Article V Stormwater Drainage and Erosion Control

Peak discharge and runoff shall be computed using the soil-cover complex method as set forth in the latest edition of "Urban Hydrology for Small Watersheds Technical Release No. 55" as published by NRCS or the rational method or other methods as approved by the Township Engineer. If the rational formula is utilized, the design parameters shall be obtained from the following data:

Value of Coefficient "C" (per Act 167). Coefficient "C" used for calculation of runoff shall be used based on the anticipated ultimate use of the land.

Time of concentration. The time of concentration shall be the time which is takes to reach the location of the drainage facility to be designed and shall include overland flow time plus gutter flow time plus time of flow through pipes, culverts or natural streams.

Overland flow. Overland flow time shall be computed using a generally accepted chart or formula.

Velocity of flow in open channels.

The velocity of flow in open channels and in closed drains not under pressure shall be determined by Manning's equation.

Q = (1.486/n) AR^2/3S^1/2

Q	=	Flow in cubic feet per second
n	=	Coefficient of roughness
A	=	Cross-section areas of flow
R	=	Hydraulic radius
S	=	Slope in feet per foot

The coefficient of roughness, "n," shall be as follows unless otherwise approved by the Township Engineer.

Manning "n" Values by Typical Reach Description
Reach Description	Manning "n"
Natural stream, clean, straight, no rifts or pools	0.030
Natural stream, clean, winding, some pools and shoals	0.040
Natural stream, winding, pools, shoals, stony with some weeds	0.050
Natural stream, sluggish with deep pools and weeds	0.070
Natural stream or swale, very weedy or with timber underbrush	0.100
Concrete pipe, culvert or channel	0.012
Corrugated metal pipe	0.012 to 0.027*
HDPE or PVC pipe	0.011 to 0.017*

*	Depending upon type and diameter.

Permissible stream velocities in open channels. The permissible stream velocities to be used in open channel are as follows:

Material Allowable	Velocity (fps)
Well-established grass on good soil:
Short pliant bladed grass	5 to 6
Bunch grass, soil exposed	2 to 3
Stiff stemmed grass	2 to 3
Earth without vegetation:
Fine sand or slit	1 to 2
Ordinary firm loam	2 to 3
Staff clay	3 to 5
Clay and gravel	4 to 5
Coarse gravel	4 to 5
Soft shale	5 to 6
Other:
Bituminous or cement stabilized channels	6
Paved channels	10 to 15

Methods of stormwater runoff detention, retention and control.

The following is a listing of detention, retention and stormwater control methods [best management practices (BMPs)] which may be utilized in stormwater management systems, if appropriate. The choice of control techniques is not limited to the ones appearing on this list. Additional information on BMPs and the use of combined methods are included in the Pennsylvania Handbook of Best Management Practices for Developing Area (PA Assoc. of Conservation Districts, PADEP and CH2M Hill, 1998).

Detention basins or retention facilities.

Rooftop storage.

Parking lot and street pounding.

Seepage pits, seepage trenches, porous pipes or other infiltration structures.

Porous pavement and concrete lattice block surfaces.

Grassed channels and vegetated strips.

Cisterns and underground reservoirs.

(h)

Routed flow over grass (flow spreaders).

(i)

Decreased impervious area coverage.

A combination of various methods may be used and tailored to meet the particular requirements of the type of development and the topographic features of the project area.

Other methods. The use of other control methods, which meet the criteria in the above sections, will be permitted when approved by the Township Engineer.

§ 298-30 Criteria.

Stormwater rate and quality.

Discharge; detention.

There shall be no increase in the peak rate of stormwater discharge from any activity covered by this chapter other than would have occurred from the land prior to the activity, using predevelopment conditions as the prior condition. The peak release rate of stormwater from detention facilities shall be as per the release rate criteria in the Martins/Jacoby Act 167 Watershed Plan.

However, in areas designated as "no detention area" in the Martins/Jacoby Act 167 Watershed Plan, there shall be a calculation of available downstream capacity. If adequate capacity exists, no detention should be implemented; if adequate capacity does not exist, a 100% release rate should be implemented.

Stormwater detention or retention shall be supplied for all proposed major subdivision campgrounds and mobile home parks where at least 500 linear feet of new road is proposed, all multifamily dwelling development, and all commercial and industrial sites having greater than 3,500 square feet of impervious areas (roofs, parking, etc.). If the proposed commercial or industrial area is adjacent to an existing commercial lot/parcel with at least 3,500 square feet in impervious area, the adjacent lot/parcel shall be included in the summation.

