A.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Township for the timely installation
and proper construction of all stormwater management controls:
B.
For other regulated activities, the Township may require a financial
guarantee from the applicant in an amount not to exceed the full construction
cost of the required controls.
A.
No nonexempt regulated activities within the Township shall commence
until approval by the Township 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 Bucks County,
and which shall be submitted on sheets 24 inches by 36 inches in size.
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 drainagecourses, and areas of natural
vegetation to be preserved;
(f)
The locations of all existing and proposed utilities, sanitary
sewers, and waterlines 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 controls
and BMPs that would provide ingress to and egress from a public right-of-way.
(2)
All plans shall include a plan note stating that the Township
shall have the right to enter private property to inspect and repair,
if necessary, any stormwater management facility;
(3)
All plans shall note that the stormwater management facilities
are a permanent part of the development and shall not be removed,
altered or modified;
(4)
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;
(5)
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
(6)
A statement, signed by the landowner, acknowledging that the
stormwater controls and BMPs are permanent fixtures that can be altered
or removed only after written approval by the Township designee, upon
recommendation of the Township Engineer.
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 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)
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 Township, upon the recommendation of the Township Engineer, 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.
A.
The Township Engineer 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 Township Engineer shall notify the applicant, in writing, whether
the stormwater control and BMP operations and maintenance plan is
approved.
C.
The Township shall require a record drawing (aka "as-built plan")
of all stormwater controls and BMPs and an explanation of any discrepancies
with the operations and maintenance plan.
D.
Upon approval of the stormwater control and BMP operations and maintenance
plan, the applicant shall provide a electronic copy, in a usable format,
of a plan showing the location of stormwater facilities to be used
in the Township's NPDES 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.
Prior to final approval of a site's stormwater control and BMP
operations and maintenance plan, the applicant shall sign and record
an operations and maintenance agreement with the Township covering
all stormwater controls and BMPs that are to be privately owned. The
operations and maintenance agreement shall be transferred with transfer
of ownership. The operations and maintenance agreement shall be substantially
the same as the agreement in Appendix A to this chapter.[1]
[1]
Editor's Note: Appendix A 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
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the Township Solicitor.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Township
Engineer.
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 § 430-805.
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 Bucks County within 15 days of approval of the stormwater control
and BMP operations plan by the Township:
B.
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.
