[Ord. No. 261, 3/6/2023]
The following shall apply to all regulated activities in accordance with the requirements of the subsequent sections of this Part
7.
1. Continuing operations and maintenance responsibilities of all permanent
BMPs, conveyances, or other stormwater management facilities shall
be reviewed and approved by the municipality along with the SWM site
plan. The municipality may require an offer of 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 municipality reserves the right to
accept or reject the operations and maintenance responsibility for
any portion of or all of the BMPs, conveyances or other stormwater
controls and facilities.
2. An operation and maintenance (O&M) plan shall be submitted to
the municipality for review and approval for all existing and proposed
permanent BMPs and man-made conveyances or other stormwater facilities
identified in the SWM site plan. Multiple BMPs or conveyances may
be addressed by a combined O&M plan where all such facilities
are similar in O&M requirements and ownership.
3. The O&M plan(s) and O&M agreement(s) shall name the person
identified in the SWM site plan who shall be the owner of and be responsible
for ongoing inspections, operation, repair, and maintenance of each
BMP or conveyance following completion of construction.
4. The person responsible for the operation and maintenance of a BMP
or conveyance shall make records of the inspections and of all maintenance
and repairs, and shall retain the records for at least five years.
These records shall be submitted to the municipality.
5. For any BMP or man-made conveyance (including any to be located on
any property other than the property being developed by the applicant)
to be owned by a person other than the municipality:
A. An O&M agreement shall be submitted to the municipality for review
and approval; and
B. The O&M plan shall be attached to, incorporated within, and recorded
as a public record along with a fully executed O&M agreement,
all of which shall be recorded as a restrictive covenant that runs
with the land and shall be binding upon the landowner and any heirs,
administrators, successors in interest or assigns of the landowner.
The O&M agreement and attached O&M plan shall be recorded
no later than the recording of the associated land development or
subdivision plan, or, if not a land development or a subdivision,
then not later than 90 days after the approval of the O&M agreement.
6. The following shall be provided for all BMPs and conveyances (including
any to be located on any property other than the property being developed
by the applicant) by an O&M or other agreement or by otherwise
establishing covenants, easements, deed restrictions, or by dedication
to the municipality:
A. Permanent protection of the BMP or conveyance from disturbance or
alteration;
B. Right of entry and access for the municipality for inspection and enforcement of this chapter (including §
23-903, Subsection
7) and any applicable O&M plan or O&M agreement; and
C. Right of entry and access for the person owning the BMP or conveyance and responsible for fulfilling the O&M requirements when that person is not the municipality and is different from the owner of the property on which the BMP or conveyance is located (such as may be applicable for §
23-301, Subsection
11, of this chapter).
7. All O&M and other agreements, covenants, easements, and deed
restrictions shall:
A. Be submitted to the municipality for review and approval;
B. Be recorded as a public record, upon approval, against each parcel(s)
which is part of the SWM site plan or otherwise contains any BMP or
conveyance comprising part of the regulated activity which is the
subject of an O&M agreement; and
C. Run with the land and be binding upon the landowner, its heirs, administrators,
successors in interest, and assigns.
8. The materials, documents and content required by this Part
7 may be prepared in conjunction with and incorporated with similar materials, documents and content required for other permit or approval applications, such as those required by PADEP for the post-construction stormwater management plan.
9. The O&M agreement and other agreements, covenants, easements
and deed restrictions shall be recorded no later than the recording
of the associated land development or subdivision plan, or, if not
a land development or a subdivision, then not later than 90 days after
the approval of the O&M agreement and, after recordation, a time-stamped
copy shall be delivered to the municipality.
[Ord. No. 261, 3/6/2023]
The following items shall be included in the O&M plan, unless
otherwise approved by the Municipal Engineer:
1. A plan sheet(s) or map(s) showing each BMP and man-made conveyance
and which shall include, but not be limited to:
A. Property(ies) identification (owner name and address; and property
address and/or lot and/or tax parcel number, etc.), property boundaries
and tax parcel number of the land parcel on which the BMP or conveyance
is located.
B. Name, address, phone number, date prepared, signature and seal of
the licensed professional responsible for preparation of the plan
sheet or map.
