shall be submitted on sheets less than 36 inches by 46 inches
or must be reduced. The contents of the maps(s) shall include, but
not be limited to:
(a)
Clear identification of the location and nature of permanent
stormwater controls and BMPs.
(b)
The location of the project site relative to highways, Borough
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 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.
[1]
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
[2]
A description of how each permanent stormwater control and BMP
will be operated and maintained, and the identity and contact information
associated with the person(s) responsible for operations and maintenance.
[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.
[4]
A statement, signed by the landowner, acknowledging that the
stormwater controls and BMPs are fixtures that can be altered or removed
only after approval by the Borough.
C.
The stormwater control and BMP operations and maintenance plan for
the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls 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 controls and BMPs may
also be dedicated to and maintained by the Borough.
(2)
If a plan includes operations and maintenance by a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater controls
and BMPs shall be the responsibility of the owner or private management
entity.
D.
The Borough shall make the final determination on the continuing
operations and maintenance responsibilities. The Borough reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
A.
The Borough shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this chapter and any permits issued by DEP.
B.
The Borough shall notify the applicant in writing whether or not
the stormwater control and BMP operations and maintenance plan is
approved.
C.
The Borough may require a record drawing of all stormwater controls
and BMPs and an explanation of any discrepancies with the operations
and maintenance plan.
It shall be unlawful to alter or remove any permanent stormwater
control and BMP required by an approved stormwater control and BMP
operations and maintenance plan or to allow the property to remain
in a condition which does not conform to an approved stormwater control
and BMP operations and maintenance plan.
A.
The applicant shall sign an operations and maintenance agreement
with the Borough covering all stormwater controls and BMPs that are
to be privately owned. The maintenance agreement shall be transferred
with transfer of ownership. The agreement shall be substantially the
same as the agreement in Appendix I of this chapter.[1]
[1]
Editor's Note: Appendix I is included as an attachment
to this chapter.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the Borough.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Borough
Engineer.
B.
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 525-33.
A.
Prior to final approval of the site's drainage plan, the applicant
shall sign and record the maintenance agreement contained in Appendix
I, which is attached and made part hereof, covering all stormwater
control facilities that are to be privately owned.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to the review and approval of the Borough
Solicitor and Borough Council.
A.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, or implemented, as described in
the stormwater control and BMP operations and maintenance plan, shall
record the following documents in the Office of the Recorder of Deeds
for Delaware County, within 15 days of approval of the stormwater
control and BMP operations and maintenance 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.
A.
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Borough Stormwater Control and BMP
Operation and Maintenance Fund to help defray costs of periodic inspections
and maintenance expenses. The amount of the deposit shall be determined
as follows:
(1)
If the stormwater control or BMP is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Borough for a period of 10 years, as estimated by the Borough
Engineer. After that period of time, inspections will be performed
at the expense of the Borough.
(2)
If the stormwater control or BMP is to be owned and maintained by
the Borough, the deposit shall cover the estimated costs for maintenance
and inspections for 10 years. The Borough Engineer will establish
the estimated costs utilizing information submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Borough Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the Borough Council.
B.
If a stormwater control or BMP is proposed that also serves as a
recreational facility (e.g., ball field or lake), the Borough may
reduce or waive the amount of the maintenance fund deposit based upon
the value of the land for public recreational purpose.
C.
If at some future time, a stormwater control or BMP (whether publicly
or privately owned) is eliminated due to the installation of storm
sewers or other storage facility, the unused portion of the maintenance
fund deposit will be applied to the cost of abandoning the facility
and connecting to the storm sewer system or other facility. Any amount
of the deposit remaining after the costs of abandonment are paid will
be returned to the depositor.
D.
If stormwater controls or BMPs are accepted by the Borough for dedication,
the Borough may require persons installing stormwater controls or
BMPs to pay a specified amount to the Borough Stormwater Control and
BMP Operation and Maintenance Fund to help defray costs of operations
and maintenance activities. The amount may be determined as follows:
E.
If a stormwater control or BMP is proposed that also serves as a
recreational facility (e.g., ball field or lake), the Borough may
adjust the amount due accordingly.
F.
The Borough may require applicants to pay a fee to the Borough Stormwater
Control and BMP Operation and Maintenance Fund to cover long-term
maintenance of stormwater controls and BMPs.
G.
The Borough may require applicants to pay a fee to the Borough Stormwater
Control and BMP Operation and Maintenance Fund to cover stormwater
related problems which may arise from the land development and earth
disturbance.
