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 as chosen by the Township:
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 Township 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 Township 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 Township, 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 the
Township; thereafter, the Grantee, his heirs, executors, administrators,
successors and assigns (the "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, the Township
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 Township,
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 Township, then and
only then, may the Township exercise this right."
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(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 Township 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 Township 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 Township
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 Township
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. Township ownership. Where the Township has accepted an offer of dedication
of the permanent stormwater management facilities, the Township shall
be responsible for operation and maintenance. Township 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 Township, the applicant
shall provide a lump sum long-term maintenance payment to the Township,
to be reserved and used at all times by the Township 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
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 and approval to
the 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, clean out 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 Township
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 Township 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 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 Township
as established by the operation and maintenance plan or if otherwise
required by the Township.
G. A note must be placed on the recorded subdivision and land development
drawings as follows:
"As per the Approved Stormwater Management Plan, the Township
shall have the Right of access to the on-site stormwater management
facilities for the right of inspection and maintenance. In the event
that the Owner, assigns or heirs do not adequately maintain the facility,
the Owner, assigns or heirs shall reimburse the Township for all costs
associated with said maintenance. The aforementioned rights granted
to the Township in no way diminish the responsibility of the Owner,
assigns or heirs of said maintenance, and no liability will be assumed
by the Township or its representatives associated with the required
access for maintenance and inspection purposes."
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