A. 
O&M of stormwater management facilities and BMPs is essential for the proper functioning of the stormwater management facilities and BMPs and for their proper operation. Failure to properly maintain stormwater management facilities and BMPs may adversely impact the health and safety of surrounding property owners. It is the intention of the Board of Supervisors to impose regulations to require the permanent maintenance of stormwater management facilities and BMPs which exist on the effective date of this chapter and which are installed in the future.
B. 
Alterations to stormwater management facilities and BMPs which are not performed in accordance with a revised stormwater management site plan may create unforeseen consequences to surrounding property owners. No alterations to stormwater management facilities and BMPs will be permitted unless the developer submits a stormwater management site plan as required by this chapter and meets all of the standards and criteria of this chapter.
A. 
O&M of stormwater management facilities and BMPs during development of a project site shall be the responsibility of the developer and owner.
B. 
The developer and owner shall maintain stormwater management facilities and BMPs during development of a project site, which shall include, but not be limited to:
(1) 
Removal of silt from all stormwater management facilities not utilized for sediment and erosion control measures when 60% of capacity is filled with silt; provided, however, that in no case shall the sediment level be permitted to build up higher than one foot below the principal outlet crest. At this elevation, cleanout shall be performed to restore the original design volume to the basin or other structure. The elevation corresponding to the maximum allowable sediment level shall be determined and stated in the design data as a distance below the top of the riser. The elevation shall be clearly marked on the riser to enable proper maintenance. Sediment basins must be maintained in conformance with Chapter 102. All sediment must be removed prior to converting the basin or trap to a permanent stormwater management facility.
(2) 
Periodic maintenance of temporary control stormwater management facilities such as replacement of straw bale dikes, straw filters or similar measures.
(3) 
Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established.
(4) 
Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies.
(5) 
Removal of all temporary stormwater management facilities upon installation of permanent stormwater management facilities at completion of the development.
A. 
It is the purpose and intent of this chapter that the Township shall not become responsible for maintenance and supervision of stormwater management facilities and BMPs unless such facilities are within public street rights-of-way dedicated to and accepted by the Township or unless such facilities are specifically accepted by the Township. The responsibility for stormwater management facility and BMP operation and maintenance falls initially upon the developer of the project site, who shall remain responsible for those areas of the project site which are subject to the requirements of this chapter. This responsibility may be retained or assigned to third persons approved by the Township. Notwithstanding any provision to the contrary in this chapter, the Township retains authority to determine the appropriate responsible party for stormwater management facility and BMP operation and maintenance.
B. 
It is the intent of this chapter that the purposes of this chapter shall be carried out through the exercise of responsibility of private person(s) and, therefore, it is anticipated that stormwater management site plans shall be designed with a view towards stormwater management facilities and BMPs which can effectively be contained within the tracts to be owned and maintained by private person(s), including but not limited to condominium and homeowners' associations or individual lot owners. To foster this purpose, stormwater management facilities which will not otherwise become part of Township property shall whenever possible become the responsibility of the collective property owners benefitted by such stormwater management facilities, or where the facilities benefit only a single lot, the owner of such lot. The Township and the responsible party shall enter into an O&M agreement, which shall be recorded, setting forth such maintenance responsibilities and binding the responsible party and its respective successors and assigns to bear the costs associated with O&M. The O&M agreement shall, at a minimum, provide as follows:
(1) 
The owner shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan, which schedule and plan shall be incorporated in and made a part of the O&M agreement.
(2) 
The owner shall convey to the Township easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
The owner shall not modify, alter or relocate any stormwater management facilities or BMPs without the approval of the Township.
(4) 
The owner shall indemnify the Township from any and all claims arising from the operation and maintenance of the stormwater management facilities and BMPs. The Township may include provisions requiring the owner to maintain general liability insurance coverage in appropriate amounts to fund this indemnity.
(5) 
The owner shall be responsible for all costs of inspection, operation and maintenance.
(6) 
The owner shall pay all costs of enforcement or abatement by the Township, including an express statement granting authority to the Township to collect such costs by municipal lien on the property.
(7) 
The O&M agreement shall be recorded in the York County Recorder of Deeds Office and shall thereafter be a covenant running with the land and a deed restriction for the benefit of the Township and its citizens.
(8) 
If more than one owner will be responsible for O&M, each owner shall be jointly and severally liable for the obligations set forth in the O&M agreement.
(9) 
Any modifications or amendments to the O&M plan or the O&M agreement must be approved, in writing, by the Township.
C. 
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 shall be submitted by the owner to the Township within 10 working days of the change.
D. 
Where costs and maintenance responsibility will not be collectively shared, the Township may require a perpetual maintenance bond or adequate funds be deposited with the Township to pay for the costs of future maintenance of the stormwater management facilities and BMPs.
E. 
Developers shall include a mandatory note reference to the O&M plan and O&M agreement on the corresponding subdivision and/or land development plan. Persons, including developers, conveying property within a project site to another party which contains any stormwater management facilities shall include a specific deed reference to the O&M agreement affecting such grantee's property.
F. 
Required maintenance of stormwater management facilities and BMPs shall include, at a minimum, the following:
(1) 
Maintaining vegetated channels and other areas according to specifications in the E&S Manual.
(2) 
Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.
(3) 
Mowing as necessary and where permitted to maintain adequate stands or grass and to control weeds.
(4) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in the grass waterways, thus reducing their capacity.
(5) 
Regular inspection of the areas in questions to assure proper O&M. Stormwater management facilities and BMPs shall be inspected annually for 10 years and immediately after the cessation of a storm event having a one-year or greater return period. Thereafter, stormwater management facilities and BMPs shall be inspected once every three years and immediately after the cessation of a storm event having a one- year or greater return period. The entity conducting the inspection shall be required to submit a report within 30 days of the inspection to the Township regarding the condition of the facility and recommending necessary repairs, if needed. The 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. Any such repairs shall be at the cost of the owner. All inspection records shall be maintained by the owner and shall be made available to the Township on request. Inspections should be conducted during or immediately following precipitation events.
(6) 
Removal of silt from all permanent drainage structures in order to maintain the design storage volumes. Regular maintenance programs shall be established and maintained.
G. 
The O&M agreement and deed restrictions identified above shall also include notice that in the event the responsible party fails to comply with the terms of this chapter for the maintenance and care of the stormwater management facilities in question, the Township shall have the authority to carry out those duties hereby imposed upon the responsible party. The Township may, after giving notice to a responsible party that he is not properly maintaining the areas subject to this chapter, and by making demand that such compliance shall be made within the time period set forth in the notification, enter upon said property and take such actions as may be required to bring the area into compliance with this chapter. The Township shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this section, plus a penalty of 10% of the costs of such work. The Township shall in addition to the filing of a municipal lien have any other remedies provided by law against any responsible party who should fail to comply with the terms of this chapter.
In cases where permanent maintenance of stormwater management facilities and BMPs is to be performed by a private person, such as an owner, developer, homeowners' association or a condominium unit owners' association, such entity shall be responsible for the maintenance of such facilities and shall enter into a legally binding O&M agreement with the Township. The O&M agreement shall provide the Township rights similar to those set forth in Section 705 of the MPC[1] relating to the maintenance of common open space should the private person fail to adequately maintain the stormwater management facilities or BMPs. The O&M agreement shall be approved by the Township solicitor and shall contain the same minimum requirements as set forth in § 199-32B.
[1]
Editor's Note: See 53 P.S. § 10705.
Stormwater management facilities existing on the effective date of this chapter on individual lots 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 property owners. Such maintenance shall include at a minimum those items set forth in § 199-32 above. 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 Township may determine that such condition constitutes a public nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take correction action. If the property owner does not take the required corrective action, the Township may either perform the work or contract for the performance of the work and, in such event, the Township shall have the right to file a municipal lien against such property for the cost of the work carried out under this section, plus a penalty of 10% of the costs of such work. The Township shall in addition to the filing of a municipal lien have any other remedies provided by law against any property owner who should fail to comply with the terms of this chapter.
No person shall modify, remove, fill, landscape or alter stormwater management facilities which may have been installed on a property unless a stormwater management site plan has been approved which authorizes such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility or within a drainage easement which will limit or alter the functioning of the facility or easement in any manner.
A. 
Persons installing sormwater management facilities shall be required to pay a specified amount to a Township stormwater maintenance fund to help defray the Township's costs of periodic inspections. The amount of the deposit shall be calculated to cover the cost of periodic inspections performed by the Township for a period of 10 years, as estimated by the Township Engineer. After that period of time, inspections will be performed at the expense of the Township.
B. 
All money paid to the Township in this manner shall be kept in an operating reserve fund established as provided by the Second Class Township Code. Money in such operating reserve fund must be used for inspections and emergency maintenance of stormwater management facilities. Money in such operating reserve fund shall be invested in accordance with Section 3204 of the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 68204.