[Ord. 2014-03, 9/8/2014]
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of the BMP operations
and maintenance plan which describes how the permanent (e.g., post-construction)
stormwater BMPs will be properly operated and maintained.
[Ord. 2014-03, 9/8/2014]
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 plan proposes municipal ownership or maintenance of any or all,
and ownership of any or all of the BMP facilities, a detailed operations
and maintenance plan, including any required access easement(s) and
a detailed annual maintenance cost schedule shall be provided.
B.
If a plan proposes private ownership or maintenance of any or all,
and ownership of any or all of the BMP facilities, a detailed operations
and maintenance plan, with detailed annual maintenance costs, along
with responsible entities, shall be provided.
C.
Any plan which proposes both municipal and private ownership and/or
maintenance of any or all of the BMP facilities shall include a separate,
color coded sheet which depicts the ownership and maintenance responsibilities
proposed for each entity in separate, distinct colors.
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 BMPs.
[Ord. 2014-03, 9/8/2014]
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 municipality.
[Ord. 2014-03, 9/8/2014]
1.
The applicant and property owner shall sign an operations and maintenance
agreement with the municipality covering all stormwater BMPs that
are to be privately owned. The agreement shall be in a form prepared
by the municipality's solicitor.
2.
Items in addition to the stormwater BMPs shall be included in the
operations and maintenance agreement where determined by the municipality
to be reasonable or necessary to guarantee the satisfactory operation
and maintenance of all permanent stormwater BMPs. The agreement shall
be in a form prepared by the municipality's solicitor.
[Ord. 2014-03, 9/8/2014]
Stormwater management easements shall be provided by the applicant and 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 property owner. The purpose of the easement shall be specified in any agreement under § 23-704. The easement(s) shall be by deed of dedication in a form acceptable to the municipality's solicitor and shall be accompanied by an opinion of record title, in form acceptable to the municipality's solicitor, prepared by applicant's counsel (who must not be affiliated with the developer, must be licensed to practice law in Pennsylvania and must maintain an office in Pennsylvania), to satisfy the municipality's solicitor that all easements, as conveyed, are free and clear of liens and encumbrances that could adversely affect the municipality's ownership or use thereof.
[Ord. 2014-03, 9/8/2014]
1.
The municipality or its designated representative shall record the
following documents in the Office of the Recorder of Deeds for Northampton
County, concurrently with the recording of the applicable subdivision
and development plan and improvements agreement.
2.
The municipality will not record approved subdivision/land development
plans until all documents required above are available for recordation.
3.
The applicant/owner shall reimburse the municipality for all expenses
related to the processing and recording of the above documents.
[Ord. 2014-03, 9/8/2014]
1.
If stormwater BMPs are proposed to be accepted by the municipality
for dedication, the applicant shall pay a specified amount to the
Municipal Stormwater BMP Operations and Maintenance Fund to help defray
costs of operations and maintenance activities. (It is noted that
the municipality is under no obligation to accept dedication of the
BMPs and may decide whether or not to accept dedication in its sole
and absolute discretion.) The amount shall be determined as follows:
A.
If the BMP(s) is to be owned and maintained by the municipality,
the amount shall cover the estimated costs for operation and maintenance
in perpetuity, as determined by the municipality. The cost shall include
but not be limited to, cleaning of snouts, cutting of grass, replacement
of structures following their useful lives, etc.
B.
The amount shall then be converted to present worth utilizing an
anticipated rate of return of 2%.
C.
The perpetual maintenance fee shall be paid to the municipality prior
to the recording of any record plan of subdivision or land development
submitted by the applicant in connection with the drainage plan for
which approval is sought.
2.
If stormwater BMPs are to be maintained by the applicant, subsequent
lot owner(s), homeowners' association(s) or other nonpublic entity,
the applicant shall establish a stormwater BMP Operation and Maintenance
Funding Program to the satisfaction of the municipality to ensure
that the person or entity responsible for maintenance is financially
capable of maintaining the BMPs.
A.
