A.
Prior to construction of the stormwater management facilities specified in the approved stormwater management site plan, the developer must provide a schedule of inspections to the Borough Engineer. These inspection provisions pertain only to construction activities regulated by the land preparation provisions of this chapter. However, any activities granted exemption from plan preparation provisions as described in § 353-8 and therefore exempt from the inspection provisions must manage stormwater in the manner specified in the other provisions of this chapter.
B.
The Borough Engineer shall inspect all phases of development of the
site, including, but not limited to:
(1)
Completion of preliminary site preparation, including stripping of
vegetation, stockpiling of topsoil, and construction of temporary
stormwater management and erosion control facilities.
(2)
Completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
(3)
During construction of the permanent stormwater facilities.
(4)
During construction of the permanent stormwater management facilities,
including established ground covers and plantings.
(5)
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the approved
stormwater management site plan and permit.
C.
No work shall begin on a subsequent stage until the preceding stage
has been inspected and/or approved by the Borough Engineer.
D.
It is the responsibility of the developer to notify the Borough Engineer
48 hours in advance of any work and of the completion of each phase
of development.
E.
Any portion of the work that does not comply with the approved stormwater
management plan must be corrected by the developer within 10 days
after written notification to the developer. No work may proceed on
any subsequent phase of the stormwater management site plan, the subdivision
or land development or building construction until the required corrections
have been made.
F.
If, at any stage of the work, the Borough Engineer determines that the soil or other conditions are not as stated or shown in the approved application, the same may refuse to approve further work, and the Borough may revoke existing permits until a revised stormwater management site plan is submitted and approved, as required by § 353-21 of this chapter. If the revised stormwater management plan cannot remedy the situation, the Borough of Chalfont reserves the right to cancel its approval and halt all work except that work required to eliminate the activity and return the site to pre-activity conditions as much as is reasonably possible.
G.
If the Borough Engineer discovers that the facilities or measures
installed may be in violation of Chapter 102 (Erosion and Sediment
Control) of the Clean Streams Law provision,[1] the Borough Engineer will refer these violations to the
Bucks County Conservation District.
[1]
Editor's Note: See 25 Pa.Code § 102.1 et seq.
H.
When the developer has completed all the required facilities for
a subdivision or land development, he shall notify the Borough of
Chalfont, in writing, by certified or registered mail, and shall send
a copy of such notice to the Code Enforcement Officer of the Borough
of Chalfont. The Borough Council shall, within 10 days after receipt
of such notice, authorize the Borough Engineer to inspect the required
facilities. Following this final inspection, the Borough Engineer
shall promptly file a report, in writing, with the Borough Council,
and shall mail a copy of the report to the developer by certified
or registered mail. The report shall be made and mailed within 30
days after receipt by the Borough Engineer of the aforesaid authorization
by the Borough Council.
I.
Following final inspection, the developer shall submit drawings indicating
the as-built improvements called for in the approved plan. All as-built
drawings associated with a land development must include the seal
of a Pennsylvania registered professional engineer or surveyor.
A.
Fees shall be established, from time to time, by resolution of the
Borough Council, which at a minimum will cover:
(1)
The review of stormwater management site plans. "Review" shall mean
all technical review, meetings and discussions relative to the plan.
(2)
Stormwater management permit issuance.
(3)
Site inspection.
(4)
Inspection of required controls and improvements during construction.
(5)
The final inspection upon completion of the controls and improvements
required in the plan.
(6)
Any additional work required to enforce any permit provisions regulated
by this chapter, correct violations and ensure the completion of stipulated
remedial actions.
B.
No permit to begin any work on the project shall be issued until
the requisite fees have been paid.
A.
Performance guaranties.
(1)
The Borough Council may, prior to the issuance of a stormwater management
permit and/or approval of a final subdivision/land development plan,
require financial security as a performance guaranty for stormwater
management control facilities, in a form to be approved by the Borough
of Chalfont Solicitor. If requested by the developer, in order to
facilitate financing, the Borough Council may furnish the developer
with a signed resolution indicating approval of the subdivision/land
development plan and/or stormwater management plan contingent upon
the developer obtaining a satisfactory financial security. The record
plan shall not be signed nor recorded and a stormwater management
permit issued until a financial improvement agreement is executed.
The resolution or letter of contingent approval shall expire and be
deemed to be revoked if the financial security agreement is not executed
within 90 days, unless a written extension is granted by the Borough
Council; such extension shall not be unreasonably withheld and shall
be placed in writing at the request of the developer.