Major subdivisions; campgrounds; mobile home parks. Detention/retention/infiltration structures proposed for major subdivisions, campground and mobile home parks shall be designed to reduce the peak rate of stormwater runoff to the peak rate of stormwater runoff which would occur at predevelopment conditions for the ten-year, twenty-four-hour design storm, (NRCS Type II distribution).

Multifamily dwellings. In a multifamily development where the units are located in the same local watershed, as the designated open space, the stormwater detention facilities shall be designed on the ten-year, twenty-four-hour design storm (NRCS Type II rainfall distribution). Where the designated open space is located in a different local watershed from the proposed units, the stormwater detention facilities shall be designed on the twenty-five-year, twenty-four-hour design storm.

Commercial/industrial areas. Stormwater detention facilities for commercial/industrial areas with greater than 3,500 square feet but less than 40,000 square feet of impervious area shall be designed to reduce the peak rate of discharge back to predevelopment conditions for the 2.33-year and ten-year design storms. Commercial/industrial areas with over 40,000 square feet of impervious area shall have detention facilities designed on the 2.33-year and twenty-five-year designs.

In the event a facility is offered for dedication to (and accepted by) the Township, the applicant shall post security, acceptable under the MPC[1] and approved by the Township Solicitor, that will maintain such facility in perpetuity including, inter alia, facility maintenance, repair or replacement.

Editor's Note: See 53 P.S. § 10101 et seq.

Other areas. The Township has the right to require stormwater detention facilities at other sites not included on the above, if they feel such facilities are warranted.

More stringent requirements. If the Township feels that more stringent design criteria is applicable for a site due to existing drainage problems, flooding, etc., they may require that the stormwater control facilities be based upon a more stringent design criteria.

Design requirements. All stormwater runoff detention control shall be designed by a person qualified and/or experienced in the design of such structures. The required storage may be accomplished by detention; retention or infiltration basins; rooftop storage; cistern, french drains and grassed parking lot swales (where the soil is suitable); or other stormwater absorption facilities.

Detention and retention basins and facilities. The following list of general structural criteria shall be used by Upper Mount Bethel Township to aid in the review of a proposed stormwater detention or retention basin and facilities. Due to the uniqueness of each stormwater detention basin and the variability of soil and other site conditions, these criteria may be modified or appended at the discretion of the Township Engineer, where warranted. The following list of general requirements pertaining to the proposed detention or retention basin shall be met.

The basin is to be sodded or topsoiled and seeded, including the bottom, side slopes, and all earthen dams and embankments.

Suitable lining shall be required at all points of inflow to the basin where erosion or scour may occur.

An easement to allow maintenance and repair of the basin, pond, outlet areas and overall facility shall be established around all basins to be maintained. The limits of such easements shall be 15 feet from the outside toe of all dams and embankments and the top of all pond side slopes and shall be connected to a public street. Basins not having direct access to a public street shall have a twenty-five-foot wide usable access easement to a public street for purpose of maintenance and repair.

The design dimensions of the basin shall be maintained throughout construction unless it is to be used as a siltation basin during construction in the watershed. If so, it shall be immediately returned to design dimensions following the completion of such construction.

Runoff from areas uphill or upstream from the development site may be passed across the development site without detention or storage. If it is more convenient, part or all of such water may be passed through the detention means described above, and an equal amount of water that originates on the site may be passed downhill or downstream. If any such upstream water enters a basin there shall be increased storage capacity accordingly. This exchange of water is permitted only if the site runoff is not more polluted than the detained runoff from uphill or upstream. The intention is to require retention.

The inlet shall enter at the opposite end of the basin, if possible. The basins shall have a minimum bottom slope of 2% towards the primary outlet to assure positive drainage and prevent saturated condition, swampy conditions and maintenance problems, lot flow channels may be required to convey small inflows to the basin outlet.

Inside slopes shall be a maximum of five feet horizontal to one foot vertical. All outside slopes shall have a maximum slope of five feet horizontal to one foot vertical. There shall be an access ramp into the basin, having a maximum slope of 8:1.

