[Ord. No. 1358, 9/12/2022]
The applicant should provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved Delaware River South
Stormwater Management Plan and this Part equal to the full construction
cost of the required controls.
[Ord. No. 1358, 9/12/2022]
1.
The drainage plan for the development site shall contain an operation
and maintenance plan prepared by the applicant and approved by the
municipal engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the facility(ies).
2.
The drainage plan for the development site shall establish responsibilities
for the continuing operating and maintenance of all proposed stormwater
control facilities, consistent with the following principals:
A.
If a development consists of 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 control facilities
may also be dedicated to and maintained by the municipality.
B.
If a development site is to be maintained in a single ownership or
if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities may be the responsibility of the owner or private management
entity.
3.
The municipality, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing operations and
maintenance responsibilities prior to final approval of the drainage
plan. The municipality reserves the right to accept or reject the
ownership and operating responsibility for any or all of the stormwater
management controls and BMPs.
[Ord. No. 1358, 9/12/2022]
1.
Prior to final approval of the site's stormwater management
plan, the applicant shall sign and record the maintenance agreement
contained in Appendix A which is attached and made part hereof,[1] covering all stormwater control facilities that are to
be privately owned.
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 is included as an attachment to this chapter.
2.
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 municipality.
3.
The owner is responsible for operation and maintenance of the stormwater
control facilities that are to be privately owned. If the owner fails
to adhere to the operation and maintenance 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. 1358, 9/12/2022]
1.
Persons installing stormwater management facilities and best management
practices shall be required to pay a specified amount to the municipal
stormwater maintenance fund to help defray costs of periodic inspections
and maintenance expenses. The amount of the deposit shall be determined
as follows:
A.
If the stormwater management facilities and best management practices
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 Municipal Engineer. After that period
of time, inspections will be performed at the expense of the municipality.
B.
If the stormwater management facilities and best management practices
facility is to be owned and maintained by the municipality, the deposit
shall cover the estimated costs for maintenance and inspections for
10 years. The Municipal Engineer will establish the estimated costs
utilizing information submitted by the applicant.
C.
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Municipal Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
2.
If a stormwater management facility and best management practices
facility are proposed that also serves as a recreation facility (e.g.,
ballfield, lake), the municipality may reduce or waive the amount
of the maintenance fund deposit based upon the value of the land for
public recreation purpose.
3.
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.
4.
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:
5.
If a stormwater control or BMP is proposed that also serves as a
recreation facility (e.g., ballfield or lake), the municipality may
adjust the amount due accordingly.
6.
Long-Term Maintenance. The municipality may require applicants to
pay a fee to the municipal stormwater maintenance fund to cover long-term
maintenance of stormwater control and best management practices.
7.
Stormwater-Related Problems. The municipality may require applicants
to pay a fee to the municipal stormwater maintenance fund to cover
stormwater related problems which may arise from the land development
and earth disturbance.
[Ord. No. 1358, 9/12/2022]
1.
All plans shall include a plan note stating that the municipality
shall have the right to enter private property to inspect and repair,
if necessary, any stormwater management facility.
2.
All plans shall note that the stormwater management facilities are
a permanent part of the development and shall not be removed, altered,
or modified.
[Ord. No. 1358, 9/12/2022]
It shall be unlawful to alter or remove any permanent stormwater
facility or 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. No. 1358, 9/12/2022]
1.
Stormwater management easements are required for all areas used for
off-site stormwater control unless a waiver is granted by the Municipal
Engineer.
2.
Stormwater management easements shall be provided by the property
owner if necessary for A) access for inspections and maintenance;
or B) preservation of stormwater runoff conveyance, infiltration,
and detention areas and other BMPs, by persons other than the property
owner. The purpose of the easement shall be specified in any agreement
under § 26-137.
[Ord. No. 1358, 9/12/2022]
1.
The owner of any land upon which permanent 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 Bucks County, within 15 days of
approval of the stormwater control and BMP operations and maintenance
plan by the municipality:
2.
The municipality may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply
with this section.
[Ord. No. 1358, 9/12/2022]
1.
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.
2.
The municipality shall notify the applicant in writing whether the
stormwater control and BMP operations and maintenance plan is approved.
