A.
The Stormwater Management Plan for the development site shall contain
an Operation and Maintenance Plan prepared by the developer and approved
by the Township. The operation and maintenance plan shall identify
those persons responsible for the operation and maintenance of all
stormwater facilities, the required routine maintenance actions and
schedules necessary to ensure proper operation of the stormwater control
facility(ies).
B.
The Stormwater Management Plan for the development site shall establish
responsibilities for the continuing operation and maintenance (O&M)
of all stormwater facilities and BMPs, consistent with the following:
(1)
If a development consists of structures or lots which are to be separately
owned and in which streets, sewers and other public improvements are
to be dedicated to the Township, stormwater facilities and BMPs located
within the right-of-way for any public street or improvement should
also be dedicated to and maintained by the Township. Stormwater facilities
and/or BMPs that are not within the rights-of-way of any public street,
including detention ponds and other facilities not within a public
right-of-way, shall not be dedicated to the Township unless the Township,
in writing, specifically agrees to such dedication.
(2)
If a development site containing stormwater facilities and/or BMPs
is to be held privately or are to be privately owned, operated and
maintained, then the operation and maintenance of stormwater facilities
and BMPs should be the responsibility of the owner of such property
or such other person designated by the owner to have responsibility
for same.
(3)
Person(s) responsible for operation and maintenance of stormwater
facilities and BMPs shall be named with contact information provided.
C.
The Unity Township Board of Supervisors, upon recommendation of the
Township Engineer, shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the Stormwater
Management Plan. The Unity Township Board of Supervisors reserves
the right to accept the ownership and operating responsibility for
any or all of the stormwater management facilities and BMPs. Under
no circumstances is the Township obligated to accept the stormwater
management facilities and BMPs.
D.
If the development site involves land located in more than one municipality,
then the plan shall be reviewed by the Township and WCD to determine
if all activities both within and without the Township meets the requirements
of this chapter. The Township may only approve stormwater management
plans, facilities and BMPs and development activities located within
the Township, unless the Township and the other municipality(ies)
enter into an intergovernmental cooperation agreement authorizing
the Township to approve the same in the other municipality(ies).
E.
Stormwater facilities and BMPs shall be inspected by the owner/responsible
party named in the O&M plan on a regular basis as determined by
the Township or as approved in the O&M plan. Inspections may include
photographs, written reports, measured drawings as necessary to document
conditions of the facility(s) and the report shall be provided to
the Township as requested.
A.
No regulated development activities within the Township will be considered
complete until approval by the Township of BMP operations and maintenance
plan which describes how the permanent (i.e., post-construction) stormwater
facilities and BMPs will be properly operated and maintained.
B.
The following items shall be included in the BMP operations and maintenance
plan:
(1)
Map(s) of the project area, in a form that meets the requirements
for recording at the Office of the Recorder of Deeds of Westmoreland
County. The maps(s) shall:
(a)
Make reference to the ownership, operation and maintenance responsibilities
of stormwater facilities and BMPs.
(b)
Clearly identify the location and nature of permanent stormwater
facilities and BMPs, including individual on-lot BMPs that are to
be provided in the approved stormwater management plan.
(c)
Show the location of the project site relative to highways,
Township boundaries or other identifiable landmarks.
(d)
Provide existing and final contours at intervals of two feet
are required if the general slope of the site is less than 15%, and
at vertical intervals of five feet if the general slope is equal to
or greater than 15%.
(e)
Identify existing streams, lakes, ponds, or other bodies of
water within the project site area.
(f)
Identify other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved.
(g)
Show the locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
(h)
Identify any proposed final changes to the land surface and
vegetative cover, including the type and amount of impervious area
that would be added.
(i)
Identify the size and locations of any proposed final structures,
roads, paved areas, and buildings.
(j)
Provide a fifteen-foot wide access easement around all stormwater
facilities and BMPs that would provide ingress to and egress from
a public right-of-way.
(2)
A description of how each of the permanent stormwater facilities
and BMPs will be operated and maintained, and the identity of the
person(s) responsible for operations and maintenance.
(3)
The name of the project site, the name and address of the owner of
the property, and the name of the individual or firm preparing the
plan.
(4)
A statement, signed by the landowner, acknowledging that the stormwater
facilities and BMPs are fixtures that cannot be altered or removed
without approval by the Township.
C.
The aforesaid map(s) identifying each stormwater facility and BMP
shall be recorded with the County and identify the stormwater facilities
and/BMPs as appurtenant to the real estate and easements that run
with the land. Prior to final approval of the stormwater plan the
property owner shall sign and record an O&M agreement for those
facilities and BMPs in the form attached hereto in Appendix C.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
D.
If the owner, or other responsible person, fails, refuses or neglects
to maintain any stormwater facility and/or BMP, same shall constitute
a violation of this chapter and subject the owner or other responsible
person to those penalties and remedies set forth hereafter.
A.
Prior to final approval of the site's stormwater management
plan the property owner shall execute an operations and maintenance
agreement covering all stormwater facilities and BMPs which are to
be privately owned. The agreement shall be in a form consistent with
that provided in Appendix C and provide, at a minimum, that:
(1)
The owner, successors and assigns shall maintain all facilities in
accordance with the approved maintenance schedule and shall keep all
facilities in a safe and functional manner and consistent with the
surrounding natural area.
(2)
The owner, successors and assigns shall provide the Township with
easements and/or rights-of-way to assure access for periodic inspections
by the Township and maintenance, if required.
(3)
The owner, successors and assigns shall keep on file with the Township
the name, address and telephone number of the person or company responsible
for maintenance activities; and in the event of a change, new information
will be submitted to the Township within 10 days of the change.
(4)
If the owner, successors and assigns fail to maintain the stormwater
facilities and BMPs following due notice by the Township to correct
the problem(s), the Township may perform the necessary maintenance
work or corrective work and the owner shall reimburse the Township
for all costs.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory inspection and maintenance of all stormwater
facilities and BMPs for a ten-year period. The maintenance agreement
shall be subject to the review and approval of the Township Solicitor
shall be recorded in the Office of the Recorder of Deeds of Westmoreland
County and create an encumbrance on the property, and become a covenant
running with the land.
C.
The costs of recording said agreement shall be the responsibility
of the property owner and/or the developer.
A.
Persons installing stormwater facilities or BMPs shall be required
to deposit a specified amount to the Unity Township Stormwater Facilities
and BMPs Fund to help defray costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
(1)
If the stormwater facilities and/or BMPs 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 Township Engineer. After that period of time, inspections will
be performed at the expense of the Township.
(2)
If the stormwater facilities and/or BMPs are to be accepted, owned
and maintained by the Township, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Township Engineer
will review these estimated costs as submitted by the applicant and
may request additional information from the applicant supporting these
costs.
(3)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Township Engineer shall determine
the present worth equivalents which shall be subject to the approval
of the Township Board of Supervisors.
B.
If stormwater facilities and BMPs are proposed that also serves as
a recreation facility (e.g., ball field, lake), the Township may reduce
or waive the amount of the maintenance fund deposit based upon the
value of the land for public recreation purposes, or the Township
may accept the maintenance fund deposit on behalf of the agency managing
the recreation resource and make said fees available to the agency's
maintenance department.
C.
If at some future time stormwater facilities and BMPs (whether publicly
or privately owned) are eliminated due to the installation of storm
sewers or other stormwater facilities and BMPs, the unused portion
of the maintenance fund deposit 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 costs of abandonment are
paid will be returned to the depositor.
