[Ord. 208, 9/25/2012]
2.
Consistency with Act 167. The provisions of this Section shall apply except where a specific provision of the Township Act 167 Stormwater Management Ordinance [Chapter 26, Part 2] supersedes this Chapter under specific provisions of the PA Stormwater Management Act, such as regarding release rates. In case of any differences between an Act 167 Plan Stormwater Management Plan and this Section where the Act 167 Stormwater management Plan does not supersede, then the more restrictive requirement shall apply.
3.
The Pennsylvania
Stormwater Best Management Practices Manual as amended is included
by reference. Stormwater Management planning should be conducted in
accordance with the Integrating Site Design and Stormwater Management
Section of that manual.
4.
General.
The applicant/developer shall construct and/or install such drainage
structures, on-site and off-site, as necessary to:
A.
Prevent
erosion damage and to satisfactorily carry off or detain and control
the rate of release of surface waters.
B.
Encourage
all run-off control measures to infiltrate the stormwater into the
ground to aid in the recharge of groundwaters.
C.
Carry
surface water to the nearest adequate street, storm drain, detention
basin, natural watercourse or drainage facility.
D.
Take
surface water from the bottom of vertical grades, to lead water away
from springs and to avoid excessive use of cross gutters at street
intersections.
E.
Control
of the anticipated peak discharge of both rate and volume from the
property being subdivided or developed, as well as the runoff entering
the site from adjacent properties, in accordance with the design criteria
set forth within this Chapter.
F.
Maintain
the adequacy of the natural stream channels. Accelerated bank erosion
shall be prevented by controlling the rate, velocity, and volume of
run-off discharge to these watercourses, so as to avoid increasing
the occurrence of stream bank overflow.
G.
Preserve
the Adequacy of Existing Culverts. Bridges and similar structures
shall be preserved by suppressing the new flood peaks created by new
land development.
5.
Retention
of Existing Watercourses and Natural Drainage Features.
A.
Whenever
a watercourse, stream or intermittent stream is located within a development
site, it shall remain open in its natural State and location and shall
not be piped. Except as permitted by the Pennsylvania Department of
Environmental Protection. The Township shall be copied on all permit
submissions and correspondence when permits are requested for the
above mentioned activities.
B.
The
existing points of natural drainage discharge into adjacent property
shall not be altered without the written approval of the affected
landowners.
C.
No stormwater
run-off or natural drainage shall be so diverted as to overload existing
drainage systems or create flooding or the need for additional drainage
structures on other private properties or public lands.
D.
The
Board of Supervisors may require the applicant/developer to provide
a permanent drainage easement along any watercourse located within
or along the boundary of any property being subdivided or developed.
The required width of any such easement shall be determined by determining
the extent of the width of flow from a fifty-year twenty-four-hour
design storm or as determined by one of the following; United States
Army Corps of Engineers, Pennsylvania Department of Environmental
Protection or other public agency having jurisdiction. The purpose
of the easement is to maintain the free flow of the watercourse. The
applicant/developer will retain the easement until such time as one
of the following is accomplished:
(1)
The easement is offered for dedication by the applicant/developer
and accepted by the Township.
(2)
If an easement required by the Township is established, but not to
be dedicated, the maintenance shall then be the responsibility of
the individual lot owners through whose property the easement passes.
For land developments, the maintenance shall then be the responsibility
of the applicant/developer.
(3)
A homeowners’ association or their legal entity approved by
the Township assumes responsibility for the maintenance of the development,
including the easements.
6.
Design
Criteria, General.
A.
All
plans and designs for stormwater management facilities shall determine
the maximum expected discharge and run-off by use of the Soil Cover
Complex Method as set forth in the latest edition of Urban Hydrology
for Small Watersheds, Technical Release No. 55 and National Engineering
Handbook, Section 4, Hydrology, as published by the United States
Department of Agriculture, Soil Conservation Service. The rainfall
intensities found in NOAA ATLAS 14 for a site closest to the subject
parcel shall be used for the precipitation frequency estimate.
B.
All
stormwater management facilities intended to control the rate of stormwater
runoff after development shall be designed in accordance with the
following criteria:
(1)
All calculations shall be based upon the assumption that the predevelopment
land use condition is meadow in good condition, unless the actual
predevelopment condition has a stormwater runoff rate less than meadow,
in which case, the lower rate will be used.
