[Ord. No. 614, 9/28/2022]
1.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to Northampton Township for the timely installation
and proper construction of all stormwater management (SWM) facilities
as:
A.
Required by the approved SWM site plan equal to or greater than the
full construction cost of the required controls in accordance with
the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See, respectively, 53 P.S. §§ 10509,
10510, and 10511.
2.
For other regulated activities, Northampton Township may require
a financial guarantee from the applicant.
3.
Unless and until the permitted earth disturbance activity and stormwater
management facilities have been completed and are accepted by the
Township or other legal entity approved by the Township, the maintenance
of said stormwater management facilities shall be the responsibility
of the applicant.
4.
Whenever sedimentation is caused by an earth disturbance activity,
it shall be the responsibility of the person causing such sedimentation
to remove it from all affected surfaces, drainage systems and watercourses
on- and off-site and to repair any damage at his or her expense as
quickly as possible following a storm event.
5.
Persons doing any earth disturbance on or across a watercourse, swale,
floodplain or right-of-way shall return such areas to their original
or equal condition after such activity is completed.
6.
Upon the issuance of an approved earth disturbance permit, unless
maintenance responsibilities lie with the Township or a legal entity
approved by the Township, the owner of any property on which an excavation
or fill has been made shall maintain in good condition and repair
all retaining walls, cribbing, drainage structures, fences, landscaping
and any other protective devices.
[Ord. No. 614, 9/28/2022]
1.
No regulated activities within Northampton Township shall commence
until approval by Northampton Township of an SWM site plan that describes
how the permanent stormwater controls and BMPs will be properly operated
and maintained.
2.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in the stormwater
facility and BMP O&M plan, shall record the following documents
in the office of the Recorder of Deeds for Bucks County, within 90
days of approval of the SWM and BMP O&M plan by the Township:
3.
The Township 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.
4.
The stormwater management site plan for the project site shall establish
responsibilities for the continuing O&M of all stormwater facilities
and 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 facilities and BMPs may
also be offered for dedication to and maintained by the Township.
If the Township does not accept dedication of the BMPs, the owner,
homeowners' association, or private management entity shall be
responsible for the continued operation and maintenance of the BMPs.
5.
The Township shall make the final determination on the continuing
O&M responsibilities. The Township reserves the right to accept
or reject the O&M responsibility for any or all of the stormwater
facilities and BMPs.
6.
Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
7.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
8.
The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this Part and this chapter. 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.
9.
The O&M agreement shall be transferred with transfer of ownership.
The agreement shall be substantially the same as the agreement in
Appendix 23-A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
10.
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of the Township.
11.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the Township may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
12.
The owner shall convey to the Township easements to assure access
for periodic inspections by the municipality and maintenance, as necessary.
13.
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.
[Ord. No. 614, 9/28/2022]
1.
The applicant and/or developer shall be responsible for providing
as-built plans of all SWM BMPs included in the approved SWM site plan.
The as-built plans and an explanation of any discrepancies with the
construction plans shall be submitted to Northampton Township. The
as-built plans shall be submitted in paper and digital (.dwg) formats.
2.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, they must sign and seal the completion certificate.
3.
The applicant and/or developer shall be responsible for providing
the latitude and longitude coordinates for all permanent SWM BMPs,
at the central location of each BMP.
4.
After receipt of the completion certification by the Township, the
Township may conduct a final inspection.
[Ord. No. 614, 9/28/2022]
1.
Where stormwater or surface water will be gathered, discharged, or
drained over lands within or beyond the boundaries of the subdivision
or land development, or within a proposed regulated activity site,
the applicant or owner shall reserve or obtain easements over all
lands affected thereby, provided that no easement or right-of-way
for drainage purposes exists on such affected land. Such easements
shall be adequate for such discharge of drainage and for the carrying
off of such water and for the maintenance, repair and reconstruction
of the same, including the right of passage over and upon the same
by vehicles, machinery and other equipment for such purposes, and
which shall be of sufficient width for such passage and work and that
would provide ingress to and egress from a public right-of-way. The
width of the easement shall be determined by the Township Engineer,
but in no case be less than 20 feet in width. The owner shall convey,
free of charge or cost, such easement to the Township upon demand.
2.
Stormwater management easements shall be provided by the property
owner, if necessary, for:
3.
All easements shall be fully described with metes and bounds on the
BMP operations and maintenance plan.
