A.
No regulated earth disturbance activities within the
Township shall commence until approval by the Township of a stormwater
management operations and maintenance plan that describes how the
permanent (e.g., postconstruction) 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 Chester County, shall be submitted on twenty-four-inch by thirty-six-inch
sheets. The contents of the maps(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, adjacent properties, and/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 and natural features to be preserved;
(f)
The locations of all existing and proposed utilities,
sanitary sewers, storm sewers, water and gas lines within 300 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, utilities, roads,
sidewalks, paved areas, and buildings; and
(i)
A twenty-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. At a minimum, the stormwater management operation
and maintenance plan shall include the following items:
(a)
Who is responsible for the long-term operation
and maintenance (owner, as well as any affiliated management firm
responsible for conducting the inspections and maintenance activities).
Contact information, including telephone number, cell phone, email
addresses, addresses, names and title, as well as emergency contacts
should be included in the O&M plan;
(b)
What are the permanent stormwater facilities
and controls that will be operated and maintained per the approved
plan, including but not limited to items such as inlets, pipes, outfalls,
headwalls, endwalls, basins, underground seepage and detention beds,
swales, etc. Specific elements of the stormwater management plan should
be identified for the inspection;
(c)
When: A timeframe for routine and emergency
inspections and maintenance of all permanent stormwater management
facilities shall be provided on the plan. At a minimum all facilities
will be inspected at least once per quarter of each year and after
all rainstorms exceeding two inches per twenty-four-hour period;
(d)
How: A description of how inspections will be
conducted, as well as reports kept on file with the property owner,
shall be included in the plan. At a minimum, inspection reports shall
be signed by the owner and owner's engineer and submitted to the Township
on a yearly basis to ensure that all permanent stormwater management
facilities are operating according to the approved stormwater management
plan. In addition, all maintenance activities shall be documented
and provided with the yearly report;
(e)
Where: The owner shall submit yearly reports
to the Township Engineer setting forth the location of all stormwater
facilities to be inspected and maintained;
(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; and
(4)
A statement, signed by the landowner, acknowledging
that the stormwater controls and BMPs are fixtures that cannot be
altered or removed without first obtaining approval from 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 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 or designee shall review the
stormwater management operations and maintenance plan for consistency
with the purposes and requirements of this chapter and any permits
issued by DEP.
B.
The Township Engineer or designee shall notify the
applicant in writing whether or not the stormwater management operations
and maintenance plan is approved.
C.
The stormwater drainage plan and stormwater management
operations and maintenance plan shall be recorded at the office of
the Recorder of Deeds of Chester County, and proof of the recording
submitted to the Township Engineer.
It shall be a violation of this chapter for
any person or entity to alter or remove any permanent stormwater control
and BMP required by an approved stormwater management operations and
maintenance plan or to allow the property to remain in a condition
which does not conform to an approved stormwater management operations
and maintenance plan.
A.
Prior to final approval of the site's drainage plan,
the applicant shall sign and record the operation and maintenance
agreement covering all stormwater facilities that are to be privately
owned and operated. The maintenance agreement shall be transferred
with transfer of ownership.
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 Engineer.
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 § 174-31.
C.
At the discretion of the Township Engineer, applicants
may be required to obtain off-site stormwater easements with adjacent
downstream property owners in cases where flows are not controlled
on site and not conveyed to defined drainage channels, streams, etc.
A.
The owner of any land upon which permanent stormwater
controls and BMPs will be placed, constructed, or implemented, as
described in the stormwater management operations and maintenance
plan, shall record the following documents in the office of the Recorder
of Deeds for Chester County within 15 days of approval of the stormwater
management operations and maintenance 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.
