(a)
For subdivisions and land developments, the applicant shall
provide a financial guarantee to the Township for the timely installation
and proper construction of all stormwater management (SWM) facilities
as:
(b)
For other regulated activities, the Township may require a financial
guarantee from the applicant.
(a)
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 operations and maintenance (O&M) plan, shall
record the following documents in the office of the Recorder of Deeds
for Montgomery County, within 90 days of approval of the stormwater
facility and BMP O&M plan by the Township:
(b)
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.
(c)
The following items shall be included in the stormwater facility
and BMP O&M plan:
(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 Montgomery
County, and shall be submitted on twenty-four-inch-by-thirty-six-inch
sheets. The contents of the maps(s) shall include, but not be limited
to:
A.
Clear identification of the location and nature of stormwater
facilities and BMPs.
B.
The location of the project site relative to highways, Township
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 on site and 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.
I.
At the discretion of the Township, a fifteen-foot-wide access
easement around all stormwater facilities and BMPs that would provide
ingress to and egress from a public right-of-way.
(2)
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.
(3)
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.
(4)
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 Township.
(d)
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:
(1)
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.
(2)
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.
(e)
The Township shall make the final determination on the continuing
O&M 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.
The Township reserves the right to accept or reject the O&M responsibility
for any or all of the stormwater facilities and BMPs.
(f)
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.
(g)
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
(h)
The Township may take enforcement actions against an owner for
any failure to satisfy the provisions of this article and this chapter.
(a)
The Township shall review the stormwater facilities and BMP
O&M plan for consistency with the purposes and requirements of
this chapter, and any permits issued by PADEP.
(b)
The Township shall notify the applicant in writing whether the
stormwater facility and BMP O&M plan is approved.
(c)
The Township shall require a "record drawing" of all stormwater
facilities and BMPs.
(a)
The owner shall sign an O&M agreement with the Township
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 subject to review and approval by
the Township Solicitor.
(1)
The owner, successor and assigns shall maintain all facilities
in accordance with the approve maintenance schedule in the O&M
agreement.
(2)
The owner shall convey to the Township conservation easements
to assure access for periodic inspections by the Township and maintenance,
as necessary.
(3)
The owner shall keep on file with the Township 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 Township within 10 working days of the change.
(b)
Other items may be included in the agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
facilities and BMPs. The O&M agreement shall be subject to the
review and approval of the Township Solicitor.
(c)
The owner is responsible for 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 or other action
provided under the O&M agreement.
(a)
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities in the SWM site plan
and the O&M plan.
(b)
The owner must provide the Township easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.
