[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:
(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.
