A. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management site plan. The Township may require a dedication of such facilities as part of the requirements for approval of the stormwater management site plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
C. 
The operation and maintenance plans and agreements shall be recorded as a restrictive deed covenant that runs with the land.
Prior to final approval of the development site's stormwater management site plan, the record owner of the development site shall sign and record an operation and maintenance agreement covering all stormwater control facilities that are to be privately owned. Said agreement, as provided in Appendix F, is attached and made part hereto. The agreement shall stipulate that:
A. 
The landowner, successor and assignees shall maintain all facilities in good working order in accordance with the approved maintenance schedule and shall keep all facilities in a safe manner.
B. 
The landowner shall convey to the Township easements and/or rights-of-way to assure access for periodic inspections by the Township and maintenance, if required.
C. 
The owner 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. 
In the case of condominium and planned communities, separate agreements will be entered and be in a legal form capable of being enforced against the common elements and the ownership interests of the individual units or properties, as the case may be, so that the Township has the ability to force compliance with the provisions of such agreements and to assess the cost (as set forth in this chapter) against all owners so that the Township does not incur out-of-pocket expenses.
E. 
The owner is responsible for operation and maintenance (O&M) of the stormwater management BMPs. If the owner fails to adhere to the operation and maintenance agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
F. 
Where drainage facilities are approved within a state highway, a perpetual agreement or bond shall be required of the applicant for maintenance of said facilities.
G. 
Where the NPDES permit for the project requires that BMPs be installed, annual written reporting of the inspection and maintenance of those BMPs shall be included in the program.
A. 
A financial security (bond, restricted account or letter of credit) for stormwater-related improvements shall be supplied by the applicant in conjunction with the subdivision/land development approval, or in conjunction with the stormwater management site plan approval if no subdivision/land development plan is required.
B. 
The applicant shall provide a financial security to the Township for the timely installation and proper construction of all stormwater management facilities, as required by the approved stormwater management site plan and this chapter and, as applicable, in accordance with the provisions of Article 5 of the MPC.
C. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release of, from time to time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing and addressed to the Supervisors, and the Supervisors shall have 45 days from the receipt of such request to allow the Township Engineer to certify, in writing, to the Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as representing the value of the work completed.
D. 
In the event that any stormwater management facilities which may be required have not been installed as provided in the approved stormwater management site plan, the Supervisors are hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the stormwater management facilities covered by said security, the Supervisors may, at their option, install part of such stormwater management facilities and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the stormwater management facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the stormwater management facilities covered by such security and not for any other municipal purpose.
E. 
For stormwater management site plans that are required to have an NPDES permit and a financial security to the Township is required, evidence of the NPDES permit's executed "notice of termination" shall be provided to the Township prior to the release of the financial security.
F. 
Financial security shall not be finally released until an as-built plan, as described in § 229-61, has been submitted to the Township and approved by the Township Engineer.
A. 
Maintenance of stormwater management facilities shall include, but not be limited to, the following:
(1) 
Regular inspection of the stormwater management facilities to assure proper implementation of BMPs, maintenance and care, as per Subsection B below.
(2) 
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
(3) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in stormwater management facilities and thus reducing their capacity to convey or store water.
(4) 
Mowing grass areas as necessary to maintain adequate growth and to control weeds. Chemical weed control may be used to maintain the specified planting (i.e., grass, wetlands plants, etc.) if federal, state and local laws and regulations are met.
(5) 
Liming and fertilizing vegetated channels and other areas according to the specifications in the PADEP Erosion and Sediment Pollution Control Manual.
(6) 
Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the Township.
(7) 
Where the NPDES permit for the project requires that BMPs be installed, annual written reporting of the inspection and maintenance of those BMPs shall be provided to the Township. LID practices shall be included in the annual written report. A form for reporting shall be available at the Township Office. Failure to provide such reports may result in enforcement and penalties by the Township.
B. 
Stormwater management BMPs shall be inspected by the landowner, or the landowner's designee (including the Township for dedicated and owned facilities), according to the following list of minimum frequencies:
(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 (equating to at least 4.5 inches of rainfall in a twenty-four-hour period).
C. 
The Township reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any stormwater management facilities to the Township.
Stormwater management 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 § 229-58 above. If the Township determines at any time that any permanent stormwater management 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.
A. 
Any modification which involves a change in stormwater management control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require the submission of a revised plan by the applicant in accordance with the plan requirements as set forth in Article III of this chapter.
B. 
Any replatting, revision, or resubdivision of recorded plans or any replatting, revision, or resubdivision of any approved final plan which has not been recorded, including lot grading plans in subdivisions, shall be considered as a new application and shall comply with all the requirements of this chapter.
Prior to the final release of the financial security, the applicant shall provide the Township with one Mylar, two paper copies, and a portable document format (PDF) file of the final as-built plan showing the following:
A. 
Actual location of the floodplain by elevation and dimensions from property lines.
B. 
