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 (SWM) facilities
as:
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed or implemented, as described in the stormwater
facility and BMP O&M plan, shall record the following documents
in the office of the Recorder of Deeds for Montgomery County within
20 days of approval of the stormwater facility and BMP O&M plan
by the municipality:
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.
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Montgomery
County, and shall be submitted on eight-and-one-half-inch-by-eleven-inch
sheets. The contents of the maps(s) shall include, but not be limited
to:
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved.
The locations of all existing and proposed utilities, sanitary
sewers, and waterlines on site and within 50 feet of property lines
of the project site.
A description of how each stormwater facility and BMP will be operated
and maintained, and the identity and contact information associated
with the person(s) responsible for O&M.
A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that can be altered or
removed only after approval by the municipality.
The stormwater facility and BMP O&M plan for the project site
shall establish responsibilities for the continuing O&M of all
stormwater facilities and BMPs, as follows:
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 facilities and BMPs
may also be offered for dedication to and maintained by the municipality.
If a plan includes O&M by single ownership or if sewers and other
public improvements are to be privately owned and maintained, the
O&M of stormwater facilities and BMPs shall be the responsibility
of the owner or private management entity.
The municipality shall make the final determination on the continuing
O&M responsibilities. The municipality reserves the right to accept
or reject the O&M responsibility for any or all of the stormwater
facilities and BMPs.
Facilities, areas or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation casements that run with the land.
The municipality shall review the stormwater facilities and BMP O&M
plan for consistency with the purposes and requirements of this chapter,
and any permits issued by PADEP.
The owner shall sign an O&M agreement with the municipality covering
all stormwater facilities and BMPs that are to be privately owned.
The O&M agreement shall be transferred with transfer of ownership.
The agreement shall be substantially the same as the agreement in
Appendix A.[1]
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of the municipality.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the municipality may
perform the services required and charge the owner appropriate fees.
Nonpayment of fees may result in a lien against the property.
The owner must provide the municipal easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration and detention
areas.