A.
The owner of stormwater management facilities shall be responsible for the proper operation and maintenance of those facilities during and after construction. An operation and maintenance plan consistent with the requirements of § 190-21 shall be prepared for review and approval by the Municipal Engineer and shall be executed and signed by the Municipal Engineer and applicant.
B.
The owner of the stormwater management facilities for a tract shall
be responsible for the proper installation and function of those facilities
in accordance with the approved stormwater management plan. All temporary
soil erosion and sedimentation control measures shall be removed or
converted to their permanent configuration in accordance with an approved
erosion control plan. This requirement in no way precludes the authority
of the Allegheny County Conservation District to determine when sufficient
stabilization has occurred on a site in order to convert to the permanent
stormwater management facilities.
C.
Dedication and acceptance of stormwater management facilities.
(1)
Upon completion of construction of stormwater management facilities
shown on an approved subdivision or land development plan and within
90 days after approval of such construction, the applicant shall submit
a written offer of such stormwater management facilities for dedication
to the Township. Said offer shall include a deed of dedication covering
said facilities together with satisfactory proof establishing an applicant's
clear title to said property. Such documents are to be filed with
the Municipal Secretary for review by the Municipal Solicitor. Deeds
of dedication for stormwater management facilities may be accepted
by resolution of the Township at a regular meeting thereof.
(2)
The Township may require that stormwater management facilities remain
undedicated, with operation and maintenance the responsibility of
individual lot owners or a homeowners' association or similar
entity, or an organization capable of carrying out maintenance responsibilities.
(3)
Regardless of ownership, the applicant shall submit a written offer deeding an access and/or drainage easement to the Township pursuant to § 190-20. Such easement shall cover the stormwater management facilities and any drainage to and from such facilities and shall clearly permit municipal entry for inspection and/or maintenance purposes.
(4)
Regardless of ownership, the applicant shall submit an actual as-built
plan to the Township for the stormwater management facilities required
pursuant to the approved stormwater management plan. The as-built
plan shall show all final design specifications for all permanent
stormwater management facilities, including, but not limited to, pipe
material and diameter, inlet, outlet and overflow elevations, two-foot
contours for all detention/retention basins and drainage swales, and
a comparison of as-built capacities compared to the capacities of
the approved design facilities, and shall be prepared and certified
by a licensed professional engineer. The as-built plan shall be based
on an actual field survey performed by a licensed professional land
surveyor. The surveyor shall certify as to the accuracy of the plan.
The as-built plan shall be submitted to the Township for review by
the Municipal Engineer. Any performance and/or financial securities
established for the project shall include requirements for submittal
of as-built plans.
(5)
The as-built plan(s) shall be submitted to the Township in a digital
format or formats approved by the Township.
All stormwater management facilities identified within an approved
stormwater management plan shall be owned and maintained by one or
a combination of the following entities:
A.
Private ownership.
(1)
Where individual on-lot stormwater management facilities are proposed,
the subdivision and/or land development plan shall contain a note
in a form satisfactory to the Municipal Solicitor designating the
entity responsible for operation and maintenance of the on-lot facilities
consistent with an approved operation and maintenance plan and, in
the event that the responsible person or entity fails to do so, granting
to the Township the right but not the duty to enter upon the premises
to repair or restore said facilities, to charge and assess the costs
thereof to the owner, including a reasonable allowance for overhead,
and to enforce said charges and assessments by lien upon the property.
