[Ord. 2013-499, 7/10/2013]
1.
The BMP operation and maintenance plan for the project site shall
establish landowner 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 Borough, stormwater BMPs may also, at the sole
discretion of the Borough, be dedicated to and maintained by the Borough.
B.
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 BMPs
shall be the responsibility of the owner. A BMP operation and maintenance
agreement, in form and substance acceptable to the Borough Solicitor,
shall be executed by the property owner and shall be recorded by the
Borough at the property owner's expense. Notwithstanding any delegation
of maintenance responsibilities by the owner to another person or
entity, the property owner shall be and remain primarily responsible
and liable for the satisfactory performance of and compliance with
the BMP operation and maintenance plan.
2.
Borough Council shall make the final determination as to whether
the Borough will assume responsibility for the operations and maintenance
of any or all stormwater BMPs.
[Ord. 2013-499, 7/10/2013]
1.
The Borough Engineer shall review the BMP operation and maintenance
plan for consistency with the purposes and requirements of this Chapter
and any permits issued by DEP.
2.
The Borough shall notify the applicant in writing within 45 days
of operation and maintenance plan submission, as to whether the BMP
operation and maintenance plan is acceptable.
3.
The Borough may require an as-built survey of all stormwater BMPs
and an explanation of any discrepancies with the operation and maintenance
plan.
4.
The Borough reserves the right to inspect stormwater BMPs at any
time and from time to time to confirm compliance with the conditions
specified in the approved operation and maintenance plan.
[Ord. 2013-499, 7/10/2013]
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operation and maintenance plan, or
to allow the property to remain in a condition which does not conform
to an approved BMP operation and maintenance plan, unless an exception
is granted in writing by Borough Council.
[Ord. 2013-499, 7/10/2013]
1.
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 in form and content
as either the Declaration of Covenants, Easements and Restrictions
Concerning Stormwater Facilities or the Operation and Maintenance
(O&M) Agreement, which are in the appendixes to this Chapter,
shall be in recordable form, and shall be recorded.[1] The choice of agreement to be signed by the property owner
shall be determined by the Borough upon advice of the Borough Solicitor.
[1]
Editor's Note: See Appendixes C and E, respectively, both of which are included as attachments to this chapter.
2.
Additional provisions may be included in the operation and maintenance
agreement, if determined by the Borough to be necessary to guarantee
the satisfactory operation and maintenance of all stormwater BMPs.
The agreement shall be subject to the review and approval of Borough
Council, upon advice of the Borough Engineer and, if requested by
the Borough, the Borough Solicitor.
[Ord. 2013-499, 7/10/2013]
1.
Stormwater management easements, in form and substance acceptable
to the Borough Solicitor, shall be required for all areas used for
off-site stormwater control, unless a waiver is granted by the Borough
Council.
2.
Stormwater management easements shall be provided by the property owner for access, ingress to and egress from the property for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Part 5 of this Chapter.
[Ord. 2013-499, 7/10/2013]
1.
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operation and maintenance plan, shall execute and deliver to the Borough, within 15 days of approval of the BMP operation plan by the Borough, each of the following documents, which shall be recorded in the Office of the Recorder of Deeds for Montgomery County. If the owner has submitted a subdivision or land development plan in accordance with Chapter 22 of the Code of Ordinances, then the ninety-day time period set forth in Chapter 22 shall apply in lieu of the fifteen-day time period set forth above.
2.
Borough Council may suspend or revoke any approvals previously granted
for the project site upon the failure of the owner to comply with
any requirement of this Part.
[Ord. 2013-499, 7/10/2013]
1.
If stormwater BMPs are accepted by the Borough for dedication, the
Borough may require persons installing stormwater BMPs to pay a specified
amount to the Borough Stormwater BMP Operation and Maintenance Fund,
to help defray the costs of operations and maintenance activities.
The amount to be paid shall be determined as follows:
2.
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.
[Ord. 2013-499, 7/10/2013]
1.
DEP or its designee (e.g., County Conservation District) will ensure
compliance with any permits issued for stormwater management. In addition
to DEP compliance programs, the Borough or its designee may inspect
all phases of the construction, operation, maintenance and implementation
of stormwater BMPs.
2.
During any stage of regulated earth disturbance activities, if the
Borough or its designee determines that any BMPs are not being implemented
in accordance with this Chapter, the Borough may suspend or revoke
any existing permits or other approvals until the deficiencies are
corrected to the Borough's satisfaction upon advice of the Borough
Engineer.
[Ord. 2013-499, 7/10/2013]
1.
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to inspect the implementation, condition, or operation
and maintenance of the stormwater BMPs in regard to any aspect governed
by this Chapter.
2.
BMP owners and operators shall allow persons working on behalf of
the Borough ready access to all parts of the premises for the purposes
of determining compliance with this Chapter.
3.
Persons working on behalf of the Borough shall have the right to
temporarily locate on any BMP in the Borough such devices as are necessary
to conduct monitoring and/or sampling of the discharges from such
BMP.
4.
Unreasonable delays in allowing the Borough access to a BMP is a
violation of this Chapter.
