No regulated earth disturbance activities within
the Borough shall commence until approval by the Borough of the BMP
operations and maintenance plan which describes how the permanent
(e.g., postconstruction) stormwater BMPs will be properly operated
and maintained.
A.
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:
(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 Borough, stormwater BMPs may
also be dedicated to and maintained by the Borough;
(2)
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.
B.
The Borough shall make the final determination on
the continuing operations and maintenance responsibilities. The Borough
reserves the right to accept or reject the operations and maintenance
responsibility for any or all of the stormwater BMPs.
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 Borough.
A.
The property owner shall sign an operations and maintenance
agreement with the Borough covering all stormwater BMPs that are to
be privately owned. The agreement shall be substantially the same
as the agreement in Appendix E of this chapter.[1]
[1]
Editor's Note: Appendix E is included at the
end of this 38 chapter.
B.
Other items may be included in the agreement where
determined by the Borough 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 Borough.
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 § 225-32.
A.
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 Borough:
B.
The Borough may suspend or revoke any approvals granted
for the project site upon discovery of the failure of the owner to
comply with this section.
A.
If stormwater BMPs are accepted by the Borough for
dedication, the Borough may require the applicant to pay a specified
amount to the Borough of Catasauqua Stormwater BMP Operations and
Maintenance Fund to help defray costs of operations and maintenance
activities. The amount may be determined as follows:
B.
If a BMP is proposed that also serves as a recreation
facility (e.g., ball field, lake), the Borough may adjust the amount
due accordingly.