(2)
Where required, the developer shall file with the Borough Council
financial security in an amount sufficient to cover the costs of the
stormwater management facilities. Without limitation as to other types
of financial security which the Borough may approve, federal or commonwealth
chartered lending institution irrevocable letters of credit and restrictive
or escrow accounts shall be deemed acceptable financial security.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
developer, provided that said bonding company or lending institution
is authorized to conduct such business within the commonwealth. Such
bond, or other security, shall provide for and secure to the public
completion of the stormwater management facilities, which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
(3)
The amount of financial security shall be equal to 110% of the cost
to install the required facilities, estimated as of 90 days following
the date scheduled for completion.
(4)
If a developer requires more than one year from the date of posting
of the financial security to complete the required facilities, the
amount of financial security may be increased by an additional 10%
for each one-year period beyond the first anniversary date from posting
of financial security or to an amount not exceeding 110% of the cost
of completing the required facilities as reestablished on or about
the expiration of the preceding one-year period by using the above
bidding procedure.
(5)
The amount of financial security required shall be based upon an
estimate of the cost of the facilities submitted by the developer
and prepared by a professional engineer licensed as such in this commonwealth
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Borough Council, upon the recommendation of the
Borough Engineer, may refuse to accept such estimate for good cause
shown. If the developer and the Borough Council are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this Commonwealth
and chosen mutually by the Borough Council and the developer. The
estimate certified by the third engineer shall be presumed fair and
reasonable and shall be the final estimate. In the event that a third
engineer is chosen, fees for the services of said engineer shall be
paid equally by the Borough of Chalfont and the developer.
(6)
In the case where development is projected over a period of years,
the Borough Council may authorize submission of stormwater management
site plan applications by sections or stages of development so as
to require or guarantee that stormwater management facilities in both
current and future stages of development will provide the protection
of the finally approved stage of the development.
(7)
As the work of installing the required stormwater facilities proceeds, the developer may request the Borough Council to release or authorize release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, addressed to the Borough Council, which shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the facilities has been completed in accordance with the stormwater management site plan and permit. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the facilities completed, or, if the Borough Council fails to act within a forty-five-day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release, require retention of 10% of the estimated cost of the aforesaid facilities. The final release of the financial security provisions shall be permitted only after receipt by the Borough Council of certification and as-built plans as required in § 353-28I.
(8)
In the event that any stormwater management facilities which may
be required have not been installed as provided in this chapter or
in accordance with the approved stormwater management plan, the Borough
Council has the power to enforce any corporate bond or other security
by appropriate legal and equitable remedies. If proceeds of such bond
or other security are insufficient to pay the cost of installing or
making repairs or corrections to all the facilities covered by said
security, the Borough Council may, at its option, install part of
such facilities in all or part of the development and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the facilities. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the stormwater management facilities covered
by such security and not for any other purpose.
B.
Maintenance responsibility and guaranties.
(1)
The maintenance responsibilities for permanent stormwater runoff
control facilities shall be determined based upon the type of ownership
of the property which is controlled by the facilities.
(a)
Single-entity ownership. Where the permanent stormwater runoff
control facilities are designed to manage runoff from property in
a single-entity ownership, as defined below, the maintenance responsibility
for the stormwater control facilities shall be with the single-entity
owner. The stated responsibility of the entity related to owning and
maintaining the facilities shall be submitted with the stormwater
management plan for determination of their adequacy. Approval of the
stormwater management plan shall depend upon the approval of these
terms. These terms shall be in writing, shall be in a recordable form
and shall, in addition to any other terms deemed necessary by the
Borough Council, contain a provision permitting inspection at any
reasonable time by the Borough Engineer of all such facilities deemed
critical in the public welfare. A "single entity" shall be defined
as an association, public or private corporation, partnership firm,
trust, estate or any other legal entity empowered to own real estate,
exclusive of an individual lot owner.
(b)
Borough ownership. Where the Borough Council has accepted an
offer of dedication of the permanent stormwater management facilities,
the Borough Council shall be responsible for maintenance. Upon approval
of the stormwater management facilities by the Borough Council, the
developer shall provide financial security, in a form approved by
the Borough of Chalfont Solicitor, for maintenance guarantees, as
follows:
[1]
Construction maintenance bond. The Borough Council may require the posting of a maintenance bond to secure the structural integrity of said facilities, as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan, for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in § 353-30A, with regard to installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.
[2]
Long-term maintenance bond. The long-term maintenance bond shall
be in an amount equal to the present worth of maintenance of the facilities
for a ten-year period. The estimated annual maintenance cost for the
facilities shall be based on a fee schedule provided by the Borough
Engineer and adopted by the Borough Council. The fee schedule must
be reasonable. A cash contribution can be used in lieu of the long-term
maintenance bond, although the contribution must be equivalent to
the amount that would be estimated for the maintenance bond.
