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 West Donegal Township easements to assure access for inspections and maintenance, if required.
C. 
The landowner shall keep on file with the Township the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the Township within 10 days of the change.
D. 
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
E. 
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 E, is attached and made part hereto.[1] 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 included as an attachment to this chapter.
A. 
The operation and maintenance agreement shall be subject to the review and approval of the Township Solicitor, Township Engineer and Board of Supervisors.
B. 
West Donegal 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) 
The landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this article according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
[Amended 9-12-2022 by Ord. No. 250-2022]
[1] 
Annually for the first five years.
[2] 
Once every three years thereafter.
[3] 
During or immediately after the cessation of a ten-year or greater storm.
Inspections should be conducted during or immediately following precipitation events of three inches or more within a twenty-four-hour period. 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, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Township within 30 days following completion of the inspection.
(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 § 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 facilities and erosion and sedimentation control facilities.
(4) 
Establishment of suitable easements for access to all SWM facilities.
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 § 190-73B above. If the Township determines at any time that any permanent SWM facility has been eliminated, altered, or 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, West Donegal 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, West Donegal 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.
A. 
All SWM site plans and applications shall include the following note: "No person shall modify, remove, fill, landscape or alter SWM facilities and/or BMP facilities which may have been installed on a property unless a stormwater management permit has been obtained to permit such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility, a BMP facility or within a drainage easement."