[Amended 7-17-2014 by Ord. No. 2014-02]
A.
Ownership of stormwater management facilities.
(1)
Ownership of all stormwater management facilities after construction
shall be the sole responsibility of the developer or the private landowner
as set forth in the approved SWM permit. The only stormwater management
facilities which are to be controlled by the Township shall be those
facilities which have been offered for dedication and accepted for
dedication by the Township.
(2)
The intent of these regulations is to provide private ownership and
maintenance of stormwater management facilities, erosion and sedimentation
control facilities and floodplain control facilities. The Township
may require a dedication of such facilities as part of the requirements
for approval of the SWM permit. Such a requirement is not an indication
that the Township will accept the facilities. Under no circumstances
does the Township intend to accept dedication of stormwater management
facilities. The Township does not encourage the dedication of stormwater
management facilities that are located outside public street rights-of-way.
(a)
Where the SWM permit proposes that the Township own or maintain
a stormwater management facility, a description of the methods, procedures,
and the extent of maintenance shall be described in such an offer.
(b)
The Township reserves the right to accept or reject the ownership,
maintenance, and operating responsibility for any portion of the stormwater
management facilities and controls.
(c)
Future offers for dedication can only be made for facilities
which meet current Township specifications.
B.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded in the York County
Recorder of Deeds' office as deed restrictions/protective covenants
or easements that run with the land.
C.
The O&M plans and agreements shall be recorded as a restrictive
deed covenant that runs with the land.
D.
No person shall modify, remove, fill, landscape, or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the Township, with the exception of necessary maintenance activities
such as mowing.
E.
The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
F.
The degree of stormwater management sought by the provisions of this
chapter is considered reasonable for regulatory purposes. The issuance
of permits by Hellam Township, its officers, or employees shall not
be deemed to relieve the developer of responsibility, if any such
responsibility exists, to those adversely affected by the drainage
of water. Further, the Township, through the issuance of an SWM permit,
assumes no responsibility to either the developer or the adjoining
property owner affected by the drainage of water.
A.
Maintenance of all stormwater management facilities during development
shall be the sole responsibility of the developer and shall include,
but not be limited to:
(1)
Removal of silt from all basins, traps or other structures or measures
when 30% of capacity is filled with silt;
(2)
Periodic maintenance of temporary control facilities as described
in the soil erosion and sedimentation control plan, such as replacement
of silt fencing, filter socks, or similar measures;
(3)
Establishment or reestablishment of vegetation by seeding and mulching
or sodding of scoured areas or areas where vegetation has not successfully
been established;
(4)
Installation of necessary controls to correct unforeseen problems
caused by storm events within designed frequencies;
(5)
Removal of all temporary measures and installation of permanent measures
upon completion of the project;
(6)
Requirements of the Pennsylvania Department of Environmental Protection,
Chapter 102 regulations.
B.
O&M agreements for an approved SWM permit not submitted as a
component of a subdivision and/or land development plan shall be subject
to the following process:
(1)
For all land disturbance activities that do not require an NPDES
Permit, the Township shall make the final determination on the continuing
O&M responsibilities prior to final approval of the SWM site plan.
(3)
This document shall be recorded in the office of the Recorder of
Deeds for York County upon completion of construction and a copy supplied
to the Township. In all cases, the document shall be recorded prior
to the issuance of a certificate of use and occupancy and be fully
effective at the post-construction period.
C.
O&M agreements submitted as a component of a subdivision and/or land development plan shall be subject to the recording requirements of Chapter 430 of this Code of Ordinances.
D.
The owner, successor, and assignees shall maintain all facilities
in accordance with the approved maintenance schedule in the O&M
agreement.
E.
The owner shall convey to the Township easements to assure access
for periodic inspections by the Township and maintenance, as necessary.
F.
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 shall be submitted
by the owner to the Township within 10 working days of the change.
G.
The owner is responsible for O&M of the SWM BMPs. If the owner
fails to adhere to the O&M 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.
H.
The Township is exempt from the requirement to sign and record an
O&M agreement.
A.
The Township shall, prior to issuing a stormwater management permit,
require a performance guarantee for stormwater detention and/or retention
basins, erosion control facilities, BMPs, and other drainage facilities
which may adversely affect adjacent properties, streets or other public
improvements.
B.
Where required, the developer shall file with the Board of Supervisors financial security in an amount sufficient to cover the costs of the stormwater management facilities. The administration of the financial security shall comply with the financial security provisions of Chapter 430 of this Code of Ordinances, as amended.
