[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.
[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.