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.
A.
The BMP operations and maintenance plan (O&M plan) for the project
site shall establish responsibilities for the continuing operation
and maintenance of all permanent stormwater BMPs, as follows:
(1)
If an O&M 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.
(2)
If an O&M 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.
B.
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.
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.
A.
For regulated earth-disturbance activities, 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 D[1] of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
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.
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 § 415-35.
A.
For regulated earth-disturbance activities, 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,
as applicable, within 90 days of approval of the 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 the failure of the owner to comply
with this section.
A.
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:
(1)
If the BMP is to be privately owned and maintained, the amount shall
cover the cost of periodic inspections by the municipality over a
ten-year period, as determined by the municipality.
(2)
If the BMP is to be owned and maintained by the municipality, the
amount shall cover the estimated costs for operation and maintenance
over a ten-year period, as determined by the municipality.
(3)
The amount shall be converted to present worth of the annual series
values. The Township Engineer shall determine the present worth equivalents,
which shall be subject to the approval of the Board of Supervisors.
B.
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.