(8)

Basins greater than three feet deep shall have a four-foot-high fence around the entire perimeter. The fence shall be constructed with chain-link and metal posts with the fencing design to keep adults, children and animals out of the basin and facilities. The fence to be constructed and completed within 30 calendar days of final approval of the stormwater management plan. A gate shall be supplied to allow access to the basin for maintenance or repair. This gate shall have a lock installed thereon and this lock shall be engaged at all times to prevent access except when authorized for maintenance or repair.

[Amended 1-26-2009 by Ord. No. 2009-01]

(9)

The runoff entering the basin will result in the accumulation in the basin of considerable amounts of sediment, including particulate polluting substances and debris. Provision must be made for periodic removal of accumulated solid materials. Computations for storage capacity shall include estimates for one year's accumulation of solid materials.

(10)

Responsibility for operation and maintenance of the facilities installed, including periodic removal and disposal of accumulated particulate material and debris, unless assumed by a governmental agency, shall remain with the owner of the property and shall be passed to any successor owner. In the case of development where lots are to be sold, permanent arrangements satisfactory to the municipal engineer and the municipal solicitor shall be made to ensure continued performance of these obligations.

(11)

In many instances, the provisions of separate facilities for a number of single sites may be more expensive and more difficult to maintain than provision of joint facilities for a number of sites. In such cases, the municipality will be willing to consider provisions of joint facilities, which will fulfill the requirements of this chapter. In such cases, a properly planned staged program of facilities may be approved by the municipality in which compliance with some requirements may be postponed at early stages, while preliminary phases are being undertaken and construction funds accumulated.

(12)

Safety ledges shall be constructed on the side slopes of all basins having a permanent pool of water. The ledges shall be four feet to six feet in width and located approximately 2 1/2 feet to three feet below and one foot to 1 1/2 feet above the permanent water surface. Side slopes shall conform to § 298-30C(7).

(13)

Where the project consists of more than one phase, the stormwater control facilities shall be designed so that the rate of runoff for the ultimate build-out condition will be no greater after development than before development. However, in areas designated as "no detention area" in the Martins/Jacoby Act 167 Watershed Plan, there shall be a calculation of available downstream capacity. If adequate capacity exists, no detention should be implemented; if adequate capacity does not exist, a 100% release rate should be implemented. The outlet structure may have to be modified for the first phase. The stormwater basin shall be constructed prior to the construction of the first phase.

(14)

A sedimentation and erosion control plan and narrative shall be developed for the basin and submitted to the Northampton County Conservation District for review. This plan may be included in the erosion and sedimentation control plan for the site. An approved plan must be obtained before construction can commence.

A drainage covenant agreement shall be added to the plan as per Appendix A, A.5, hereof.[2]

[2]

Editor's Note: Appendix A is included as an attachment to this chapter.

(15)

Outlets.

All basins shall have, at a minimum, a primary outlet used to control the design storm and an emergency spillway to safely convey the 100-year design storm. The emergency spillway shall be constructed in undisturbed virgin soil and stabilized accordingly. If placement of the emergency spillway in berm or fill cannot be avoided, the spillway shall be suitably lined with mortared riprap. The maximum permissible velocity for the outlet shall be based upon § 298-29C. All outlets must exit to an existing swale, stream, culvert or watercourse or be discharged into a level spreader; and quantity velocity and direction of flow shall be managed to protect health and property from possible injury. Outlets shall be designed to function without manual, electric or mechanical controls.

Maximum velocities in emergency spillways shall be determined based on the velocity of the peak flow in the spillway resulting from the routed Emergency Spillway Hydrograph. Where maximum velocities exceed those contained in § 298-29C, suitable lining shall be provided.

(16)

Dams and embankments.

The minimum top widths of all dams and embankments are listed below.

Height (feet)	Top Width (feet)
0 to 12	10
12 to 18	12
18 to 25	14

The design top elevation of all dams and embankments, after all settlement has taken place, shall be equal to the maximum water surface elevation in the basin resulting from the routed 100-year storm, plus six inches. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to insure that the design top elevation will be maintained following all settlement. This increase shall not be less than 5%.

All earth fill shall be free from brush, roots, and other organic material subject to decomposition.

The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum density obtained from compaction tests performed by the appropriate method in ASTM D69.

If a PADEP dam permit is required, all criteria for that permit must be met. Further, perforated risers, staggered orifices, V-notch weirs, or other outlet structures as approved by the Township Engineer may be required for outlet control.

All detention basins shall be designed with an emergency spillway.

