A. 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of BMP operations and maintenance plan which describes how the permanent (e.g., postconstruction) stormwater BMPs will be properly operated and maintained.
B. 
The following items shall be included in the BMP operations and maintenance 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 or thirty-inch-by-forty-two-inch sheets. The contents of the maps(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of permanent stormwater 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) 
A fifteen-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.
(2) 
A description of how each permanent stormwater BMPs will be operated and maintained and the identity of the person(s) responsible for operations and maintenance;
(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; and
(4) 
A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Township.
A. 
The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent 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 BMPs may also be dedicated to and maintained by the Township;
(2) 
If a plan includes operations and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
B. 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.
A. 
The Township shall review the BMP operations and maintenance plan for consistency with the purposes and requirements of this chapter and any permits issued by DEP.
B. 
The Township shall notify the applicant in writing whether the BMP operations and maintenance plan is approved.
C. 
The Township may require an as-built survey of all stormwater BMPs and an explanation of any discrepancies with the operations and maintenance plan.
A. 
The property owner shall sign an operations and maintenance agreement with the Township covering all BMP that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix B of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment 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 BMPs. The agreement shall be subject to the review and approval of the Township.
A. 
Stormwater management easements are required for all areas used for off-site stormwater control unless a waiver is granted by the Municipal Engineer. All such easements shall be in a form satisfactory to the Township Solicitor.
B. 
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or preservation of stormwater runoff conveyance, infiltration and detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 258-18.
A. 
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Montgomery County within 15 days of approval of the BMP operations plan by the Township:
(1) 
The operations and maintenance plan or a summary thereof;
(2) 
Operations and maintenance agreements under § 258-18; and
(3) 
Easements under § 258-19.
B. 
The Township may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
If stormwater BMPs are accepted by the Township for dedication, the Township may require persons installing stormwater BMPs to pay a specified amount to the municipal BMP operation and maintenance fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
A. 
If the stormwater BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Township.
B. 
The amount shall then be converted to present worth of the annual series values.