In addition, the deed for each lot shall contain a perpetual covenant
binding the grantee and all successors in interest designating the
responsibility for operation and maintenance of the on-lot facilities
in the following form:
Under and subject, nevertheless, to the following conditions
and restrictions: Prior to any earth disturbance for which stormwater
management facilities are required by the Township, grantee shall
construct the permanent stormwater management facilities as shown
on the stormwater management plan (the "plan") prepared by <NAME>,
P.E., dated <DATE> and last revised <DATE> and approved by the
Township; thereafter, the grantee, his heirs, executors, administrators,
successors and assigns ("owner"), at his sole cost and expense, shall
operate, maintain and repair said stormwater management facilities
on the lot in accordance with said plan, so that the facilities shall
at all times continue to operate and function in the same manner and
capacity as they were designed. In the event of the failure of the
owner to comply with these conditions and restrictions, the Township
may have said stormwater management facilities repaired or restored
as required, and the costs thereof plus a reasonable allowance for
overhead shall be assessed to the owner; said assessment shall be
a charge and a continuing lien upon the property herein. The Township,
before it may exercise this right, shall notify the owner by certified
mail of its intention to take the aforesaid action. The notice shall
set forth in what manner the owner has neglected the operation and
maintenance of or repair to the stormwater management facilities,
and if the owner fails, within a period of 90 calendar days, to correct
or repair the items listed in the notice from the Township, then and
only then, may the Township exercise this right.
(2)
In addition to the above, developers of parcels with more than one
dwelling unit shall record in the office of Recorder of Deeds for
Allegheny County a declaration of covenants and restrictions in a
form satisfactory to the Municipal Solicitor, describing the responsibility
for operation and maintenance of the on-lot facilities consistent
with an approved operation and maintenance plan prior to the sale
of any individual lots. The terms of this covenant and restriction
shall run with the land and be binding upon the initial grantees of
each lot within the subdivision and his, her or their heirs, administrators,
successors or assigns.
B.
Homeowners' or condominium association ownership. Where a homeowners'
association is created to own and manage common facilities, the subdivision
and/or land development plan shall contain a note in a form satisfactory
to the Municipal Solicitor, designating the entity responsible for
construction and/or maintenance of the stormwater management facilities
consistent with an approved operation and maintenance plan and, in
the event that the responsible entity fails to do so, granting to
the Township the right but not the duty to enter upon the premises
to repair or restore said facilities; to charge and assess the costs
thereof, plus a reasonable allowance for overhead, to each owner of
property within the development; and to enforce said charges and assessments
by lien upon each property within the development. In addition, the
developer shall record in the office of the Recorder of Deeds for
Allegheny County a declaration of covenants in a form satisfactory
to the Municipal Solicitor, setting forth the rights and responsibilities
of the homeowners' association for operation and maintenance
of the stormwater management facilities, prior to the sale of individual
lots. The terms of this covenant and restriction shall run with the
land and be binding upon the initial grantees of each lot within the
subdivision, his, her or their heirs, administrators, successors and
assigns.
C.
Municipal ownership. Where the Township has accepted an offer of
dedication of the permanent stormwater management facilities, the
Township shall be responsible for operation and maintenance. Municipal
ownership notwithstanding, the applicant is required to prepare a
stormwater management plan and an operation and maintenance plan,
as defined herein. Upon approval of the stormwater management facilities
by the Township, the applicant shall provide a lump sum long-term
maintenance payment to the Township, to be reserved and used at all
times by the Township only for costs of operation and maintenance
of the dedicated facilities, as follows:
(1)
Long-term maintenance payment. The long-term maintenance payment
shall be in an amount equal to the present value of operation and
maintenance costs for the facilities for a ten-year period. The long-term
maintenance payment shall be based on a ten-year cost estimate prepared
by the applicant's engineer and reviewed and approved by the
Municipal Engineer. The amount of the payment shall include all costs
of operation and maintenance, which shall include, but not be limited
to, typical operation and maintenance costs as well as costs such
as landscaping and planting, tax payments required and construction
of any kind associated with the use, benefit and enjoyment of the
facilities by the owners. In particular, a description of routine
facility operation and day-to-day management requirements and a description
of projected maintenance actions and schedules necessary to ensure
proper operation of stormwater management facilities shall be submitted
for review and approval to the Municipal Engineer.
(2)
Documentation. The terms of the long-term maintenance payment shall
be documented as part of the stormwater management plan and the operation
and maintenance plan.
An operation and maintenance plan shall be prepared by an engineer
licensed to practice in the Commonwealth of Pennsylvania, that identifies
the ownership, operation and maintenance responsibilities and as-built
conditions for all stormwater management facilities. At a minimum,
the operation and maintenance plan shall include the following:
A.
