Borough of Doylestown, PA F Administration.

§ 8-151 Schedule of Inspections.

[Ord. 2011-12, 6/20/2011]

1. Prior to construction of the stormwater management facilities specified in the approved stormwater management site plan, the developer must provide a schedule of inspections to the Borough Engineer. These inspection provisions pertain only to construction activities regulated by the land preparation provisions of this Part. However, any activities granted exemption from plan preparation provisions as described in § 8-108 and therefore exempt from the inspection provisions must manage stormwater in the manner specified in the other provisions of this Part.

2. The Borough Engineer shall inspect all phases of development of the site including, but not limited to:

A. Completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil, and construction of temporary stormwater management and erosion control facilities.

B. Completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and groundcovers.

C. During construction of the permanent stormwater facilities.

D. During construction of the permanent stormwater management facilities, including established groundcovers and plantings.

E. Upon completion of any final grading, vegetative control measures or other site restoration work done in accordance with the approved stormwater management site plan and permit.

3. No work shall begin on a subsequent stage until the preceding stage has been inspected and/or approved by the Borough Engineer.

4. It is the responsibility of the developer to notify the Borough Engineer 48 hours in advance of any work and of the completion of each phase of development.

5. Any portion of the work that does not comply with the approved stormwater management plan must be corrected by the developer within 10 days after written notification to the developer. No work may proceed on any subsequent phase of the stormwater management site plan, the subdivision or land development or building construction until the required corrections have been made.

6. If at any stage of the work the Borough Engineer determines that the soil or other conditions are not as stated or shown in the approved application, the same may refuse to approve further work and the Borough may revoke existing permits until a revised stormwater management site plan is submitted and approved, as required by § 8-135 of this Part. If the revised stormwater management plan cannot remedy the situation, Doylestown Borough reserves the right to cancel its approval and halt all work except that work required to eliminate the activity and return the site to pre-activity conditions as much as is reasonably possible.

7. If the Borough Engineer discovers that the facilities or measures installed may be in violation of Chapter 102 (Erosion Control) of the Clean Streams Law provision, the Borough Engineer will refer these violations to the Bucks County Conservation District.

8. When the developer has completed all the required facilities for a subdivision or land development, he shall notify Doylestown Borough, in writing, by certified or registered mail, and shall send a copy of such notice to the Code Enforcement Officer of Doylestown Borough. The Borough Council shall, within 10 days after receipt of such notice, authorize the Borough Engineer to inspect the required facilities. Following this final inspection, the Borough Engineer shall promptly file a report, in writing, with the Borough Council, and shall mail a copy of the report to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization by the Borough Council.

9. As-Built Plans, Completion Certificate, and Final Inspection.

[Amended by Ord. No. 2022-7, 9/19/2022]

A. The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM Site Plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to Doylestown Borough.

B. The as-built submission shall include a certification of completion signed by and include the seal of a Pennsylvania registered professional engineer and/or surveyor verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. The latitude and longitude coordinates for all permanent SWM BMPs must also be submitted, at the central location of the BMPs. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.

C. After receipt of the completion certification by Doylestown Borough, the Borough may conduct a final inspection.

§ 8-152 Fees and Expenses.

[Ord. 2011-12, 6/20/2011]

1. Fees shall be established, from time to time, by resolution of the Borough Council, which at a minimum will cover:

A. The review of stormwater management site plans. Review shall mean all technical review, meetings and discussions relative to the plan.

B. Stormwater management permit issuance.

C. Site inspection.

D. Inspection of required controls and improvements during construction.

E. The final inspection upon completion of the controls and improvements required in the plan.

F. Any additional work required to enforce any permit provisions regulated by this Part, correct violations and ensure the completion of stipulated remedial actions.

2. No permit to begin any work on the project shall be issued until the requisite fees have been paid.

3. If it is determined that a modification to the existing stormwater management site plan is required under § 8-135 of this Part, a new stormwater management permit shall not be issued until the additional fees have been paid by the applicant.

§ 8-153 Financial and Maintenance Guarantees.

[Ord. 2011-12, 6/20/2011]

1. Performance Guarantees.

A. The Borough Council may, prior to the issuance of a stormwater management permit and/or approval of a final subdivision/land development plan, require financial security as a performance guarantee for stormwater management control facilities in a form to be approved by the Doylestown Borough Solicitor. If requested by the developer, in order to facilitate financing, the Borough Council may furnish the developer with a signed resolution indicating approval of the subdivision/land development plan and/or stormwater management plan contingent upon the developer obtaining a satisfactory financial security. The record plan shall not be signed or recorded nor a stormwater management permit issued until a financial improvement agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Borough Council. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

B. Where required, the developer shall file with the Borough Council financial security in an amount sufficient to cover the costs of the stormwater management facilities. Without limitation as to other types of financial security which the Borough may approve, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the developer, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond, or other security, shall provide for and secure to the public completion of the stormwater management facilities, which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

C. The amount of financial security shall be equal to 110% of the cost to install the required facilities estimated as of 90 days following the date scheduled for completion.

