A.
The landowner, successor and assigns shall execute a Stormwater Management
Agreement and Declaration of Easement ("SWM maintenance agreement"),
in such form as is attached to this chapter as Appendix C and made
a part hereof. [1]The SWM maintenance agreement must contain an approved
O&M plan as Exhibit A. The O&M plan, which must be submitted
to the Borough along with the SWM site plan application, must contain
a narrative detailing the planned operations and maintenance of the
SWM facilities.
[1]
Editor's Note: Appendix C is included as an attachment
to this chapter.
B.
The landowner shall convey to the Borough via the SWM maintenance
agreement easements to assure access for inspections and maintenance,
if required.
C.
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.
D.
Any permanent SWM facilities must be enumerated as permanent real
estate appurtenances and recorded as deed restrictions or easements
that run with the land.
E.
The SWM maintenance agreement shall cover all SWM facilities, including
riparian buffers and riparian forest buffers, which are to be privately
owned. The SWM maintenance agreement shall be recorded as a restrictive
covenant agreement that runs with the land.
F.
If the regulated activities constitute a small project, the landowner
is not required to execute the SWM maintenance agreement set forth
in Appendix C.[2] In the case of a small project, the landowner must execute
a stormwater management agreement and declaration of easement ("small
project maintenance agreement") in such form as is attached to this
chapter as Appendix F and made a part hereof.[3]
A.
The O&M plan shall clearly establish the operation and maintenance
necessary to ensure the proper functioning of all temporary and permanent
SWM facilities and E&S control facilities.
B.
The following shall be addressed in the O&M plan:
(1)
Description of maintenance requirements, including, but not
limited to, the following:
(a)
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:
(b)
All pipes, swales and detention facilities shall be kept free
of any debris or other obstruction and in original design condition.
(c)
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.
(d)
Reestablishment 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.
(2)
Riparian forest buffer management plan prepared in accordance
with Chapter 102, § 14(b)(4), if required.
(3)
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent SWM and E&S control facilities.
(4)
Establishment of suitable easements for access to all SWM facilities.
A.
The Borough reserves the right to accept or reject any proposal to
dedicate ownership and operating responsibility of any SWM facilities
to the Borough.
B.
If SWM facilities are accepted by the Borough for dedication, the
landowner/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
Borough Council:
(1)
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.
(2)
The amount of the deposit to the fund shall be converted to
present worth of the annual series values.
(3)
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.
C.
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.
D.
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.
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 § 343-603B(1) 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.
