A.
The municipality shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The municipality 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 municipality will accept
the facilities. The municipality reserves the right to reject or accept
the ownership and operating responsibility for any portion of the
stormwater management controls.
B.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
C.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
A.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an Operation and Maintenance (O&M) agreement
(see Appendix B)[1] covering all stormwater control facilities which are to
be privately owned.
(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 municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
(3)
The owner shall keep on file with the municipality 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 municipality within 10 working days of the change.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the municipality may perform the services required and charge the
owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this chapter in accordance with the provisions of Sections 509, 510,
and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Persons installing post-construction stormwater management BMP facilities
will be required to pay a specified amount to the Municipal Stormwater
Facility Maintenance Fund to help defray the costs of periodic inspections
and annual maintenance expenses. The amount of the deposit shall be
determined as follows:
(1)
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality for a period of 20 years, as estimated by the
municipality. After that period of time, inspections will be performed
by the municipality and billed directly to the owner.
(2)
If the storage facility is to be owned and maintained by the municipality,
the deposit shall cover the estimated annual costs for maintenance
and inspections for 20 years, as estimated by the municipality.
(3)
The amount of the deposit to the maintenance fund covering annual
inspection and maintenance costs shall be converted to present worth
of the annual series values. The municipality manager shall determine
the present-worth equivalents, which shall be subject to the final
approval of the municipality supervisors.
B.
If the storage facility is proposed which also serves as a recreation
facility, such as a lake or ballfield, the municipality may reduce
or waive the amount of the maintenance fund based on the value of
the land for public recreation purposes.
C.
If at some future time any storage facility (whether publicly or
privately owned) is eliminated due to the installation of storm sewers
or another storage facility (i.e., a distributed storage facility),
the unused portion of the maintenance fund will be applied to the
cost of abandoning the facility and connecting to the storm sewer
system or other facility. Any amount of the deposit remaining after
the costs of abandonment are paid will be returned to the depositor.
