[Amended 8-17-2022 by Ord. No. 298]
A. 
The landowner, successor and assigns shall maintain all SWM facilities in good working order in accordance with the approved O&M plan.
B. 
The landowner shall convey to the Township easements to assure access for inspections and maintenance, if required.
C. 
The landowner 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 will be submitted to the Township within 10 days of the change.
D. 
The landowner shall enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
E. 
The record owner of the development site shall sign and record an operation and maintenance (O&M) agreement covering all SWM facilities, including riparian buffers and riparian forest buffers, which are to be privately owned. Said agreement, designated as Appendix C,[1] is attached and made part hereto. The O&M plan and agreement shall be recorded as a restrictive covenant agreement that runs with the land.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
F. 
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
G. 
The Township may take enforcement actions against a landowner for any failure to satisfy the provisions of this article.
H. 
Stormwater management facilities such as permanent basins that are to be dedicated to a homeowners association, shall not be officially dedicated to the homeowners association until such time that the stormwater facilities have been inspected and approved by the Township and the DEP NPDES Notice of Termination has been officially received.
[Amended 8-17-2022 by Ord. No. 298]
A. 
The O&M plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent SWM facilities and erosion and sedimentation control facilities.
B. 
The following shall be addressed in the O&M plan:
(1) 
Description of maintenance requirements, including, but not limited to, the following:
(a) 
Regular inspection of the SWM facilities. To assure proper implementation of BMPs, maintenance and care SWM BMPs should be inspected by a qualified person, which may include the landowner, or the owner's designee, according to the following minimum frequencies:
[1] 
Annually starting at the time of final inspection and release of financial security by the Township.
[2] 
During or immediately after the cessation of a 10-year or greater storm.
[3] 
As specified in the O&M Agreement pursuant to § 270-62.
(b) 
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
(c) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.
(d) 
Re-establishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures and planting criteria shall be subject to approval by the Township. Appendix F to this chapter provides seed mix templates for guidance.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Riparian forest buffer management plan prepared in accordance with Chapter 102, Section 14(b)(4)[2] if required.
[2]
Editor's Note: See 25 Pa. Code § 102.14(b)(4).
(3) 
Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent SWM facilities and erosion and sedimentation control facilities.
(4) 
Establishment of suitable easements for access to all facilities.
(5) 
Two copies of the inspection report required in § 270-63B(1)(a) shall be provided to the Township within 60 days of completion of the inspection.
[Amended 8-17-2022 by Ord. No. 298]
Maintenance of SWM facilities during development shall be the responsibility of the developer and shall include, but not be limited to:
A. 
Removal of silt from all debris basins, traps or other structures or measures when 60% of capacity is filled with silt.
B. 
Periodic maintenance of temporary control 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 been established.
D. 
Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies.
E. 
The contractor or developer shall be responsible for removal of all temporary measures and installation of permanent measures upon completion of the development.
F. 
All other maintenance activities that may be necessary as directed by the Township.
A. 
The Township reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any SWM facilities to the Township.
B. 
If SWM facilities are accepted by the Township, the landowner/developer shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to defray costs of periodic inspections and maintenance expenses. This fee shall be provided to the Township prior to unconditional plan approval. The amount of the deposit shall be determined as follows subject to the approval of the Board of Supervisors:
(1) 
The deposit shall cover the estimated costs for maintenance and inspections for 25 years. The Township will establish the estimated costs according to the O&M requirements outlined in the approved O&M plan.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values.
(3) 
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
C. 
Maintenance shall be conducted as necessary to provide for the continued functioning of the SWM facility. Costs of inspections, maintenance and repairs are recoverable from the Municipal Stormwater Maintenance Fund.
[Amended 8-17-2022 by Ord. No. 298]
A. 
SWM facilities existing on the effective date of this chapter 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 landowners. Such maintenance shall include at a minimum those items set forth in § 270-63B above. The private entity (homeowners association or landowner) must observe and document the BMP is performing as intended (e.g. draining within the time specified in the facility design). If the Township determines at any time that any permanent SWM facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance and the Township shall notify the landowner of corrective measures that are required, and provide for a reasonable period of time, not to exceed 30 days, within which the landowner shall take such corrective action. If the landowner 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 landowner 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 landowner within 30 days, the Township may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Township shall have the right to choose among the remedies and may use one or more remedies concurrently.
[Added 8-17-2022 by Ord. No. 298]
A. 
The Township is subject to the terms and conditions of an issued MS4 Permit. One condition included in the permit requires the Township to ensure stormwater management facilities and BMPs are operating as intended/designed and maintained as required. To meet this condition, the Township requires the completion and return of an O&M verification form for each stormwater management facility and BMP owners annually verifying inspections and maintenance is occurring.
B. 
Contact the Township to obtain copies of the O&M verification forms.