The operation and maintenance agreement shall be subject to
the review and approval of the Township Solicitor and Board of Supervisors.
SWM facilities existing on the effective date of this chapter, which have not been accepted by the Township or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association, shall be maintained by the individual landowners. Such maintenance shall include at a minimum those items set forth in §
230-63B(1) above. If the Township determines at any time that any permanent SWM facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance and the Township shall notify the landowner of corrective measures that are required, and provide for a reasonable period of time, not to exceed 30 days, within which the landowner shall take such corrective action. If the landowner does not take the required corrective action, the Township may either perform the work or contract for the performance of the work and bill the landowner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the landowner within 30 days, the Township may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Township shall have the right to choose among the remedies and may use one or more remedies concurrently.
Maintenance of SWM facilities during development shall be the
responsibility of the developer and shall include, but not be limited
to:
A. Removal of silt from all debris basins, traps or other structures
or measures when 60% of capacity is filled with silt.
B. Periodic maintenance of temporary control facilities such as replacement
of straw bale dikes, straw filters or similar measures.
C. Establishment or reestablishment of vegetation by seeding and mulching
or sodding of scoured areas or areas where vegetation has not been
established.
D. Installation of necessary controls to correct unforeseen problems
caused by storm events within design frequencies.
E. The contractor or developer shall be responsible for removal of all
temporary measures and installation of permanent measures upon completion
of the development.
[Added 9-12-2022 by Ord. No. 268]
The Township is subject to the terms and conditions of an issued
MS4 permit. One condition included in the permit requires the Township
to ensure stormwater management facilities and BMPs are operating
as intended/designed and maintained as required. To meet this condition,
the Township requires the completion and return of an O&M verification
form for each stormwater management facility and BMP owners annually
verifying inspections and maintenance is occurring.