City of Harrisburg, PA Chapter 9-917 Maintenance Responsibilities

[HISTORY: Adopted by the City Council of the City of Harrisburg 5-14-2013 by Ord. No. 6-2013.[1] Amendments noted where applicable.]

CROSS-REFERENCES

Stormwater Management Act: see 32 P.S. § 680.1 et seq.

[1] Editor's Note: This ordinance also repealed former Part 9 (Chs. 9-901 through 9-915), Spring Creek and Paxton Creek Watershed Stormwater Management Plan, adopted 11-12-2006 by Ord. No. 17-2006, as amended.

§ 9-917.1 Financial guarantee.

A. The applicant shall provide a financial guarantee to the City of Harrisburg for the timely installation and proper construction of all stormwater management controls, as required by the approved SWM site plan and this Part 9, equal to 110% of the full construction cost of the required controls in accordance with the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. At the completion of the project and as a prerequisite for the release of the Financial Guarantee, the applicant shall:

(1) Provide a certification of completion, from an engineer, architect, surveyor or other qualified professional, verifying that all permanent facilities have been constructed according to the SWM site plan and report and approved revisions thereto.

(2) Provide a set of record drawings.

(3) Request a final inspection from the City of Harrisburg to certify compliance with this Part 9, after receipt of the certification of completion and record drawings by the City of Harrisburg.

§ 9-917.2 Operation and maintenance responsibilities.

A. The SWM site plan and report for the project site shall describe the future operation and maintenance responsibilities. 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 operation and maintenance of all proposed stormwater control facilities, consistent with the following principles:

(1) If a development consists of structures or lots that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the City of Harrisburg, stormwater control facilities/BMPs may also be dedicated to and maintained by the City of Harrisburg.

(2) If a development site is to be maintained in a single ownership 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.

(3) Facilities, areas, or structures used as stormwater BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.

(4) The SWM site plan and the operation and maintenance (O&M) agreement shall be recorded as a restrictive deed covenant that runs with the land.

(5) The city of Harrisburg may take enforcement actions against an applicant for failure to satisfy any provision of this Part 9.

C. The city of Harrisburg, upon recommendation of the City Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan and report. The city of Harrisburg 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 City of Harrisburg will accept the facilities. The City of Harrisburg reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.

D. If the City of Harrisburg accepts ownership of stormwater BMPs, the City of Harrisburg may, at its discretion, require a fee from the applicant to the City of Harrisburg to offset the future cost of inspections, operations, and maintenance.

E. 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 City of Harrisburg grants an exception in writing.

§ 9-917.3 Maintenance agreement for privately owned stormwater facilities.

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] 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 thereof.

[1] Editor's Note: See Appendixes A, B, and C, are included as attachments to this Part 9.

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 City of Harrisburg and the City 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 City of Harrisburg may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.