(2)
The allowable peak discharge rate after development shall be in accordance with the release rates criteria found in the Stormwater Management Ordinance [Chapter 26, Part 2] of Smithfield Township. In areas outside of the study no more runoff shall be allowed in the post developed condition than existed pre development. Areas Contributing to Flory Pond shall comply with Chapter 26 Appendix B as amended:
(3)
The maximum draw down time for stormwater management facilities shall
be 72 hours.
(4)
All outlet structures shall be constructed of a concrete box structure.
(5)
The top of the outlet box shall be set at the 100-year water surface
elevation and shall have an open grate.
(6)
All discharge points for stormwater management facilities shall be
located so as to direct water to a defined drainage channel or storm
sewer system, with sufficient capacity to handle the peak discharge
from the stormwater management facility as well as the peak runoff
from all other contributing areas on and off site.
(7)
Additional criteria may be set forth by the Township in order to
address factors including, but not limited to, timing of peak flow
rates, capacity of existing downstream channels, potential for future
development within the project area, etc.
C.
Bridges
and culverts shall be designed to meet current Pennsylvania Department
of Transportation standards to support expected loads and carry expected
flows from the fifty-year twenty-four-hour design storm. They shall
be constructed to the full width of the right-of-way or as required
by the Township.
D.
Approval
of the Division of Darns and Encroachments, Department of Environmental
Protection and the Commonwealth of Pennsylvania is required when the
area drained upstream of the point under consideration exceeds an
area of 1/2 square miles.
E.
Stormwater
management facilities which involve a State highway shall be subject
to approval of the Pennsylvania Department of Transportation (PennDOT).
The Township shall defer final approval of stormwater management facilities
until the applicant/developer secures a highway occupancy permit as
applicable.
F.
Access
to facilities shall be provided for maintenance and operation. This
access shall be 20 feet wide and shall be cleared, when possible,
to a minimum width of 10 feet. Multiple accesses are encouraged for
major facilities. The applicant/developer shall provide driveways,
curb depressions, sidewalk aprons and all easements and rights-of-way
for access to stormwater management facilities.
G.
Upon
approval of the Township Engineer, stormwater management runoff calculations
for sites less than 10 acres may be performed utilizing the Modified
Rational Method. Application of this method shall be in accordance
with the procedures set forth in the Pennsylvania Department of Environmental
Protection (PA DEP) publication Recommended Hydrologic Procedures
for Computing Urban Runoff from Small Watersheds in Pennsylvania.
7.
Design
Criteria, Detention and Retention Basins.
A.
A stormwater
collection system with capacity for the fifty-year storm shall be
provided to carry run-off to a stormwater management facility. When
the capacity of the storm drain pipe is exceeded an overflow system
shall have sufficient capacity to carry the run-off difference between
the 100-year storm peak flow rate and the capacity of the storm drain
pipe system.
B.
Unless
permitted as a special exception by the Zoning Hearing Board, detention
basins shall not be located within floodplain nor within areas of
floodplain soils, with the exception that areas of alluvial soils
may be utilized if proof is accepted by the Board of Supervisors that
the area is not subject to flooding.
C.
Detention
basins shall be designed to facilitate regular maintenance, mowing
and periodic de-silting and reseeding.
D.
Whenever
possible, the side slopes and basin shape shall conform to the natural
topography. When such design is impracticable, the construction of
the basin shall utilize slopes as flat as possible to blend the structure
into the terrain.
E.
The
maximum water depth, measured from the invert of the lowest outlet
orifice to the peak 100-year water surface elevation, shall not exceed
five feet zero inches.
F.
The
maximum slope of the earthen detention basin embankments should be
four horizontal to one vertical. An embankment stability analysis
shall be supplied for basins with a proposed slope which exceeds four
horizontal to one vertical.
G.
The
minimum top width of the detention basin embankment shall be 10 feet.
An embankment stability analysis shall be supplied for basins with
a proposed embankment slope which is less than 10 feet.
H.
A collecting
swale shall be provided to drain basins where wet bottoms are not
proposed.
I.
If permanent
ponds are used, the applicant/developer shall demonstrate that such
ponds are designed to protect the public health and safety. The following
minimum design criteria shall be maintained:
(1)
An aquatic safety bench shall be provided around the perimeter of
the permanent water surface. The depth of the bench shall be a maximum
of one foot for a width of at least 10 feet.
(2)
An area at least 15 feet wide with slopes of three to one shall be
provided from the edge of the safety bench toward the deep water portion
of the pond.
(3)
Slopes in the remainder of the pond, below the permanent pool elevation,
shall be a maximum of two to one.
