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:
(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.
(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)]
A. 
A financial security (bond, restricted account or letter of credit) for stormwater related improvements shall be supplied by the 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.
B. 
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 Article 5 of the MPC.
C. 
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.
D. 
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.
E. 
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.
A. 
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 Article III, Plan Processing Procedures.
B. 
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.
A. 
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.
B. 
The requirements for the as-built plan shall be developed by the professional responsible for the preparation of the stormwater management site plan.
C. 
The as-built plan requirements shall be submitted to the Township for review and approval during the preparation of the stormwater management site plan.
D. 
The as-built plan requirements shall be shown on the approved stormwater management site plan.
E. 
In addition to any requirements required by Chapter 295, Subdivision and Land Development, the as-built plan shall include the following:
(1) 
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.
(2) 
The actual horizontal and vertical location and cross section(s) of all designed swales and their location in reference to any accompanying easements.
(3) 
Actual location of floodplain by elevation and/or dimension from property line(s).
(4) 
Aboveground and subsurface storage facilities:
(a) 
Actual contours of the stormwater management facility.
(b) 
Actual outlet structure details, including type, size and inverts of outlet pipes.
(c) 
Actual elevation of the embankment and emergency spillway.
(d) 
A table showing the stage/storage/discharge curve for the constructed conditions.
(e) 
A table providing a comparison of the approved design vs. the as-built discharge rates from all stormwater management facilities.
(5) 
Actual horizontal and vertical location of cartway center line versus right-of-way center line.
(6) 
The coordinates for the GIS compatible electronic copy shall be based on the PA South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
F. 
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.
A. 
The following connections are prohibited, except as provided in § 286-38C.
(1) 
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.
(2) 
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.
B. 
No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except:
(1) 
As provided in § 286-38C; and
(2) 
Discharges allowed under a state or federal permit.
C. 
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 9-15-2022 by Ord. No. 2022-5]
(1) 
Discharges or flows from firefighting activities.
(2) 
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).
(3) 
Noncontaminated irrigation water, water from lawn maintenance, landscape drainage and flows from riparian habitats and wetlands.
(4) 
Diverted stream flows and springs.
(5) 
Noncontaminated pumped groundwater and water from foundation and footing drains and crawl space pumps.
(6) 
Noncontaminated HVAC condensation and water from geothermal systems.
(7) 
Residential (i.e., not commercial) vehicle wash water where cleaning agents are not utilized.
(8) 
Noncontaminated hydrostatic test water discharges if such discharges do not contain detectable concentrations of TRC.
D. 
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.
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.
A. 
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.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Any approval or permit issued by the Township pursuant to this chapter may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of the approved stormwater management site plan or operation and maintenance agreement.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(c) 
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.
(5) 
A suspended approval may be reinstated by the Township when:
(a) 
The Township has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The Township is satisfied that the violation has been corrected.
(6) 
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.
B. 
It shall be a violation of this chapter to commit any of the following acts:
(1) 
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.
(2) 
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.
(3) 
To misuse or fail to maintain any stormwater management facility installed upon a property.
(4) 
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.
(5) 
To place false information on, or, omit relevant information from an application for approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
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.
C. 
The Supervisors may also take actions relating to suspension or revocation of permits set forth in Article VII, Administration.
D. 
Any additional costs incurred by the Township as a result of work required by the Municipal Solicitor, engineer or staff to enforce any provisions regulated by this chapter, correct violations, and assure proper completion of stipulated remedial actions shall be charged to the owner, agent, lessee, or contractor or other person in violation of this chapter.
[Added 9-15-2022 by Ord. No. 2022-5]
A. 
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. § 501 et seq.
B. 
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 Chapter 7 of Local Agency Law, 2 Pa.C.S.A. § 701 et seq. the Local Agency Law.
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.
This chapter shall take effect and be in force five days after its enactment by the Supervisors of the Township of Rapho, as provided by law.