A.
For subdivisions and land developments, the applicant
shall provide a financial guarantee to the municipality for the timely
installation and proper construction of all stormwater management
controls as:
B.
For other regulated activities, the municipality may
require a financial guarantee from the applicant.
A.
No regulated earth disturbance activities within the
municipality shall commence until approval by the municipality of
a stormwater control and BMP operations and maintenance plan that
describes how the permanent (e.g., post-construction) stormwater controls
and BMPs will be properly operated and maintained.
B.
The following items shall be included in the stormwater
control and 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, shall be submitted on twenty-four-inch by thirty-six-inch
sheets. The contents of the map(s) shall include, but not be limited
to:
(a)
Clear identification of the location and nature
of permanent stormwater controls 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
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 twenty-foot-wide access easement around all
stormwater controls and BMPs that would provide ingress to and egress
from a public right-of way;
(2)
A description of how each permanent stormwater control
and BMP will be operated and maintained, and the identity and contact
information associated with 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 controls and BMPs are fixtures that can be altered
or removed only after approval by the municipality.
C.
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:
(1)
If a plan includes structures or lots that are to
be separately owned and in which streets, sewers, and other public
improvements are to be dedicated to the municipality, stormwater controls
and BMPs may also be dedicated to and maintained by the municipality;
(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 controls and BMPs shall be the responsibility of the
owner or private management entity.
D.
The municipality shall make the final determination
on the continuing operations and maintenance responsibilities. The
municipality reserves the right to accept or reject the operations
and maintenance responsibility for any or all of the stormwater controls
and BMPs.
E.
Letter of consistency that the plan is consistent
with all DEP permits issued.
A.
The municipality 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.
B.
The municipality may require a "record drawing" of
all stormwater controls and BMPs and an explanation of any discrepancies
with the operations and maintenance plan.
It shall be unlawful to alter or remove any
permanent stormwater control and BMP required by an approved stormwater
control and BMP operations and maintenance plan or to allow the property
to remain in a condition which does not conform to an approved stormwater
control and BMP operations and maintenance plan.
A.
The applicant shall sign an operations and maintenance
agreement with the municipality 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
in a form approved by the Township Solicitor.
[Amended 7-12-2012 by Ord. No. 2012-03]
B.
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 municipality.
A.
Stormwater management easements are required for all
areas used for off-site stormwater control.
B.
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 § 228-35.
A.
Prior to final approval of the site's drainage plan,
the applicant shall sign and record the maintenance agreement contained
in Appendix H which is attached and made part hereof[1] covering all stormwater control facilities that are to
be privately owned.
[1]
Editor's Note: Appendix H is included at the
end of this chapter.
B.
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory maintenance of
all facilities. The maintenance agreement shall be subject to the
review and approval of the Municipal Solicitor and the municipality.
A.
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 Montgomery County, within 90 days of approval of the
stormwater control and BMP operations and maintenance plan by the
municipality:
B.
The municipality 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.
Persons installing stormwater controls or BMPs
shall be required to pay a specified amount to the Municipal Stormwater
Control and BMP Operation and 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 control or BMP is to be privately
owned and maintained, the deposit shall cover the cost of periodic
inspections performed by the municipality for a period of 10 years,
as estimated by the Municipal Engineer. After that period of time,
inspections will be performed at the expense of the municipality.
B.
If the stormwater control or BMP is to be owned and
maintained by the municipality, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Municipal
Engineer will establish the estimated costs utilizing information
submitted by the applicant.
