[Ord. No. 129, 9/3/2015; amended by Ord. No. 147, 3/4/2021]
1. 
Stormwater management facilities and BMPs 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 landowner.
A. 
Such maintenance shall include at a minimum all of those items set forth in § 23-601, Subsection 4, and § 23-601, Subsection 5, and all inspection and maintenance requirements set forth in notes on recorded plans for the lot and any recorded stormwater management agreement or operation and maintenance agreement applicable to the lot.
B. 
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 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 within which the property owner shall take such corrective action.
(1) 
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.
(2) 
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 the applicable laws.
(3) 
The Township shall have the right to choose among the remedies and may use one or more remedies concurrently.
2. 
Stormwater management facilities and BMPs installed after 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 landowner in accordance with § 23-601, Subsection 1.
3. 
Assignment of maintenance responsibility for stormwater management facilities. When a SWM site plan or a subdivision and/or land development plan proposed installation of stormwater management facilities, the stormwater management facilities shall be designed to consider long-term maintenance of each stormwater management facility. The SWM site plan or subdivision and/or land development plan shall contain notes, in language acceptable to the Township Solicitor, addressing responsibility for inspection and maintenance. The notes and the required operation and maintenance agreement shall address the following requirements:
A. 
If stormwater management facilities are proposed to be installed within the right-of-way of a Township street in existence on the date the SWM site plan or subdivision and/or land development plan is filed, the developer and the developer's successors and assigns shall be responsible for the maintenance of such facilities. If the development at issue is a nonresidential development, the owner of the abutting lot shall be responsible for maintenance of the facility. If the proposed development is a residential development of a single lot, the lot owner shall be responsible for the maintenance of such facility. If the development is a residential subdivision, the developer shall create a homeowners' or unit owners' association which shall be responsible for the maintenance of the facility.
B. 
If the SWM site plan or the subdivision and/or land development plan creates multiple residential lots, the developer shall assign maintenance responsibility to a landowner, homeowners' association or unit owners' association (hereafter the "responsible entity") as follows:
(1) 
If all stormwater management facilities proposed are individual facilities serving a single lot, such as rain gardens serving a single lot and swales on the same lot directing stormwater to the such rain garden, maintenance responsibility may be assigned to the individual lot owners or to a homeowners' or unit owners' association.
(2) 
If the SWM site plan or subdivision and/or land development plan proposes stormwater management facilities that are located on more than one lot or unit or that serve more than one lot or unit, including, but not limited to, pipes, inlets, and detention or retention basins, the developer shall form a homeowners' association or unit owners' association which shall be responsible to maintain all of the stormwater management facilities and which shall be a party to the operation and maintenance agreement.
(3) 
Where the SWM site plan or subdivision and/or land development plan proposes a single lot nonresidential development, the landowner shall be responsible to maintain all stormwater management facilities.
(4) 
When the SWM site plan or subdivision and/or land development plan propose a multi-lot nonresidential development, the developer shall provide detailed information as to how maintenance responsibility for stormwater management facilities shall be assigned. If stormwater facilities on one lot serve multiple lots, the developer shall identify how the costs of long-term maintenance shall be allocated.
4. 
Maintenance responsibilities for stormwater management facilities shall include, but not be limited to, the following:
A. 
Regular inspection of the stormwater management facilities to assure proper implementation of BMPs, maintenance and care, in accordance with § 23-601, Subsection 5.
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 stormwater management facilities and thus reducing their capacity to convey or store water.
D. 
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.
E. 
Liming and fertilizing vegetated channels and other areas according to the specifications in the PADEP Erosion and Sediment Pollution Control Manual.
F. 
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 Township.
G. 
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 Township. LID practices shall be included in the annual written report. A form for reporting shall be available at the Township office. Failure to provide such reports may result in enforcement and penalties by the Township.
5. 
Stormwater management BMPs shall be inspected by the responsible entity, according to the following 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.
If the operation and maintenance agreement or the notes on the SWM site plan or subdivision and/or land development plan provide a more frequent schedule for inspections, the responsible entity shall conduct inspections in accordance with such schedule.
6. 
Prior to final approval of the development site's SWM site plan or subdivision and/or land development plan, the record owner of the development site shall execute and record an operation and maintenance agreement, in a recordable form acceptable to the Township, covering all temporary and permanent stormwater management and erosion control facilities that are to be privately owned. The agreement, as provided in the Appendix,[1] shall include:
A. 
A written description of all temporary and permanent stormwater management and erosion control facilities, areas, or structures used as stormwater management BMPs and their maintenance requirements.
B. 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
C. 
The operation and maintenance agreement shall be recorded as a restrictive deed covenant that runs with the land.
D. 
