The following shall apply to all regulated activities in accordance with the requirements of the subsequent sections of this Article
VII:
A. Continuing operations and maintenance responsibilities of all permanent
BMPs, conveyances, or other stormwater management facilities shall
be reviewed and approved by the Township along with the SWM site plan.
The Township 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 Township will accept the
facilities. The Township 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.
B. An O&M plan shall be submitted to the Township 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.
C. 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.
D. 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 Township:
(1)
An O&M agreement shall be submitted to the Township for
review and approval; and
(2)
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.
E. 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 agreement or other agreement or by
otherwise establishing covenants, easements, deed restrictions, or
by dedication to the Township:
(1)
Permanent protection of the BMP or conveyance from disturbance
or alteration;
(2)
Right of entry and access for the Township for inspection and enforcement of this chapter (including §
345-903G) and any applicable O&M plan or O&M agreement; and
(3)
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 Township and is different from the owner of the property on which the BMP or conveyance is located (such as may be applicable for §
345-301G of this chapter).
F. All O&M agreements and other agreements, covenants, easements
and deed restrictions shall:
(1)
Be submitted to the Township for review and approval;
(2)
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
(3)
Run with the land and be binding upon the landowner, its heirs,
administrators, successors in interest, and assigns.
G. The materials, documents and content required by this Article
VII 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.
The following items shall be included in the O&M plan, unless
otherwise approved by the Township Engineer:
A. A plan sheet(s) or map(s) showing each BMP and man-made conveyance
and which shall include, but not be limited to:
(1)
Property 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.
(2)
Name, address, phone number, date prepared, signature and seal
of the licensed professional responsible for preparation of the plan
sheet or map.
(3)
Clear identification of the location, dimensions, and function
of each BMP or conveyance covered by the O&M plan.
(4)
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.
(5)
Delineation of the land area, structures, impervious surfaces
and conveyances draining to and from the BMP.
(6)
Representative elevations and/or topographic contours at intervals
of two feet, or other as acceptable to the Township Engineer. Other
features, including FEMA floodplain and floodway boundaries, sinkholes,
etc., located within the immediate proximity of each BMP and conveyance.
(7)
Locations of areas of vegetation to be managed or preserved
that function as a BMP or conveyance.
(8)
The locations of all surface and subsurface utilities, on-lot
wastewater facilities, sanitary sewers, and waterlines within 20 feet
of each BMP or conveyance.
(9)
The following as it pertains to any easements, covenants and
deed restrictions established for each applicable BMP or conveyance:
(a)
Boundaries, delineated with bearings and distances shown, that
encompass the BMP or conveyance and that include a twenty-foot-perimeter
area surrounding these features and sufficient vehicular ingress to
and egress from a public right-of-way and roadway;
(b)
Labels specifying the type and purpose of the easement, covenant,
or deed restriction and who it benefits; and
(c)
Labels with reference to any corresponding easement agreement,
covenant, deed restriction or other document to be recorded.
(10)
The plan sheet or map shall be prepared at sufficient scale
for municipal review, and ultimately for 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.
B. 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:
(1)
The name and address of the following:
(a)
Property on which each BMP or conveyance is located;
(c)
Owner of each stormwater BMP or conveyance who is responsible
for implementation of the O&M plan;
(d)
Person responsible for maintaining adequate liability insurance
and payment of taxes; and
(e)
Person preparing the O&M plan.
(2)
A description of each BMP and conveyance and how the BMPs and
conveyances are intended to function.
(3)
A description of actions necessary to operate, inspect, and
maintain each BMP or conveyance, including but not limited to:
(a)
Lawn care, vegetation maintenance, landscaping and planting;
(b)
Cleanout of accumulated debris and sediment (including from
grates, trash racks, inlets, etc.); and
(c)
Other anticipated periodic maintenance and repair.
(4)
The following statement shall be included:
"The landowner acknowledges that, per the provisions of the
Township'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 Township."
(5)
Inspection and maintenance schedules.
(6)
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.
C. 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 Township Engineer, a statement
of specific allowable uses of the BMP (i.e., recreational benefits
that may be associated with certain BMPs owned by a homeowners'
association or allowable uses by an individual residential landowner).
D. A statement that establishes a reasonable time frame for remedy of
deficiencies found by the owners during their inspections.
E. Language needed to fulfill the requirements of §
345-705B,
C and
D of this chapter.