[Ord. No. 872, 11/7/2022]
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. No. 872, 11/7/2022]
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 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 municipality, stormwater BMPs may also be dedicated
to and maintained by the municipality.
B. 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, then the operation and maintenance of stormwater BMPs
shall be the responsibility of the owner or private management entity.
2. The municipality shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the drainage
plan. The municipality may require a dedication of such facilities
as part of the requirements for approval of the drainage plan. Such
a requirement is not an indication that the municipality will accept
the facilities. The municipality reserves the right to accept or reject
the ownership and operating responsibility for any portion of the
stormwater management controls.
3. Facilities, areas, or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as
deed restrictions or conservation easements that run with the land.
4. The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
5. The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this Subpart.
[Ord. No. 872, 11/7/2022]
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. No. 872, 11/7/2022]
1. The 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 substantially the same as
the agreement in Appendix E of this Part.
2. Other items may be included in the 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 subject to the review and approval of the municipality.
[Ord. No. 872, 11/7/2022]
For drainage plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved drainage plan and
this Part in accordance with the provisions of §§ 509,
510, and 511 of the Pennsylvania Municipalities Planning Code.
[Ord. No. 872, 11/7/2022]
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 agreement under
§ 174.
[Ord. No. 872, 11/7/2022]
1. The owner 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 county Office of
the Recorder of Deeds for Lehigh County within 90 days of approval
of the BMP operations and maintenance plan by the municipality:
A. The operations and maintenance plan or a summary thereof.
B. Operations and maintenance agreements under § 174.
2. The municipality may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply
with this section.
[Ord. No. 872, 11/7/2022]
1. Persons installing stormwater BMPs shall be required to pay a specified
amount to the Municipal Stormwater BMP Operations and Maintenance
Fund to help defray costs of operations and maintenance activities.
The amount may be determined as follows:
A. 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 municipality.
B. If the BMP 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. See § 131,
Subsection 14C.
C. The amount shall then be converted to present worth of the annual
series values.
2. If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the municipality may adjust the amount due accordingly.