[Ord. No. 416, 9/29/2022]
No regulated earth disturbance activities within Plainfield
Township shall commence until approval by the Township of the BMP
operations and maintenance plan which describes how the permanent
(e.g., post-construction) stormwater BMPs will be properly operated
and maintained.
[Ord. No. 416, 9/29/2022]
1.
The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater BMPs, as follows:
A.
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 Township, stormwater BMPs may also be dedicated
to and maintained by the Township.
B.
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 BMPs
shall be the responsibility of the owner or private management entity.
2.
Plainfield Township shall make the final determination on the continuing
operations and maintenance responsibilities prior to final approval
of the SWM site plan. The municipality may require a dedication of
such facilities as part of the requirements for approval of the SWM
site plan. Such a requirement is not an indication that the municipality
will accept the facilities. Plainfield Township reserves the right
to accept or reject the ownership and operations and maintenance responsibility
for any portion of the stormwater management controls.
3.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
4.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
5.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this Part.
[Ord. No. 416, 9/29/2022]
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operations and maintenance plan or
to allow the property to remain in a condition which does not conform
to an approved BMP operations and maintenance plan unless an exception
is granted in writing by Plainfield Township.
[Ord. No. 416, 9/29/2022]
1.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an operations and maintenance agreement with
Plainfield Township covering all stormwater control facilities that
are to be privately owned. The agreement shall include the terms of
the format agreement referenced in Appendix 23-D[1] of this chapter.
A.
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
B.
The owner shall convey to the municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
C.
The owner shall keep on file with the municipality the name, address,
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information shall be submitted
by the owner to the municipality within 10 working days of the change.
[1]
Editor's Note: Said appendix material is on file in the
Township offices.
2.
Other items may be included in the agreement where determined by
Plainfield Township to be reasonable or necessary to guarantee the
satisfactory operation and maintenance of all permanent stormwater
BMPs. The agreement shall be subject to the review and approval of
the municipality.
3.
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.
[Ord. No. 416, 9/29/2022]
Stormwater management easements conforming to § 22-1009, Subsection 11, of the Plainfield Township Subdivision and Land Development Ordinance (Chapter 22) shall be provided to Plainfield Township by the property owner to provide access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easements shall be specified in any agreement under § 23-704.
[Ord. No. 416, 9/29/2022]
1.
The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the office of the Recorder
of Deeds for Northampton County within 90 days of approval of the
BMP operations plan by the Township:
2.
Plainfield Township may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply
with this chapter.
[Ord. No. 416, 9/29/2022]
1.
If stormwater BMPs are accepted by Plainfield Township for dedication,
the Township may require persons installing stormwater BMPs to pay
a specified amount to the Municipal Stormwater BMP Operation and Maintenance
Fund to help defray costs of operations and maintenance activities.
The amount may be determined as follows:
2.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the Township may adjust the amount due accordingly.
[Ord. No. 416, 9/29/2022]
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this chapter in accordance with the provisions of Sections 509, 510,
and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510
and 10511.
