A. 
For SWM Site Plans that involve Subdivision and Land Development activities, or involve redevelopment, the applicant shall provide a financial security and guarantee to the Township for the timely installation and proper construction of all SWM and E&S improvements as required by the approved SWM Site Plan and this chapter in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code[1] and the provisions of Chapter 178, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511.
B. 
The guarantee must be equal to or greater than the full construction cost of the required SWM and E&S improvements except the applicant may not be required to provide financial security for the costs of any improvements for which financial security is required to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[2]
[2]
Editor's Note: See 36 P.S. § 670-420.
C. 
The financial guarantee for SWM and E&S improvements may not be released until 1) the improvement is accepted in writing for long-term maintenance by the entity identified in the operation and maintenance (O&M) plan; 2) DEP or the District approved the Chapter 102 Notice of Termination (NOT) for the project; and 3) the improvement is inspected and approved by the Township.
A. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan. The Township may require 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 ownership and operation responsibility for any portion of the stormwater management controls.
B. 
SWM and Conveyance Facilities and BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions and conservation easements that run with the land.
C. 
The O&M Plan and Agreement shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The Township may take enforcement actions against an owner or revoke any approvals granted for the project site for any failure to satisfy the provisions of this article.
A. 
Prior to final approval of the SWM Site Plan, the property owner shall sign and record as a restrictive deed covenant that runs with the land an Operation and Maintenance Agreement (see Appendix A)[1] and an Operation and Maintenance Plan covering all SWM Control and Conveyance Facilities and BMPs which are to be privately owned.
(1) 
Prior to recording, the O&M Agreement and Plan shall be submitted to the Township for review and approval.
(2) 
Other items may be included in the O&M Agreement and Plan where determined necessary to guarantee the satisfactory O&M of all SWM and Conveyance Facilities and BMPs.
(3) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M Agreement and Plan.
(4) 
The owner shall obtain all necessary real estate rights to install, operate, and maintain all stormwater facilities in the SWM Site Plan.
(5) 
The owner shall convey to the Township SWM Conservation Easements to assure access for periodic inspections by the Township and maintenance, as necessary, for the preservation of SWM and Conveyance Facilities and BMPs.
(6) 
The owner shall keep on file with the Township the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the Township within 10 working days of the change. The O&M Plan and Agreement shall be transferred with transfer of ownership.
(7) 
The Township shall notify the applicant in writing whether the O&M Plan and Agreement is approved.
[1]
Editor's Note: Appendix A, Operation and Maintenance Agreement, is included as an attachment to this chapter.
B. 
The following items shall be included in the O&M 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 Bucks County, and shall be submitted on 24-inch by 36-inch sheets. The contents of the map(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of the SWM and Conveyance Facilities 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 one or 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, steep slopes, and areas of natural vegetation to be preserved;
(f) 
The locations of all existing and proposed utilities, sanitary sewers, and waterlines on site and 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) 
Location of all SWM Conservation Easements.
(2) 
A description and schedule of how each Stormwater and Conveyance Facility and BMP will be operated and maintained, and the identity, address, phone number, and email address associated with the person(s) responsible for O&M. The plan shall address short-term and long-term responsibilities for O&M.
(3) 
The name of the project site, the name, address, telephone number, and email address of the property owner and the firm or individual preparing the plan.
(4) 
A statement, as listed in § 173-24DD, signed by the SWM and Conveyance Facility and BMP owner.
C. 
The O&M Plan for the project site shall establish responsibilities for the continuing O&M of all SWM and Conveyance Facilities and 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, SWM and Conveyance Facilities and BMPs may also be offered for dedication to and maintained by the Township.
(2) 
If a plan includes O&M by single ownership, or if sewers and other public improvements are to be privately owned and maintained, the O&M of SWM and Conveyance Facilities and BMPs shall be the responsibility of the owner or private management entity.
D. 
The owner is responsible for operation and maintenance of the SWM and Conveyance Facilities and BMPs. If the owner fails to adhere to the O&M Agreement and Plan, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
A. 
SWM facilities shall be owned and maintained by one of the following entities:
(1) 
The Township.
(2) 
A property or homeowners' association.
(3) 
A conservancy or land trust.
(4) 
An individual or other legal entity which is the owner of all or part of the lot or tract which is served by the SWM facility.
B. 
The determination as to which of the foregoing will own and maintain the stormwater facilities shall be made by the Township based on the following requirements:
(1) 
SWM facilities in single-family, detached residential developments shall be proposed for dedication to the Township, unless otherwise determined by the Township governing body.
(2) 
In industrial, commercial, and residential developments other than single-family detached, SWM facilities shall be owned and maintained by an approved entity other than the Township, unless the Township, at its option, elects to accept dedication of such stormwater facilities.
(3) 
Where SWM facilities are not to be dedicated to the Township, the following are prerequisites for conveyance to an entity other than the Township.
(a) 
The conveyance must be to an entity approved by the Township prior to final SWM Site Plan approval.
(b) 
The instrument of conveyance must include provisions suitable to the Township to assure the perpetual maintenance and use of the stormwater facilities for that purpose. Such assurance shall include, but not be limited to, establishing to the reasonable satisfaction of the Township that the entity responsible for ownership and maintenance of the stormwater facilities has the financial ability to meet its obligations for perpetual ownership and maintenance.
(c) 
The right of the Township to enter upon and maintain the SWM facilities at the expense of the association, trust or property owner in the event of a failure to maintain the SWM facilities.
(d) 
Such other covenants and/or easements necessary to fulfill the purposes and intent of this section of Ordinance.
(4) 
Where the Township agrees to accept dedication and conveyance of SWM facilities, such acceptance shall be by acceptance of a deed of dedication from the developer.
(5) 
All regulated activities requiring a SWM Permit shall contribute to the Township a sum of money, to be determined by the Township and updated annually per the Township's discretion, per acre of SWM Conservation Easement, Riparian Buffer Easement, and/or land dedicated to the Township for the cost of maintenance of such facilities located within the easemented or dedicated area. These fees shall be used by the Township to maintain the land and SWM facilities. The fees shall be paid upon SWM Permit approval or acceptance of the deed of dedication.