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 § 190-20 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 Borough. 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 Borough at a regular meeting thereof.
(2)
The Borough 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 Borough pursuant to § 190-19. Such easement shall cover the stormwater management facilities, 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 Borough for the stormwater management facilities and post-construction
stormwater management facilities required per 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 Borough 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 Borough in a digital
format or formats approved by the Borough.
D.
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 offices of the Recorder of Deeds of Allegheny
County, and shall be submitted on eighteen-inch by twenty-four-inch
sheets. The contents of the map(s) shall include, but not be limited
to:
(a)
Clear identification of the location and nature of permanent
stormwater BMPs;
(b)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
(c)
Existing and final contours at intervals of two feet, or others
as appropriate;
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(e)
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved;
(f)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site;
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(h)
Proposed final structures, roads, paved areas, and buildings;
and
(i)
A twenty-foot wide access easement around all stormwater BMPs
that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each permanent stormwater BMP 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; and
(4)
A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that can be altered or removed only after approval
by the municipality.
All stormwater management facilities identified within an approved
stormwater management plan shall be owned and maintained by one of,
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 Borough 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 Borough 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
essentially 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 Borough, 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 Borough; 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, Borough shall 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 Borough, 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
Borough, then and only then, may the Borough 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 Borough 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, 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 Borough 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 Borough
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 Recorder of Deeds for Allegheny County
a declaration of covenants in a form satisfactory to the Borough 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.
Borough ownership. Where the Borough has accepted an offer of dedication
of the permanent stormwater management facilities, the Borough shall
be responsible for operation and maintenance. Borough 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 Borough, the applicant
shall provide a lump sum long-term maintenance payment to the Borough,
to be reserved and used at all times by the Borough 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
Borough 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 to the Borough 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.
C.
A description of the actions, budget and schedule for operating and
maintaining the stormwater management facilities. This description
should 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 Borough
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 Borough to
cause the work to be done and lien all costs plus a reasonable overhead
allowance against the property should the required corrective measures
not be taken by the lot owner, following written notification, within
a period of time set by Borough 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 Borough
as established by the operation and maintenance plan or if otherwise
required by the Borough.
G.
No one shall alter or modify any portion or function of a stormwater
management BMP without written approval and consent from the Borough.
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 Borough:
B.
The operation and maintenance agreement shall be substantially the
same as the sample agreement in Appendix C, included at the end of
this chapter.
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 Borough.