All stormwater detention facilities shall provide a minimum 1.0-foot freeboard above the maximum pool elevation association with the two-year through twenty-five-year runoff events. An emergency spillway shall be designed to pass the 100-year runoff event with a minimum 0.5-foot freeboard.

[2]

The downstream slope of the spillway shall as a minimum extend to the toe of the berm embankment. The edge of the basin grading shall be within the subject property.

[3]

All detention basin outflow structures shall be designed with trash racks over the outflows.

The emergency spillway and the outfall of the detention basin shall be lined with mortared riprap and shall meet requirements of PennDOT Publication 408.

(h)

Outfall. Where no existing point of concentration exists, the outfall from a detention basin shall not discharge closer than 30 feet from the adjoining property line, unless permission is given, in writing, by said adjacent property owner.

(i)

Where discharge from the detention basin is to be spread into sheet flow, the allowable flow shall be determined by the predevelopment flow rate for a two-year storm, across the length of the spreader.

(j)

Antiseep collars and a cutoff trench shall be required on basins having a berm height exceeding five feet. Watertight antiseep collars shall be installed around the discharge pipe at intervals not to exceed 24 feet or as approved by the Township Engineer. Such collar shall extend a minimum of two feet beyond the outside of the pipe.

(k)

Where, in the opinion of the Township Engineer, soil permeability is low, an area just preceding the outlet structure, representing 25% of the basin flow area or 1,200 square feet, whichever is smaller, shall be excavated to a minimum depth of 22 inches, filled with minimum eighteen-inch depth of No. 3A (or larger) aggregate, covered with four-inch depth topsoil and seeded or sodded.

(l)

Basins not having direct access to a public street shall have a twenty-five-foot wide, usable access easement to a public street for the purpose of maintenance and repair.

(m)

The design engineer shall certify, in writing, that the operation of the detention facility will not significantly increase downstream peaking conditions.

(n)

For the purpose of this section, a retention basin shall be required to meet the same standards as a detention basin.

(o)

A detention basin with a basin depth of greater than 20 inches shall be screened from view of existing dwellings, a residential zoning district, or a public street. Any required screening shall meet the buffer yard standards of Chapter 350, Zoning, of the Code of the Township of Upper Mount Bethel, unless the Board of Supervisors approve an alternate landscaping arrangement that serves the same purposes. This landscaping shall not be required along an area where natural vegetation will be maintained that will completely fulfill this purpose.

(p)

All outflow structures from storage facilities shall be equipped with a regulatory device that will permit modification to regulate the amount of outflow. Suitable antivortex and/or velocity retarders shall be used.

Entrances to stormwater pipes, including outflow pipes in detention basins, shall have childproof grates or similar devices.

(q)

Retention basins. Aeration devices may be required, dependent upon the quality of the influent and detention time.

(17)

Floodplains. No detention basin or retention facilities shall be located within the 100-year floodway. Construction of basins or facilities within the flood fringe or general floodplain area shall be avoided, where possible, but where unavoidable, the situation shall be examined for its functionally and supporting documentation submitted to the Township for review.

(18)

Routings. All detention basin routings will be performed using acceptable routing methods. Selected time increments will be of short enough duration to allow reasonable approximation of the inflow.

(19)

Stream side easement. Where a subdivision is traversed by a watercourse there shall be provided a drainage easement conforming substantially to the line of such watercourse, and of at least 25 feet to each side of the stream from that stream bank or such additional width as will be adequate to preserve the unimpeded flow of natural drainage.

Erosion and sedimentation. All land disturbance activities shall be conducted in such a way as to minimize accelerated erosion and resulting sedimentation. Measures to control erosion and sedimentation shall, at a minimum, meet the standards of the Conservation District and Chapter 102, Erosion and Control, of Title 25 of the Pennsylvania Code, rules and regulations of the Pennsylvania Department of Environmental Protection and § 298-31C of this Chapter 298, Subdivision and Land Development. Erosion and sedimentation control is an important aspect of stormwater management since the deposition of sediment in watercourses increases flood levels, reduces the water carrying capacity of watercourses and destroys the biological balance in streams.

Construction standards.

Standards. Construction and materials of storm drainage and control facilities (including pipes) and erosion control facilities shall be in accordance with the approved plans and any accompanying specifications. The construction details and standards of the following publications, or their successor publications, in their most recent revision shall be used:

"County Erosion and Sedimentation Control Handbook."