[3]
Documentation. The terms of the maintenance guarantee shall be documented as part of the stormwater management phase as per § 353-18B(4) of this chapter.
For certain types of facilities, the Borough Council may benefit
by transferring the maintenance responsibility to an individual or
group of individuals residing within the controlled area. These individuals
may have the permanent stormwater control facilities adjacent to their
lots or otherwise have an interest in the proper maintenance of the
facilities. In these instances, the Borough Council and the individual(s)
may enter into a formal agreement for the maintenance of the facilities
whereby the Borough of Chalfont shall maintain ownership of the facilities
and be responsible for periodic inspections.
(c)
Individual lot ownership. Where any stormwater management facility
is located on an individual lot and maintenance thereof is the responsibility
of that landowner, a description of the facility or systems and the
terms of the required maintenance shall be incorporated as a part
of the deed to the property. The deed shall be recorded with the County
Recorder of Deeds within 90 days following the Borough Council approval.
In addition, the Borough Council may require as a condition of approval
that a deed conveying any interest in such lot contain language indicating
that the conveyance is subject to an express covenant by the grantee
that the grantee will maintain the stormwater management facility.
(d)
Multi-entity ownership. In cases where property is in multiple ownership (i.e., many individuals have ownership of various portions of the property on which stormwater facilities are located), the developer(s) shall enter into an agreement with the Borough to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of Subsection B(1)(c) of this section of this chapter shall apply.
(2)
Liability insurance. If, in the opinion of the Borough Council, based
upon a report of the Borough Solicitor, the nature of the work is
such that it may create a hazard to human life or endanger adjoining
property or streets, the Borough Council shall, before issuing the
stormwater management permit, require that the applicant file a certificate
of insurance showing that there exists insurance against claims for
damages for personal injury, bodily injury and property damage, including
damage to the Borough of Chalfont by surface water flow which has
been altered on the site. The liability insurance shall be to the
amount prescribed by the Borough in accordance with the nature of
the risks involved and shall include the Borough as an additional
insured. Such insurance shall be written by a company licensed to
do business in the commonwealth. Neither issuance of the stormwater
management permit nor compliance with the provisions hereto or any
conditions imposed by the Borough shall relieve any person from any
responsibility for damage otherwise imposed by law, nor impose any
liability upon the Borough of Chalfont or its officers and employees
for damages to persons or property.
Upon presentation of proper credentials, duly authorized representatives
of the Borough of Chalfont may enter at reasonable times upon any
property within the Borough of Chalfont to investigate or ascertain
the condition of the subject property in regard to any aspect regulated
by this chapter.
[Added 5-9-2022 by Ord. No. 466]
A.
The
landowner or the owner's designee (including the municipality for
dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
Inspections
should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the municipality
within 30 days following completion of the inspection.
B.
Enforcement.
(1)
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Borough may order
compliance by written notice to the responsible person. Such notice
may require, without limitation:
(a)
The performance of monitoring, analyses and reporting.
(b)
The elimination of prohibited discharges.
(c)
Cessation of any violating discharges, practices or operations.
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(e)
Payment of a fine to cover administrative and remediation costs.
(f)
The implementation of stormwater BMPs.
(g)
Operation and maintenance of stormwater BMPs.
(2)
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the Borough from
pursuing any and all other remedies available in law or equity.
C.
Suspension and revocation of permits and approvals. The stormwater
management permit and any building, land development or other permit
or approval for regulated earth-disturbance activities issued by the
Borough may be suspended or revoked by the governing body for:
(1)
Noncompliance with, or failure to implement, any provision of the
permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
D.
In the event that an owner, subdivider, developer or his agent fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit issued thereunder, the Borough of Chalfont shall provide written notification of violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of § 353-33 of this chapter or other penalty provisions contained in Chapter 370, Subdivision and Land Development, where applicable.
F.
An approval
that has been revoked by the municipality cannot be reinstated. The
applicant may apply for a new approval under the provisions of this
chapter.
[Added 5-9-2022 by Ord. No. 466]
A.
Any person, firm or corporation who shall violate any provision of
this chapter, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense.
B.
The Bucks County Court of Common Pleas, upon petition, may grant
an order to stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity, other than the Borough of Chalfont,
the right to commence any action for enforcement pursuant to this
section.
A.
An appeal from any action or decision of the Borough Council concerning regulated activities specified in § 353-6A(1) and (2) shall be made to the Bucks County Court of Common Pleas pursuant to Article X-a of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
B.
The Borough Council may hear and decide appeals where it is alleged that the Borough Building Permit Officer, Zoning Officer or Engineer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter concerning regulated activities specified in § 353-6A(3) through (10).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The approval of an appeal shall not have the effect of making null
and void the intent and purpose of this chapter.