D. If a developer requires more than one year from the date of posting of the financial security to complete the required facilities, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required facilities as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.

E. The amount of financial security required shall be based upon an estimate of the cost of the facilities submitted by the developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Borough Council are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough Council and the developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is chosen, fees for the services of said engineer shall be paid equally by Doylestown Borough and the developer.

F. In the case where development is projected over a period of years, the Borough Council may authorize submission of stormwater management site plan applications by sections or stages of development so as to require or guarantee that stormwater management facilities in both current and future stages of development will provide the protection of the finally approved stage of the development.

G. As the work of installing the required stormwater facilities proceeds, the developer may request the Borough Council to release of or authorize release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, addressed to the Borough Council, which shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the facilities has been completed in accordance with the stormwater management site plan and permit. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the facilities completed, or, if the Borough Council fails to act within a forty-five-day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release, require retention of 10% of the estimated cost of the aforesaid facilities. The final release of the financial security provisions shall be permitted only after receipt by the Borough Council of certification and as-built plans as required in § 8-151, Subsection 9.

H. In the event that any stormwater management facilities which may be required have not been installed as provided in this Part or in accordance with the approved stormwater management plan, the Borough Council has the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the facilities covered by said security, the Borough Council may, at its option, install part of such facilities in all or part of the development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the stormwater management facilities covered by such security and not for any other purpose.

2. Maintenance Responsibility and Guarantees.

A. The maintenance responsibilities for permanent stormwater runoff control facilities shall be determined based upon the type of ownership of the property which is controlled by the facilities. Doylestown Borough 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 Borough will accept the facilities. The Borough reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.

[Amended by Ord. No. 2022-7, 9/19/2022]

(1) Single-Entity Ownership. Where the permanent stormwater runoff control facilities are designed to manage runoff from property in a single-entity ownership as defined below, the maintenance responsibility for the stormwater control facilities shall be with the single-entity owner. The stated responsibility of the entity related to owning and maintaining the facilities shall be submitted with the stormwater management plan for determination of their adequacy. Approval of the stormwater management plan shall depend upon the approval of these terms. These terms shall be in writing, shall be in a recordable form and shall, in addition to any other terms deemed necessary by the Borough Council, contain a provision permitting inspection at any reasonable time by the Borough Engineer of all such facilities deemed critical in the public welfare. A single entity shall be defined as an association, public or private corporation, partnership, firm, trust, estate of any other legal entity empowered to own real estate, exclusive of an individual lot owner.

(2) Borough Ownership. Where the Borough Council has accepted an offer of dedication of the permanent stormwater management facilities, the Borough Council shall be responsible for maintenance. Upon approval of the stormwater management facilities by the Borough Council, the developer shall provide financial security, in a form approved by the Doylestown Borough Solicitor for maintenance guarantees, as follows:

(a) Construction Maintenance Bond. The Borough Council may require the posting of a maintenance bond to secure the structural integrity of said facilities, as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan, for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in § 8-153, Subsection 1, with regard to installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.

(b) Long-Term Maintenance Bond. The long-term maintenance bond shall be in an amount equal to the present worth of maintenance of the facilities for a ten-year period. The estimated annual maintenance cost for the facilities shall be based on a fee schedule provided by the Borough Engineer and adopted by the Borough Council. The fee schedule must be reasonable. A cash contribution can be used in lieu of the long-term maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.

(c) Documentation. The terms of the maintenance guarantee shall be documented as part of the stormwater management phase as per § 8-132, Subsection 2D, this Part. For certain types of facilities, the Borough Council may benefit by transferring the maintenance responsibility to an individual or group of individuals residing within the controlled area. These individuals may have the permanent stormwater control facilities adjacent to their lots or otherwise have an interest in the proper maintenance of the facilities. In these instances, the Borough Council and the individual(s) may enter into a formal agreement for the maintenance of the facilities whereby Doylestown Borough shall maintain ownership of the facilities and be responsible for periodic inspections.

(3) Individual Lot Ownership. Where any stormwater management facility is located on an individual lot and maintenance thereof is the responsibility of that landowner, a description of the facility or systems and the terms of the required maintenance shall be incorporated as a part of the deed to the property. The deed shall be recorded with the County Recorder of Deeds within 90 days following the Borough Council approval. In addition, the Borough Council may require as a condition of approval that a deed conveying any interest in such lot contain language indicating that the conveyance is subject to an express covenant by the grantee that the grantee will maintain the stormwater management facility.

