A.
The landowner, successor and assigns shall maintain all stormwater
management facilities in good working order in accordance with the
approve O&M plan.
B.
The landowner shall convey to the Borough easements to ensure access
for inspections and maintenance, if required.
C.
The landowner 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 will be submitted
to the Borough within 10 days of the change.
D.
Enumerate permanent SWM facilities as permanent real estate appurtenances
and record as easements that run with the land. The easement area
shall include all areas with amended soils.
E.
The record owner of the development site shall sign and record an
operation and maintenance (O&M) agreement covering all stormwater
management facilities, including riparian buffers and riparian forest
buffers, which are to be privately owned. Said agreement, designated
as Appendix 7[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 on file in the Borough offices.
F.
The Borough may take enforcement actions against a landowner for
any failure to satisfy the provisions of this article.
A.
The O&M plan shall clearly establish the operation and maintenance
necessary to ensure the proper functioning of all temporary and permanent
stormwater management 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)
The landowner or the owner's designee (including the Borough
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
[Amended 8-1-2022 by Ord. No. 3-22]
[1]
Annually for the first five years.
[2]
Once every three years thereafter.
[3]
During or immediately after the cessation of a ten-year or greater
storm.
[4]
As specified in the recorded agreement pursuant to § 226-62.
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Inspections should be conducted during or immediately following
precipitation events of 2.5 inches with in a twenty-four-hour period
which represents the NOAA one-year, twenty-four-hour return storm
event. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Borough within
30 days following completion of the inspection.
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(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)
Reestablishment of vegetation of scoured areas or areas where
vegetation has not been successfully established. Selection of seed
mixtures shall be subject to approval by the Borough.
(2)
Riparian forest buffer management plan prepared in accordance with
25 Pa. Code Chapter 102, § 14(b)(4), if required.
(3)
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent stormwater management and erosion and sedimentation control
facilities.
(5)
Identification of the amount of impervious coverage on each lot, measured in square feet, for which the SWM facilities have been designed. For lots intended for development of a single residential dwelling unit, the maximum permitted impervious coverage used for the design shall be the maximum permitted impervious coverage for the zoning district in accordance with Chapter 270, Zoning.
A.
The Borough reserves the right to accept or reject the ownership
and operating responsibility of any SWM facilities.
B.
If SWM facilities are accepted by the Borough for dedication, the
landowner/developer shall be required to pay a specified amount to
the Borough to defray costs of periodic inspections and maintenance
expenses. This fee shall be provided to the Borough prior to unconditional
plan approval. The amount of the deposit shall be determined as follows
subject to the approval of Borough Council:
(1)
The deposit shall cover the estimated costs for maintenance and inspections
for 25 years. The Borough 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 Borough may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purpose.
C.
If at any time a dedicated storage facility is eliminated due to
the installation of storm sewers or other storage facility such as
a regional detention facility, the unused portion of the maintenance
fund deposit will be applied to the cost of abandoning the facility
and connecting to the storm sewer system or other facility. Any amount
of the deposit remaining after the costs of abandonment are paid will
be returned to the depositor.
SWM facilities existing on the effective date of this chapter which have not been accepted by the Borough 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 § 226-63B(1) above. If the Borough 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 Borough 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 property owner shall take such corrective action. If the landowner does not take the required corrective action, the Borough 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 property owner within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Borough shall have the right to choose among the remedies and may use one or more remedies concurrently.
