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 controls as:
A.
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a stormwater
control and BMP operations and maintenance plan that describes how
the permanent (e.g., post-construction) stormwater controls and BMPs
will be properly operated and maintained.
B.
The following items shall be included in the stormwater control and
BMP operations and maintenance plan:
(1)
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, 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:
(a)
Clear identification of the location and nature of permanent
stormwater controls and BMPs;
(b)
The location of the project site relative to highways, municipal
boundaries, or other identifiable landmarks;
(c)
Existing and final contours at intervals of two feet, or others
as appropriate;
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(e)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainagecourses, and areas of natural
vegetation to be preserved;
(f)
The locations of all existing and proposed utilities, sanitary
sewers, and waterlines within 50 feet of property lines of the project
site;
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(h)
Proposed final structures, roads, paved areas, and buildings;
and
(i)
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of
way.
(2)
A description of how each permanent stormwater control and BMP will
be operated and maintained, and the identity and contact information
associated with the person(s) responsible for operations and maintenance;
(3)
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; and
(4)
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 municipality.
C.
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:
(1)
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 municipality, stormwater controls and BMPs may
also be dedicated to and maintained by the municipality.
(2)
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 controls
and BMPs shall be the responsibility of the owner or private management
entity.
D.
The municipality shall make the final determination on the continuing
operations and maintenance responsibilities. The municipality reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
A.
The municipality shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this chapter and any permits issued by DEP.
B.
The municipality shall notify the applicant in writing whether or
not the stormwater control and BMP operations and maintenance plan
is approved.
C.
The municipality may require a "record drawing" of all stormwater
controls and BMPs and an explanation of any discrepancies with the
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.
A.
The applicant shall sign an operations and maintenance agreement
with the municipality covering all stormwater controls and BMPs 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 F of this chapter.[1]
[1]
Editor's Note: Appendixes to this chapter are on file
in the Township offices.
B.
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 municipality.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control.
B.
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 runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 301-84.
A.
Prior to final approval of the site's drainage plan, the applicant
shall sign and record the maintenance agreement contained in Appendix
F which is attached and made part hereof covering all stormwater control
facilities that are to be privately owned.
B.
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.
A.
Prior to issuance of any permits, the municipality shall record the
following documents in the Office of the Recorder of Deeds for Montgomery
County, within 90 days of approval of the stormwater control and BMP
operations and maintenance plan by the municipality:
B.
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.
For projects that are large enough to require an NPDES permit,
said owner/developer shall be required to pay a specified amount to
the Municipal Stormwater Control and BMP Operation and Maintenance
Fund to help defray costs of periodic inspections and/or maintenance
expenses. The amount of the deposit shall be determined as follows:
A.
If the stormwater BMP is to be privately owned and maintained, the
deposit shall cover the cost of yearly inspections performed by the
municipality for a period of 25 years, as estimated by the Municipal
Engineer. After that period of time, inspections will be performed
at the expense of the municipality.
B.
If the stormwater BMP is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for typical annual maintenance
and yearly inspections for 25 years. The Municipal Engineer will establish
the estimated costs utilizing information submitted by the applicant.
C.
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Municipal Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
