Township of East Hempfield, PA
Lancaster County
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Table of Contents
Table of Contents
A. 
The landowner, successor and assigns shall maintain all SWM facilities in good working order in accordance with the approved O&M plan.
B. 
The landowner shall convey to the Township easements to assure access for inspections and maintenance, if required.
C. 
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
D. 
The record owner of the development site shall sign and record an operation and maintenance (O&M) agreement covering all SWM facilities, including riparian buffers and riparian forest buffers, which are to be privately owned. Said agreement, designated as Appendix I,[1] is attached and made part hereto. The O&M plan and agreement shall be recorded as a restrictive covenant agreement that runs with the land.
[1]
Editor's Note: Said appendix is on file in the Township offices.
E. 
Small projects are not required to provide an O&M agreement.
A. 
The operation and maintenance agreement shall be subject to the review and approval of the Township Solicitor and Board of Supervisors or its designee.
B. 
The Township is exempt from the requirement to sign and record an O&M agreement.
A. 
The O&M plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent SWM facilities and erosion and sedimentation control facilities.
B. 
The following shall be addressed in the O&M plan:
(1) 
Description of maintenance requirements, including, but not limited to, the following:
(a) 
Regular inspection of the SWM facilities. To assure proper implementation of BMPs, maintenance and care SWM BMPs should be inspected by a qualified person, which may include the landowner, or the owner's designee (including the Township for dedicated and owned facilities), according to the following minimum frequencies:
[1] 
Annually for the first five years.
[2] 
Once every three years thereafter.
[3] 
As specified in the O&M agreement pursuant to § 260-38.
(b) 
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
(c) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.
(d) 
Reestablishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the Township.
(2) 
Riparian forest buffer management plan prepared in accordance with Chapter 102, § 102-14(b)(4), if required.
(3) 
Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent SWM and erosion and sedimentation control facilities.
(4) 
Establishment of suitable easements for access to all facilities.
A. 
The Township reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any SWM facilities to the Township.
B. 
If SWM facilities are accepted by the Township for dedication, the landowner/developer shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to defray costs of periodic inspections and maintenance expenses. This fee shall be provided to the Township prior to unconditional SWM site plan approval. The amount of the deposit shall be determined as follows subject to the approval of the Township Board of Supervisors:
(1) 
The deposit shall cover the estimated costs for maintenance and inspections for 25 years. The Township will establish the estimated costs according to the O&M requirements outlined in the approved O&M plan.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values.
(3) 
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
C. 
If at any time a dedicated storage facility is eliminated due to the installation of storm sewers or other storage facility such as a regional detention facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility.
D. 
Maintenance shall be conducted as necessary to provide for the continued functioning of the SWM facility. Costs of inspections, maintenance and repairs are recoverable from the Township Stormwater Maintenance Fund.
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 § 260-39B 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 property owner 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 property owner 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.
The Township may charge an ongoing fee in accordance with the Township Fee Schedule, adopted by resolution, to help defray costs of periodic inspections and maintenance expenses for the life of the stormwater facility.