(4)
Slopes above the permanent water surface shall be in accordance with
the design criteria set forth for detention and retention basins within
this Chapter.
(5)
Wet ponds shall have a deep water zone of at least eight feet deep
measured from the bottom of the wet pond to the top of the aquatic
safety bench in order to prevent stagnation.
(6)
Wet ponds shall be equipped with a manually operated drain that can
be secured against unauthorized operation to allow the pond to be
drained by gravity flow.
(7)
Wet ponds shall be provided with a water source so that the permanent
water surface can be maintained, as necessary, between periods of
rainfall.
(8)
Wet ponds shall be lined with an eight-inch thickness of clay material
or a synthetic material in order to prevent excessive infiltration
and to protect against saturation of, and seepage through, the embankment.
J.
Emergency
Spillways.
(1)
Emergency overflow facilities shall be provided for detention facilities
to handle run-off in excess of design flows.
(2)
Whenever possible, the emergency spillway for detention basins shall
be constructed on undisturbed ground.
(3)
Emergency spillways shall be constructed of reinforced concrete or
other material approved by the Township Engineer.
(4)
All emergency spillways shall be constructed so that the detention
basin berm is protected against erosion.
(5)
The minimum capacity of all emergency spillways shall be the peak
flow rate from the 100-year design storm after development.
(6)
The construction material of the emergency spillway shall extend
along the upstream and downstream embankment slopes.
(7)
The upstream edge of the emergency spillway shall be a minimum of
three feet below the spillway crest elevation.
(8)
The downstream slope of the spillway shall, as a minimum, extend
to the toe of the berm embankment.
(9)
The emergency spillway shall not discharge over earthen fill and/or
easily eroded material.
(10)
Dams.
(a)
All detention basins shall have a minimum top of embankment as follows:
|
Class of Dam
|
Drainage Area
|
Top of Embankment
|
|---|---|---|
|
a
|
Less than 320 acres
|
Foot above Maximum water surface elevation for emergency spillway
storm
|
|
Greater than 320 acres
|
2 feet above maximum water surface elevation for emergency spillway
storm
| |
|
b
|
Less than 150 acres
|
1 Foot above Maximum water surface elevation for emergency spillway
storm
|
|
Greater than 150 acres
|
2 feet above maximum water surface elevation for emergency spillway
storm
| |
|
c
|
Less than 150 acres
|
2 feet above maximum water surface elevation
|
|
Greater than 150 acres
|
Special treatment. Criteria established for each individual
case.
|
|
Note: The classification of dams shall be in accordance with
the Soil Conservation Service’s criteria as found in Technical
Release 60, as amended.
|
K.
Anti-seep
Collars.
(1)
Anti-seep collars shall be installed around the pipe barrel within
the normal saturation zone of the detention basin embankment.
(2)
The anti-seep collars and their connections to the pipe barrel shall
be watertight.
(3)
The anti-seep collars shall extend a minimum of two feet beyond the
outside of the principal pipe barrel.
(4)
The maximum spacing between collars shall be 14 times the minimum
project of the collar measured perpendicular to the pipe.
(5)
A minimum of two anti-seep collars shall be installed on each outlet
pipe.
L.
Outlet
Pipes.
(1)
All outlet pipes through the basin embankment shall be reinforced
concrete pipe with watertight joints.
(2)
Energy-dissipating devices (rip-rap, end sills, etc.) shall be placed
at all basin outlets.
(3)
Outlet pipes shall discharge to a defined watercourse having a capacity
to carry proposed discharge flows.
(4)
All detention/retention basin embankments shall be placed in a maximum
of eight-inch lifts compacted to a minimum of 95% of modified proctor
density, as established by ASTM D-1557. Compaction tests will be run
on the leading and trailing edge of the embankment along with the
top of the embankment.
(5)
The length of the pond between the inflow and outflow points shall
be maximized to prevent short circuiting of the runoff flowing through
the pond.
(6)
A cutoff trench (keyway) of impervious material shall be provided
under all embankments that require fill material. The cutoff trench
shall be a minimum of eight feet wide, two feet deep and have side
slopes of one to one.
M.
Design
Criteria for Drainage Channels and Swales.
(1)
All drainage channels shall be designed to prevent erosion of the
bed and banks.
(2)
Suitable stabilization shall be provided where required to prevent
erosion of the drainage channels.
(3)
Any vegetated drainage channel requiring mowing of the vegetation
shall have a maximum grade of four horizontal to one vertical on those
areas to be mowed.
