(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:
(b)
For other regulated activities, the Municipality may require a financial
guarantee from the applicant.
(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. The contents of the map(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;
(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.
(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.
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.
(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 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, 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 Section 1054.39.
(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 Delaware County, within 15 days of approval of the stormwater
control and BMP operations and maintenance plan by the Municipality:
(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.
(a)
Simplified approach. Any landowner issued a permit under the simplified approach as set forth in Section 1054.06 hereof or such landowner's designee 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:
(1)
Annually for the first five years.
(2)
Once every three years thereafter.
(3)
During or immediately after the cessation of a ten-year or greater
storm, as determined by the Municipal Engineer. Inspection reports
for inspections during or after the cessation of a ten-year or greater
storm event are only required to be submitted if requested by the
Municipality or Municipal Engineer.
Inspections should be conducted during or immediately following precipitation events or in dry weather conditions if the BMP design parameters include dewatering with a specified period of time. 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, stormwater management facility or structure inspection, observations on performance, and recommendations for improving performance, if applicable. Inspection reports for Section 1054.42(a)(1) and (2) above shall be submitted to the Municipality within 30 days following completion of the inspection, and shall be accompanied by a current photograph of the Facility or structure inspected.
(b)
Municipality inspections. The municipality shall inspect all SWM BMPs, facilities and/or structures installed under this chapter other than those constructed pursuant to the simplified approach as set forth in Section 1054.06 according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended. 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 cover the costs of periodic inspections and maintenance expenses. This is to be paid in a manner specified by the Municipality. The amount of the deposit shall be determined as follows:
(1)
If the BMP or conveyance 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, at the following minimum frequencies:
A.
Annually for the first five years.
B.
Once every three years thereafter.
C.
During or immediately after the cessation of a twenty five-year
or greater storm, as determined by the Municipal Engineer.
D.
The Municipal Engineer may request that the landowners or landowners'
designee submit an inspection report after the cessation of a ten-year
or greater storm event if there is reason to believe that a BMP has
sustained damage that impacts its ability to function as designed
and if the BMP's failure would result in damage to downgradient properties.
(2)
If the BMP or Conveyance is to be owned and maintained by the
Municipality, the deposit shall cover the estimated costs for maintenance
and inspections for 25 years. The Municipality will establish the
estimated costs utilizing information submitted by the applicant.
Inspections shall be conducted at the minimum frequencies listed in
above referenced section.
(3)
The above referenced inspections shall be conducted during or
immediately following precipitation events or in dry weather conditions
if the BMP design parameters include dewatering with a specified period
of time. 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, stormwater management Facility or structure
inspected, observations on performance, and recommendations for improving
performance, if applicable.
(4)
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.
(c)
If a BMP or Conveyance 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.
(d)
If at some future time, a BMP or conveyance (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.
(e)
If a BMP or conveyance is accepted by the Municipality for dedication,
the Municipality may require persons installing the BMP or conveyance
to pay a specified amount to the Municipal Stormwater Control and
BMP Operation and Maintenance Fund to help cover the costs of operations
and maintenance activities. The amount may be determined as follows:
(f)
The Municipality may require applicants to pay a fee to the Municipal
Stormwater Control and BMP Operation and Maintenance Fund to cover:
