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:
(1) 
As required by the approved drainage plan equal to or greater than the full construction cost of the required controls; or
(2) 
The amount and method of payment provided for in the SALDO.
B. 
For other regulated activities, the Borough may require a financial guarantee from the applicant.
[Amended 10-9-2018 by Ord. No. 897]
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., post-construction) stormwater controls and BMPs will be properly operated and maintained.
B. 
The following language 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 Montgomery County, 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:
(a) 
Clear identification of the location and nature of permanent stormwater controls 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 drainagecourses, and areas of natural vegetation to be preserved;
(f) 
The locations of all existing and proposed utilities, sanitary sewers, and waterlines 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 fifteen-foot-wide access easement to 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; and
(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 municipality.
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 that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the municipality, stormwater controls and BMPs may also be dedicated to and maintained by the municipality.
(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 municipality shall make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
A. 
The municipality 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 municipality shall notify the applicant, in writing, whether or not the stormwater control and BMP operations and maintenance plan is approved.
C. 
The municipality may require a "record drawing" of all stormwater controls and BMPs and an explanation of any discrepancies with the operations and maintenance plan.
A. 
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.
B. 
The owner is responsible for operation and maintenance (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.
A. 
The applicant shall sign an operations and maintenance agreement with the municipality 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 F of this chapter.[1]
[1]
Editor's Note: Appendix F 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 municipality.
A. 
Stormwater management easements are required for all areas used for off-site stormwater control.
B. 
Stormwater management easements shall be provided by the applicant or property owner if necessary for access, for inspections and maintenance, or for 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 § 408-37.
A. 
Prior to final approval of the site's drainage plan, the applicant shall sign and record the maintenance agreement contained in Appendix F, 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 Municipal Solicitor and governing body.
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 Montgomery County, within 15 days of approval of the stormwater control and BMP operations and maintenance plan by the Borough:
(1) 
The operations and maintenance plan, or a summary thereof;
(2) 
Operations and maintenance agreements under § 408-37; and
(3) 
Easements under § 408-38.
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 municipality 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 governing body.
B. 
If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ballfield 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:
(1) 
The amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the municipality.
(2) 
The amount shall then be converted to present worth of the annual series values.
E. 
If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ballfield or lake), the municipality may adjust the amount due accordingly.
F. 
Royersford 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. 
Royersford Borough may require applicants to pay a fee to the Borough Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater-related problems that may arise from the land development and earth disturbance.