City of Scranton, PA Article VII Operation and Maintenance

§ 405-35 Responsibilities of developers and landowners.

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

B. Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.

C. The operation and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.

§ 405-36 Operation and maintenance agreements.

A. The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the operation and maintenance agreement, the City of Scranton may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.

B. Each stormwater management plan shall contain provisions which clearly set forth the ownership and maintenance responsibility of all permanent stormwater management and erosion and sediment control facilities, including:

(1) Description of maintenance requirements.

(2) Establishment of suitable easements for access to all facilities by public officials, in accordance with this article.

(3) Municipalities are exempt from the requirement to sign and record an operation and maintenance agreement.

(4) Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sediment pollution control facilities. In meeting this requirement, the following options are hereby provided for upon approval by the City of Scranton:

(a) Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restrictions. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.

(b) Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the property owners' association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision plan among the deed records of Lackawanna County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said property owners' association.

(c) For stormwater management facilities that are proposed as part of the site development plan, the applicant will be required to execute a developer agreement and a maintenance agreement with the City of Scranton for the construction and continued maintenance of the facilities prior to the signature approval on the final plan. Access for inspection by the City of Scranton of all such facilities deemed critical to the public welfare at any reasonable time shall be provided.

(d) In the event the City of Scranton accepts dedication of the facilities constructed in accordance with this Part 3, as a condition of City of Scranton acceptance of said facilities, the applicant shall provide 15% of the cost of improvements, in the form of a maintenance bond, as estimated by the applicant's qualified professional, and approved by the City of Scranton, to cover contingency maintenance costs for 18 months from the date of stormwater management facilities acceptance of dedication. The 15% bond shall be based on the construction costs of the detention basin and outlet structure within the area dedicated to the City of Scranton. Also, the City of Scranton may require the developer to make a lump-sum payment to defer future maintenance costs. Said payment amount shall be negotiated and deposited in a special City account for maintenance costs of the dedicated facility only.