[Ord. 763, passed 9-10-2012]
(A)
For all activities requiring submittal of a SWM site plan, the
applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management facilities as:
(1)
Required by the approved SWM site plan equal to or greater than
the full construction cost of the required facilities; or
(2)
The amount and method of payment provided for in the SALDO.
(B)
For other regulated activities, the municipality may require
a financial guarantee from the applicant.
[Ord. 763, passed 9-10-2012]
(A)
The SWM site plan shall include a BMP operations and maintenance
plan that describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated, inspected and maintained.
(B)
Establish access easements that include all significant stormwater
controls, conveyances and BMPs, and indicate a fifteen-foot perimeter
area surrounding these features that will provide the municipality
sufficient ingress to and egress from a public right-of-way.
(C)
The following items shall be included in the stormwater control
and BMP operations and maintenance plan, as applicable:
(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 twenty-four-inch by thirty-four-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 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;
and
(i)
Access easement boundaries.
(2)
A description of how each permanent stormwater control and BMP
will be operated and maintained;
(3)
The identity and contact information associated with the person(s)
responsible for operations and maintenance;
(4)
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
(5)
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.
(D)
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, at the municipality's discretion, also be dedicated to and
maintained by the municipality; and
(2)
If a plan includes operations and maintenance by a single owner
or if sewers and other public improvements are to be privately owned
and maintained, the operations and maintenance of stormwater controls
and BMPs shall be the responsibility of the landowner.
(E)
The municipality will 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.
[Ord. 763, passed 9-10-2012]
(A)
The municipality will review the stormwater control and BMP
operations and maintenance plan for consistency with this chapter
and any permits issued by PADEP.
(B)
The municipality will notify the applicant in writing whether
or not the stormwater control and BMP operations and maintenance plan
is approved.
(C)
The municipality will require an as-built plan per § 1230.502
showing all constructed stormwater controls and BMPs and an explanation
of any discrepancies with the approved operations and maintenance
plan.
[Ord. 763, passed 9-10-2012]
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.
[Ord. 763, passed 9-10-2012]
(A)
Prior to final approval of the site's SWM site plan (including
plans for private facilities constructed under the simplified method),
the applicant shall sign and record an operations and maintenance
agreement with the municipality covering all stormwater controls and
BMPs that are to be privately owned (refer to Appendix I). The maintenance
agreement shall be transferred with transfer of ownership in perpetuity.
The agreement shall be substantially the same as the agreement in
Appendix I of Ord. 763.
(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.
[Ord. 763, passed 9-10-2012]
(A)
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
municipality.
(B)
Stormwater management easements shall be provided to the municipality
by the applicant or property owner for access for inspections and
maintenance, the preservation of stormwater runoff conveyance, infiltration
and detention areas, and for other stormwater controls. The purpose
of the easement shall be specified in any agreement under § 1230.705.
[Ord. 763, passed 9-10-2012]
(A)
The owner of any land upon which permanent stormwater controls
and BMPs will be placed, constructed, implemented or permanently maintained,
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 the county, within 15 days of approval of the stormwater
control and BMP operations and maintenance plan by the municipality:
(1)
The operations and maintenance plan, or a summary thereof;
(2)
Operations and maintenance agreements under § 1230.705;
and
(3)
Easements under § 1230.706.
(B)
The municipality 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.
[Ord. 763, passed 9-10-2012]
(A)
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Municipal Stormwater Control and
BMP Operation and Maintenance Fund to help defray costs of periodic
inspections. 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, as estimated by the Municipal Engineer,
for a period of 25 years. This is to be paid in a manner specified
by the municipality. After that period of time, inspections will be
performed at the expense of the municipality.
(2)
If the stormwater control or BMP is to be owned and maintained
by the municipality, the deposit shall cover the estimated costs for
inspections for 25 years. The municipality 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 municipality shall
determine the present worth equivalents, which shall be subject to
the approval of the governing body.
(4)
If a stormwater control or BMP is proposed that also serves
as a recreational facility (e.g., ball field or lake), the municipality
may reduce or waive the amount of the Maintenance Fund deposit based
upon the value of the land for public recreational purpose.
(B)
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
or demolishing the facility and connecting to the storm sewer system
or other facility. Any amount of the deposit remaining after the costs
of abandonment or demolition will be used for inspection, maintenance
and operation of the receiving stormwater management system.
(C)
If stormwater controls or BMPs are accepted by the municipality
for dedication, the municipality may require persons installing stormwater
controls or BMPs to pay a specified amount to the Municipal 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 25 years, as determined by the municipality.
(2)
The amount shall then be converted to present worth of the annual
series values.
(3)
If a stormwater control or BMP is proposed that also serves
as a recreational facility (e.g., ball field or lake), the municipality
may adjust the amount due accordingly.
(D)
The municipality may require applicants to place moneys into
the Municipal Stormwater Control and BMP Operation and Maintenance
Escrow Fund to cover long-term maintenance of stormwater controls
and BMPs.
(E)
The municipality may require applicants to place moneys into
the Municipal Stormwater Control and BMP Operation and Maintenance
Escrow Fund to cover stormwater related problems which may arise from
the land development and earth disturbance.