No regulated earth disturbance activities within the Township shall commence until approval by the Township of a BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.
A. 
The maintenance of permanent stormwater management facilities shall be provided in accordance with the requirements of this chapter and Chapter 145, Subdivision and Land Development, except as may otherwise be approved by way of a specific agreement with the Township Council. The stormwater management facilities operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent portions of the storm drainage system, as follows:
(1) 
Single-entity watershed.
(a) 
In all cases where the stormwater management facilities are designed to manage runoff from property in an ownership, as defined below, the maintenance responsibility for these facilities shall be with the single-entity owner. For subdivision and land developments, the owner shall enter into an agreement with the Township which specifies that the owner will properly maintain, repair and reconstruct the stormwater management facilities consistent with accepted practice, as determined by the Township Engineer. The agreement shall provide for regular inspections by the Township or its designee and contain such provisions, as necessary, to ensure timely correction of any maintenance deficiencies by the single-entity owner. A "single entity" shall be defined as an individual, association, public or private corporation, partnership firm, trust, estate or any other legal entity empowered to own real estate.
(b) 
Stormwater management facilities, including but not limited to infiltration practices and stormwater runoff collection and conveyance systems, as described herein, shall be continually maintained, repaired, reconstructed, and used by the property owner for the purpose intended. The property owner shall not discharge any substance into these facilities other than stormwater. Disconnection, improper use, improper maintenance or abandonment and nonuse of these facilities shall be considered and is, in fact, a violation of this chapter.
(2) 
Multiple property watershed.
(a) 
In cases where the watershed contributing stormwater runoff to a stormwater management facility is or will be in multiple ownership (i.e., separate owners of various portions of the watershed), the owner shall dedicate the permanent stormwater management facilities to the property owner who will own and maintain these facilities, consistent with the ownership and maintenance provision of the drainage plan. For subdivision and land developments, the owner shall enter into an agreement with the Township which specifies that the owner will properly maintain, repair, and reconstruct the stormwater management facilities consistent with accepted practice, as determined by the Township Engineer. The agreement shall provide for regular inspections by the Township or its designee and contain such provisions, as necessary, to ensure timely correction of any maintenance deficiencies by the owner. An owner shall be defined as an individual, association, public or private corporation, partnership firm, trust, estate or any other legal entity empowered to own real estate.
(b) 
Stormwater management facilities, including but not limited to infiltration practices and stormwater runoff collection and conveyance systems, as described herein, shall be continually maintained, repaired, reconstructed, and used by the property owner for the purpose intended. The property owner shall not discharge any substance into these facilities other than stormwater. Disconnection, improper use, improper maintenance or abandonment and nonuse of these facilities shall be considered and is, in fact, a violation of this chapter.
(3) 
For stormwater management facilities, including infiltration practices constructed in an existing or proposed public road or immediately adjacent thereto, as described in this chapter and/or Chapter 145, Subdivision and Land Development, the Township may, at the sole and absolute discretion of the Township Council, assume responsibility for all or a portion of the stormwater management facility. If specific stormwater management facilities are considered for dedication to the Township, or acceptance by the Township, for long-term maintenance, the following regulations shall apply:
(a) 
Stormwater runoff collection and conveyance facilities, such as inlets, manholes, piping and headwalls, shall be considered for acceptance if they accept and/or convey stormwater runoff from public land, such as public roads or public parks. Such stormwater management facilities must be located within lands dedicated in fee simple to the Township or in drainage easements specifically dedicated to the Township.
(b) 
Detention facilities and infiltration practices including necessary outlet control structures, fencing, landscaping and/or subsurface improvements shall be considered for acceptance if they accept and/or manage and/or infiltrate stormwater runoff from public land such as public roads or public parks. Such facilities must be located within lands dedicated in fee simple to the Township and on land parcels that meet the following minimum criteria:
[1] 
The property dedicated must front on a public road and be provided with an access driveway and off-street parking for two vehicles. Such driveway and parking area shall be improved to meet minimum Township standards and Chapter 145, Subdivision and Land Development.
[2] 
The property dedicated must meet the minimum lot size and dimensional criteria of Chapter 180, Zoning, of the Code of Lower Saucon Township for the zoning district in which the property is located.
[3] 
The property dedicated must be provided with sufficient buffer and setback to meet the regulations of this chapter and provide a minimum setback of 20 feet between any property boundary line and any earthmoving that is required for the construction and/or maintenance of any proposed detention basin and/or infiltration practice.
[4] 
The property dedicated must be improved with the driveway and parking area and with topsoil, raking, seeding and grass meeting the minimum standards of Pennsylvania Department of Transportation Publication Form 408 for roadside restorations with grass. This criteria may be waived to the extent that portions of the property may be already stabilized in a wooded condition and that such wooded condition is undisturbed as part of the construction of the facilities for improvements.