C. Clear identification of the location, dimensions, and function of
each BMP or conveyance covered by the O&M plan.
D. The location of each BMP and conveyance relative to roadways, property
boundaries, or other identifiable landmarks and existing natural drainage
features such as streams, lakes, ponds, or other bodies of water within
the immediate vicinity of, or receiving discharge from, the BMP or
conveyance.
E. Delineation of the land area, structures, impervious surfaces and
conveyances draining to and from the BMP.
F. Representative elevations and/or topographic contours at intervals
of two feet, or other as acceptable to the Municipal Engineer.
G. Other features including FEMA floodplain and floodway boundaries,
sinkholes, etc., located within the immediate proximity of each BMP
and conveyance.
H. Locations of areas of vegetation to be managed or preserved that
function as a BMP or conveyance.
I. The locations of all surface and subsurface utilities, on-lot wastewater
facilities, sanitary sewers, and water lines within 20 feet of each
BMP or conveyance.
J. The following as it pertains to any easements, covenants and deed
restrictions established for each applicable BMP or conveyance:
(1)
Boundaries delineated with bearings and distances shown that
encompass the BMP or conveyance and that includes a fifteen-foot perimeter
area surrounding these features and sufficient vehicular ingress to
and egress from a public right-of-way and roadway;
(2)
Labels specifying the type and purpose of the easement, covenant,
or deed restriction and who it benefits; and
(3)
Labels with reference to any corresponding easement agreement,
covenant, deed restriction or other document to be recorded.
K. The plan sheet or map shall be prepared at sufficient scale for municipal
review, and ultimately for the use by the person responsible for operation
and maintenance, and shall also be prepared at a legible scale that
meets the requirements for recordation along with (and as an attachment
to) the O&M agreement and O&M plan at the Chester County Office
of the Recorder of Deeds.
2. The following information shall be included in the O&M plan and
written in a manner consistent with the knowledge and understanding
of the person who will be responsible for the maintenance activities:
A. The name and address of the following:
(1)
Property(ies) on which each BMP or conveyance is located;
(3)
Owner of each stormwater BMP or conveyance who is responsible
for implementation of the O&M plan;
(4)
Person responsible for maintaining adequate liability insurance
and payment of taxes; and
(5)
Person preparing the O&M plan.
B. A description of each BMP and conveyance and how the BMPs and conveyances
are intended to function.
C. A description of actions necessary to operate, inspect, and maintain
each BMP or conveyance, including but not limited to:
(1)
Lawn care, vegetation maintenance, landscaping, and planting;
(2)
Cleanout of accumulated debris and sediment (including from
grates, trash racks, inlets, etc.); and
(3)
Other anticipated periodic maintenance and repair.
D. The following statement shall be included:
"The landowner acknowledges that, per the provisions of the
municipality's Stormwater Management Ordinance, it is unlawful to
modify, remove, fill, landscape, alter or impair the effectiveness
of, or place any structure, other vegetation, yard waste, brush cuttings,
or other waste or debris into, any permanent stormwater management
BMP or conveyance described in this O&M plan or to allow the BMP
or conveyance to exist in a condition which does not conform to this
O&M plan, without written approval from the municipality."
E. Inspection and maintenance schedules. The person responsible for
the operation and maintenance of a BMP or conveyance shall make records
of the installation and of all maintenance and repairs, and shall
retain the records for at least five years. These records shall be
submitted to the municipality.
F. Explanation of the purpose and limitations of any easements, covenants,
or deed restrictions associated with any BMP or conveyance that are
to be recorded against the property.
3. A statement that no BMP or man-made conveyance may be used by the
owner or others for any purpose other than its intended stormwater
control function, or, if approved by the Municipal Engineer, a statement
of specific allowable uses of the BMP (i.e., recreational benefits
that maybe associated with certain BMPs owned by a homeowners' association,
or allowable uses by an individual residential landowner).
4. A statement that establishes a reasonable time frame for remedy of
deficiencies found by the owner during their inspections.
5. Language needed to fulfill the requirements of §
23-705, Subsections
2,
3, and
4, of this chapter.