A.
For all activities requiring submittal of an 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, shall be of a size as determined by the offices of the Recorder
of Deeds. 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 F[1]). 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.
[1]
Editor's Note: See the appendix material included as attachments to 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 § 490-39.
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.
The landowner or the owner'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.
B.
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 Subsection A(1) and (2) above shall be submitted to the municipality within 30 days following completion of the inspection.