Identification of a responsible entity for operation and maintenance of temporary and permanent stormwater management and erosion control facilities in accordance with § 23-601, Subsection 3.
E. 
The landowner and the successor responsible entity in accordance with § 23-601, Subsection 3, shall maintain all temporary and permanent stormwater management and erosion control facilities in good working order in accordance with the approved maintenance schedule and shall keep all facilities in a safe manner.
F. 
The landowner shall convey to the Township easements and/or rights-of-way to assure access for periodic inspections by the Township and maintenance, if required.
G. 
The landowner and the responsible entity in accordance with § 23-601, Subsection 3, 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.
H. 
The landowner and the responsible entity in accordance with § 23-601, Subsection 3, are responsible for the operation and maintenance of the stormwater management BMPs. If the landowner and the responsible entity in accordance with § 23-601, Subsection 3, fail to adhere to the operation and maintenance agreement, the Township may perform the services required and charge the landowner and the responsible entity in accordance with § 23-601, Subsection 3, appropriate fees. Nonpayment of fees shall result in a lien against the property.
I. 
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: Said appendix is included as an attachment to this chapter.
7. 
The Township reserves the right to accept or reject any proposal to dedicate ownership and maintenance responsibility of any stormwater management facilities to the Township.
A. 
Where the Board of Supervisors accepts dedication of stormwater management facilities, the Board of Supervisors may require the applicant to establish, at the time of dedication, a maintenance fund, in an amount determined by the Township, adequate for the perpetual care of such facilities.
B. 
The owner/developer shall be responsible to prepare the necessary deed of dedication and to pay all costs related thereto, including but not limited to drafting; recording fees; transfer taxes; notary fees; etc., as well as fees attributable to review of the proposed deed by the Township Engineer and Solicitor. Any proposed deed shall be subject to approval of the Township Solicitor. Any deed shall have, as an attached exhibit, a plan showing the proposed dedication in sufficient detail to establish the location and dimensions of any stormwater facility located on same. In addition to a deed, the Township Solicitor may, depending on the size of the property and facility, require the owner/developer to provide title insurance from a reputable insurer, insuring the dedicated property as having good and marketable title free and clear of all liens and encumbrances except utility easements and other easements of record.
[Ord. No. 129, 9/3/2015]
1. 
A financial security (bond, restricted account, cash or letter of credit at the Township's discretion) for stormwater related improvements shall be supplied by the owner/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.
A. 
The Township shall have the right to deposit any cash security as aforesaid in any chartered depository in any form of interest or non-interest-bearing account which it, in its sole discretion, shall deem advisable. The account shall be in the name of West Cocalico Township for "__________" under the social security or tax identification number of the owner/developer. Owner/developer hereby waives and releases Township from any claim or liability concerning the type of account, the interest rate if any, taxes attributable to such account, or failure of the depository. Any interest earned on such account shall belong to the owner/developer upon satisfaction of all obligations to Township pursuant to this chapter.
B. 
The Township shall have the absolute right to withdraw any or all account funds and/or earned interest, as it deems appropriate, to effect any completion, repair or maintenance to the property, facility or improvements until such time as the owner/developer has satisfied all obligations to the Township pursuant to this chapter.
C. 
Any bond or letter of credit offered as security shall be subject to approval of the Township Solicitor, in his sole discretion, which shall not be unreasonably exercised, as to the choice of provider, and the form and content of the bond or letter of credit.
2. 
The applicant shall provide a financial security to the Township for the timely installation and proper construction of all stormwater management facilities, as required by the approved stormwater management site plan and this chapter and in accordance with the provisions of Part 5 of the MPC.
3. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release from time to time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing and addressed to the Supervisors, and the Supervisors shall have 45 days from the receipt of such request to allow the Township Engineer to certify, in writing, to the Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as representing the value of the work completed.
4. 
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 Supervisors are 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 Supervisors may, at their option, install part of such stormwater management facilities and may institute appropriate legal or equitable action to recover the monies 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.
5. 
For stormwater management site plans that are required to have an NPDES permit and a financial security to the Township is required, evidence of the NPDES permit's executed notice of termination shall be provided to the Township prior to the release of the financial security.
[Ord. No. 129, 9/3/2015]
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 Part 3 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.
[Ord. No. 129, 9/3/2015]
1. 
Prior to the final release of the financial security, the developer shall provide the Township with two paper copies, and one GIS-compatible electronic copy of the stormwater site as-built plan.
2. 
The requirements for the as-built plan shall be developed by the professional responsible for the preparation of the stormwater management site plan.
3. 
The as-built plan requirements shall be submitted to the Township for review and approval during the preparation of the stormwater management site plan.
4. 
The as-built plan requirements shall be shown on the approved stormwater management site plan.
5. 
