Unless otherwise noted or if a stormwater facility is located
within a municipal right of way, operation and maintenance of stormwater
management facilities and conveyance systems is the sole responsibility
of the property owner or assigns, in perpetuity.
A.
The municipality shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The municipality 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 municipality will accept
the facilities. The municipality reserves the right to accept or reject
the ownership and operating responsibility for any portion of the
stormwater management controls or facilities after completion and
inspection of the same.
B.
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.
C.
The O&M plan shall be recorded by the applicant as a restrictive
deed covenant that runs with the land.
D.
No person shall modify, remove, fill, landscape, or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the municipality, with the exception of necessary maintenance activities
such as mowing.
E.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
A.
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 A)[1] covering all stormwater control facilities which are to
be privately owned.
(1)
The landowner, owner or operator of the stormwater facilities or
their 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 municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
(3)
The owner shall keep on file with the municipality 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 municipality within 10 working days of the change.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
The owner is responsible for the operation and maintenance (O&M)
of the SWM BMPs. If the landowner, successors and assigns, fail to
adhere to the O&M agreement, the municipality may perform the
services required and the landowner shall reimburse the municipality
for the costs of such services so provided, plus an administrative
fee of 10%. The municipality may seek to collect reimbursement of
such costs, administrative fee and the costs of collection from the
landowner if such fees are not paid within 30 days of the date of
the invoice issued by the municipality to landowner for such fees.
Further, the municipality may file a lien against the property on
which the services were provided.
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this chapter in accordance with the provisions of Sections 509, 510,
and 511 of the Pennsylvania Municipalities Planning Code.
Persons installing stormwater management facilities shall be
required to pay a specified amount to the municipal stormwater maintenance
fund to help defray costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
A.
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality for a period of 10 years, as estimated by the
Municipality Engineer. After that period of time, inspection expenses
will be assessed by the municipality on an as-needed basis thereafter.
B.
If the storage facility is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The Municipal Engineer will establish the estimated
costs utilizing information submitted by the applicant.
C.
The amount of the deposit to the fund shall be converted to the present
worth of the annual series values. The Municipal Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the governing body.
D.
The general formula for calculating the present worth of annual series
of inspection fees shall be as follows:
|
ITi x IR x Ni = ICi
|
|
ICi + ICii + . . . = IC
|
|
.25 (IC) = AC
|
|
IC + AC = Annual Inspection Cost
|
|
Where:
| ||
|
ITi
|
=
|
Inspection Time Per SWM BMP (Varies per BMP)
|
|
IR
|
=
|
Inspection Rate (Varies per Year)
|
|
Ni
|
=
|
Quantity of Particular SWM BMP
|
|
ICi
|
=
|
Inspection Cost for Particular SWM BMP
|
|
IC
|
=
|
Total Inspection Cost of all SWM BMPs
|
|
AC
|
=
|
Administrative Cost
|
