For the purposes of this article, drainage courses, swales,
stormwater inlets, pipes, conduits, detention basins and other SWM
facilities, including BMPs, shall be included under the term "SWM
facilities."
A.
The Borough shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The Borough may require a dedication of such facilities as part
of the requirements for approval of the SWM site plan. Such a requirement
is not an indication that the Borough will accept the facilities.
The Borough reserves the right to accept or reject the ownership and
operating responsibility for any portion of the SWM facilities.
B.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation 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.
The Borough may take enforcement actions against a landowner for
any failure to satisfy the provisions of this article.
A.
Prior to final approval of the development site's SWM site plan,
the record owner of the development site shall sign and record an
O&M agreement covering all stormwater control facilities that
are to be privately owned. Said agreement, designated as Appendix
A, is attached and made part hereto.[1] The agreement shall stipulate that:
(1)
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 and attractive manner.
(2)
The landowner shall convey to the Borough conservation easements
and/or rights-of-way to assure access for periodic inspections by
the Borough and maintenance, if required.
(3)
The owner shall keep on file with the Borough 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 Borough within 10 days of the change.
(4)
In the case of condominium and planned communities, separate agreements
will be entered and be in 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 Borough 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 Borough does not incur out-of-pocket expenses.
(5)
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the Borough may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
(6)
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.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
B.
The operation and maintenance agreement shall be subject to the review
and approval of the Municipal Solicitor and governing body.
C.
Municipalities are exempt from the requirement to sign and record
an O&M agreement.
A.
For SWM site plans that are required to have an NPDES permit and
a financial guarantee to the Borough is required, evidence of the
NPDES permit's executed "notice of termination" shall be provided
to the Borough prior to release of the financial security.
B.
A financial security (bond, restricted account or letter of credit)
for stormwater-related improvements shall be supplied by the developer
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.
C.
The applicant shall provide a financial security to the Borough for
the timely installation and proper construction of all stormwater
management facilities, including E&S BMPS, as required by the
approved stormwater management site plan and this chapter and, as
applicable, in accordance with the provisions of Sections 509, 510,
and 511 of the MPC.
D.
As the work of installing the required stormwater management facilities
proceeds, the party posting the financial security may request the
Council to release or authorize the release of, from time to time,
such portions of the financial security necessary for payment to the
contractor or contractors performing the work. Any such requests shall
be in writing addressed to the Council, and the Council shall have
45 days from receipt of such request within which to allow the Borough
Engineer to certify, in writing, to the Council that such portion
of the work upon the stormwater management facilities has been completed
in accordance with the approved stormwater management site plan. Upon
such certification, the Council shall authorize release by the bonding
company or lending institution of an amount as estimated by the Borough
Engineer fairly representing the value of the stormwater management
facilities completed. The Council may, prior to final release at the
time of completion and certification by its Engineer, require retention
of 10% of the estimated cost of the aforesaid stormwater management
facilities.
E.
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 Council is 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 Council may, at its option, install part of such stormwater management
facilities and may institute appropriate legal or equitable action
to recover the moneys 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 developer, 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.
A.
Maintenance of SWM facilities shall include, but not be limited to,
the following:
(1)
Regular inspection of the SWM facilities to assure proper implementation of BMPs, maintenance and care, as per § 187-42.
(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 grass waterways,
pipes, detention or retention basins, infiltration structures, or
BMPs, 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 "Erosion and Sedimentation Control Handbook
of Berks/Chester/Lancaster County."
(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 Borough.
(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 Borough. LID practices shall be included
in the annual written report. A form for reporting shall be available
at the Borough Office. Failure to provide such reports may result
in enforcement and penalties by the Borough.
B.
The Borough reserves the right to accept or reject any proposal to
dedicate ownership and operating responsibility of any SWM facilities
to the Borough.
A.
SWM facilities existing on the effective date of this chapter, which have not been accepted by the Borough 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 § 187-35 above. If the Borough 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 Borough 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 Borough 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 Borough may file a municipal claim against the property upon which the work was performed in accordance with applicable laws. The Borough shall have the right to choose among the remedies and may use one or more remedies concurrently.
B.
