The applicant/owner shall provide a financial
guarantee to the Township of Falls for the timely installation and
proper construction of all stormwater management facilities as required
by this chapter equal to 110% of the full construction cost of the
required facilities.
A.Â
The drainage plan for the development site shall contain
an operation and maintenance (O&M) plan prepared by the applicant/owner
and approved by the Township Engineer. The O&M plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the stormwater management facility(ies).
B.Â
The drainage plan for the development site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater management facilities, consistent with the following
principles:
(1)Â
If a development consists of 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 of Falls,
the management of stormwater management facilities (detention or retention
basins) shall remain the responsibility of the applicant/owner.
(2)Â
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 operation and maintenance of stormwater
management facilities shall be the responsibility of the owner or
private management entity.
(3)Â
The Board of Supervisors, upon recommendation of the
Township Engineer, shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the drainage
plan. The Board of Supervisors reserves the right to accept the ownership
and operating responsibility for any or all of the stormwater management
facilities.
C.Â
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)Â
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 controls
and BMPs may also be dedicated to and maintained by the Township;
(2)Â
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.Â
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 controls and BMPs.
(1)Â
The Township 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)Â
The Township shall notify the applicant in writing
whether or not the stormwater control and BMP operations and maintenance
plan is approved.
(3)Â
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 and all of the stormwater controls and BMPs.
E.Â
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.
F.Â
No person shall modify, remove, fill, landscape, or
alter any existing stormwater control or BMP unless it is part of
an approved maintenance program without the written approval of the
Township.
G.Â
No person shall place any structure, fill, landscaping,
or vegetation into a stormwater control or BMP or within a drainage
easement which would limit or alter the functioning of the stormwater
control or BMP without the written approval of the Township.
A.Â
The applicant shall sign an operations and maintenance
agreement with the Township 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 C[1] of this chapter.
[1]
Appendix C is included as an attachment to
this chapter.
B.Â
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 Township.
C.Â
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 and maintenance plan by the Township:
D.Â
The Township 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.
A.Â
If stormwater management facilities are accepted by
the Township of Falls for dedication, persons installing said facilities
shall be required to pay a specified amount to the Township Stormwater
Maintenance Fund to help defray costs of periodic inspections and
maintenance expenses. The amount of the deposit shall be determined
as follows:
(1)Â
If the stormwater management facility is to he owned
and maintained by the Township of Falls, the deposit shall cover the
estimated costs for maintenance and inspections for 10 years. The
Township Engineer will establish the estimated costs utilizing information
submitted by the applicant/owner.
(2)Â
The amount of the deposit to the fund shall be converted
to present worth of the annual series values. The Township Engineer
shall determine the present worth equivalents, which shall be subject
to the approval of the Township.
B.Â
If a stormwater management facility is proposed that
also serves as a recreation facility (e.g., ball field, lake), the
Township of Falls may reduce or waive the amount of the maintenance
fund deposit based upon the value of the land for public recreation
purpose.
C.Â
If, at some future time, a stormwater management facility
(whether publicly or privately owned) is eliminated due to the installation
of storm sewers or another facility, the unused portion of the maintenance
fund deposit will be applied to the cost of connecting to the storm
sewer system or other facility.
[Amended 12-18-2018 by Ord. No. 2018-11]
A.Â
Stormwater management facilities shall be inspected by the applicant
or owner or responsible entity (including the Township Engineer for
dedicated facilities) in accordance with the Township's stormwater
management operations and maintenance agreement.