Editor's Note: This ordinance also repealed former Part 9 (Chs. 9-901 through 9-915), Spring Creek and Paxton Creek Watershed Stormwater Management Plan, adopted 11-12-2006 by Ord. No. 17-2006, as amended.
The applicant shall provide a financial guarantee to the City of
Harrisburg for the timely installation and proper construction of
all stormwater management controls, as required by the approved SWM
site plan and this Part 9, equal to 110% of the full construction
cost of the required controls in accordance with the Municipalities
Planning Code.[1]
Provide a certification of completion, from an engineer, architect,
surveyor or other qualified professional, verifying that all permanent
facilities have been constructed according to the SWM site plan and
report and approved revisions thereto.
Request a final inspection from the City of Harrisburg to certify
compliance with this Part 9, after receipt of the certification of
completion and record drawings by the City of Harrisburg.
The SWM site plan and report for the project site shall describe
the future operation and maintenance responsibilities. The operation
and maintenance description shall outline required routine maintenance
actions and schedules necessary to ensure proper operation of the
stormwater control facilities.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principles:
If a development consists of structures or lots that are to
be separately owned and in which streets, sewers, and other public
improvements are to be dedicated to the City of Harrisburg, stormwater
control facilities/BMPs may also be dedicated to and maintained by
the City of Harrisburg.
If a development site is to be maintained in a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities/BMPs shall be the responsibility of the owner or private
management entity.
Facilities, areas, or structures used as stormwater BMPs shall
be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or easements that run with the land.
The city of Harrisburg, upon recommendation of the City Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. The city
of Harrisburg 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 Harrisburg will accept the facilities.
The City of Harrisburg reserves the right to accept or reject the
ownership and operating responsibility for any portion of the stormwater
management controls.
If the City of Harrisburg accepts ownership of stormwater BMPs, the
City of Harrisburg may, at its discretion, require a fee from the
applicant to the City of Harrisburg to offset the future cost of inspections,
operations, and maintenance.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved SWM site plan, or to allow the property
to remain in a condition, which does not conform to an approved SWM
site plan, unless the City of Harrisburg grants an exception in writing.
Prior to final approval of the SWM site plan and Report, the applicant
shall sign the operation and maintenance (O&M) agreement (Appendix
A)[1] covering all stormwater control facilities that are to
be privately owned. The operation and maintenance (O&M) agreement
shall be recorded with the SWM site plan and made a part thereof.
Other items may be included in the operation and maintenance (O&M)
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all BMP facilities. The operation and
maintenance (O&M) agreement shall be subject to the review and
approval of the City of Harrisburg and the City Solicitor.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the operation and maintenance
(O&M) agreement, the City of Harrisburg may perform the services
required and charge the owner appropriate fees. Nonpayment of fees
may result in a lien against the property.