[Ord. 2014-04, 4/28/2014, § 23-601]
1. 
Maintenance of stormwater management facilities during development of a project site shall be the responsibility of the developer and the landowner and shall include, but not be limited to:
A. 
Removal of silt from all debris basins, traps or other structures or measures in accordance with the approved erosion and sediment control plan. When required, clean out shall be performed to restore the original design volume to the basin or other structure. The elevation corresponding to the maximum allowable sediment level shall be determined and stated in the design data as a distance below the top of the riser. The elevation shall be clearly marked on the riser to enable proper maintenance.
B. 
Periodic maintenance of temporary control facilities, such as replacement of straw bale dikes, straw filters or similar measures.
C. 
Establishment or re-establishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established.
D. 
Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies.
E. 
Removal of all temporary stormwater management control facilities upon installation of permanent stormwater management facilities at the completion of the development.
[Ord. 2014-04, 4/28/2014, § 23-602]
Where the Board of Supervisors accepts dedication of all or some of the required stormwater management facilities following completion, the Board of Supervisors shall require the posting of financial security to secure the structural integrity of said facilities, as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan. The term of the financial security shall be 18 months from the date of acceptance of dedication, and the amount of financial security shall be 15% of the actual cost of installation of said improvements. The financial security shall be of the same type required in § 23-502 with regard to installation of stormwater management facilities.
[Ord. 2014-04, 4/28/2014, § 23-603]
1. 
It is the purpose and intent of this chapter that the Township shall not become responsible for maintenance and supervision of stormwater management facilities unless such facilities are within rights of way or property dedicated to and accepted by the Township or unless such facilities are specifically accepted by the Township. The responsibility for stormwater management facility maintenance falls upon the developer and/or landowner, who shall remain responsible for those areas of the project site which are subject to the requirements of this chapter. This responsibility may be retained or assigned to third persons as is deemed most acceptable to the developer and/or landowner.
2. 
The landowner, successor and assigns shall maintain all stormwater management facilities in good working order in accordance with the approved operation and maintenance (O&M) plan and associated recorded maintenance agreement.
3. 
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.
4. 
It is the intent of this chapter that the purposes of this chapter shall be carried out through the exercise of responsibility of private parties, and therefore, it is anticipated that stormwater management plans shall be designed with a view towards facilities which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, with respect to stormwater management facilities on a project site as shown on a plan of an applicant, which stormwater management facilities will not otherwise become part of Township property, such facilities shall become the responsibility of the individual property owners on whose properties such stormwater management facilities lie, including, but not limited to, retention ponds, detention ponds, sediment basins, BMPs, energy dissipaters or grassed waterways, and the Township and applicant shall enter into an agreement, which shall be recorded, setting forth such O&M responsibilities. Persons, including developers, conveying property within a project site to another party, which property contains any stormwater management facilities, shall include a specific deed reference to such grantee's responsibility for the O&M of the stormwater management facilities as are included within such grantee's property. The deed reference to such stormwater management facilities shall be in the form of a deed restriction imposing responsibilities upon said property owner for the maintenance of the portions of the stormwater management facilities within the boundary lines of said property as may be necessary for proper maintenance of the stormwater management facilities in accordance with the terms of this chapter. The required O&M plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities and address the following:
A. 
Description of maintenance requirements, including, but not limited to, the following:
(1) 
Inspections.
[Amended by Ord. No. 2022-06, 9/12/2022]
(a) 
The landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
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.
4) 
As specified in the recorded agreement pursuant to § 23-603.2.
(b) 
Inspections should be conducted during or immediately following precipitation events of three inches or more within a twenty-four-hour period. 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 Township within 30 days following completion of the inspection.
(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) 
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.
B. 
Riparian forest buffer management plan prepared in accordance with Chapter 102, § 14(b)(4) if required.
5. 
The deed restrictions herein above mentioned shall also include notice that, in the event that the individual property owner should fail to comply with the terms of this chapter for the maintenance and care of the land in question, the Township shall have the authority to carry out those duties hereby imposed upon individual property owners. The Township may, after giving notice to an individual property owner that he is not properly maintaining the areas subject to this chapter and by making a demand that such compliance shall be made within the time period set forth in the notification, enter upon said property and take such actions as may be required to bring the area into compliance with this chapter. The Township shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this section, plus a penalty of 10% of the costs of such work. The Township shall, in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner who should fail to comply with the terms of this chapter.
