[1]
Editor's Note: The title of this Art. 7 was changed from "Maintenance Responsibilities" to its current title by Ord. No. 3-2022, 9/21/2022.
[Ord. 1-2012, 9/19/2012, § 701]
1. 
For all activities requiring submittal of a SWM site plan, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management facilities as:
A. 
Required by the approved SWM site plan equal to or greater than the full construction cost of the required facilities.
B. 
The amount and method of payment provided for in the SALDO [Chapter 22].
2. 
For other regulated activities, the Township may require a financial guarantee from the applicant.
[Ord. 1-2012, 9/19/2012, § 702]
1. 
The SWM site plan shall include a BMP operations and maintenance plan that describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated, inspected, and maintained.
2. 
Establish access easements that include all significant stormwater controls, conveyances, and BMPs, and indicate a fifteen-foot perimeter area surrounding these features that will provide the Township sufficient ingress to and egress from a public right-of-way.
3. 
The following items shall be included in the stormwater control and BMP operations and maintenance plan, as applicable:
A. 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Delaware 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:
(1) 
Clear identification of the location and nature of permanent stormwater controls and BMPs.
(2) 
The location of the project site relative to highways, Township boundaries, or other identifiable landmarks.
(3) 
Existing and final contours at intervals of two feet, or others as appropriate.
(4) 
Existing streams, lakes, ponds, or other bodies of water within the project site area.
(5) 
Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved.
(6) 
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site.
(7) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added.
(8) 
Proposed final structures, roads, paved areas, and buildings.
(9) 
Access easement boundaries.
B. 
A description of how each permanent stormwater control and BMP will be operated and maintained.
C. 
The identity and contact information associated with the person(s) responsible for operations and maintenance.
D. 
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.
E. 
A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the Township.
4. 
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:
A. 
If a plan includes structures or lots that 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, at the Township's discretion, 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, the operations and maintenance of stormwater controls and BMPs shall be the responsibility of the landowner.
5. 
The Township will 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.
[Ord. 1-2012, 9/19/2012, § 703]
1. 
The Township will review the stormwater control and BMP operations and maintenance plan for consistency with this chapter and any permits issued by PADEP.
2. 
The Township will notify the applicant in writing whether or not the stormwater control and BMP operations and maintenance plan is approved.
3. 
The Township will require an as-built plan per § 19-502 showing all constructed stormwater controls and BMPs and an explanation of any discrepancies with the approved operations and maintenance plan.
[Ord. 1-2012, 9/19/2012, § 704]
Operations and Maintenance Plan. It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.
[Ord. 1-2012, 9/19/2012, § 705]
1. 
Prior to final approval of the site's SWM site plan (including plans for private facilities constructed under the Simplified Method), the applicant shall sign and record an operations and maintenance agreement with The Township covering all stormwater controls and BMPs that are to be privately owned (refer to Appendix 19-I). The maintenance agreement shall be transferred with transfer of ownership in perpetuity. The agreement shall be substantially the same as the agreement in Appendix 19-I of this chapter.
2. 
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.
[Ord. 1-2012, 9/19/2012, § 706]
1. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.
2. 
Stormwater management easements shall be provided to the Township by the applicant or property owner for access for inspections and maintenance, the preservation of stormwater runoff conveyance, infiltration, and detention areas, and for other stormwater controls. The purpose of the easement shall be specified in any agreement under § 19-705.
[Ord. 1-2012, 9/19/2012, § 707]
1. 
The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed, implemented, or permanently maintained, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds of Delaware County, within 15 days of approval of the stormwater control and BMP operations and maintenance plan by the Township:
A. 
The operations and maintenance plan, or a summary thereof.
B. 
Operations and maintenance agreements under § 19-705.
C. 
Easements under § 19-706.
2. 
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.
[Added by Ord. No. 3-2022, 9/21/2022]
1. 
The Township shall inspect all BMPs for proper O&M for the first three years after construction and implementation. Landowners responsible for the O&M of BMPs shall deposit with the Township an amount determined by the Township Engineer to be sufficient to cover the costs of annual Township inspections. In addition, the persons responsible for the O&M of the BMPs shall perform or pay the cost of performing any maintenance to the BMPs determined necessary by the Township.
2. 
Following the third anniversary inspection performed by the Township pursuant to Subsection 1, above, landowners responsible for the O&M of BMPs shall perform inspections of the BMPs according to the following frequencies at a minimum, to ensure BMPs, facilities and/or structures continue to function as intended:
A. 
Annually for the first five years;
B. 
Once every three years thereafter; and
C. 
During or immediately after the cessation of a major storm event, defined as three inches of rain within a twenty-four-hour period, or greater, as determined by the Township Engineer. While the above-referenced major storm event inspection is always required, inspection reports for inspections during or after the cessation of a major storm event are only required to be submitted if requested by the Township or Township Engineer.
3. 
Inspections should be conducted during or immediately following precipitation events or in dry weather conditions if the BMP design parameters include dewatering within a specified period of time. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, stormwater management facility or structure inspection, observations on performance, and recommendations for improving performance, if applicable. Inspection reports for Subsection 2A and B above shall be submitted to the Township within 30 days following completion of the inspection.
4. 
The landowner shall under all circumstances be responsible to perform or pay the cost of performing any maintenance to the BMPs determined necessary by the inspections required under this section.
5. 
The responsibility for inspections and maintenance as set forth in this section shall be included in the operations and maintenance agreement under § 19-705.