Actual location and cross section of swales and accompanying easements.
C. 
Actual horizontal and vertical location of stormwater management facilities, including type and size of storm drainage pipes.
D. 
Aboveground (as defined in § 229-47A) storage facilities:
(1) 
Actual contours of the stormwater management facility.
(2) 
Actual outlet structure details, including type, size and inverts of outlet pipes.
(3) 
Actual elevation of the embankment and emergency spillway.
(4) 
A table showing the stage/storage/discharge curve for the constructed conditions.
(5) 
A table providing a comparison of the approved design vs. the as-built discharge rates from all stormwater management facilities.
E. 
When a digital submission of an as-built plan is required, all coordinates as depicted on the plan shall be based on the PA South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
F. 
The as-built plan submission shall include a certification of completion signed by the applicant's qualified professional verifying that all permanent stormwater management BMPs have been constructed according to the approved plans and specifications. If any qualified licensed professionals contributed to the construction plans, then a qualified licensed professional must sign the completion certificate.
A. 
The following connections are prohibited, except as provided in § 229-62C below:
(1) 
Any drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter a separate storm sewer system (if applicable) or waters of this commonwealth and any connections to the storm drain system from indoor drains and sinks; and
(2) 
Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system (if applicable) which has not been documented in plans, maps, or equivalent records and approved by the Township.
B. 
No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except:
(1) 
As provided in § 229-62C below; and
(2) 
Discharges allowed under a state or federal permit.
C. 
The following discharges are authorized unless they are determined by the Township or PADEP to be significant contributors to pollution to the waters of this commonwealth:
(1) 
Discharges from firefighting activities.
(2) 
Potable water sources, including water line flushing.
(3) 
Springs.
(4) 
Air-conditioning condensate.
(5) 
Water from crawl space pumps.
(6) 
Flows from riparian habitats and wetlands, diverted stream flows.
(7) 
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(8) 
Irrigation and landscape irrigation drainage.
(9) 
Uncontaminated water from foundations or from footing drains.
(10) 
Lawn watering.
(11) 
Dechlorinated swimming pool discharges.
(12) 
Uncontaminated pumped groundwater, rising groundwater, and groundwater infiltration.
(13) 
Water from individual residential car washing.
(14) 
Routine external building wash down (which does not use detergents or other compounds).
D. 
In the event that the Township or PADEP determines that any of the discharges identified in § 229-62C above significantly contribute to pollution of the waters of this commonwealth, the Township or PADEP will notify the responsible person(s) to cease the discharge.
As required in § 229-34A, the stormwater management site plan shall include a note on the plan informing the owner that the Township shall have the right of entry for the purposes of inspecting all stormwater conveyance, treatment, or storage facilities.
In the event that any person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued hereunder, the Township shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a reasonable time limit for correction of the violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not preclude the Township from pursuing any and all other remedies.
A. 
The Supervisors are hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management site plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township.
(1) 
The Township may provide a limited time period for the owner to correct any violation. In these cases, the Township will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
(2) 
Any approval or permit issued by the Township pursuant to this chapter may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of the approved stormwater management site plan or operation and maintenance agreement.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(c) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, or pollution, or endangers the life or property of others.
(3) 
A suspended approval may be reinstated by the Township when the Township has inspected and approved the corrections to the violations that caused the suspension.
(4) 
An approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
B. 
It shall be a violation of this chapter to commit any of the following acts:
(1) 
To commence regulated activities prior to obtaining unconditional approval of a stormwater management site plan or in violation of the terms or conditions of a stormwater management site plan approved under this chapter.
(2) 
To install, repair, modify or alter stormwater management facilities prior to obtaining approvals under this chapter or in a manner which violates the terms and conditions of any approval issued under this chapter.
(3) 
To misuse or fail to maintain any stormwater management facility installed upon a property.
(4) 
To construct any improvements upon, grade, fill, place any structure, landscaping or vegetation, or take any other action which will impair the proper functioning of any stormwater management facility without the written approval of the Township.
(5) 
To place false information on, or omit relevant information from, an application for approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
A. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof on which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.
B. 
The Township may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the person responsible for the unlawful conduct in such manner as may now or hereafter be provided by law.
C. 
The Supervisors may also take actions relating to suspension or revocation of permits set forth in § 229-66.
D. 
The Supervisors may, by resolution, appoint a Code Enforcement Officer to enforce this chapter and may authorize such Code Enforcement Officer to institute summary criminal proceedings without prior action by the Supervisors.
A. 
Any person aggrieved by any action of the Township or its designee may appeal to Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. § 401 et seq.
B. 
Any person aggrieved by any decision of Supervisors may appeal to the Lancaster County Court of Common Pleas within 30 days of that decision, in accordance with Article VII of Local Agency Law, 2 Pa. C.S.A § 701 et seq.
This chapter shall take effect and be in force five days after its enactment by the Supervisors of the Township of Lancaster, as provided by law.