The developer shall maintain all streets in the subdivision or development in travelable condition, including the prompt removal of snow and ice therefrom, until such time as the streets are accepted by the Borough as part of the Borough highway system or, if such streets are not to be dedicated, until a homeowners' association or other entity responsible for the maintenance of the streets has been formed and has accepted such maintenance responsibility.
A. 
It is the purpose of this article that the Borough shall not become responsible for maintenance and supervision of developed areas. Such responsibility falls upon the party responsible for land development who shall remain personally responsible for those areas of the development which are subject to the requirements of this article. This responsibility may be retained or assigned to third persons as is deemed most acceptable to the party responsible for land development. In the event that any portion of land development would, but for the existence of areas requiring maintenance subject to this article, be dedicated to the Borough, the contractor or developer may make application to the Borough for acceptance by the Borough of such portions of the land development. In the event that the Borough, by formal action, accepts such portions of land development, maintenance and responsibility for such portions shall fall upon the Borough.
B. 
It is the intent of this article that the purposes of the article shall be carried out through the exercise of responsibility by private parties, and therefore it is anticipated that control plans shall be developed with the view towards projects which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, with respect to portions or parts of a project as shown on a plan of a developer or contractor, which portions will not otherwise become part of municipal property, such portions shall become the responsibility of the individual property owners on whose property such portions of a project lie, including but not limited to retention ponds, detention ponds, sediment basins, energy dissipators or grassed waterways. Where an applicant proposes that the stormwater management facilities be maintained by an individual lot owner, the applicant must be able to prove, to the satisfaction of Borough Council, that said individual lot owner has the capability to maintain said stormwater management facilities. Persons, including contractors and developers conveying property of a development to another party, which property contains any portions of a land-disturbance plan, after that plan has been established, shall include a specific deed reference to such grantee's responsibility for the maintenance and care of the portions of such project as are included within said grantee's conveyed property. The deed reference to such portions shall be in the form of a deed restriction imposing responsibilities upon said property owner for the maintenance of the portions of the project within the boundary lines of said property as may be necessary for proper maintenance of the project in accordance with the terms of this chapter. Such maintenance shall include the following:
(1) 
Liming and fertilizing vegetated channels and other areas according to specifications in the Penn State Agronomy Guide.
(2) 
Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.
(3) 
Mowing as necessary to maintain adequate strands of grass and to control weeds. Chemical weed control may be used if state and local regulations are met.
(4) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways thus reducing their capacity.
(5) 
Regular inspection of the areas in question to assure proper maintenance and care.
(6) 
Removal of silt from all permanent drainage structures, in particular BMPs, in order to maintain the design storage volumes. Regular programs shall be established and maintained.
C. 
The deed restrictions hereinabove mentioned shall also include notice that in the event the individual property owners should fail to comply with the terms of this chapter for the maintenance and care of the land in question, the Borough shall have the authority to carry out those duties hereby imposed upon individual property owners. The Borough may, after giving notice to an individual property owner that he is not properly maintaining the areas subject to this article and by making demand that such compliance shall be made within 30 days, enter upon said private property and take such actions as may be required to bring the area into compliance with this article. The Borough shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this section. The Borough shall, in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner who should fail to comply with the terms of this article.
D. 
Stormwater management facilities existing on the effective date of this chapter on individual lots, 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 property owners. Such maintenance shall include at a minimum those items set forth in Subsection B above. If the Borough determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials or improperly maintained, the Borough may determine that such condition constitutes a nuisance and shall notify the property owner of corrective measures which 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 property owner 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 property owner 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 applicable laws.
E. 
Where Borough Council accepts dedication of all or some of the required stormwater management facilities following completion, Borough Council may require the posting of financial security to secure structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required with regard to installation of such facilities, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said facilities.
F. 
If the developer proposes the private reservation of stormwater facilities, the developer shall provide for the maintenance of such facilities through either the inclusion of such facilities as common elements of a condominium or the creation of a homeowners' association which shall meet the requirements for a unit owners' association contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall be recorded, shall provide that the land cannot be further developed, and shall give the Borough the rights to maintain the land as set forth in Article VII of the Municipalities Planning Code dealing with the maintenance of common open space in planned residential developments.
No person shall modify, remove, fill, landscape or alter stormwater management facilities and/or BMP facilities which may have been installed on a property unless written permission has been obtained from the Borough to permit such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility, a BMP facility or within a drainage easement which will limit or alter the functioning of the facility or easement in any manner.
A. 
Obstructions to vision. No bushes or shrubs exceeding 30 inches in height or at such lesser height which due to ground elevations would obstruct the visions of motorists shall be permitted within any required clear sight triangle. All street trees shall be kept free of branches and foliage from the ground level to a height of at least six feet.
B. 
Any tree, bush or shrub, planted to meet a buffering, screening or street tree requirement of Chapter 320, Zoning, or of this chapter, which dies shall be replaced within 18 months.
[Added 11-4-2003 by Ord. No. 310]
A. 
Prohibited discharges.
(1) 
No person in the Borough shall allow or cause to allow stormwater discharges into the Borough's separate storm sewer system which are not composed entirely of stormwater, except discharges allowed under a state or federal permit.
(2) 
The Borough may allow discharges under a Borough NPDES permit based on a finding by the Borough that the discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth. Examples of discharges which the Borough may allow are:
(a) 
Waterline flushing.
(b) 
Landscape irrigation.
(c) 
Diverted stream flows.
(d) 
Rising groundwaters.
(e) 
Lawn watering.
(f) 
Street wash water.
(g) 
Springs.
(h) 
Individual residential car washing.
(i) 
Dechlorinated swimming pool discharges.
(j) 
Discharges from potable sources.
(k) 
Discharges from fountain drains.
(l) 
Air-conditioning condensation.
(m) 
Irrigation waters.
(n) 
Flows from riparian habitats and wetlands.
(o) 
Uncontaminated pumped groundwater.
(p) 
Water from crawl space pumps.
(q) 
Footing drains.
(r) 
Discharges from firefighting activities including training.
(3) 
In the event that the Borough subsequently determines that any of the discharges identified in Subsection A(2) significantly contribute to pollution of waters of the commonwealth, the Borough will notify the responsible person to cease the discharge.
(4) 
Upon notice provided by the Borough, the discharger will have a reasonable time to cease the discharge consistent with the degree of pollution caused by the discharge.
B. 
Prohibited connections.
(1) 
The following connections to the Borough storm sewers or stormwater drainage systems are prohibited:
(a) 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks.
(b) 
Any drain or conveyance from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by the Borough.
(2) 
This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection, drain or conveyance was previously allowed, permitted or approved by a government agency, or otherwise permissible under law or practices applicable or prevailing at the time of connection.
C. 
Roof drains.
(1) 
Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in Subsection C(2).
(2) 
When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted on a case-by-case basis by the Borough. It shall be the burden of the person seeking to make the connection to demonstrate to the Borough that such connection is more advantageous, and such connection shall not violate any state or federal statute, rule or regulation.
(3) 
Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent possible.
D. 
Waste disposal prohibitions. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk or other component of the Borough's separate storm sewer system any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.