[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.
G. 
Repair of any sinkholes.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 10705.
[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]
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