[5] 
The owner proposing the dedication of these facilities shall provide financial resources to the Township to compensate for all or a portion of the cost that the Township would be incurring in the long-term operation and maintenance of the dedicated property and stormwater management facilities thereon. This financial resource shall be in the form of a cash payment in the minimum amount of $69,800 per acre of dedicated land. This minimum amount is established by this chapter, but can be modified by resolution of the Council, as necessary, to reflect actual long-term costs of maintenance of the detention basin facilities and properties.
[6] 
The owner proposing the dedication of infiltration practices shall provide financial resources to the Township to compensate for all or a portion of the cost that the Township would be incurring in the long-term operation and maintenance of said structures. This financial resource shall be in the form of a cash payment in the minimum amount of $9,665 per structure. This minimum amount is established by this chapter, but can be modified by resolution of the Council, as necessary, to reflect actual long-term costs infiltration practice facilities and properties.
B. 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the storm drainage system.
C. 
Operation and maintenance fund.
(1) 
Persons installing stormwater BMPs shall be required to pay a specified amount to the Township Stormwater BMP Operations and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(a) 
If the BMP is to be privately owned and maintained, the amount shall cover the cost of periodic inspections by the municipality in perpetuity, as determined by the Township;
(b) 
If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operation and maintenance in perpetuity, as determined by the Township; and
(c) 
The amount shall then be converted to present worth of the annual series values.
(2) 
If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Township may adjust the amount due accordingly.
It shall be unlawful to alter or remove any permanent stormwater management facilities required by an approved stormwater management facilities operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved stormwater management facility operations and maintenance plan unless an exception is granted in writing by the Township.
A. 
The property owner shall sign an operations and maintenance agreement with the Township covering all portions of the storm drainage system that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix E[1] of this chapter.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B. 
Other items may be included in the agreement where determined by the Township to be reasonable or necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater management facilities. The agreement shall be subject to the review and approval of the Township.
C. 
The property owner is required to provide an annual written inspection report for all BMPs to the Township.
A. 
Private stormwater easements shall be provided by the owner if the operation, maintenance, repair, restoration and replacement responsibilities have been assigned to a person other than the owner. The purpose of the easement shall be specified in any agreement in accordance with § 137-36.
B. 
An easement shall be dedicated to the Township on and a minimum 10 feet wide around any proposed stormwater management facility with the exception of individual household infiltration practices.
C. 
Stormwater easements shall be dedicated to the Township along all natural or man-made streams and watercourses within a subdivision or land development. These easements should be of sufficient width to convey a 100-year design storm, assuming the upstream drainage basin to be fully developed. Easements shall also be provided where storm drainage swales, culverts or other structures traverse, enter or discharge onto private property. On private property, the entire easement area and fencing and landscaping (if any) shall be operated, maintained, repaired, restored and, if necessary, replaced by the owner. All easements shall be of sufficient width to reconstruct the stormwater management facilities contained within the easement. The Township shall not operate, maintain, repair, restore or replace any improvements within that easement unless such responsibility is specifically accepted by resolution.
(1) 
If stormwater runoff from public roads or public lands crosses through the easement, the Township may, at its sole discretion, upon satisfactory installation of improvements as specified in a developer's improvement agreement and maintenance agreement, and/or separate easement agreement, operate, maintain, repair, restore, and (if necessary) replace only the specific structural stormwater management improvements within the easement listed below:
(a) 
Piping.
(b) 
Inlets, manholes and junction boxes.
(c) 
Outlets and headwalls.
(d) 
Energy dissipation structures.
(e) 
Detention basin outlet control structures.
(f) 
Infiltration system.
(2) 
The landowner shall be responsible for all other operation, maintenance, repairs, restoration and replacements within this easement. For example, the landowner must:
(a) 
Mow the lawn.
(b) 
Officially maintain, repair, restore or replace detention and/or retention areas, and detention and/or retention facilities.
(c) 
Repair or replace fencing.
(d) 
Repair or replace landscaping, including special wetland plants or other vegetation specifically approved for the plan.
(e) 
Keep the area free of obstructions, structures, vegetation or accumulated sediment that may block or hinder the function and purpose of the stormwater management facility and the easement.
(f) 
Keep the area free of litter or garbage.
(g) 
Repair erosion and restore vegetation as necessary to keep the easement in good repair.
(h) 
Repair sinkholes that may develop.
D. 
Any drainage easement proposed for dedication to the Township must be separately recorded in a deed of easement.
A. 
For regulated activities specified in § 137-5B(1) and (2), the owner of any land upon which permanent stormwater management facilities will be placed, constructed or implemented, as described in the stormwater management facility operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds Northampton County, as applicable, within 90 days of approval of the stormwater management facility operations and maintenance plan by the Township:
(1) 
The operations and maintenance plan or a summary thereof.
(2) 
Operations and maintenance agreements under § 137-36.
(3) 
Easements under § 137-37.
B. 
The Township may suspend or revoke any approvals granted for the drainage plan upon discovery of the failure of the owner to comply with this section.