Borough of Palmyra, PA Article VIII Maintenance Responsibilities

§ 310-27 Financial guarantee.

A. The applicant shall provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this chapter, equal to 110% of the full construction cost of the required controls in accordance with the MPC.

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 Borough to certify compliance with this chapter, after receipt of the certification of completion and record drawings by the Borough.

§ 310-28 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 Borough, stormwater control facilities/BMPs may also be dedicated to and maintained by the Borough.

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

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

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

D. If the Borough accepts ownership of stormwater BMPs, the Borough may, at its discretion, require a fee from the applicant to the Borough 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 Borough grants an exception in writing.

§ 310-29 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 hereto.

[Amended 9-13-2022 by Ord. No. 819]

(1) The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.

(2) The owner shall convey to the Borough easements to ensure access for periodic inspections by the Borough and maintenance, as necessary.

(3) The owner 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 shall be submitted by the owner to the Borough within 10 working days of the change.

[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 Borough and the Municipal Solicitor. As part of the Operation and Maintenance (O&M) Agreement, the owner shall provide a written annual report to the Borough documenting the O&M for all BMP facilities.

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

§ 310-29.1 Maintenance of existing facilities/BMPs.

[Added 4-23-2019 by Ord. No. 792]

Stormwater management facilities and BMPs existing on the effective date of this section 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 Subsection A below. If the Borough determines at any time that any permanent stormwater management facility or BMP has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance. The development of a sinkhole within a stormwater management facility or a BMP shall constitute a nuisance and a failure to properly maintain the stormwater management facility or BMP. The Borough shall notify the landowner of the violation of this section and the corrective measures that are required and provide for a reasonable period of time, not to exceed 30 days, within which the landowner 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 landowner within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with applicable laws. The Borough may also bring an enforcement action in accordance with Article X. The Borough shall have the right to choose among the remedies or may use one or more of the remedies concurrently.

A. Maintenance of existing stormwater management facilities and BMPs shall include, at a minimum:

(1) Regular inspection of the stormwater management facilities and BMPs to assure the proper implementation of BMPs, proper operation, maintenance and care. Such inspections shall be at a minimum of annually for the first five years, once every three years thereafter, and during or immediately after the cessation of a ten-year or greater storm or as specified in any operations and maintenance agreement.

(2) All pipes, swales and detention facilities shall be kept free from any debris or other obstruction and in original design condition.

(3) Removal of all 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) Reestablishment of vegetation in scoured areas or areas where vegetation has not been successfully established.

(5) Regular maintenance of all facilities designed to improve water quality to insure that such facilities function in accordance with their design.

B. The landowner shall promptly notify the Borough if any sinkhole develops within a stormwater management facility.

§ 310-29.2 Inspections.

[Added 9-13-2022 by Ord. No. 819]

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:

(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.

B. Inspections should be conducted during or immediately following precipitation events. 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.