Unless otherwise noted or if a facility is located within a
Borough right-of-way, operation and maintenance of stormwater management
facilities and conveyance systems is the sole responsibility of the
property owner or assigns, in perpetuity.
A.
The Borough shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The Borough 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 Borough will accept the facilities.
The Borough 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 SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
C.
The O&M Plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.
No person shall modify, remove, fill, landscape, or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the Borough, with the exception of necessary maintenance activities
such as mowing.
E.
The Borough may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
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 agreement.
(2)
The owner shall convey to the Borough conservation easements to assure
access for periodic inspections by the Borough and maintenance, as
necessary.
(3)
The owner shall keep on file with the Borough 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 Borough within 10 working days of the change.
[1]
Editor's Note: The appendices are included are attachments
at the end of this chapter.
B.
The owner is responsible for the operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the Borough may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the Borough 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 through
10511.
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 Borough for a period of 10 years, as estimated by the Borough
Engineer. After that period of time, inspection expenses will be assessed
by the Borough on an as-needed basis thereafter.
B.
If the storage facility is to be owned and maintained by the Borough,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The Borough 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 the present
worth of the annual series values. The Borough Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
