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 Delaware
County, shall be submitted on twenty-four-inch by thirty-four-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 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)
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.
(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 which 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.
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 shall notify the applicant in writing whether or
not the stormwater control and BMP operations and maintenance plan
is approved.
C.
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 substantially the
same as the agreement in Appendix I[1] of this chapter.
[1]
Editor's Note: Appendix I is on file in the Borough offices.
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, unless a waiver is granted by the Municipal
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 § 316-33.
A.
Prior to final approval of the site's drainage plan, the applicant
shall sign and record the maintenance agreement contained in Appendix
I[1] which is attached and made part hereof covering all stormwater
control facilities that are to be privately owned.
[1]
Editor's Note: Appendix I is on file in the Borough offices.
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 governing body.
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 Delaware County within 15 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.
A.
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:
(1)
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.
(2)
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.
(3)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Municipal Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
B.
If a stormwater control or BMP is proposed that also serves as a
recreational facility (e.g., ball field or lake), the municipality
may reduce or waive the amount of the maintenance fund deposit based
upon the value of the land for public recreational purpose.
C.
If at some future time, a stormwater control or BMP (whether publicly
or privately owned) is eliminated due to the installation of storm
sewers or other storage facility, the unused portion of the maintenance
fund deposit will be applied to the cost of abandoning the facility
and connecting to the storm sewer system or other facility. Any amount
of the deposit remaining after the costs of abandonment are paid will
be returned to the depositor.
D.
If stormwater controls or BMPs are accepted by the municipality for
dedication, the municipality may require persons installing stormwater
controls or BMPs to pay a specified amount to the Municipal Stormwater
Control and BMP Operation and Maintenance Fund to help defray costs
of operations and maintenance activities. The amount may be determined
as follows:
E.
If a stormwater control or BMP is proposed that also serves as a
recreational facility (e.g., ball field or lake), the municipality
may adjust the amount due accordingly.
F.
The municipality may require applicants to pay a fee to the Municipal
Stormwater Control and BMP Operation and Maintenance Fund to cover
long-term maintenance of stormwater controls and BMPs.
G.
The municipality may require applicants to pay a fee to the Municipal
Stormwater Control and BMP Operation and Maintenance Fund to cover
stormwater-related problems which may arise from the land development
and earth disturbance.