If maintenance and operation is to be assigned to one or more lot owners (but not an association), the applicant shall submit an estimated annual maintenance cost to the municipality. The required maintenance program to be assumed by the lot owner(s) must be approved by the municipality. The municipality reserves the right, in its sole discretion, not to approve of BMP maintenance programs which are proposed to be assigned to four lot owners or less. If the approved annual estimate of the operation and maintenance costs exceeds $500, the municipality may require the applicant to pay a fee to the municipality pursuant to Subsection 1 to be used to offset the maintenance costs of the lot owners.
B.
If a homeowners' association or similar entity is established,
the association formation documents (i.e., the declaration) shall
be provided to the Township Solicitor for review and approval prior
to recording. The formation documents must clearly describe the maintenance,
operation and funding mechanism relative to the perpetual operation
and maintenance of the BMPs. The association formation documents shall
also include provisions requiring the establishment of a segregated
capital improvements fund for stormwater BMP maintenance. The association
or similar entity shall provide annual audits to the municipality
within 45 days of the close of the association's or similar entity's
fiscal year. Access to the segregated capital improvements fund shall
be limited to maintenance of the BMPs only and for no other purpose.
The municipality shall be given the right to access the segregated
capital improvements fund. In the event the funds from segregated
capital improvements fund are expended, the association or similar
entity shall specially assess all members to replenish the segregated
capital improvements fund. Until the association's segregated
capital improvements fund is adequately funded, as determined by the
municipality in its sole discretion, the applicant shall provide security
to the municipality in the form of an irrevocable letter of credit
to cover operation and maintenance costs.
C.
In the event the lot owner(s) or association fails to perform any
duty or maintenance obligation as required under this chapter, the
Township shall have the right to require the lot owner(s) or association
to perform such obligation by notifying the lot owner(s) or association
in writing. In the event the lot owner(s) or association shall fail
to undertake such performance within 30 days of receipt of the aforesaid
notice from the Township, the Township shall have the right to undertake
such performance and charge the lot owner(s) or association therefor;
provided, however, that the Township shall not be obligated to wait
for the expiration of such thirty-day period if the Township determines
that an emergency exists. No action taken by the Township shall be
deemed in any way to relieve the lot owner(s) or association from
the performance of its obligations under this chapter, to obligate
the Township to perform such service on a regular basis, and/or to
be deemed an acceptance by the Township of such BMPs.
(1)
If an association is responsible for maintenance, payment for
such services or repairs shall be made to the Township from any funds
under the control of the association for any purpose.
(2)
In the event the lot owner(s) or association fails to reimburse
the Township within 30 days of receipt of a written bill for such
assessment or if funds received from the lot owner(s) or association
are insufficient to fully reimburse the Township, the Township shall
have the right, after first providing written notice to the lot owner(s)
or association and the owners, to assess the lot owner(s) or association
and the owners directly, in accordance with their respective percentage
interests, for their proportionate share of such cost or deficiency.
Each such assessment shall be an assessment hereunder which each owner
has covenanted and agreed to pay in accordance with the provisions
of Part 7 hereof, and shall entitle the Township to the same enforcement
rights and remedies afforded to the association for delinquent and
unpaid assessments, including, without limitation, the right to record
a lien upon the unit against which such assessment is made. Each such
assessment, together with interest and the cost of collection thereof
(including but not limited to reasonable fees for legal counsel and
court costs), in addition to a fee of up to 20% of the maintenance
expenses incurred by the Township as an administrative fee, shall
also be the joint and several personal obligations of the owners of
the unit at the time the assessment fell due and a continuing lien
against such unit even if title to the unit shall change.
D.
No association which is responsible for maintenance of BMPs may dissolve
without the express consent of the Township.
3.
If stormwater BMPs are to be maintained by the applicant, subsequent
lot owner(s), homeowners' association(s) or other nonpublic entity,
the applicant shall not propose any BMPs within any area intended
for dedication to the Township (other than easements described in
this chapter), such as a public road right-of-way. All privately owned
and maintained BMPs must be located outside of municipal property.