PennDOT Form 408, Specifications.

PennDOT RC Series, Roadway Construction Standards.

In cases where the above documents conflict with Township specifications, the Township's specifications shall supersede, except in areas of PennDOT jurisdiction.

Pipe materials. All pipe materials shall meet PennDOT standards. Drainage pipes may be constructed out of corrugated metal, aluminized corrugated metal, corrugated polyethylene plastic, bituminous coated corrugated metal or reinforced concrete, or closely similar materials preapproved by the Township Engineer. However, only reinforced concrete shall be used for drainage pipes under the structure of streets, unless a material with similar characteristics is determined to be acceptable by the Township Engineer. Minimum pipe diameter shall be 18 inches.

Open pipe ends must be fitted with concrete end walls, prefabricated end sections, riprap and/or energy dissipaters, as deemed appropriated by the Township Engineer.

Drainage pipes shall have a minimum slope of 0.5%, and drainage swales shall have a minimum slope of 1%. As a minimum, the tops of all pipes shall be at the same elevation when changing pipe sizes.

Manholes or inlets [NOTE: inlet capacities shall be determined with a 0.2-foot sump (head) and a clogging factor of 0.7] shall be used at all changes in horizontal alignment, at changes of vertical grade and at all pipe intersections. No run of pipe shall exceed 400 feet in length without appropriated measures to allow cleanout or inlets. Trash racks shall be placed on all stormwater entrance structures. Inlets shall be provided wherever stormwater runoff is carried along roadside swale exceeding 600 feet in length or where flow depth exceeds three inches.

Bridges and culverts shall meet PennDOT Construction Standards. DEP shall be contacted to determine if a dams and waterways permit is required.

Grating. Appropriate safety grates shall be attached to all catch basins, stormwater inlets, pipe openings and other stormwater receiving structures, as needed, to ensure that maximum openings do not exceed 25 square inches. Along streets and pedestrian areas, bicycle safe grates shall be used as needed.

(8)

Storm sewer outfall. Storm sewer outfalls shall be designed, with respect to the elevation of the invert or other features, so that when the receiving watercourse is within a twenty-five-year storm the storm sewer will continue to drain the area it is designed to serve.

(9)

V-shaped swales shall not be permitted.

§ 298-31 Plan requirements.

General requirements. Prior to the preliminary approval of subdivision and/or land development plans, or the issuance of any permit, or the commencement of any land disturbance activity, the owner, applicant, developer, or his agent shall submit a stormwater management site plan to the municipality for approval.

Although these hereinafter listed activities are exempt from the plan preparation requirements of the stormwater management requirements; they must otherwise manage stormwater in the manner specified in this chapter. The Township reserves the right to void the exemption and require a stormwater management site plan be submitted, should they feel the circumstances warrant special attention. The following activities are specifically exempt from the plan preparation provisions of this chapter.

Land disturbance associated with existing single- and two-family dwellings.

Use of land for gardening for home consumption.

Agriculture, when operated in accordance with a conservation plan or erosion and sedimentation control plan prepared by the Conservation District.

Forest management operations, which are following the PADEP's management practices in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an erosion and sedimentation control plan.

Plan contents. The following items, where appropriate, shall be included in the plan:

General description of project.

General description of erosion and sedimentation controls.

General description of stormwater controls both during and after development.

Expected project time schedule, including anticipated start and completion dates.

Training and experience of person(s) preparing the plan.

Map(s) of the project area showing:

The locations of the project relative to highways, municipalities or other identifiable landmarks.

Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

Streams, lakes, ponds or other bodies of water within the project area, or which will be affected by runoff from the project.

The 100-year floodplain and floodway.

Property boundaries, existing and proposed.

Easements and adjoining property owners.

Existing structures, roads, paved areas, and buildings and land disturbances.

(h)

Other physical features including existing drainage swales and areas of natural vegetation to be preserved.

(i)

Locations of proposed underground utilities, sewers and water lines.

(j)

Soil types and boundaries.

(k)

Proposed changes to land surface a vegetative cover.

(l)

Areas to be cut or filled.

(m)

Limits of disturbed areas.

(n)

Proposed structures, including detention facilities, roads, paved areas, buildings, and land disturbances.

(o)

Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

Erosion and sedimentation controls.