In addition to any requirements required by the Township's Subdivision And Land Development Ordinance,[1] the as-built plan shall include the following:
A. 
The actual horizontal and vertical location of all stormwater management facilities including material, type, size, slope and size of storm drainage pipes and swales and their location in reference to any accompanying easements.
B. 
The actual horizontal and vertical location and cross section(s) of all designed swales and their location in reference to any accompanying easements.
C. 
Actual location of floodplain by elevation and/or dimension from property line(s).
D. 
Aboveground and subsurface storage facilities:
(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 versus the as-built discharge rates from all stormwater management facilities.
E. 
Actual horizontal and vertical location of cartway center line versus right-of-way center line.
F. 
The coordinates for the GIS-compatible electronic copy shall be based on the Pennsylvania South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
6. 
The as-built plan shall include a certification of completion signed by the applicant's qualified licensed professional verifying that all permanent stormwater management BMPs have been constructed and are functioning in accordance with the requirements of the approved stormwater management site plan and specifications.
[Ord. No. 129, 9/3/2015]
1. 
The following connections are prohibited, except as provided in § 23-605, Subsection 3, below.
A. 
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.
B. 
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 Township.
2. 
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 § 23-605, Subsection 3, below; and
B. 
Discharges allowed under a state or federal permit.
3. 
The following discharges are authorized unless they are determined by the Township or PADEP to be significant contributors to pollution to the waters of this commonwealth:
A. 
Discharges from firefighting activities.
B. 
Potable water sources, including water line flushing.
C. 
Irrigation and landscape irrigation drainage.
D. 
Air-conditioning condensate.
E. 
Springs.
F. 
Water from crawl space pumps.
G. 
Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
H. 
Flows from riparian habitats and wetlands, diverted stream flows.
I. 
Uncontaminated water from foundations or from footing drains.
J. 
Lawn watering.
K. 
Dechlorinated swimming pool discharges.
L. 
Uncontaminated pumped groundwater, rising groundwater, and groundwater infiltration.
M. 
Water from individual residential car washing.
N. 
Routine external building wash down (which does not use detergents or other compounds).
4. 
In the event that the Township or PADEP determines that any of the discharges identified above significantly contribute to pollution of the waters of this commonwealth, the Township or PADEP will notify the responsible person(s) to cease the discharge.
[Ord. No. 129, 9/3/2015]
In the event that any person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued hereunder, the Township shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a reasonable time limit, for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not preclude the Township from pursuing any and all other remedies.
[Ord. No. 129, 9/3/2015]
1. 
The Supervisors are hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management site plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township.
A. 
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this chapter.
B. 
It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C. 
The Township may provide a limited time period for the owner to correct any violation. In these cases, the Township will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
D. 
Any approval or permit issued by the Township pursuant to this chapter may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved stormwater management site plan or operation and maintenance agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(3) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
E. 
A suspended approval may be reinstated by the Township when:
(1) 
The Township has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Township is satisfied that the violation has been corrected.
F. 
An approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
2. 
It shall be a violation of this chapter to commit any of the following acts:
A. 
To commence regulated activities prior to obtaining unconditional approval of a stormwater management site plan or in violation of the terms or conditions of a stormwater management site plan approved under this chapter.
B. 
To install, repair, modify or alter stormwater management facilities prior to obtaining approvals under this chapter or in a manner which violates the terms and conditions of any approval issued under this chapter.
C. 
To misuse or fail to maintain any stormwater management facility installed upon a property.
D. 
To construct any improvements upon, grade, fill, place any structure, landscaping or vegetation, or take any other action which will impair the proper functioning of any stormwater management facility without the written approval of the Township.
E. 
To place false information on or omit relevant information from an application for approval under this chapter.
F. 
To fail to comply with any other provisions of this chapter.
[Ord. No. 129, 9/3/2015]
1. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor, or any other person who commits, or knowingly and willfully performs, facilitates, or induces, any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.
2. 
The Township may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law.
3. 
The Supervisors may also take actions relating to suspension or revocation of permits set forth in Part 6.
[Ord. No. 129, 9/3/2015]
1. 
Any person aggrieved by any action of the Township or its designee may appeal to Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 401 et seq.
2. 
Any person aggrieved by any decision of Supervisors may appeal to the Lancaster County Court of Common Pleas within 30 days of that decision, in accordance with Article VII of the Local Agency Law, 2 Pa.C.S.A. § 701 et seq.
[Ord. No. 129, 9/3/2015]
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights or liability incurred, or any permit issued, or any approval granted, or any cause or causes of action existing prior to the enactment of this chapter.
[Ord. No. 129, 9/3/2015]
This chapter shall take effect and be in force five days after its enactment by the Supervisors of the Township of West Cocalico, as provided by law.