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.
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.
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.
Roof drains and sump pumps shall discharge, to the maximum extent
practicable, to infiltration or vegetative BMPs.
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.
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.