No person shall place any structure, fill, landscaping or vegetation
into an SWM facility or within a drainage easement that will limit
or alter the functioning of the facility or easement in any manner.
A.
Modification of chapter provisions.
(1)
The provisions of this chapter not related to water quality are intended
as minimum standards for the protection of the public health, safety,
and welfare. The borough reserves the right to modify or to extend
them conditionally in individual cases as may be necessary in the
public interest; provided, however, that such variation shall not
have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that to the satisfaction of the Borough
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will all for equal or better
results. Cost or financial burden shall not be considered a hardship.
The list of such modifications shall be listed on the plan.
[Amended 9-13-2022 by Ord. No. 676]
(2)
In granting waivers/modifications for provisions of this chapter,
the Borough may impose such conditions as will, in its judgment, secure
substantially the objectives of the standards and requirements of
this chapter.
(3)
The Borough may, after consultation with the DEP, approve measures
for meeting the state water quality requirements other than those
in this chapter, provided that they meet the minimum requirements
of, and do not conflict with, state law, including, but not limited
to, the Clean Streams Law. The Borough shall maintain a record of
consultations with DEP pursuant to this subsection. Where an NPDES
permit for stormwater discharges associated with construction activities
is required, issuance of an NPDES permit shall constitute satisfaction
of consultation with the DEP.
(4)
Where a written erosion and sediment control plan associated with
earth disturbance of 5,000 square feet to one acre is required, review
of the written erosion and sediment control plan shall constitute
satisfaction of consultation with the DEP.
(5)
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the Municipality unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated county
conservation district.
[Added 9-13-2022 by Ord. No. 676]
B.
Modification of approved plans and facilities.
(1)
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 developer in accordance with the plan requirements as set forth in Article IV of this chapter.
(2)
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 developer
shall provide the Borough with one Mylar and two prints of the final
as-built plan showing the following:
A.
Actual horizontal and vertical location of cartway center line versus
right-of-way center line.
B.
Actual location of floodplain by elevation and dimensions from property
line.
C.
Actual location and cross section of swales and accompanying easements.
D.
Actual horizontal and vertical location of stormwater management
facilities, including type and size of storm drainage pipes.
E.
Stormwater management facility:
(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.
F.
Digital inventory.
[Added 9-13-2022 by Ord. No. 676]
(1)
When
required. A digital inventory shall be submitted following approval
of the as-built plan by the Borough Engineer if the project includes
any of the following:
(2)
Digital
inventory requirements.
(a)
The digital inventory shall be in an electronic format acceptable
to the Borough Engineer.
(b)
The digital inventory shall include all information included and
shown on the approved as-built plan.
(c)
All coordinates as depicted on the plan shall be based on the PA
South Zone State Plan Coordinate System (NAD83 for horizontal and
NAVD88 for vertical).
G.
The as-built record plan submission shall include a certification
of completion signed by the owner's qualified professional verifying
that all permanent SWM 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 Subsection C 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 Borough.
C.
The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or to the waters of this Commonwealth:
[Amended 9-13-2022 by Ord. No. 676]
(1)
Discharges or flows from firefighting activities.
(2)
Discharges from potable water sources including water line flushing
and fire hydrant flushing, if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
(3)
Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands.
(4)
Diverted stream flows and springs.
(5)
Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps
(6)
Noncontaminated HVAC condensation and water from geothermal systems.
(7)
Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
(8)
Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
Roof drains and sump pumps shall discharge, to the maximum extent
practicable, to infiltration or vegetative BMPs and to the maximum
extent practicable satisfy the criteria for DIAs.
No person shall modify, remove, fill, landscape, or alter any
SWM BMPs, facilities, areas, or structures without the written approval
of the Borough.
SWM BMPs shall be inspected by the landowner, or the landowner's
designee, according to the following list of minimum frequencies:
A.
Annually for the first five years.
B.
Once every three years thereafter.
C.
During or immediately after the cessation of a ten-year or greater
storm.
D.
Those BMPs related to an NPDES permit shall be inspected to the post-construction
stormwater management plan, with annual written reports provided to
the Township.
E.
Inspections should be conducted after the cessation of a ten-year
or greater storm. 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 Municipality
within 30 days following completion of the inspection.
[Added 9-13-2022 by Ord. No. 676]