(4)
Because of the critical nature of vegetated drainage channels, the
design of all vegetated channels shall, as a minimum, conform to the
design procedures outlined in TP-61, Handbook of Channel Design for
Soil and Water Conservation, prepared by the Soil Conservation Service.
N.
Design
Criteria, Stormwater Collection and Pipe System. Storm sewers, culverts
and related installations shall be provided to:
(1)
Permit the unimpeded flow of natural watercourses in such a manner
as to protect the natural character of said watercourses and to provide
regulated discharge.
(2)
Ensure adequate drainage of all low points along the line of streets.
(3)
Intercept stormwater run-off along streets at intervals reasonably
related to the extent and grade of the area drainage and to prevent
substantial flow of water across intersections.
(4)
The design discharge from drainage areas contributing to the system
may be determined by use of the Rational Equation (Q=CIA) when the
total drainage area does not exceed 100 acres.
P.
Storm
Duration.
(1)
A five minute storm duration shall be used if this duration does
not result in a maximum expected discharge that exceeds the capacity
of a thirty-inch pipe.
(2)
If a five-minute storm duration results in a pipe size exceeding
30 inches, the time of concentration approach shall be used in determining
storm duration.
(3)
If a five-minute storm duration results in a pipe size exceeding
30 inches, within any run of pipe, the time of concentration approach
may be used for sizing of pipes from that point on by adjusting the
time of concentration.
Q.
Pipes.
(1)
Pipe shall be sized by use of Manning’s Equation with the pipes
flowing full. The design shall be based on gravity (non-pressure)
flow.
(2)
The minimum diameter of all storm drainage pipe shall be 18 inches
or an equivalent thereto. Where headroom is restricted, equivalent
pipe arches may be used in lieu of circular pipe.
(3)
Abrupt changes in direction or slope of storm drainage pipe shall
be avoided. Where such abrupt changes are required, an inlet or manhole
shall be placed at the point of change.
(4)
The minimum grade of piping shall provide a minimum velocity of 2.5
feet per second and shall have a minimum slope of 0.5%.
(5)
Storm sewers shall be placed within a street right-of-way, parallel
to the cartway, and shall be designed as a combination storm sewer
and underdrain. When located outside of a right-of-way, they shall
be placed within an easement having a width of not less than 20 feet,
if required by the Township.
(6)
The top of storm drainage pipes beneath cartways shall be at least
six inches below sub-grade elevation. Cast iron pipe may be placed
within three inches of sub-grade elevation. Outside of cartways, all
pipes shall have a minimum cover of one foot.
R.
Manholes.
(1)
Manholes shall neither be more than 300 feet apart on sizes up to
24 inches nor more than 450 feet apart on greater sizes.
(2)
Inlets may be substituted for manholes, on approval of the Township
Engineer, at the same spacing as required for manholes.
(3)
Manhole covers and frames shall conform to Pennsylvania Department
of Transportation specifications.
S.
Inlets.
(1)
At street intersections, inlets shall be placed in the tangent portion
rather than the curved portion of the curbing.
(2)
When there is a change in pipe size in an inlet, the elevation for
the top of the pipes shall be the same or the small pipe shall be
higher.
(3)
A minimum drop of two inches shall be provided in the inlet between
the lowest inlet pipe invert elevation and the outlet pipe invert
elevation.
(4)
If the capacity of the shoulder, swale, curb section or depressed
median section exceeds the inlet capacities, the inlet capacities
shall govern the spacing of inlets.
(5)
If the capacity of the shoulder, swale, curb section or depressed
median section is less than the inlet capacities, then the shoulder,
swale, curb section or depressed section capacity shall govern the
spacing of inlets.
(6)
Type C Inlets.
(a)
Type C inlets shall be installed unmountable, vertical curbs.
(b)
In order to achieve greater efficiency, Type C inlets shall be spaced
so as to permit 5% of the gutter flow to bypass the inlet.
(c)
The capacity of a Type C inlet at a low point of a street’s
vertical curve may be designed to accept four cubic feet per second
(cfs) from each direction or a maximum of eight cfs.
(8)
Inlets shall conform to Pennsylvania Department of Transportation
specifications, with the exception that the use of red brick for inlet
construction is not permitted.
(9)
Shoulders in Cut Areas (Without Swales).
(a)
Water flowing in the shoulder shall not encroach more than 2/3 the
shoulder width during a ten-year frequency storm of five-minute duration.
