[Ord. 954, 12/19/2013]
1.Â
The landowner, successor and assigns shall maintain all SWM facilities
in good working order in accordance with the approved O&M plan.
2.Â
The landowner shall convey to the Borough easements to assure the
Borough the right, but not the responsibility, to access the site
for inspections and maintenance.
3.Â
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.
4.Â
Enumerate permanent SWM facilities as permanent real estate appurtenances
and record as deed restrictions or easements that run with the land.
5.Â
The record owner of the development site shall sign and record an
operation and maintenance (O&M) agreement (stormwater management
agreement) covering all SWM facilities, including riparian buffers
and riparian forest buffers, which are to be privately owned. Said
agreement, designated as Appendix D, is attached hereto and made part
hereof.[1] The O&M plan and agreement shall be recorded as a
restrictive covenant agreement that runs with the land.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
[Ord. 954, 12/19/2013]
[Ord. 954, 12/19/2013]
1.Â
The O&M plan shall clearly establish the operation and maintenance
necessary to ensure the proper functioning of all temporary and permanent
SWM facilities and E&S control facilities.
2.Â
The following shall be addressed in the O&M plan:
A.Â
A description of maintenance requirements, including, but not limited
to, the following:
(1)Â
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 by Ord. No. 1004, 8/18/2022]
(a)Â
Annually for the first five years.
(b)Â
Once every three years thereafter.
(c)Â
During or immediately after the cessation of a ten-year-or-greater
storm (4.5 inches or greater in a twenty-four-hour period).
(d)Â
As specified in the recorded agreement pursuant to § 602.
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Inspections should be conducted during or immediately following
precipitation events of three inches or more with in a twenty-four-hour
period. 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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(2)Â
All pipes, swales and detention facilities shall be kept free
of any debris or other obstruction and in original design condition.
(3)Â
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.
(4)Â
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.
B.Â
A riparian forest buffer management plan prepared in accordance with
Chapter 102, § 14(b)(4), if required.
C.Â
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent SWM and E&S facilities.
D.Â
Establishment of suitable easements for access to all SWM facilities.
[Ord. 954, 12/19/2013]
1.Â
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 § 603,
Subsection 2A, 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.
[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
1.Â
No person shall modify, remove, fill, landscape or alter SWM facilities
and/or BMP facilities which may have been installed on a property
unless a stormwater management permit has been obtained to permit
such modification, removal, filling, landscaping or alteration. No
person shall place any structure, fill, landscaping or vegetation
into an SWM facility, a BMP facility or within a drainage easement.