The staging of all earthmoving activities must be described, including cuts and fills and streets, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational areas, other structures, etc.

The type, location and extent of all erosion and sedimentation control measures must be shown on the plan and described with detailed drawings including all calculations, assumptions and criteria used in designing the controls, and a schedule for the implementation.

(8)

Stormwater management controls. All temporary and permanent stormwater management controls must be shown on a map and described, including:

Groundwater recharge methods such as seepage pits, beds, or trenches. When these structures are used, the locations of septic tank infiltration areas and wells must be shown.

Other control devices or methods such as rooftop storage, semipervious paving materials, grass swales, parking lot paving, vegetated strips, detention or retention ponds, storm sewers, culverts, etc.

Areas subject to special deed restrictions affecting or affected by stormwater management.

Easements and rights-of-ways to proposed stormwater controls.

Schedule for installation of the control measures and devices.

All calculations, assumptions, and criteria used in the design of the control device or method must be shown.

Existing and proposed drainage areas including on-site and contributing off-site boundaries.

(9)

Maintenance program. Maintenance programs for all stormwater management control facilities must be included for both the construction period and after construction is complete, including responsible party. This program must include the proposed ownership of the control facilities and detail for financial responsibility for any required maintenance.

Plan submission.

The plan and appurtenances shall be submitted as required in this chapter.

The plan shall be accompanied by the requisite fee.

Five copies of the completed plan must be submitted.

Five copies of the stormwater management and land disturbances permit application as supplied by the Township.

Plan approval.

The municipality shall forward a copy of the plan to the Lehigh Valley Planning Commission and the Conservation District for review.

The municipal engineer and planning commission shall review the plan and comments from the Conservation District and Lehigh Valley Planning Commission and shall recommend whether the plan be approved or disapproved.

Disapproval shall contain the reasons for disapproval and a listing of the plan deficiencies.

Failure of the municipality to render a decision within a ninety-day time limit shall be deemed an approval.

Modification of plans. A modification to an approved stormwater management site plan which involves a change in control methods or techniques, or which the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the approved application (as determined by the Township Engineer), shall be approved under the procedures contained in this chapter. The Township shall notify the applicant when such plan modification is required.

Drainage covenant. Where applicable, the developer or landowner shall enter into a drainage covenant agreement with the Township which covenant shall be noted on the plan. The form of the covenant is found in Appendix A, A.5, of this chapter.[1]

§ 298-32 Permit requirements and procedures.

Editor's Note: Appendix A is included as an attachment to this chapter.

Permit requirements. All land disturbance activities as specified in this chapter, except those specifically exempt from permit requirements, shall be conducted only after the issuance of a stormwater management and land disturbance permit.

Land disturbance activities as part of a subdivision or land development. The applicant shall obtain the required stormwater management and land disturbance permit after obtaining the required plan approval as specified in this chapter. This stormwater management and land disturbance permit will be issued by the municipality concurrently with preliminary subdivision and land development approval.

Other land disturbance activities. The applicant shall obtain the required stormwater management and land disturbance permit after obtaining the required plan approval as specified in this chapter. This permit will be issued by the municipality when the plan is approved.

Modification of plans.

This chapter provides a mechanism to handle major modifications of plans. A new permit would be required under this circumstance.

A modification to an approved stormwater management site plan, when required under this chapter, shall require a new land disturbance permit. A new permit and review process shall also be required where a revision was voluntarily made to the submitted plan by the owner, applicant, developer, or his agent.

Application for permit. All applications for permits required by this chapter shall be made on forms supplied by the municipality. Such an application shall provide a brief description of the stormwater management controls and the land disturbance activity. This application shall become part of the plan submission required by this chapter.

Expiration and renewal.

All stormwater management and land disturbance permits shall expire 24 months from the date of issuance unless construction is commenced prior to this date. The permits shall also expire if no work progresses for a period of 24 consecutive months.

A renewal of an expired land disturbance permit may be issued by the municipality following a resubmission of the permit application form and its approval by the Township Engineer.

The refusal of the municipality to reissue an expired stormwater management and land disturbance permit shall contain the reasons for such refusal.

Suspension and revocation.

Any permit issued under this chapter may be suspended or revoked by the municipality for:

Noncompliance with or failure to implement any provision of the permit.

A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.

The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, or which endangers the life or property of others.

