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 the 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.
The landowner shall 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 C,[1] is attached and made part hereto. 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.
The operation and maintenance agreement shall be subject to
the review and approval of the Township Solicitor and Board of Supervisors.
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)
Regular inspection of the SWM facilities. To assure proper implementation
of BMPs, maintenance and care SWM BMPs should be inspected by a qualified
person, which may include the landowner, or the owner's designee,
according to the following minimum frequencies:
(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)
Re-establishment 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 facilities.
(5)
Two copies of the inspection report required in § 270-63B(1)(a) shall be provided to the Township within 60 days of completion of the inspection.
Maintenance of SWM facilities during development shall be the
responsibility of the developer and shall include, but not be limited
to:
A.
Removal of silt from all debris basins, traps or other structures
or measures when 60% of capacity is filled with silt.
B.
Periodic maintenance of temporary control facilities such as replacement
of straw bale dikes, straw filters or similar measures.
C.
Establishment or reestablishment of vegetation by seeding and mulching
or sodding of scoured areas or areas where vegetation has not been
established.
D.
Installation of necessary controls to correct unforeseen problems
caused by storm events within design frequencies.
E.
The contractor or developer shall be responsible for removal of all
temporary measures and installation of permanent measures upon completion
of the development.
A.
The Township reserves the right to accept or reject any proposal
to dedicate ownership and operating responsibility of any SWM facilities
to the Township.
B.
If SWM facilities are accepted by the Township, the landowner/developer
shall be required to pay a specified amount to the Municipal Stormwater
Maintenance Fund to defray costs of periodic inspections and maintenance
expenses. This fee shall be provided to the Township prior to unconditional
plan approval. The amount of the deposit shall be determined as follows
subject to the approval of the Board of Supervisors:
(1)
The deposit shall cover the estimated costs for maintenance and inspections
for 25 years. The Township will establish the estimated costs according
to the O&M requirements outlined in the approved O&M plan.
(2)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values.
(3)
If a storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the Township may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purpose.
C.
Maintenance shall be conducted as necessary to provide for the continued
functioning of the SWM facility. Costs of inspections, maintenance
and repairs are recoverable from the Municipal Stormwater Maintenance
Fund.
A.
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 § 270-63B above. If the Township 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 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.
