[Ord. 00075, 4/14/2014, § 17-601]
1.
The landowner, successor and assigns shall maintain all stormwater
management facilities in good working order in accordance with the
approved O&M plan.
2.
The landowner shall convey to the Borough easements to assure access
for inspections and maintenance, if required.
3.
Except in the case of small projects, the landowner shall keep on
file with the Borough the name, address and telephone number of the
person or company responsible for maintenance activities; in the event
of a change, new information will be submitted to the Borough within
10 days of the change.
4.
Enumerate permanent SWM facilities as permanent real estate appurtenances
and record as deed restrictions or easements that run with the land.
5.
The record owner of the development site shall sign and record an
operation and maintenance (O&M) agreement covering all stormwater
management facilities, including riparian buffers and riparian forest
buffers, which are to be privately owned. Said agreement, designated
as Appendix 17-C, is attached and made part hereto. The O&M plan
and agreement shall be recorded as a restrictive covenant agreement
that runs with the land.
[Ord. 00075, 4/14/2014, § 17-602]
[Ord. 00075, 4/14/2014, § 17-603]
1.
The O&M plan shall clearly establish the operation and maintenance
necessary to ensure the proper functioning of all temporary and permanent
stormwater management facilities and erosion and sedimentation control
facilities.
2.
The following shall be addressed in the O&M plan:
A.
Description of maintenance requirements, including, but not limited
to, the following:
(1)
Regular inspection of the SWM facilities. To assure proper implementation
of BMPs, maintenance and care SWM BMPs should be inspected by a qualified
person, which may include the landowner, or the owner's designee
(including the Borough for dedicated and owned facilities), according
to the following minimum frequencies:
(2)
All pipes, swales and detention facilities shall be kept free
of any debris or other obstruction and in original design condition.
(3)
Removal of silt from all permanent structures which trap silt
or sediment in order to keep the material from building up in grass
waterways, pipes, detention or retention basins, infiltration structures,
or BMPs, and thus reducing their capacity to convey or store water.
(4)
Re-establishment of vegetation of scoured areas or areas where
vegetation has not been successfully established. Selection of seed
mixtures shall be subject to approval by the Borough.
B.
Riparian forest buffer management plan prepared in accordance with
25 Pa. Code, Chapter 102, § 14(b)(4), if required.
C.
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent stormwater management and erosion and sedimentation control
facilities.
D.
Establishment of suitable easements for access to all facilities.
3.
All reports prepared shall be submitted to the Borough within 60
days of completion.
[Ord. 00075, 4/14/2014, § 17-604]
1.
The Borough reserves the right to accept or reject any proposal to
dedicate ownership and operating responsibility of any SWM facilities
to the Borough.
2.
If SWM facilities are accepted by the Borough for dedication, the
land-owner/developer shall be required to pay a specified amount to
the municipal stormwater maintenance fund to defray costs of periodic
inspections and maintenance expenses. This fee shall be provided to
the Borough prior to unconditional plan approval. The amount of the
deposit shall be determined as follows subject to the approval of
the municipal governing body:
A.
The deposit shall cover the estimated costs for maintenance and inspections
for 25 years. The Borough will establish the estimated costs according
to the O&M requirements outlined in the approved O&M plan.
B.
The amount of the deposit to the fund shall be converted to present
worth of the annual series values.
C.
If a storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the Borough may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purpose.
3.
If at any time a dedicated storage facility is eliminated due to
the installation of storm sewers or other storage facility such as
a regional detention facility, the unused portion of the maintenance
fund deposit will be applied to the cost of abandoning the facility
and connecting to the storm sewer system or other facility. Any amount
of the deposit remaining after the costs of abandonment are paid will
be returned to the depositor.
4.
All dedicated facilities shall be inspected by the Borough according
to the following minimum frequencies:
5.
Maintenance shall be conducted as necessary to provide for the continued
functioning of the facility. Costs of inspections, maintenance and
repairs are recoverable from the municipal stormwater maintenance
fund.
[Ord. 00075, 4/14/2014, § 17-605]
SWM facilities existing on the effective date of this chapter,
which have not been accepted by the Borough or for which maintenance
responsibility has not been assumed by a private entity such as a
homeowners' association shall be maintained by the individual
landowners. Such maintenance shall include at a minimum those items
set forth in Subsection 2A above. If the Borough determines at any
time that any permanent SWM facility has been eliminated, altered,
blocked through the erection of structures or the deposit of materials,
or improperly maintained, the condition constitutes a nuisance and
the Borough shall notify the landowner of corrective measures that
are required, and provide for a reasonable period of time, not to
exceed 30 days, within which the property owner shall take such corrective
action. If the landowner does not take the required corrective action,
the Borough may either perform the work or contract for the performance
of the work and bill the landowner for the cost of the work plus a
penalty of 10% of the cost of the work. If such bill is not paid by
the property owner within 30 days, the Borough may file a municipal
claim against the property upon which the work was performed in accordance
with the applicable laws. The Borough shall have the right to choose
among the remedies and may use one or more remedies concurrently.
[Ord. 00075, 4/14/2014, § 17-606]
1.
Persons (other than the Borough) installing stormwater storage facilities
shall be required to pay a specified amount to the Akron Borough Stormwater
Maintenance Fund to help defray costs of periodic inspections and
administrative expenses.
2.
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 Borough, for a period of 10 years.
B.
If the storage facility is to be owned and maintained by the Borough,
the deposit shall cover the cost of periodic inspections performed
by the Borough and for maintenance costs, for a period of 10 years.
C.
Borough Engineer's initial estimate shall be based upon a reasonable
estimate to inspect the stormwater facilities on each property four
times. Those four times include the completion of work, three years
later, six years later, and nine years after completion. The calculation
includes a 3% increase each year to address salary costs increases.
The formula is as follows:
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Contribution = X + X (1.03) + + X(1.03)6 + X(1.03)9
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D.
The Borough's Engineer will establish the estimated costs utilizing
information submitted by the applicant. If the applicant is not satisfied
with costs prepared by the Borough Engineer, applicant may appeal
the same pursuant to the Local Agency Law.
3.
If at some future time a storage facility (whether publicly or privately
owned) is eliminated due to the installation of storm sewers or other
storage facility the unused portion of the maintenance fund deposit
will be applied to the cost of abandoning the facility and connecting
to the storm sewer system or other facility. Any amount of the deposit
remaining after the costs of abandonment are paid will be returned
to the depositor.
4.
No interest shall be earned on any deposits by any person and all
interest shall become the property of the Borough to be further used
for inspection, maintenance and correction of privately and publicly
owned stormwater storage facilities.
5.
Nothing contained herein shall constitute a waiver of any duty of
any private owner to maintain its stormwater storage facilities at
its sole expense.
6.
The use of these funds by the Borough shall not be limited to the
respective deposit of each property owner. In the event the Borough
uses any of said sums, the property owner shall be fully obligated
to reimburse the Borough for its expenditures and for all costs to
collect thereof, including the Borough's reasonable legal fees.
