Easements provided in compliance with this section shall be
depicted graphically on all subdivision, land development and SWM
site plans. The provisions in Subsections C through F of this section
shall be stated in note form on all subdivision, land development
and SWM site plans.
A. Where a development site is traversed by federal or state-regulated
natural watercourses, drainage easements shall be provided conforming
to the alignment of the watercourse and the physical limits of any
associated features that are regulated. If the physical limits of
the regulated features are not known, then the width of the easement
shall be equal to the top width of the maximum anticipated flow in
the watercourse during a one-hundred-year design storm event, or 20
feet, whichever is greater.
B. Access easements shall be provided around all community stormwater
management facilities are required to provide ingress to and egress
from a public right-of-way. Access easements shall have a minimum
width of 20 feet and be centered on the facility (i.e. pipe, swale)
to which access is being provided. For storage, retention and infiltration
facilities easements shall be provided conforming substantially to
the size, shape and configuration of each facility.
C. Where individual on-lot controls are proposed, the Township shall
be granted access to inspect on-lot facilities in the event of a malfunction.
D. No person shall place any obstruction or encroachment in an easement
associated with a federal or state-regulated resource without prior
written authorization by the appropriate regulatory authority.
E. No person shall place any obstruction or encroachment in a stormwater
facility or drainage easement without prior written authorization
by the Township.
F. The Township, its agents and employees shall have the right to enter
easement areas where stormwater management and erosion and sediment
control facilities are located for the purpose of inspecting and,
if necessary, maintaining or repairing, said facilities.
Persons installing stormwater management facilities, the purpose of which is to control stormwater runoff for community uses, shall be required to pay a specified amount to the Township for a stormwater maintenance fund to help defray the Township's costs of periodic inspections. In addition, the Township may require other stormwater management facilities to pay a specified amount to the stormwater maintenance fund if, in the discretion of the Township or its engineer or other designated official, such facility exhibits characteristics that pose a threat or potential threat to public health or safety. The amount of the deposit shall be calculated to cover the cost of periodic inspections performed by the Township for a period of 11 years, as estimated by the Township's Engineer. After that period of time, inspections will be performed by the then-current owner of the stormwater management facility at the owner's expense, on the schedule established by §
158-36 of this chapter.