[Ord. 2011-03, 2/3/2011, Art. 7; as amended by Ord. No. 2022-05, 10/6/2022]
No regulated earth disturbance activities within the Township
shall commence until the applicant obtains written approval from the
Township Engineer of the BMP operations and maintenance plan, which
identifies and describes how the permanent (e.g., post-construction)
stormwater management BMPs will be properly operated and maintained.
[Ord. 2011-03, 2/3/2011, Art. 7]
1.
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:
A.
If a drainage 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 BMPs may also be dedicated
to and maintained by the Township.
B.
If a drainage plan includes operation and maintenance by a single
owner or if storm sewer facilities 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.
2.
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 BMPs.
3.
Responsibilities
of developers and landowners:
[Added by Ord. No. 2022-05, 10/6/2022]
A.
Facilities,
areas, or structures used as stormwater management BMPs shall be enumerated
as permanent real estate appurtenances and recorded as a deed restriction
or restrictive covenant that runs with the land.
B.
The
stormwater management O&M plan shall be recorded with the Recorder
of Deeds of Lehigh County and serve as a deed restriction or a restrictive
covenant that runs with the land.
[Ord. 2011-03, 2/3/2011, Art. 7]
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 Township.
[Ord. 2011-03, 2/3/2011, Art. 7]
1.
The property owner shall sign an operations and maintenance agreement with the Township covering all stormwater BMPs that are to be privately owned. The agreement shall be in a form prepared or approved by the Township Solicitor and shall, at a minimum, be similar to the sample agreement in Appendix 23B-D of this Chapter 23B.
2.
Other items may be included in the agreement where determined by
the Township 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 Township.
3.
The owner
is responsible for operation and maintenance of the stormwater management
BMPs. If the owner fails to adhere to the stormwater facilities operation
and maintenance agreement, the Township may perform the services required
and charge the owner the cost of the Township's services and all other
Township costs associated with the owner's noncompliance. Nonpayment
of Township costs or Township fees may result in a lien against the
property.
[Added by Ord. No. 2022-05, 10/6/2022]
[Ord. 2011-03, 2/3/2011, Art. 7]
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 owner. The purpose of the easement shall be specified in any agreement under § 23B-704.
[Ord. 2011-03, 2/3/2011, Art. 7]
1.
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 Lehigh County Office
of the Recorder of Deeds, as applicable, within 90 days of approval
of the BMP operations and maintenance plan by the Township:
2.
The Township may suspend or revoke any approvals granted for the
project site upon discovery of the failure of the owner to comply
with this subsection.
[Ord. 2011-03, 2/3/2011, Art. 7]
1.
If stormwater management BMPs are accepted by the Township after
an offer of dedication, the Township may require persons installing
and/or owning the stormwater management BMPs to pay a specified amount
to the Municipal Stormwater BMP Operations and Maintenance Fund to
help defray costs of future operations and maintenance activities.
The amount may be determined as follows:
[Amended by Ord. No. 2022-05, 10/6/2022]
A.
If the stormwater management BMP is to be privately and maintained,
the amount shall cover the cost of periodic inspections by the Township,
in perpetuity, as determined by the Township.
B.
If the stormwater management BMP is to be owned and maintained by
the Township, the amount shall cover the estimated costs for operation
and maintenance, in perpetuity, as determined by the Township.
C.
The amount determined by the Township shall then be converted to
net present value.
2.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the Township may adjust the amount due accordingly.
[Added by Ord. No. 2022-05, 10/6/2022]
For stormwater management site plans that involve subdivision and/or land development, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management BMPs as required by the approved stormwater management site plan, this Chapter 23B, Chapter 22A, Subdivision and Land Development, and in accordance with Sections 509, 510 and 511 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10509 through 10511.
