[Ord. No. 1358, 9/12/2022]
1. For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Borough 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; or
B. The amount and method of payment provided for in Subdivision and
Land Development Ordinance.
2. For other regulated activities, the Borough shall require a financial
guarantee from the applicant in an amount to be reviewed and approved
by the Municipal Engineer.
[Ord. No. 1358, 9/12/2022]
1. 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 Borough:
A. The O&M plan, or a summary thereof;
2. The Borough 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.
3. The following items shall be included in the stormwater facility
and BMP O&M plan:
A. Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Bucks County,
and shall be submitted on twenty-four-inch-by-thirty-six-inch sheets,
or as approved by the Municipal Engineer. The contents of the map(s)
shall include, but not be limited to:
(1)
Clear identification of the location and nature of stormwater
facilities and BMPs;
(2)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
(3)
Existing and final contours at intervals of two feet, or one
foot as appropriate;
(4)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(5)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved;
(6)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines on site and within 50 feet of property lines
of the project site;
(7)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(8)
Proposed final structures, roads, paved areas, and buildings;
and
(9)
A minimum twenty-foot-wide access easement around all stormwater
facilities and BMPs that would provide ingress to and egress from
a public right-of-way.
B. A description of how each stormwater facility and BMP will be operated
and maintained, and the identity and contact information associated
with the person(s) responsible for O&M;
C. 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
D. A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that can be altered or
removed only after approval by the Borough.
4. The stormwater facility and BMP O&M 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 Borough, stormwater facilities and BMPs may
also be offered for dedication to and maintained by the Borough.
B. If a plan includes O&M by single ownership, or if sewers and
other public improvements are to be privately owned and maintained,
the O&M of stormwater facilities and BMPs shall be the responsibility
of the owner or private management entity.
5. The Borough shall make the final determination on the continuing
O&M responsibilities prior to final approval of the SWM site plan.
The Borough may require a dedication of such facilities as part of
the requirements for approval of the SWM plan. Such a requirement
is not an indication that the Borough will accept the facilities.
The Borough reserves the right to accept or reject the O&M responsibility
for any or all portions 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 Borough may take enforcement actions against an owner for any
failure to satisfy the provisions of this article and this Part.
[Ord. No. 1358, 9/12/2022]
1. The Borough shall review the stormwater facilities and BMP O&M
plan for consistency with the purposes and requirements of this Part,
and any permits issued by PADEP.
2. The Borough shall notify the applicant in writing whether the stormwater
facility and BMP O&M plan is approved.
3. The Borough shall require a "record drawing" of all stormwater facilities
and BMPs.
[Ord. No. 1358, 9/12/2022]
1. Prior to final approval of the SWM site plan, the property owner
shall sign and record an O&M agreement with the Borough covering
all stormwater facilities and BMPs that are to be privately owned.
The O&M agreement shall be transferred with transfer of ownership.
The agreement shall be substantially the same as the agreement in
Appendix A and subject to the satisfaction of the Municipal Solicitor.
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 keep on file with the Borough 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 Borough within 10 working days of the change.
2. 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 Borough, including the Municipal Solicitor.
3. The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M Agreement, the Borough 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. The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan.
2. The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.
3. The owner must convey to the Borough conservation easements to assure
access for periodic inspections by the Borough and maintenance, as
necessary.