No regulated activities within the Township shall commence until approval by the Township of the BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.
[Amended 9-14-2021 by Ord. No. 21-6]
A. 
The BMP operation and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs as follows:
(1) 
If a BMP operation and maintenance 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.
(2) 
If a BMP operation and maintenance plan includes operations and maintenance by an owner or if sewers 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.
B. 
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.
C. 
The owner shall file inspection reports annually with the Township reporting on the operation and maintenance of the BMP. Inspection forms shall be provided by the Township upon request.
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.
A. 
The property owner shall sign a declaration of covenant and agreement for maintenance of stormwater management facilities and BMP(s) (the "maintenance agreement") with the Township covering all stormwater BMPs that are to be privately owned. The maintenance agreement shall be substantially the same as the agreement in Appendix E of this chapter.[1]
[1]
Editor's Note: Appendix E is included at the end of this chapter.
B. 
Other items may be included in the maintenance agreement where determined by the Township to be reasonable or necessary to guarantee the satisfactory operations and maintenance of all permanent stormwater BMPs. The maintenance agreement shall be subject to the review and approval of the Township.
C. 
The property owner is required to provide an annual written inspection report for all BMPs to the Township.
[Added 9-27-2022 by Ord. No. 22-5]
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 property owner. The purpose of the easement shall be specified in any maintenance agreement under § 152-24.3 of this chapter.
A. 
The owner developer 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 Office of the Recorder of Deeds for Northampton County, as applicable, within 90 days of approval of the BMP operations and maintenance plan by the Township:
(1) 
The operations and maintenance plan or a summary thereof.
(2) 
Maintenance agreements under § 152-24.3 of this chapter.
(3) 
Easements under § 152-24.4 of this chapter.
B. 
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 section.
C. 
The Township may elect to record the above documents through the Township Solicitor.
A. 
Persons installing stormwater BMPs shall be required to pay a specified amount to the Township Stormwater BMP Operations and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) 
If the BMP is to be privately owned and maintained, the amount shall cover the cost of periodic inspections by the municipality in perpetuity, as determined by the Township;
(2) 
If the 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; and
(3) 
The amount shall then be converted to present worth of the annual series values.
B. 
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.