A.
The Township shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the stormwater
management site plan. The Township may require a dedication of such
facilities as part of the requirements for approval of the stormwater
management 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
as deed restrictions or conservation easements that run with the land.
C.
The operation and maintenance plans and agreements shall be recorded
as a restrictive deed covenant that runs with the land.
Prior to final approval of the development site's stormwater
management site plan, the record owner of the development site shall
sign and record an operation and maintenance agreement covering all
stormwater control facilities that are to be privately owned. Said
agreement, as provided in Appendix F, is attached and made part hereto.
The agreement shall stipulate that:
A.
The landowner, successor and assignees shall maintain all facilities
in good working order in accordance with the approved maintenance
schedule and shall keep all facilities in a safe manner.
B.
The landowner shall convey to the Township easements and/or rights-of-way
to assure access for periodic inspections by the Township and maintenance,
if required.
C.
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 will be submitted
to the Township within 10 days of the change.
D.
In the case of condominium and planned communities, separate agreements
will be entered and be in a legal form capable of being enforced against
the common elements and the ownership interests of the individual
units or properties, as the case may be, so that the Township has
the ability to force compliance with the provisions of such agreements
and to assess the cost (as set forth in this chapter) against all
owners so that the Township does not incur out-of-pocket expenses.
E.
The owner is responsible for operation and maintenance (O&M)
of the stormwater management BMPs. If the owner fails to adhere to
the operation and maintenance 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.
F.
Where drainage facilities are approved within a state highway, a
perpetual agreement or bond shall be required of the applicant for
maintenance of said facilities.
G.
Where the NPDES permit for the project requires that BMPs be installed,
annual written reporting of the inspection and maintenance of those
BMPs shall be included in the program.
A.
A financial security (bond, restricted account or letter of credit)
for stormwater-related improvements shall be supplied by the applicant
in conjunction with the subdivision/land development approval, or
in conjunction with the stormwater management site plan approval if
no subdivision/land development plan is required.
B.
The applicant shall provide a financial security to the Township
for the timely installation and proper construction of all stormwater
management facilities, as required by the approved stormwater management
site plan and this chapter and, as applicable, in accordance with
the provisions of Article 5 of the MPC.
C.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township to release
or authorize the release of, from time to time, such portions of the
financial security necessary for the payment to the contractor or
contractors performing the work. Any such request shall be in writing
and addressed to the Supervisors, and the Supervisors shall have 45
days from the receipt of such request to allow the Township Engineer
to certify, in writing, to the Supervisors that such portion of the
work has been completed in accordance with the approved plan. Upon
such certification, the Supervisors shall authorize release from the
required financial security of an amount as estimated by the Township
Engineer as representing the value of the work completed.
D.
In the event that any stormwater management facilities which may
be required have not been installed as provided in the approved stormwater
management site plan, the Supervisors are hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the stormwater management facilities covered by
said security, the Supervisors may, at their option, install part
of such stormwater management facilities and may institute appropriate
legal or equitable action to recover the monies necessary to complete
the remainder of the stormwater management facilities. All of the
proceeds, whether resulting from the security or from any legal or
equitable action brought against the applicant, or both, shall be
used solely for the installation of the stormwater management facilities
covered by such security and not for any other municipal purpose.
E.
For stormwater management site plans that are required to have an
NPDES permit and a financial security to the Township is required,
evidence of the NPDES permit's executed "notice of termination" shall
be provided to the Township prior to the release of the financial
security.
A.
Maintenance of stormwater management facilities shall include, but
not be limited to, the following:
(1)
Regular inspection of the stormwater management facilities to assure proper implementation of BMPs, maintenance and care, as per Subsection B below.
(2)
All pipes, swales and detention facilities shall be kept free of
any debris or other obstruction and in original design condition.
(3)
Removal of silt from all permanent structures which trap silt or
sediment in order to keep the material from building up in stormwater
management facilities and thus reducing their capacity to convey or
store water.
