[Ord. 2007-6, 6/5/2007, § 701]
1.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Township for the timely installation
and proper construction of all stormwater management controls as:
2.
For other regulated activities, the Township may require a financial
guarantee from the applicant.
[Ord. 2007-6, 6/5/2007, § 702]
1.
No regulated earth disturbance activities within the Township shall
commence until approval by the Township 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.
2.
The following items shall be included in the stormwater control and
BMP operations and maintenance plan:
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 Berks 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)
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.
B.
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.
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
controls and BMPs are fixtures that can be altered or removed only
after approval by the Township.
3.
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 also
be dedicated to and maintained by the 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 controls
and BMPs shall be the responsibility of the owner or private management
entity.
4.
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 controls and BMPs.
[Ord. 2007-6, 6/5/2007, § 703]
1.
The Township shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this Part and any permits issued by DEP.
2.
The Township shall notify the applicant in writing whether or not
the stormwater control and BMP operations and maintenance plan is
approved.
3.
The Township may require a "record drawing" of all stormwater controls
and BMPs and an explanation of any discrepancies with the operations
and maintenance plan.
[Ord. 2007-6, 6/5/2007, § 704]
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. 2007-6, 6/5/2007, § 705]
1.
The applicant shall sign an operations and maintenance agreement
with the Township 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 23-2-H of this Part.
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. 2007-6, 6/5/2007, § 706]
1.
Stormwater management easements are required for all areas used for
off-site stormwater control.
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 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 § 23-267.
[Ord. 2007-6, 6/5/2007, § 707]
1.
Prior to final approval of the site's drainage plan, the applicant
shall sign and record the maintenance agreement contained in Appendix
23-2-H which is attached and made part hereof covering all stormwater
control facilities that are to be privately owned.
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 Township
Solicitor and the Board of Supervisors.
[Ord. 2007-6, 6/5/2007, § 708]
1.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, or implemented, 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
for Berks County, within 15 days of approval of the stormwater control
and 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 failure on the part of the owner to
comply with this Section.
