A.
Prior to final approval of the development site's stormwater management site 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, shall include:[1]
(1)
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.
(2)
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.
(3)
The operation and maintenance agreement shall be recorded as a restrictive deed covenant that runs with the land.
(4)
Identification of a responsible individual, corporation, association or other entity for operation and maintenance of temporary and permanent stormwater management and erosion control facilities.
(5)
The landowner, successor and assignees 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.
(6)
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.
(7)
The owner 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.
(8)
In the case of condominium and planned communities, separate agreements will be entered and be in a 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 Township 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.
(9)
The owner is responsible for the operation and maintenance of the stormwater management BMPs. If the owner fails to adhere to the operation and maintenance agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees shall result in a lien against the property.
(10)
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: The appendix is included as an attachment to this chapter.
B.
Maintenance responsibilities of stormwater management facilities shall include, but not be limited to, the following:
(1)
Regular inspection of the stormwater management facilities to assure proper implementation of BMPS, maintenance and care, as per § 286-34C.
(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 stormwater management facilities 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 PADEP Erosion and Sediment Pollution Control Manual.
(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 Township.
(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 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.
C.
Stormwater management BMPs inspections.
[Amended 9-15-2022 by Ord. No. 2022-5]
(1)
The landowner or the owner's designee (including the municipality 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:
(2)
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 municipality within 30 days following completion of the inspection.
D.
The Township reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any stormwater management facilities to the Township.
(1)
Where the Supervisors accept dedication of stormwater management facilities, the Supervisors may require the developer 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.
E.
Maintenance of existing 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 landowners.
(1)
Such maintenance shall include at a minimum those items above.
(2)
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.
(a)
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.
(b)
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.
(c)
The Township shall have the right to choose among the remedies and may use one or more remedies concurrently.
F.
The operation and maintenance agreement may be approved and executed, on behalf of the Township, by the Township Manager, the Zoning Officer, the Building Code Official or by another public official appointed from time to time by the Board of Supervisors.
[Added 8-18-2016 by Ord. No. 2016-2; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]