A.
No regulated earth disturbance activities within the Borough shall
commence until approval by the Borough of BMP operations and maintenance
plan which describes how the permanent (i.e., post-construction) stormwater
BMPs will be properly operated and maintained.
B.
The following items shall be included in the BMP operations and maintenance
plan:
(1)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Fayette County,
and shall be submitted on twenty-four-inch by thirty-six-inch or thirty-inch
by forty-two-inch sheets. The contents of the map(s) shall include,
but not be limited to:
(a)
Clear identification of the location and nature of permanent
stormwater BMPs.
(b)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks.
(c)
Existing and final contours at intervals of two feet, or others
as appropriate.
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area.
(e)
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved.
(f)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
(h)
Proposed final structures, roads, paved areas, and buildings.
(i)
A fifteen-foot-wide access easement around all stormwater BMPs
that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each permanent stormwater BMP will be operated
and maintained, and the identity of the person(s) responsible for
operations and maintenance.
(3)
The name of the project site, the name and address of the owner of
the property, and the name of the individual or firm preparing the
plan.
(4)
A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that can be altered or removed only after approval
by the Borough.
A.
The BMP operations and maintenance plan for the project site shall
establish responsibilities for the continuing operation and maintenance
of all permanent stormwater BMPs, as follows:
(1)
If a plan includes structures or lots which are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the Borough, stormwater BMPs may also be dedicated
to and maintained by the Borough.
(2)
If a plan includes operations and maintenance by a single ownership,
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater BMPs
shall be the responsibility of the owner or private management entity.
B.
The Borough shall make the final determination on the continuing
operations and maintenance responsibilities. The Borough reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater.
A.
The Borough shall review the BMP operations and maintenance plan
for consistency with the purposes and requirements of this chapter,
and any permits issued by DEP.
B.
The Borough shall notify the applicant in writing whether the BMP
operations and maintenance plan is approved.
C.
The Borough may require an as-built survey of all stormwater BMPs,
and an explanation of any discrepancies with the operations and maintenance
plan.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved BMP operations and maintenance plan, or
to allow the property to remain in a condition which does not conform
to an approved BMP operations and maintenance plan, unless an exception
is granted, in writing, by the Borough.
A.
The property owner shall sign an operations and maintenance agreement
with the Borough covering all stormwater BMPs that are to be privately
owned. The agreement shall be substantially the same as the agreement
in Appendix B of this chapter.[1]
[1]
Editor's Note: Appendix B is included as an attachment
to this chapter.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater BMPs. The agreement shall be subject to the review and
approval of the Borough.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Borough
Engineer.
B.
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 120-16.
A.
The owner of any land upon which permanent BMPs will be placed, constructed
or implemented, as described in the BMP operations and maintenance
plan, shall record the following documents in the Office of the Recorder
of Deeds for Fayette County, within 15 days of approval of the BMP
operations plan by the Borough:
B.
The Borough may suspend or revoke any approvals granted for the project
site upon discovery of the failure of the owner to comply with this
section.
A.
If stormwater BMPs are accepted by the Borough for dedication, the
Borough may require persons installing stormwater BMPs to pay a specified
amount to the Municipal Stormwater BMP Operation and Maintenance Fund,
to help defray costs of operations and maintenance activities. The
amount may be determined as follows:
B.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the Borough may adjust the amount due accordingly.