(b)
The maximum velocity, as determined by Manning’s Equation,
shall not exceed the allowable velocities.
(c)
Inlets shall be provided to control the shoulder encroachment and
water velocity.
(10)
Swales Adjacent to Shoulders.
(11)
Curbed Sections. An inlet capacity report shall be submitted demonstrating
that the proposed inlets will collect the proposed runoff reaching
the inlets in accordance with the following:
[Ord. 208, 9/25/2012]
1.
General
Provisions and Compliance.
A.
No changes
shall be made in the contour of the land and no grading excavation,
removal nor destruction of the topsoil, trees or other vegetative
cover of the land shall be commenced until such time that a plan for
minimizing erosion and sedimentation has been:
B.
The
Board of Supervisors, in its consideration of all preliminary subdivision
and land development plans, shall condition its approval upon the
execution of erosion and sediment control measures as contained in
the standards and specification of the Monroe County Conservation
District, the local designee for the Pennsylvania Department of Environmental
Protection, Bureau of Soil and Water Conservation.
C.
Final
approval of plans and specifications for the control of erosion and
sedimentation shall be concurrent with the approval of the final subdivision
or land development plans and become a part thereof.
D.
Final
plans for minimizing erosion and sedimentation as approved will be
incorporated into the Agreement and Financial Securities requirements
as required by the Township.
E.
No subdivision
or land development plan shall be approved unless:
(1)
There has been an erosion and sedimentation plan approved by the
Township Engineer and the Monroe County Conservation District that
provides for minimizing erosion and sedimentation and an improvement
bond or other acceptable security is deposited with the Township in
the form of an escrow guaranty which will ensure installation and
completion of the required improvements; or,
(2)
There has been a determination by the Board of Supervisors that a
plan for minimizing erosion and sedimentation is not necessary. The
Board of Supervisors may waive the above requirement for minor subdivisions.
F.
At the
time a Building Permit is applied for, a review shall be conducted
by the Township Engineer to ensure conformance with the plan as approved.
During the construction, further consultative technical assistance
will be furnished, if necessary, by the Township Engineer and the
Monroe County Conservation District. The Township Engineer shall inspect
the development site and enforce compliance with the approved plans.
G.
Permission
for clearing and grading prior to recording of plans may be requested
under temporary easements or other conditions satisfactory to the
Township.
2.
General
Erosion Control Standards.
A.
Measures
used to control erosion and reduce sedimentation shall, as a minimum,
meet the standards and specifications of the Monroe County Conservation
District, Pennsylvania Department of Environmental Protection, Bureau
of Soil and Water Conservation.
B.
In cases
where the Monroe County Conservation District does not have standards
and specifications for erosion and sedimentation control, other known
and commonly accepted standards and specifications may be used as
approved by the Township Engineer.
C.
The
following standards to minimize erosion and sedimentation shall be
followed:
(1)
Stripping of vegetation, regrading or other development shall be
undertaken in a manner that will minimize erosion.
(2)
Development plans shall preserve salient natural features, keep fill
operations to a minimum and ensure conformity with topography so as
to create the least erosion potential and adequately handle the volume
and velocity of surface water run-off.
(3)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept to
a practical minimum. Disturbed soil shall be stabilized within 20
days.
(5)
Temporary vegetation and/or mulching shall be used to protect exposed
critical areas during development.
(6)
The permanent (final) vegetation and mechanical erosion control and
drainage facilities shall be installed as soon as practical.
(7)
Provisions shall be made to effectively accommodate the increased
run-off caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff shall
be mechanically retarded.
(8)
Sediment in the water run-off shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
traps or similar measures.
(9)
Swages shall be seeded or sodded, utilize jute matting or other similar
measures to ensure proper growth of ground cover.
(10)
Tire cleaning areas shall be provided and properly maintained at
each point of egress from the development site.
3.
General
Grading Standards.
A.
All
lots, tracts or parcels shall be graded to provide proper drainage
away from buildings and dispose of it without ponding.
B.
All
land within a development shall be graded to drain and dispose of
surface water without ponding, except where ponding in detention basins
is part of the storm water management plan for the site.
C.
Concentration
of surface water run-off shall be permitted only in swales, watercourses
or detention basins.
D.
Edges
of slopes shall be a minimum of five feet from property lines or right-of-way
lines in order to permit the normal rounding of the edge without encroaching
on the abutting property.
E.
During
grading operations, necessary measures for dust control shall be exercised.
F.
