[Ord. 429, 11/7/2006]
The applicant should provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved Delaware River South Stormwater Management Plan and this Chapter equal to the full construction cost of the required controls.
[Ord. 429, 11/7/2006]
1. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Borough Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).
2. 
The drainage plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principals:
A. 
If a development consists of structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough, stormwater control facilities may also be dedicated to and maintained by the Borough.
B. 
If a development site is to be maintained in a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities may be the responsibility of the owner or private management entity.
3. 
The Borough, upon recommendation of the Borough Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan. The Borough reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
4. 
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:
A. 
Not used at this time.
B. 
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 controls and BMPs shall be the responsibility of the owner or private management entity.
5. 
The Borough shall make the final determination on the continuing operations and maintenance responsibilities. The Borough reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
[Ord. 429, 11/7/2006]
1. 
The Borough shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this Chapter, and any permits issued by DEP.
2. 
The Borough shall notify the applicant in writing whether the stormwater control and BMP operations and maintenance plan is approved.
3. 
The Borough shall require a “record drawing” of all stormwater controls and BMPs, and an explanation of any discrepancies with the operations and maintenance plan.
[Ord. 429, 11/7/2006]
1. 
Prior to final approval of the site’s Stormwater Management Plan, the applicant shall sign and record the maintenance agreement contained in Appendix 23-A which is attached and made part hereof, covering all stormwater control facilities that are to be privately owned.
2. 
The applicant shall sign an operations and maintenance agreement with the Borough covering all stormwater controls and BMPs that are to be privately owned. The maintenance agreement shall be transferred with transfer of ownership. The agreement shall be substantially the same as the agreement in Appendix 23-A.
3. 
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 Borough.
[Ord. 429, 11/7/2006]
1. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Borough Engineer.
2. 
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance, or the preservation of stormwater runoff conveyance, infiltration and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under §23-705.
[Ord. 429, 11/7/2006]
1. 
The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, 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 Bucks County, within 15 days of approval of the stormwater control and BMP operations plan by the Borough:
A. 
The operations and maintenance plan, or a summary thereof.
B. 
Operations and maintenance agreements under §23-705.
C. 
Easements under §23-706.
2. 
The Borough 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.
[Ord. 429, 11/7/2006]
1. 
Persons installing stormwater management facilities and best management practices shall be required to pay a specified amount to the Borough stormwater maintenance fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
A. 
If the stormwater management facilities and best management practices is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.
B. 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Borough Council.
2. 
If a stormwater management facility and best management practices facility are proposed that also serves as a recreation facility (e.g., ballfield, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
[Ord. 429, 11/7/2006]
1. 
All plans shall include a plan note stating that the Borough shall have the right to enter private property to inspect and repair, if necessary, any stormwater management facility.
2. 
All plans shall note that the stormwater management facilities are a permanent part of the development and shall not be removed, altered or modified.