A.
The landowner, successor and assigns shall maintain all SWM facilities
in good working order in accordance with the approved O&M plan.
B.
The landowner shall convey to the Borough easements to assure access
for inspections and maintenance, if required.
C.
The landowner shall keep on file with the Borough the name, address
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted
to the Borough within 10 days of the change.
D.
The landowner shall enumerate permanent SWM facilities as permanent
real estate appurtenances and record as deed restrictions or easements
that run with the land.
E.
The record owner of the development site shall sign and record an
operation and maintenance (O&M) agreement covering all SWM facilities,
including riparian buffers and riparian forest buffers, which are
to be privately owned. Said agreement, designated as Appendix J,[1] is attached and made part hereto. The O&M plan and
agreement shall be recorded as a restrictive covenant agreement that
runs with the land.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
Small projects are required to provide and record an O&M agreement.
G.
The Borough
may take enforcement actions against a landowner for any failure to
satisfy the provisions of this chapter.
[Added 9-27-2022 by Ord. No. 2022-04]
H.
Stormwater
management facilities, such as permanent basins, that are to be dedicated
to a homeowners' association shall not be officially dedicated to
the homeowners' association until such time that the stormwater facilities
have been inspected and approved by the Borough and the DEP NPDES
notice of termination has been officially received.
[Added 9-27-2022 by Ord. No. 2022-04]
A.
The O&M plan shall clearly establish the operation and maintenance
necessary to ensure the proper functioning of all temporary and permanent
SWM facilities and erosion and sedimentation control facilities.
B.
The following shall be addressed in the O&M plan:
[Amended 9-27-2022 by Ord. No. 2022-04]
(1)
Description of maintenance requirements, including, but not limited
to, the following:
(a)
Regular inspection of the SWM facilities. To assure proper implementation
of BMPs, maintenance and care SWM BMPs should be inspected by a qualified
person, which may include the landowner, or the landowner's designee,
according to the following minimum frequencies:
(b)
All pipes, swales and detention facilities shall be kept free
of any debris or other obstruction and in original design condition.
(c)
Removal of 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.
(d)
Reestablishment of vegetation of scoured areas or areas where
vegetation has not been successfully established. Selection of seed
mixtures and planting criteria shall be subject to approval by the
Borough.
(2)
Riparian forest buffer management plan prepared in accordance with
Chapter 102, § 14(b)(4) if required.
(3)
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent SWM facilities and erosion and sedimentation control facilities.
(4)
Establishment of suitable easements for access to all facilities.
(5)
Two copies of the inspection report required in § 315-63B(1)(a) shall be provided to the Borough within 60 days of completion of the inspection.
A.
The Borough reserves the right to accept or reject any proposal to
dedicate ownership and operating responsibility of any SWM facilities
to the Borough.
B.
If SWM facilities are accepted by the Borough for dedication, the
landowner/developer shall be required to pay a specified amount to
the Borough Stormwater Maintenance Fund or escrow account to defray
costs of periodic inspections and maintenance expenses. This fee shall
be provided to the Borough prior to unconditional SWM site plan approval.
The amount of the deposit shall be determined as follows subject to
the approval of Borough Council:
(1)
The deposit shall cover the estimated costs for maintenance and inspections
for 25 years. The Borough will establish the estimated costs according
to the O&M requirements outlined in the approved O&M plan.
(2)
If a storage facility is proposed that also serves as a recreation
facility (e.g., ball field, lake), the Borough may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purpose.
C.
Maintenance shall be conducted as necessary to provide for the continued
functioning of the SWM facility. Costs of inspections, maintenance
and repairs are recoverable from the Borough Stormwater Maintenance
Fund or escrow account.
A.
SWM facilities existing on the effective date of this chapter 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 § 315-63B above. If the Borough determines at any time that any permanent SWM facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance, and the Borough shall notify the landowner of corrective measures that are required, and provide for a reasonable period of time, not to exceed 30 days, within which the owner 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 property owner within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Borough shall have the right to choose among the remedies and may use one or more remedies concurrently.
