A.
For all activities requiring submittal of a SWM site plan, the applicant
shall provide a financial guarantee to the municipality for the timely
installation and proper construction of all stormwater management
facilities as:
B.
For other regulated activities, the municipality may require a financial
guarantee from the applicant.
A.
The SWM site plan shall include a BMP operations and maintenance
plan that describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated, inspected, and maintained.
B.
Establish access easements that include all significant stormwater
controls, conveyances, and BMPs, and indicate a fifteen-foot perimeter
area surrounding these features that will provide the municipality
sufficient ingress to and egress from a public right-of-way.
C.
The following items shall be included in the stormwater control and
BMP operations and maintenance plan, as applicable:
(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 Delaware
County. 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 drainage courses, and areas of natural vegetation
to be preserved;
(f)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines 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)
Access easement boundaries.
(2)
A description of how each permanent stormwater control and BMP will
be operated and maintained,
(3)
The identity and contact information associated with the person(s)
responsible for operations and maintenance,
(4)
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
(5)
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.
D.
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,
at the municipality's discretion, also be dedicated to and maintained
by the municipality;
(2)
If a plan includes operations and maintenance by a single owner or
if sewers and other public improvements are to be privately owned
and maintained, the operations and maintenance of stormwater controls
and BMPs shall be the responsibility of the landowner.
E.
The municipality will 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 will review the stormwater control and BMP operations
and maintenance plan for consistency with this chapter and any permits
issued by PADEP.
B.
The municipality will notify the applicant in writing whether or
not the stormwater control and BMP operations and maintenance plan
is approved.
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.
Prior to final approval of the site's SWM site plan (including
plans for private facilities constructed under the simplified method),
the applicant shall sign and record an operations and maintenance
agreement with the municipality covering all stormwater controls and
BMPs that are to be privately owned (refer to Appendix I[1]). The maintenance agreement shall be transferred with
transfer of ownership in perpetuity. The agreement shall be substantially
the same as the agreement in Appendix I of this chapter.
[1]
Editor's Note: The Appendix is on file in the Borough
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, unless a waiver is granted by the municipality.
B.
Stormwater management easements shall be provided to the municipality by the applicant or property owner for access for inspections and maintenance, the preservation of stormwater runoff conveyance, infiltration, and detention areas, and for other stormwater controls. The purpose of the easement shall be specified in any agreement under § 251-39.
A.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, implemented, or permanently maintained,
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 Delaware County, within 15 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.
A.
Simplified approach.
(1)
Any landowner issued a permit under the Simplified Approach as set
forth in Table 251-6.1 hereof or such landowner's designee shall
inspect SWM BMPs, 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:
(a)
Annually for the first five years.
(b)
Once every three years thereafter.
(c)
During or immediately after the cessation of a ten-year or greater
storm, as determined by the municipal engineer. Inspection reports
for inspections during or after the cessation of a ten-year or greater
storm event are only required to be submitted if requested by the
municipality or municipal engineer.
(2)
Inspections should be conducted during or immediately following precipitation
events or in dry weather conditions if the BMP design parameters include
dewatering with a specified period of time. A written inspection report
shall be created to document each inspection. The inspection report
shall contain the date and time of the inspection, the individual(s)
who completed the inspection, the location of the BMP, stormwater
management facility or structure inspection, observations on performance,
and recommendations for improving performance, if applicable. Inspection
reports for items (a) and (b) above shall be submitted to the municipality
within 30 days following completion of the inspection, and shall be
accompanied by a current photograph of the Facility or structure inspected.
B.
Municipality inspections. The municipality shall inspect all SWM
BMPs, facilities and/or structures installed under this chapter other
than those constructed pursuant to the simplified approach as set
forth in Table 251-6.1 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 pay a specified amount to the municipal
stormwater control and BMP operation and maintenance fund to help
cover the costs of periodic inspections and maintenance expenses.
This is to be paid in a manner specified by the municipality. The
amount of the deposit shall be determined as follows:
(1)
If the BMP or conveyance is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality, as estimated by the municipal engineer, for a
period of 10 years, at the following minimum frequencies:
(a)
Annually for the first five years.
(b)
Once every three years thereafter.
(c)
During or immediately after the cessation of a twenty-five-year
or greater storm, as determined by the municipal engineer.
(d)
The municipal engineer may request that the landowners or landowners'
designee submit an inspection report after the cessation of a ten-year
or greater storm event if there is reason to believe that a BMP has
sustained damage that impacts its ability to function as designed
and if the BMP's failure would result in damage to downgradient
properties.
(2)
If the BMP or conveyance is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The municipality will establish the estimated costs
utilizing information submitted by the applicant. Inspections shall
be conducted at the minimum frequencies listed in above referenced
section.
(3)
The above referenced inspections shall be conducted during or immediately
following precipitation events or in dry weather conditions if the
BMP design parameters include dewatering with a specified period of
time. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, stormwater management facility or structure
inspected, observations on performance, and recommendations for improving
performance, if applicable.
(4)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The municipality shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
C.
If a BMP or conveyance is proposed that also serves as a recreational
facility (e.g., ball field or lake), the municipality may reduce or
waive the amount of the maintenance fund deposit based upon the value
of the land for public recreational purpose.
D.
If at some future time, a BMP or conveyance (whether publicly or
privately owned) is eliminated due to the installation of storm sewers
or other storage facility, the unused portion of the maintenance fund
deposit will be applied to the cost of abandoning or demolishing the
facility and connecting to the storm sewer system or other facility.
Any amount of the deposit remaining after the costs of abandonment
or demolition will be used for inspection, maintenance, and operation
of the receiving stormwater management system.
E.
If a BMP or conveyance is accepted by the municipality for dedication,
the municipality may require persons installing the BMP or conveyance
to pay a specified amount to the municipal stormwater control and
BMP operation and maintenance fund to help cover the costs of operations
and maintenance activities. The amount may be determined as follows:
F.
The municipality may require applicants to pay a fee to the municipal
stormwater control and BMP operation and maintenance fund to cover:
