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 § 319-24 shall be prepared for review and approval by the Municipal Engineer and shall be executed and signed by the Municipality 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 and sedimentation 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)
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 Municipality, stormwater management facilities
should also be dedicated to and maintained by the Municipality.
(a)
Facilities proposed to be dedicated to the Municipality shall
be denoted as such on the plans.
(b)
The Municipality is under no obligation to accept such facilities
and may require that they 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.
(2)
If a development site is to be maintained in single ownership or
if sewers and other public improvements arc to be privately owned
and maintained, then the ownership and maintenance of stormwater management
facilities should be the responsibility of the owner or private management
entity.
(3)
Regardless of ownership, the applicant shall submit a written offer deeding an access and/or drainage easement to the Municipality pursuant to § 319-23. 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. If inspections performed by the Municipality reveal deficiencies from the submitted and approved SWM site plan, the Municipality may request corrective actions. Any corrective action shall be at the cost of the stormwater facility owner.
(4)
Regardless of ownership, the applicant shall submit as-built plans
to the Municipality for the stormwater management facilities required
per the approved stormwater management plan. The as-built plans will
be reviewed by the Municipal Engineer. The as-built plans shall include:
(a)
As-built information 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.
(b)
A comparison of as-built capacities compared to the capacities
of the approved design facilities shall be prepared and certified
by a professional engineer registered in the Commonwealth of Pennsylvania.
(c)
The as built plans shall be based on an actual field survey
performed by a professional land surveyor registered in the Commonwealth
of Pennsylvania. The surveyor shall certify as to the accuracy of
the plan.
(5)
The as-built plan(s) shall be submitted to the Municipality in a
digital formal or formats approved by the Municipality.
A.
All stormwater management facilities identified within an approved
stormwater management plan shall be owned and maintained by one, or
a combination of, the following entities:
(1)
Private ownership.
(a)
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 Municipal Solicitor designating
the entity responsible for operation and maintenance of the on-lot
facilities consistent with an approved operation and maintenance plan.
[1]
In the event that the responsible person or entity fails to
do so, the note shall grant to the Municipality 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 if necessary.
[2]
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
in form acceptable to the Municipal Solicitor.
(b)
In addition to the above, developers of parcels with more than
one dwelling unit shall record in the Allegheny County Department
of Real Estate a declaration of covenants and restrictions in a form
satisfactory to the Municipal 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.
[1]
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 and his, her or their heirs, administrators, successors
or assigns.
(2)
Homeowners' or condominium association ownership.
(a)
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 Municipal Solicitor,
designating the entity responsible for construction and/or maintenance
of the stormwater management facilities consistent with an approved
stormwater management plan.
[1]
In the event that the responsible entity fails to do so, the
note shall grant to the Municipality 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 if necessary.
[2]
In addition, the developer shall record in the office of Allegheny
County Department of Real Estate a declaration of covenants in a form
satisfactory to the Municipal 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 and his, her or their heirs, administrators,
successors and assigns.
(3)
Municipal ownership.
(a)
Where the Municipality has accepted an offer of dedication of
the permanent stormwater management facilities, the Municipality shall
be responsible for operation and maintenance. Municipal 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
Municipality, the applicant shall provide a lump-sum, long-term maintenance
payment to the Municipality, to be reserved and used at all times
by the Municipality only for costs of operation and maintenance of
the dedicated facilities, as follows:
[1]
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.
[2]
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 Municipal Engineer.
[3]
The amount of the payment shall cover all costs of operation
and maintenance. These 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.
[4]
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 the stormwater management
facilities shall be submitted for review and approval to the Municipal
Engineer.
[5]
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 a professional
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.
Drawings and descriptions 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:
(1)
Lawn care and vegetation maintenance.
(2)
Removal of accumulated debris and sediment (including from grates,
trash racks, inlets, etc.).
(3)
Liability insurance.
(4)
Maintenance and repair of stormwater management facilities.
(5)
Landscaping and planting.
(6)
Payment of taxes.
(7)
Construction of any kind associated with the use, benefit and enjoyment
of the facilities by the owners.
(8)
A description of routine facility operation and day-to-day management
requirements (as needed).
(9)
A description of routine maintenance actions and schedules necessary
to ensure proper operation of stormwater management facilities.
(10)
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.
E.
Deed restrictions describing the ability of the Municipality 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 Municipality
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 Municipal 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 Municipality
as established by the operation and maintenance plan or if otherwise
required by the Municipality.
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
Allegheny County Department of Real Estate within 15 days of approval
of the operations and maintenance plan by the Municipality:
B.
The operation and maintenance agreement shall be substantially the
same as the sample agreement available on file in the Municipality's
Engineering Department.
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 Municipality.
D.
The Municipality may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with Article V of this chapter.
E.
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.
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.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510,
and 10511, respectively.
