[Ord. 2007-6, 4/11/2007, § 701]
No regulated earth disturbance activities within the Township
shall commence until approval by the Township of the BMP operations
and maintenance plan which describes how the permanent (e.g., post
construction) stormwater BMPs will be properly operated and maintained.
[Ord. 2007-6, 4/11/2007, § 702]
1.
The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater BMPs, as follows:
A.
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 BMPs may also be dedicated
to and maintained by the Township.
B.
If a plan includes operations and maintenance by a single owner or
if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater BMPs
shall be the responsibility of the owner or private management entity.
2.
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 BMPs.
[Ord. 2007-6, 4/11/2007, § 703]
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operations and maintenance plan or
to allow the property to remain in a condition which does not conform
to an approved BMP operations and maintenance plan unless an exception
is granted in writing by the Township.
[Ord. 2007-6, 4/11/2007, § 704]
1.
The property owner shall sign an operations and maintenance agreement
with the Township covering all stormwater BMPs that are to be privately
owned. The agreement shall be substantially the same as the agreement
in Appendix 23-E of this chapter.
2.
Other items may be included in the agreement where determined by
the Township to be reasonable or necessary to guarantee the satisfactory
operation and maintenance of all permanent stormwater BMPs. The agreement
shall be subject to the review and approval of the Township.
[Ord. 2007-6, 4/11/2007, § 705]
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 23-704.
[Ord. 2007-6, 4/11/2007, § 706]
1.
The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds for Lehigh or Northampton County, as applicable, within 90
days of approval of the BMP operations and maintenance plan by the
Township:
2.
The Township may suspend or revoke any approvals granted for the
project site upon discovery of the failure of the owner to comply
with this chapter.
[Ord. 2007-6, 4/11/2007, § 707]
1.
If stormwater BMPs are accepted by the Township for dedication, the
Township may require the applicant to pay a specified amount to the
Township Stormwater BMP Operations and Maintenance Fund to help defray
costs of operations and maintenance activities. The amount may be
determined as follows:
2.
If a BMP is proposed that also serves as a recreation facility (e.g.
ball field, lake), the Township may adjust the amount due accordingly.
