Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 221-30 Responsibilities of developers and landowners.

A. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Township may require a dedication of such facilities as part of the requirements for approval of the SWM site plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded in the York County Recorder of Deeds as deed restrictions or easements that run with the land.
(1) 
Stormwater BMPs that are installed to control runoff from a single residential lot or use shall have an easement executed by the property owner and the easement shall be filed with the Township.
C. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
(1) 
O&M plans for regulated activities on a single residential lot or use shall be developed by the applicant and submitted to the Township for approval and filing.
D. 
No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Township, with the exception of necessary maintenance activities such as mowing.
E. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.

§ 221-31 Operation and maintenance agreements.

A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (See Appendix A.[1]) covering all stormwater control facilities which are to be privately owned.
(1) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan.
(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 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.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
C. 
The Township is exempt from the requirement to sign and record an operation and maintenance agreement.

§ 221-32 Performance guarantee.

For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this chapter in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511.

§ 221-33 Maintenance guarantee.

For SWM site plans that involve the dedication of all or some of the required improvements following completion, the Township may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the SWM site plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 221-32 with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements in accordance with the provisions of Section 509 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.

§ 221-34 Municipal Stormwater Maintenance Fund.

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 West Manheim Township for a period of 10 years, as estimated by the West Manheim Township Engineer. After that period of time, inspection expenses will be assessed by West Manheim Township on an as-needed basis thereafter.
B. 
If the storage facility is to be owned and maintained by West Manheim Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The West Manheim Township 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 West Manheim Township Engineer shall determine the present worth equivalents which shall be subject to the approval of the governing body.
D. 
The general formula for calculating the annual inspection fee shall be as follows:
ITi x IR x Ni = ICi
ICi + ICii +. . . = IC
0.25(IC) = AC
IC + AC = Annual Inspection Cost
Where:
ITi
=
Inspection time per SWM BMP (varies per BMP)
IR
=
Inspection rate (varies per year)
Ni
=
Quantity of particular SWM BMP
ICi
=
Inspection cost for particular SWM BMP
IC
=
Total inspection cost of all SWM BMPs
AC
=
Administrative cost