Borough of Elizabethtown, PA
Lancaster County
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Table of Contents
Table of Contents
[Ord. 954, 12/19/2013]
The landowner, successor and assigns shall maintain all SWM facilities in good working order in accordance with the approved O&M plan.
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.
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.
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
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.
Editor's Note: Appendix D is included as an attachment to this chapter.
[Ord. 954, 12/19/2013]
The operation and maintenance agreement shall be subject to the review and approval of the Borough Solicitor, Borough Engineer and Borough Council.
The Borough is exempt from the requirement to sign and record an O&M agreement.
[Ord. 954, 12/19/2013]
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.
The following shall be addressed in the O&M plan:
A description of maintenance requirements, including, but not limited to, the following:
Regular inspection of the SWM facilities. To assure proper implementation of BMPs, maintenance and care SWM BMPs shall be inspected by a qualified person, which may include the landowner, or the owner's designee (including the Borough for dedicated and owned facilities), according to the following minimum frequencies:
Annually for the first five years.
Once every three years thereafter.
During or immediately after the cessation of a ten-year or greater storm (six-inch equivalent).
As specified in the O&M agreement pursuant to § 602.
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
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.
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.
A riparian forest buffer management plan prepared in accordance with Chapter 102, § 14(b)(4), if required.
Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent SWM and E&S facilities.
Establishment of suitable easements for access to all SWM facilities.
[Ord. 954, 12/19/2013]
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]
The following note shall be included on the cover page: "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."