Township of Connoquenessing, PA Article VIII Maintenance Responsibilities

§ 230-30 Responsibility for operation and maintenance.

A. The SWM site plan and report for the project site shall describe the future operation and maintenance responsibilities of the stormwater facilities. The operation and maintenance description shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater control facilities.

B. The SWM site plan and report for the project site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principles:

(1) If a development site is to be maintained in a single ownership (e.g., a commercial development) or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities/BMPs shall be the responsibility of the owner or private management entity.

(2) The municipality may take enforcement actions against an applicant for failure to satisfy any provision of this chapter.

C. The municipality, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan and report.

D. It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM site plan, or to allow the property to remain in a condition, which does not conform to an approved SWM site plan, unless the municipality grants an exception in writing.

§ 230-31 Operation and maintenance agreements.

A. Prior to final approval of the SWM site plan and report, the applicant shall sign the Operation and Maintenance (O&M) Agreement (Appendix A),[1] or similar agreement, covering all stormwater control facilities that are to be privately owned. The Operation and Maintenance (O&M) Agreement shall be recorded with the SWM site plan and made a part hereto.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

B. Other items may be included in the Operation and Maintenance (O&M) Agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities. The Operation and Maintenance (O&M) Agreement shall be subject to the review and approval of the municipality and the Municipal Solicitor.

C. The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the Operation and Maintenance (O&M) Agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.