Township of Pine, PA Operation and Maintenance

The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Township 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 Township will accept the facilities. The Township reserves the right to reject or accept the ownership and operating responsibility for any portion of the stormwater management controls.

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.

The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.

The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.

Maintenance during development. Maintenance of stormwater management facilities during development of a project shall be the responsibility of the developer and/or landowner and shall usually include, but shall not be limited to:

(1)

Removal of silt from all debris basins, traps or other structures or measures when 40% of capacity is filled with silt.

(2)

Disposal of collected silt in a manner which will not adversely affect the environment.

(3)

Periodic maintenance of temporary control facilities such as replacement of straw bale dikes, straw filters, or similar measures.

(4)

Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas where vegetation has not been successfully established. A developer or landowner retains this obligation as to property he or she has developed or improved even if the proper season for "seeding" occur initially sometime after the project is otherwise completed in whole or as to a particular phase.

(5)

Installation of necessary controls sufficient to protect against problems caused by storm events within design frequencies.

(6)

Removal of all temporary measures upon completion of the project.

After acceptance of the plan by the Township. In the event that the Township accepts public improvements in the plan, except in cases where an agreement between the developer and the Township has been executed to the contrary, the maintenance of stormwater management facilities shall be the responsibility of the developer and/or landowner or his assigns and shall include, but shall not be limited to, where necessary:

(1)

Mowing to maintain adequate stands of grass and to control weeds. Chemical weed control may be used if state and Township regulations are met. Selection of seed mixtures shall reflect the type of maintenance desired by the Township.

(2)

Removal of silt, debris or trash from all permanent structures, which trap slit or sediment to keep this material from building up in grassed waterways and other permanent structures, thereby, reducing their capacity. Disposal of silt, debris or trash in a manner which will not adversely affect the environment.

(3)

Removal of trees and shrubs from pond embankments.

(4)

Repair of animal burrows and removal of animals causing the same.

(5)

Replace or repair facilities so as to function as intended.

(6)

Replace eroded material and revegetate eroded areas. Seed and mulch disturbed areas.

It shall be the responsibility of the landowner or developer to inspect all permanent facilities to see that corrective action is taken where necessary. Permanent facilities to be inspected shall include, but not be limited to:

(1)

Detention facilities, including outlet conditions.

(2)

Storm sewers, swales, concrete gutters, and other conveyance devices.

(3)

Catch basin, manholes, and other stormwater catchments/transition structures.

(4)

Access for maintenance.

Stormwater facilities located on private property shall be maintained by the landowner or his agent; however, this does not relieve the landowner or his agent of the obligation to inspect their own facilities. The Township reserves the right to enter upon private property to make periodic reasonable inspections and to require the landowner to take necessary corrective actions. An easement shall be recorded granting access over private property to the stormwater facilities.

If the owner fails to maintain the stormwater control facilities, following due notice by the Township to correct the problems, the Township shall perform the necessary maintenance or corrective work. The owner shall reimburse the Township for all costs upon presentation of documentation of same.

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 Township conservation easements to assure access for periodic inspections by the Township and maintenance, as necessary.

(3)

The owner shall keep on file with the Township 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 Township within 10 working days of the change.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhereto the O&M agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.