(4) Multi-Entity Ownership. In cases where property is in multiple ownership (i.e., many individuals' ownership of various portions of the property on which stormwater facilities are located) the developer(s) shall enter into an agreement with the Borough to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of Subsection 2A(3) of this section shall apply.

B. Liability Insurance. If, in the opinion of the Borough Council based upon a report of the Borough Solicitor, the nature of the work is such that it may create a hazard to human life or endanger adjoining property or streets, the Borough Council shall, before issuing the stormwater management permit, require that the applicant file a certificate of insurance showing that there exists insurance against claims for damages for personal injury, bodily injury and property damage, including damage to Doylestown Borough by surface water flow which has been altered on the site. The liability insurance shall be to the amount prescribed by the Borough in accordance with the nature of the risks involved and include the Borough as an additional insured. Such insurance shall be written by a company licensed to do business in the commonwealth. Neither issuance of the stormwater management permit nor compliance with the provisions hereto or any conditions imposed by the Borough shall relieve any person from any responsibility for damage otherwise imposed by law, nor impose any liability upon Doylestown Borough or its officers and employees for damages to persons or property.

C. Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.

[Added by Ord. No. 2022-7, 9/19/2022]

D. The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.

[Added by Ord. No. 2022-7, 9/19/2022]

E. Doylestown Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this Subsection 2.

[Added by Ord. No. 2022-7, 9/19/2022]

F. Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A[1]) covering all stormwater control facilities which are to be privately owned.

[Added by Ord. No. 2022-7, 9/19/2022]

(1) The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.

(2) The owner shall convey to Doylestown Borough conservation easements to assure access for periodic inspections by the Borough and maintenance, as necessary.

(3) The owner shall keep on file with Doylestown Borough 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 Borough within 10 working days of the change.

[1] Editor's Note: Said appendix is on file in Borough offices.

G. The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, Doylestown Borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.

[Added by Ord. No. 2022-7, 9/19/2022]

§ 8-154 Right-of-Entry.

[Ord. 2011-12, 6/20/2011]

Upon presentation of proper credentials, duly authorized representatives of Doylestown Borough may enter at reasonable times upon any property within Doylestown Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Part.

§ 8-155 Stormwater Violation Sanctions and Notification.

[Ord. 2011-12, 6/20/2011]

1. Public nuisance.

A. The violation of any provision of this Part is hereby deemed a public nuisance.

B. Each day that a violation continues shall constitute a separate violation.

2. Enforcement.

A. Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Borough may order compliance by written notice to the responsible person. Such notice may require, without limitation:

(1) The performance of monitoring, analyses and reporting.

(2) The elimination of prohibited discharges.

(3) Cessation of any violating discharges, practices or operations.

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.

(5) Payment of a fine to cover administrative and remediation costs.

(6) The implementation of stormwater BMPs.

(7) Operation and maintenance of stormwater BMPs.

B. Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part. All such penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all other remedies available in law or equity.

3. Suspension and revocation of permits and approvals. The stormwater management permit and any building, land development or other permit or approval for regulated earth disturbance activities issued by the Borough may be suspended or revoked by the governing body for:

A. Noncompliance with, or failure to implement, any provision of the permit;

B. A violation of any provision of this Part; or

C. The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.

4. In the event that an owner, subdivider, developer or his agent fails to comply with the requirements of this Part or fails to conform to the requirements of any permit issued thereunder, Doylestown Borough shall provide written notification of violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of this Part (§ 8-156).

§ 8-156 Violations and Penalties.

[Ord. 2011-12, 6/20/2011]

1. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

2. The Bucks County Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

3. Nothing contained in this section shall be construed or interpreted to grant to any person or entity, other than Doylestown Borough, the right to commence any action for enforcement pursuant to this section.

§ 8-157 Appeals.

[Ord. 2011-12, 6/20/2011]

1. An appeal from any action or decision of the Borough Council concerning regulated activities specified in § 8-106(1)(A) and (B) shall be made to the Bucks County Court of Common Pleas pursuant to Article X-A of the Pennsylvania Municipalities Planning Code.

2. The Borough Council may hear and decide appeals where it is alleged that the Borough has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this Part concerning regulated activities specified in § 8-106(1)(C) through (J).

3. Any decision by the Borough Council regarding an appeal pursuant to Subsection 2 shall be rendered to the applicant, in writing, within 60 days. Nothing in Subsection 2 shall be construed to deny the appellant the right to proceed directly to the Bucks County Court of Common Pleas.

4. The approval of an appeal shall not have the effect of making null and void the intent and purpose of this Part.

§ 8-158 Adoption.

[Ord. 2011-12, 6/20/2011]

This Part is hereby ordained and enacted this 20th day of June 2011.