[Ord. 2014-04, 4/28/2014, § 23-604]
In cases where permanent maintenance of stormwater management facilities is to be performed by private entity, such as a homeowners association or a condominium unit owners association, such entity shall be responsible for the maintenance of such facilities and shall enter into a legally binding agreement with the Township. Such agreement shall provide the Township rights, in accordance with § 705 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10705, relating to the maintenance of common open space should the private entity fail to adequately maintain the stormwater management facilities.
[Ord. 2014-04, 4/28/2014, § 23-605]
Stormwater management facilities existing on the effective date of this chapter on individual lots 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 property owners. Such maintenance shall include at a minimum those items set forth in § 23-603.4, the O&M plan, and any recorded stormwater management agreement and declaration of easement. 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 Township may determine that such condition constitutes a nuisance and shall notify the property owner of corrective measures which 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 property owner 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 property owner 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 Township may file a municipal claim against the property upon which the work was performed in accordance with applicable laws.
[Ord. 2014-04, 4/28/2014, § 23-606]
No person shall modify, remove, fill, landscape or alter stormwater management facilities which may have been installed on a property unless a stormwater management plan has been approved which authorizes such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility or within a drainage easement which will limit or alter the functioning of the facility or easement in any manner.
[Ord. 2014-04, 4/28/2014, § 23-607]
1. 
No person in the Township shall allow or cause to allow stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except discharges allowed under a state or federal permit.
2. 
The following discharges are authorized unless they are determined to be significant contributors to pollution to a regulated small MS4 or to waters of this commonwealth:
[Amended by Ord. No. 2022-06, 9/12/2022]
A. 
Discharges or flows from firefighting activities.
B. 
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).
C. 
Noncontaminated irrigation water, water from lawn maintenance, landscape drainage and flows from riparian habitats and wetlands.
D. 
Diverted stream flows and springs.
E. 
Noncontaminated pumped groundwater and water from foundation and footing drains and crawl space pumps.
F. 
Noncontaminated HVAC condensation and water from geothermal systems.
G. 
Residential (i.e., not commercial) vehicle wash water where cleaning agents are not utilized.
H. 
Noncontaminated hydrostatic test water discharges if such discharges do not contain detectable concentrations of TRC.
3. 
In the event that the Township or DEP subsequently determines that any of the discharges identified in Subsection 2 significantly contribute to pollution of waters of the Commonwealth, the Township or DEP will notify the responsible person(s) to cease the discharge.
4. 
No person shall allow, or cause to allow, discharges into surface waters of this Commonwealth which are not composed entirely of stormwater, except (A) as provided in this section or (B) discharges allowed under a current state or federal permit.
5. 
Upon notice provided by the Township under Subsection 3 the discharger will have a reasonable time to cease the discharge consistent with the degree of pollution caused by the discharge.
6. 
Disposal of animal waste in storm drains or in a manner which shall intentionally allow animal waste to enter a stormwater management facility is prohibited. Disposal of animal waste in any Township compost facility is prohibited.
[Added by Ord. No. 2022-06, 9/12/2022]
[Ord. 2014-04, 4/28/2014, § 23-608]
1. 
The following connections to the Township storm sewers or stormwater drainage systems are prohibited:
A. 
Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge including sewage, process wastewater, and washwater to enter the separate storm sewer system, or waters of this Commonwealth and any connections to the storm drain system from indoor drains and sinks.
B. 
Any drain or conveyance from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Township.
2. 
This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection, drain or conveyance was previously allowed, permitted, or approved by a government agency, or otherwise permissible under law or practices applicable or prevailing at the time of connection.
[Ord. 2014-04, 4/28/2014, § 23-609]
1. 
Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in § 23-607.2.
2. 
When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted on a case by case basis by the Township. It shall be the burden of the person seeking to make the connection to demonstrate to the Township that such connection is more advantageous and such connection shall not violate any state or federal statute, rule or regulation.
3. 
Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent possible. Use of catchment facilities for the purpose of reuse is permitted and encouraged.
[Ord. 2014-04, 4/28/2014, § 23-610]
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, or other component of the Township's separate storm sewer system, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.