(4)
Mowing grass areas as necessary to maintain adequate growth and to
control weeds. Chemical weed control may be used to maintain the specified
planting (i.e., grass, wetlands plants, etc.) if federal, state and
local laws and regulations are met.
(5)
Liming and fertilizing vegetated channels and other areas according
to the specifications in the PADEP Erosion and Sediment Pollution
Control Manual.
(6)
Reestablishment of vegetation by seeding and mulching or sodding
of scoured areas or areas where vegetation has not been successfully
established. Selection of seed mixtures shall be subject to approval
by the Township.
(7)
Where the NPDES permit for the project requires that BMPs be installed,
annual written reporting of the inspection and maintenance of those
BMPs shall be provided to the Township. LID practices shall be included
in the annual written report. A form for reporting shall be available
at the Township Office. Failure to provide such reports may result
in enforcement and penalties by the Township.
B.
Stormwater management BMPs shall be inspected by the landowner, or
the landowner's designee (including the Township for dedicated and
owned facilities), according to the following list of minimum frequencies:
C.
The Township reserves the right to accept or reject any proposal
to dedicate ownership and operating responsibility of any stormwater
management facilities to the Township.
Stormwater management 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 § 229-58 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 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.
A.
Any modification which involves a change in stormwater management control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require the submission of a revised plan by the applicant in accordance with the plan requirements as set forth in Article III of this chapter.
B.
Any replatting, revision, or resubdivision of recorded plans or any
replatting, revision, or resubdivision of any approved final plan
which has not been recorded, including lot grading plans in subdivisions,
shall be considered as a new application and shall comply with all
the requirements of this chapter.
Prior to the final release of the financial security, the applicant
shall provide the Township with one Mylar, two paper copies, and a
portable document format (PDF) file of the final as-built plan showing
the following:
A.
Actual location of the floodplain by elevation and dimensions from
property lines.
B.
Actual location and cross section of swales and accompanying easements.
C.
Actual horizontal and vertical location of stormwater management
facilities, including type and size of storm drainage pipes.
D.
Aboveground (as defined in § 229-47A) storage facilities:
(1)
Actual contours of the stormwater management facility.
(2)
Actual outlet structure details, including type, size and inverts
of outlet pipes.
(3)
Actual elevation of the embankment and emergency spillway.
(4)
A table showing the stage/storage/discharge curve for the constructed
conditions.
(5)
A table providing a comparison of the approved design vs. the as-built
discharge rates from all stormwater management facilities.
E.
When a digital submission of an as-built plan is required, all coordinates
as depicted on the plan shall be based on the PA South Zone State
Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
F.
The as-built plan submission shall include a certification of completion
signed by the applicant's qualified professional verifying that all
permanent stormwater management BMPs have been constructed according
to the approved plans and specifications. If any qualified licensed
professionals contributed to the construction plans, then a qualified
licensed professional must sign the completion certificate.
A.
The following connections are prohibited, except as provided in § 229-62C below:
(1)
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water, to enter a separate storm sewer system (if applicable)
or waters of this commonwealth and any connections to the storm drain
system from indoor drains and sinks; and
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system (if applicable) which
has not been documented in plans, maps, or equivalent records and
approved by the Township.
C.
The following discharges are authorized unless they are determined
by the Township or PADEP to be significant contributors to pollution
to the waters of this commonwealth:
(1)
Discharges from firefighting activities.
(2)
Potable water sources, including water line flushing.
(3)
Springs.
(4)
Air-conditioning condensate.
(5)
Water from crawl space pumps.
(6)
Flows from riparian habitats and wetlands, diverted stream flows.
(7)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(8)
Irrigation and landscape irrigation drainage.
(9)
Uncontaminated water from foundations or from footing drains.
(10)
Lawn watering.
(11)
Dechlorinated swimming pool discharges.
(12)
Uncontaminated pumped groundwater, rising groundwater, and groundwater
infiltration.
(13)
Water from individual residential car washing.
