[Ord. No. 22-08, 12/1/2022[1]]
1.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to New Hanover Township for the timely installation
and proper construction of all stormwater management controls as:
2.
For other regulated activities, New Hanover Township may require
a financial guarantee from the applicant.
[1]
Editor's Note: This ordinance superseded former Part 7, Maintenance
Responsibilities, adopted by Ord. No. 07-07, 7/23/2007.
[Ord. No. 22-08, 12/1/2022]
1.
No regulated earth disturbance activities within New Hanover Township
shall commence until approval by New Hanover Township of a stormwater
BMP and conveyance operations and maintenance plan that describes
how the permanent (e.g., post-construction) stormwater BMPs and conveyances
will be properly operated and maintained.
2.
The following items shall be included in the stormwater BMP and conveyance
operations and maintenance plan:
A.
Maps of the project area, in a form that meets the requirements for
recording at the offices of the Recorder of Deeds of Montgomery 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 BMPs and conveyances.
(2)
The location of the project site relative to highways, municipal
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. Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
(7)
Proposed final structures, roads, paved areas, and buildings.
(a)
A minimum twenty-foot-wide access easement to and around all
stormwater BMPs and conveyances that would provide ingress to and
egress from a public right-of-way is required. The area that the BMPs
and conveyances occupy shall also be contained within this easement.
B.
A description of how each permanent stormwater BMP and conveyance
will be operated and maintained, and the identity and contact information
associated with the person(s) responsible for operations and maintenance.
C.
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.
D.
A statement, signed by the landowner, acknowledging that the stormwater
BMPs and conveyances are fixtures that can be altered or removed only
after approval by New Hanover Township.
3.
The stormwater BMP and conveyance operations and maintenance plan
for the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater BMPs and conveyances,
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 New Hanover Township, stormwater BMPs and conveyances
may also be dedicated to and maintained by New Hanover Township.
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
and conveyances shall be the responsibility of the owner or private
management entity.
4.
In situations where a stormwater BMP is constructed by an applicant
(e.g., real estate developer) who is not the entity that is ultimately
responsible for the long-term maintenance (e.g., private homeowner
or HOA) of the stormwater BMP, the transfer of maintenance responsibilities
for the stormwater BMP shall not occur until the municipality accepts
the improvement as complete (i.e., acceptance/dedication of the required
improvements) or the NPDES permit for stormwater discharges associated
with construction activities (if applicable) is terminated through
the notice of termination process, whichever occurs last. The applicant
may designate routine basin upkeep (mowing of lawn areas, clearing
of trash, etc.) to another entity; however, the maintenance of the
stormwater BMP, including but not limited to sediment removal, repair/replacement
of outlet control devices, removal of invasive plant material (e.g.
cattails), and the installation of missing or dead landscape material,
shall be performed by the applicant. In cases where the establishment
of meadow areas, basin seed mixtures, wetland plantings, or other
multi-year establishment BMPs are proposed, the applicant shall remain
responsible for the BMP improvement until the BMP is fully established
(as determined by the Municipal Engineer). Applicants are encouraged
to begin the conversion of temporary sediment control facilities to
permanent stormwater management BMPs as soon as practical to allow
for the full establishment of the BMP before the transfer to the entity
responsible for the long-term maintenance of the BMP. A note to this
effect shall appear on all PCSM plans.
5.
New Hanover Township shall make the final determination on the continuing
operations and maintenance responsibilities. New Hanover Township
reserves the right to accept or reject the operations and maintenance
responsibility for any or all of the stormwater BMPs and conveyances.
[Ord. No. 22-08, 12/1/2022]
1.
New Hanover Township shall review the stormwater BMP and conveyance
operations and maintenance plan for consistency with the purposes
and requirements of this chapter and any permits issued by DEP.
2.
New Hanover Township shall notify the applicant in writing whether
or not the stormwater BMP and conveyance operations and maintenance
plan is approved.
3.
New Hanover Township shall require a record drawing of all stormwater
BMPs and conveyances and an explanation of any discrepancies with
the operations and maintenance plan.
[Ord. No. 22-08, 12/1/2022]
It shall be unlawful to alter or remove any permanent stormwater
BMP and conveyance required by an approved stormwater BMP operations
and maintenance plan or to allow the property to remain in a condition
which does not conform to an approved stormwater BMP and conveyance
operations and maintenance plan.
[Ord. No. 22-08, 12/1/2022]
1.
The applicant shall sign an operations and maintenance agreement
with New Hanover Township covering all stormwater BMPs and conveyances
that are to be privately owned. The maintenance agreement shall be
transferred with transfer of ownership. The agreement shall be substantially
the same as the agreement in Appendix 23-F of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to 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 BMPs and conveyances. The agreement shall be subject to
the review and approval of New Hanover Township.
[Ord. No. 22-08, 12/1/2022]
1.
Stormwater management easements are required for all areas used for
off-site stormwater management.
2.
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 conveyance, infiltration, and detention areas and other stormwater BMPs and conveyances by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 23-705.
[Ord. No. 22-08, 12/1/2022]
1.
Prior to final approval of the site's PCSM plan, the applicant shall
sign and record the maintenance agreement contained in Appendix 23-F
which is attached and made part hereof[1] covering all stormwater BMPs and conveyances that are
to be privately owned.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
2.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to the review and approval of the Municipal
Solicitor and governing body.
[Ord. No. 22-08, 12/1/2022]
1.
The owner of any land upon which permanent stormwater BMPs and conveyances
will be placed, constructed, or implemented, as described in the stormwater
BMP and conveyances operations and maintenance plan, shall record
the following documents in the office of the Recorder of Deeds for
Montgomery County within 15 days of approval of the stormwater BMP
and conveyance operations and maintenance plan by New Hanover Township:
2.
New Hanover 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.
[Ord. No. 22-08, 12/1/2022]
1.
New Hanover Township shall inspect SWM BMPs, conveyances, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended. Persons installing stormwater controls
or BMPs shall be required to reimburse the Township for its costs
of periodic inspections and maintenance expenses in accordance with
its fee schedule.
2.
Once installed, SWM BMPs, conveyances, facilities and/or structures
will be inspected at the following minimum frequencies:
3.
If stormwater BMPs or conveyances are accepted by New Hanover Township
for dedication, New Hanover Township may require persons installing
stormwater BMPs or conveyances to pay a specified amount to help defray
costs of operations and maintenance activities. The amount may be
determined as follows:
