[Ord. No. 246, 10/11/2023]
1. Maintenance of stormwater management facilities is essential for
the proper functioning of the stormwater management facilities and
for their proper operation. It is the intention of the Board of Supervisors
to impose regulations to require the permanent maintenance of stormwater
management facilities which exist on the effective date of this Part
and which are installed in the future.
2. Alterations to stormwater management facilities which are not performed
in accordance with a revised drainage plan may create unforeseen consequences
to downstream property owners. No alterations to stormwater management
facilities will be permitted unless the applicant submits a drainage
plan as required by this Part and meets all of the standards and criteria
of this Part.
[Ord. No. 246, 10/11/2023]
1. For subdivisions and land developments the applicant shall provide
a financial guarantee to the municipality for the timely installation
and proper construction of all stormwater management controls as:
1) required by the approved drainage plan equal to or greater than
the full construction cost of the required controls, or 2) in the
amount and method of payment provided for in the Subdivision and Land
Development Ordinance.
2. For other regulated activities, the municipality may require a financial
guarantee from the applicant.
3. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the applicant or his representatives
shall:
A. Provide a certification of completion from an engineer, architect,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
B. Provide a set of record drawings.
4. After the municipality receives the certification, a final inspection
shall be conducted by the Municipal Engineer or designee to certify
compliance with this Part.
[Ord. No. 246, 10/11/2023]
1. The drainage plan for the development site shall contain an operation
and maintenance plan prepared by the applicant and approved by the
Municipal Engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the facility(ies).
2. Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
3. The O&M plan shall be recorded as a restrictive deed convenant
that runs with the land.
4. The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this Part.
5. The drainage plan for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed stormwater
control facilities, consistent with the following principles:
A. If a development consists of structures or lots which are to be separately
owned and in which streets, sewers or other public improvements are
to be dedicated to the municipality, stormwater control facilities
may also be dedicated to and maintained by the municipality. (The
municipality is not obligated to accept ownership.)
B. If a development site is to be maintained in a single ownership or
if streets, sewers or other public improvements are to be privately
owned and maintained, then the ownership and maintenance of stormwater
control facilities may be the responsibility of the applicant or private
management entity.
6. The governing body, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to approval of the drainage plan. The governing body reserves
the right to accept the ownership and operating responsibility for
any or all of the stormwater management controls.
[Ord. No. 246, 10/11/2023]
1. Maintenance or stormwater management facilities during development
of a development site shall be the responsibility of the developer
and the landowner.
2. The developer and the landowner shall maintain stormwater management
facilities during development of a development site which shall include,
but not be limited to:
A. Removal of silt from all stormwater management facilities not utilized
for sediment and erosion control measures when 20% 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 out 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.
B. Periodic maintenance of temporary control stormwater management facilities
such as replacement of straw bale dikes, straw filters or similar
measures.
C. Establishment or reestablishment of vegetation by seeding and mulching
or sodding of scoured areas or areas where vegetation has not successfully
been established.
D. Flush all storm sewers and structures which received sediment-laden
waters.
E. Installation of necessary controls to correct unforeseen problems
caused by storm events within design frequencies.
F. Removal of all temporary stormwater management facilities upon installation
of permanent stormwater management facilities at completion of the
development.
[Ord. No. 246, 10/11/2023]
Where the Board of Supervisors accepts dedication of all or
some of the stormwater management facilities following completion,
the Board of Supervisors shall require the posting of financial security
to secure the structural integrity of said facilities as well as the
functioning of said facilities in accordance with the design and specifications
as depicted on the approved stormwater management site plan. The term
of the financial security shall be 18 months from the date of acceptance
of dedication, and the amount of financial security shall be 15% of
the actual cost of installation of said improvements. The financial
security shall be of the same type required in Subpart 2E with regard
to installation of stormwater management facilities.
[Ord. No. 246, 10/11/2023]
1. It is the purpose and intent of this Part that the Township shall
not become responsible for maintenance and supervision of stormwater
management facilities unless such facilities are within 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 maintenance falls upon the developer
of the development site, who shall remain responsible for those areas
of the development site which are subject to the requirements of this
Part. This responsibility may be retained or assigned to third persons
approved by the Township as is deemed most acceptable to the developer.
2. It is the intent of this Part that the purposes of this Part shall
be carried out through the exercise of responsibility of private parties
and, therefore, it is anticipated that drainage plans shall be designed
with a view towards facilities which can effectively be contained
within the lots to be owned and maintained by private parties. To
foster this purpose, stormwater management facilities which will not
otherwise become part of Township property shall become the responsibility
of the individual property owners on whose properties such stormwater
management facilities lie, including, but not limited to, retention
basins, detention basins, sediment basins, energy dissipators, or
grassed waterways, and the Township and the applicant shall enter
into an agreement, which shall be recorded, setting forth such maintenance
responsibilities. Persons, including applicants, conveying property
within a development site to another party which contains any stormwater
management facilities shall include a specific deed reference to such
grantee's responsibility for the maintenance and care of the
stormwater management facilities as are included within such grantee's
property. The deed reference to such stormwater management facilities
shall be in the form of a deed restriction imposing responsibilities
upon said property owner for the maintenance of the portions of the
stormwater management facilities within the boundary lines of said
property as may be necessary for proper maintenance of the stormwater
management facilities in accordance with the terms of this Part or
may be by reference to the recorded agreement with the Township.
3. Required maintenance of stormwater management facilities shall include
at a minimum the following:
A. Liming and fertilizing vegetated channels and other areas according
to specifications in the DEP Soil Erosion and Sedimentation Control
Manual.
B. Reestablishment of vegetation by seeding and mulching or sodding
of scoured areas or areas where vegetation has not been successfully
established.
C. Mowing as necessary to maintain adequate stands of grass and to control
weeds. Chemical weed control may be used if state and local regulations
are met.
D. 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.
E. Removal of silt from all permanent drainage conveyance facilities
in order to maintain the design storage volumes. Regular maintenance
programs shall be established and maintained.
F. Regular inspection of the areas in question to assure proper maintenance
and care, including, but not limited to, proper implementation of
BMPs and removal of debris and obstructions.
4. The stormwater management agreement and deed restrictions identified
above shall also include notice that in the event the individual property
owner should fail to comply with the terms of this Part for the maintenance
and care of the land in question, the Township shall have the authority
to carry out those duties hereby imposed upon individual property
owners. The Township may, after giving notice to an individual property
owner that he is not properly maintaining the areas subject to this
Part, 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 Part. 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
property owner who should fail to comply with the terms of this Part.
[Ord. No. 246, 10/11/2023]
1. In cases where permanent maintenance of stormwater management facilities
is to be performed by a private entity, such as a 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 agreement with the Township. Such agreement
shall provide the Township rights in accordance with Section 705 of
the MCP relating to the maintenance of common open space should
the private entity fail to adequately maintain the stormwater management
facilities.
A. The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
B. The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
C. The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this Part.
[Ord. No. 246, 10/11/2023]
Stormwater management facilities existing on the effective date of this Part 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 §
26-266 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 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 such corrective 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 bill the property owner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the property owner within 30 days, the Township may file a municipal claim against the property upon which the work was performed in accordance with applicable laws.
[Ord. No. 246, 10/11/2023]
No person shall modify, remove, fill, landscape or alter stormwater
management facilities which may have been installed on a property
unless a drainage 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.
[Ord. No. 246, 10/11/2023]
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter, at reasonable times, upon any property,
within the Township, to investigate or ascertain the condition of
the subject property in regard to any aspect regulated by this Part.
[Ord. No. 246, 10/11/2023]
All land disturbance work shall be performed in accordance with
an inspection and construction control schedule approved by the Township
Engineer as part of the drainage plan. The Township Engineer should
be consulted for guidance regarding the timing and other details of
necessary inspections. No work shall proceed to a subsequent phase,
including the issuance of the certificate of occupancy, until inspected
and approved by the Township Engineer or his designee, who shall then
file a report thereon with the Township.
[Ord. No. 246, 10/11/2023]
The timing and frequency of inspections of land disturbance
activities not related to the subdivision/land development process
shall be determined by the Township Engineer prior to final approval
of the drainage plan. Adherence to that schedule shall be a condition
of plan approval.
[Ord. No. 246, 10/11/2023]
1. Persons installing stormwater storage facilities shall be required
to pay a specified amount to the Municipal Stormwater Maintenance
Fund to help defray costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
A. If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality for a period of 10 years, as estimated by the
Municipal Engineer. After that period of time, inspections will be
performed at the expense of the municipality.
B. If the storage facility is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The Municipal Engineer will establish the estimated
costs utilizing information submitted by the applicant.
C. The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Municipal Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
2. If a storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the municipality may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purposes.
3. If at some future time a storage facility (whether publicly or privately
owned) is eliminated due to the installation of storm sewers or other
storage facility, the unused portion of the maintenance fund deposit
will be applied to the cost of abandoning the facility and connecting
to the storm sewer system or other facility. Any amount of the deposit
remaining after the costs of abandonment are paid will be returned
to the depositor.
4. Long-Term Maintenance. The municipality may require applicants to
pay a fee to the Municipal Stormwater Maintenance Fund to cover long-term
maintenance of stormwater control and best management practices.
5. Stormwater-Related Problems. The municipality may require applicants
to pay a fee to the Municipal Stormwater Maintenance Fund to cover
stormwater-related problems which may arise from the land development
and earth disturbance