A suspended permit shall be reinstated by the municipality when:

The municipal engineer has inspected and approved the corrections to the stormwater management control measure(s), or the elimination of the hazard or nuisance; and/or

The municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.

A permit, which has been revoked by the municipality, cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 298-33 Inspections.

Schedule of inspections. The Township Engineer or his designee shall inspect all phases of development of the site including, but not limited to:

Completion of preliminary site preparation including stripping vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.

Completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.

During construction of the permanent stormwater facilities at such times as specified by the municipal engineer.

Upon completion of permanent stormwater facilities, including established ground covers and plantings.

Upon completion of any final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.

This schedule shall be in addition to the Schedule of Inspection Milestones attached to this chapter as Appendix F.

No work shall begin on a subsequent stage until the proceeding stage has been inspected and approved by the Township Engineer.

It is the responsibility of the developer to notify the Township Engineer one week in advance of the start and the completion of each identified phase of development or construction.

Any portion of the work, which does not comply with the approved plans, must be corrected by the developer with 72 hours. No work may proceed on any subsequent phase of the stormwater management site plan, the subdivision or land development or building construction until the required corrections have been made.

If, at any stage of the work, the Township Engineer determines that the soil or other conditions are not as stated or shown in the approved application, he may refuse to approve further work and the Township may revoke existing permits until a revised plan is submitted and approved, as required by this chapter.

§ 298-34 Fees and expenses.

General. Land disturbance permit fees covering costs to the municipality for plan review, permit issuance and inspections shall be established by resolution of the municipality's governing body. No permit to begin any work on the project shall be issued until the requisite fees have been paid.

Modification of plans. If it is determined that a modification to the existing stormwater management site plan is required under this chapter, a new stormwater management and land disturbance permit shall not be issued until the additional fees have been paid by the applicant.

Expenses covered by fees. The fees payable by an applicant shall at a minimum cover:

The review of the stormwater management site plan.

The site inspection.

The inspection of required controls and improvements during construction.

The final inspection upon completion of the controls and improvements required in the plan.

§ 298-35 Financial guarantees and maintenance.

Any additional work required enforcing the permit provision, correcting violations, and assuring the completion of stipulated remedial actions.

Repair, maintenance and replacement by developer or private entity. In cases where stormwater management control facilities are owned by the developer or a private entity (such as a bona fide cooperative or homeowner's association), such developer or such entity shall be responsible for repair, maintenance and replacement of such facilities. In this case, a legally binding agreement in perpetuity (and acceptable to the Township Solicitor) between developer or the entity and the municipality shall be entered into providing for repair, maintenance, cleaning or replacement of all control facilities, and allowing inspection by the municipality of all such facilities deemed critical to the public health, safety and welfare at any reasonable time.

Repair, maintenance and replacement by individual lot owners. The provisions of § 298-35A shall also apply to individual lot owners who shall remain responsible for the stormwater management control facilities situate on the owned lot. Further, when stormwater management control measures are located on an individual lot, a description of the facility or system and the terms of the required maintenance shall be noted on the plan and shall be incorporated as part of the deed to the property.

Financial guarantees. If the municipality determines at any time that any portion of (or all of) the stormwater management control facility has been eliminated, altered or improperly repaired, replaced or maintained, the entity or owner of the property shall be advised, in writing, by the Township of corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the entity or property owner, the Township may perform such work as may be necessary to bring the facility into compliance at the entity's or owner's expense. The entity or owner shall be liable and charged for all expenditures (time, labor and materials) incurred by the Township plus any costs (including administrative expenses and engineering fees) and reasonable attorneys' fees. Witness costs and court costs incurred shall also be the responsibility of the owner if a municipal lien or suit is filed.

For a period of five years after the completion of the construction of the stormwater management control facility(ies), the developer [even if the facility(ies) will be owned by a private entity or lot owner] shall post with the Township security in an amount equivalent to 20% of the facility construction costs. This security shall be in the manner and form as other security is required in § 298-37B of this chapter and acceptable to the Township Solicitor and Board of Supervisors. This security shall be utilized by the Township if the developer (private entity or lot owner) fails to maintain, clean, repair or replace the facility at any time during the five-year period. At the end of the five-year period, any unused portion of said security shall be returned to the developer (with accrued interest, if any). This provision is not intended to imply that the facility will be dedicated to the Township at the end of the five-year period, as the facility shall remain the sole responsibility of the developer, entity or lot owner as shall be noted on the plan.