Any obligations concerning perpetuation and/or maintenance of natural
drainage or infiltration facilities and other facilities identified
within the stormwater management plan. Ownership of and responsibility
for operation and maintenance of stormwater management facilities,
including names and contact information, shall be required.
B.
A description of the permanent stormwater management facilities on
the site, explaining how each facility is intended to function and
operate over time. All drainage and access easements shall be depicted,
and any site restrictions to be recorded against the property shall
be identified on the recorded plan. All such easements and restrictions
shall be perfected to run with the land and be binding upon the landowner
and any successors in interest and shall be recorded in the Allegheny
County Department of Real Estate.
C.
A description of the actions, budget and schedule for operating and
maintaining the stormwater management facilities. This description
shall be written in a clear manner, consistent with the knowledge
and understanding of the intended user.
D.
A general description of operation and maintenance activities and
responsibilities for facilities held in common or on lot, including,
but not limited to, lawn care, vegetation maintenance, cleanout of
accumulated debris and sediment (including from grates, trash racks,
inlets, etc.), liability insurance, maintenance and repair of stormwater
management facilities, landscaping and planting, payment of taxes
and construction of any kind associated with the use, benefit and
enjoyment of the facilities by the owners. In particular, a description
of routine facility operation and day-to-day management requirements
(as needed) and a description of routine maintenance actions and schedules
necessary to ensure proper operation of stormwater management facilities
shall be submitted.
E.
Assurances that no action will be taken by any lot owner to disrupt
or in any way impair the effectiveness of any stormwater management
system, setting forth in deed restrictions the ability of the Township
to take corrective measures if it is determined at any time that stipulated
permanent stormwater management facilities have been eliminated, altered,
or improperly maintained, including the ability of the Township to
cause the work to be done and lien all costs plus a reasonable overhead
allowance against the property shall the required corrective measures
not be taken by the lot owner, following written notification, within
a period of time set by Municipal Engineer.
F.
Parties responsible for the long-term operation and maintenance of
stormwater management facilities shall make records of the installation
and of all maintenance and repairs and shall retain the records for
at least 10 years. These records shall be submitted to the Township
as established by the operation and maintenance plan or if otherwise
required by the Township.
A.
The owner of any land upon which permanent stormwater management
facilities and/or BMPs will be placed, constructed or implemented,
as described in an approved stormwater management plan and the operations
and maintenance plan, shall record the following documents in the
office of the Recorder of Deeds for Allegheny County, within 15 days
of approval of the operations and maintenance plan by the Township:
C.
Other items or conditions may be included in the operation and maintenance
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all permanent stormwater facilities and
BMPs. The agreement shall be subject to the review and approval of
the Township.
A.
Persons installing stormwater storage facilities will be required
to pay a specified amount to the municipal stormwater facility maintenance
fund, if one exists, to help defray costs of periodic inspections
and annual maintenance expenses. The amount of the deposit shall be
determined as follows:
(1)
If the storage facilities are to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Township for a period of 10 years, as estimated by the Municipal
Engineer. After that period of time, inspections will be performed
at the expense of the Township.
(2)
If the storage facilities are to be owned and maintained by the Township,
the deposit shall cover the estimated annual costs for maintenance
and inspections for 10 years. The Municipal Engineer will establish
the estimated annual maintenance costs utilizing information submitted
by the applicant.
(3)
The amount of the deposit to maintenance fund, covering annual inspection
and maintenance costs, shall be converted to present worth of the
annual series values. The Municipal Engineer or Manager shall determine
the present worth equivalents, which shall be subject to the final
approval of the Township Board of Commissioners.
(4)
If a storage facility is proposed which also serves as a recreation
facility, such as a lake or ball field, the Township may reduce or
waive the amount of the maintenance fund deposit based on the value
of the land for public recreational purposes.
B.
If any storage facility (whether publicly or privately owned) is
subsequently eliminated due to the installation of storm sewers or
another storage facility (e.g., a distributed storage facility), the
unused portion of the maintenance fund may 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.