(14)
Routine external building wash down (which does not use detergents
or other compounds).
Roof drains and sump pumps shall discharge, to the maximum extent
practicable, to infiltration or vegetative BMPs.
As required in § 229-34A, the stormwater management site plan shall include a note on the plan informing the owner that the Township shall have the right of entry for the purposes of inspecting all stormwater conveyance, treatment, or storage facilities.
In the event that any person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a reasonable time limit for correction
of the violation(s). Failure to comply within the time specified shall
subject such person to the penalty provisions of this chapter. All
such penalties shall be deemed cumulative and shall not preclude the
Township from pursuing any and all other remedies.
A.
The Supervisors are hereby authorized and directed to enforce all
of the provisions of this chapter. All inspections regarding compliance
with the stormwater management site plan shall be the responsibility
of the Township Engineer or other qualified persons designated by
the Township.
(1)
The Township may provide a limited time period for the owner to correct
any violation. In these cases, the Township will provide the owner,
or the owner's designee, with a written notice of the violation and
the time period allowed for the owner to correct the violation. If
the owner does not correct the violation within the allowed time period,
the Township may revoke or suspend any, or all, applicable approvals
and permits pertaining to any provision of this chapter.
(2)
Any approval or permit issued by the Township pursuant to this chapter
may be suspended or revoked for:
(a)
Noncompliance with or failure to implement any provision of
the approved stormwater management site plan or operation and maintenance
agreement.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(c)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
or pollution, or endangers the life or property of others.
(3)
A suspended approval may be reinstated by the Township when the Township
has inspected and approved the corrections to the violations that
caused the suspension.
(4)
An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
B.
It shall be a violation of this chapter to commit any of the following
acts:
(1)
To commence regulated activities prior to obtaining unconditional
approval of a stormwater management site plan or in violation of the
terms or conditions of a stormwater management site plan approved
under this chapter.
(2)
To install, repair, modify or alter stormwater management facilities
prior to obtaining approvals under this chapter or in a manner which
violates the terms and conditions of any approval issued under this
chapter.
(3)
To misuse or fail to maintain any stormwater management facility
installed upon a property.
(4)
To construct any improvements upon, grade, fill, place any structure,
landscaping or vegetation, or take any other action which will impair
the proper functioning of any stormwater management facility without
the written approval of the Township.
(5)
To place false information on, or omit relevant information from,
an application for approval under this chapter.
(6)
To fail to comply with any other provisions of this chapter.
A.
For each violation of the provisions of this chapter, the owner,
agent, lessee, or contractor or any other person who commits, takes
part in, or assists in any such violation shall be liable, upon conviction
thereof in a summary proceeding, to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. Each day or portion thereof on which a violation exists
shall be considered a separate violation of this chapter, and each
section of this chapter which is violated shall be considered a separate
violation.
B.
The Township may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at law may be initiated before any court of competent
jurisdiction. In cases of emergency where, in the opinion of the court,
the circumstances of the case require immediate abatement of the unlawful
conduct, the court may, in its decree, fix a reasonable time during
which the person responsible for the unlawful conduct shall correct
or abate the same. The expense of such proceedings shall be recoverable
from the person responsible for the unlawful conduct in such manner
as may now or hereafter be provided by law.
C.
The Supervisors may also take actions relating to suspension or revocation of permits set forth in § 229-66.
D.
The Supervisors may, by resolution, appoint a Code Enforcement Officer
to enforce this chapter and may authorize such Code Enforcement Officer
to institute summary criminal proceedings without prior action by
the Supervisors.
A.
Any person aggrieved by any action of the Township or its designee may appeal to Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. § 401 et seq.
B.
Any person aggrieved by any decision of Supervisors may appeal to
the Lancaster County Court of Common Pleas within 30 days of that
decision, in accordance with Article VII of Local Agency Law, 2 Pa.
C.S.A § 701 et seq.
This chapter shall take effect and be in force five days after
its enactment by the Supervisors of the Township of Lancaster, as
provided by law.