Driveway
slopes shall be less than 12%.
G.
In general,
lot slope shall not be flatter than 2%.
H.
In general,
swales for surface runoff shall have a minimum slope of 2%.
I.
Garage
floor and first floor elevations shall be shown on the proposed grading
plan. First floor elevations shall be based on architectural details
of the proposed building.
J.
A fifteen-foot
protection slope around the building shall be provided with at least
a six-inch fall.
K.
Perimeter
grades at the corners of the building shall be shown on the grading
plan.
L.
Proposed
spot elevations for swale high points and at lot corners shall be
shown on the grading plan.
M.
The
grading plan shall not allow concentrated runoff on adjoining properties.
N.
Drainage
swales necessary to control surface drainage between lots shall be
centered about the common property lines.
O.
On-lot
drainage swales shall be designed to provide positive conveyance of
surface water from the individual lot. Each individual lot shall convey
stormwater from the lot to a storm sewer system, street or major drainageway
without crossing or combining with stormwater from more than the adjacent
lot.
P.
Drainageways
for major surface runoff (swales) shall be confined to open areas
or along property lines. Drainageways on or adjoining private property
may require drainage easements for maintenance purposes.
4.
Excavations
and Fills.
A.
No excavation
or fill shall be made with a face or surface slope steeper than three
horizontal to one vertical unless a retaining wall or other soil retention
method, constructed in accordance with approved standards, is provided
to support the face or surface slope of said excavation or fill.
B.
Adequate
provisions shall be made to prevent surface water from damaging the
cut face of excavations and the sloping surfaces of fills.
C.
All
retaining walls greater than four feet shall require an engineered
drawing signed and sealed by a Professional Engineer.
D.
Cut
and fill shall not endanger adjoining property. All the outermost
limits of all cuts and fills shall be a minimum of 10 feet from adjacent
property lines. Where retaining walls greater than four feet in height
are proposed the face of such retaining wall shall be a minimum of
10 feet from all property lines. Retaining walls greater than six
feet shall be designed as a tiered wall with a minimum width of four
feet between walls.
E.
Fill
shall be placed and compacted so as to minimize sliding or erosion
of the soil.
F.
Fills
shall not encroach in floodplain areas or wetlands.
G.
Fills
placed adjacent to floodways shall have suitable protection against
erosion during flooding.
5.
Responsibility.
A.
Each
person, corporation or other entity which makes any surface changes
shall be required to:
(1)
Collect on-site surface run-off and control it to a point of discharge
into the natural watercourse of the drainage area having adequate
capacity.
(2)
Adequately handle existing off-site run-off through the development.
(3)
Provide and install all temporary and permanent drainage and erosion
control improvements, as required by the approved sedimentation and
erosion control plan.
(4)
Prior to grading operations or excavations, topsoil n the disturbance
area shall be stripped and stockpiled on site. Upon completion of
other construction, the entire amount of stockpiled topsoil shall
be replaced on the development site.
(5)
No topsoil shall be removed from the site.
B.
Whenever
sedimentation is caused by stripping of vegetation, regrading or other
development, it shall be the responsibility of the person causing
such sedimentation to remove it from all affected surfaces, drainage
systems and watercourses on-site and off-site and to repair any damage
at the applicant/developer’s expense as quickly as possible
following a storm event.
C.
Maintenance
of all drainage facilities and watercourses, both existing and proposed,
within any proposed subdivision or land development shall be the responsibility
of the applicant/developer until such time as one of the following
is accomplished:
(1)
A right-of-way for these facilities is offered for dedication by
the applicant/developer and is accepted by the Township; it shall
then be the responsibility of the Township.
(2)
An easement acceptable to the Township is established. In the case
of a subdivision, the maintenance shall then be the responsibility
of the individual lot owners over whose property the casement passes.
For land developments, the maintenance shall then be the responsibility
of the applicant/developer.
(3)
A homeowners’ association, approved by the Township, assumes
responsibility for the maintenance of the development, including the
maintenance of the watercourses and/or drainage facilities.
D.
It is
the responsibility of any person, corporation or other entity doing
any work on or across a watercourse, swale, floodplain or right-of-way
to return such areas to their original or equal condition after such
activity is completed.
E.
No person,
corporation or other entity shall block, impede the flow of, alter,
construct any structure, deposit any material or thing or perform
any work which will affect normal or flood flow in any watercourse
without having obtained prior approval from the Township and/or Pennsylvania
Department of Environmental Protection, whichever is applicable.
