A.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Municipality. The operation and maintenance plan shall outline
the responsible party(ies) and required routine maintenance actions
and schedules necessary to ensure proper operation of the stormwater
control facility(ies).
B.
The stormwater management plan for the development site shall establish
responsibilities for the continuing operation and maintenance (O&M)
of all stormwater facilities and BMPs, consistent with the following:
(1)
If a development consists of structures or lots which are to
be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the Municipality, stormwater facilities
and BMPs should also be dedicated to and maintained by the Municipality,
except for those individual on-lot facilities and BMPs for privately
owned structures.
(2)
If a development site is to be held in single ownership or if
sewers and other public improvements are to be privately owned, operated
and maintained, then the operation and maintenance of stormwater facilities
and BMPs should be the responsibility of the owner or private management
entity.
(3)
Person(s) responsible for operation and maintenance of stormwater
facilities and BMPs shall be named with contact information provided.
C.
The Municipality of Murrysville Council, upon recommendation of the
Municipal Engineer, shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the stormwater
management plan. The Municipality of Murrysville Council reserves
the right to accept the ownership and operating responsibility for
any or all of the stormwater management facilities and BMPs.
D.
If the development site involves land located in more than one municipality,
then the plan shall be reviewed by the Municipality and/or Conservation
District to determine if all activities both within and without the
Municipality meet the requirements of this chapter.
E.
Stormwater facilities and BMPs shall be inspected by the owner/responsible
party named in the O&M plan on a regular basis as determined by
the Municipality or as approved in the O&M plan. Inspections may
include photographs, written reports, and measured drawings as necessary
to document conditions of the facility(ies), and the report shall
be provided to the Municipality when completed.
A.
No regulated development activities within the Municipality will
be considered complete until approval by the Municipality of a BMP
operations and maintenance plan which describes how the permanent
(i.e., post-construction) stormwater facilities and 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 office of the Recorder of Deeds of Westmoreland
County; refer to the http://www.wcdeeds.us/dts/. The contents of the
maps(s) shall include, but not be limited to:
(a)
Ownership and operation and maintenance responsibilities of
stormwater facilities and BMPs.
(b)
Clear identification of the location and nature of permanent
stormwater facilities and BMPs.
(c)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks.
(d)
Existing and final contours at intervals of two feet are required
if the general slope of the site is less than 15%, and at vertical
intervals of five feet if the general slope is equal to or greater
than 15%.
(e)
Existing streams, lakes, ponds, or other bodies of water within
the project site area.
(f)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainagecourses, and areas of natural
vegetation to be preserved.
(g)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
(h)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
(i)
Proposed final structures, roads, paved areas, and buildings.
(j)
A fifteen-foot-wide access easement around all stormwater facilities
and BMPs that would provide ingress to and egress from a public right-of-way.
(2)
A description of how each permanent stormwater facility and
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 facilities and BMPs are fixtures that can be altered or
removed only after approval by the Municipality.
C.
Each stormwater facility and BMP shall be recorded with the county
as permanent real estate appurtenances, and as deed restrictions or
conservation easements that run with the land. Prior to final approval
of the stormwater plan, the property owner shall sign and record an
O&M agreement for those facilities and BMPs. Refer to Appendix
B of this chapter.[1]
[1]
Editor's Note: Appendix B is on file in the municipal offices.
D.
If the owner fails, refuses or neglects to maintain any stormwater facility and/or BMP, the Municipality reserves the right to conduct maintenance work and charge and assess the owner any and all costs, expenses incurred and fees set by the Municipality. The Municipality reserves the right to take enforcement actions for failure to perform required O&M. Refer to Article VII of this chapter.
A.
Prior to final approval of the site's stormwater management
plan, the property owner shall sign and record a maintenance agreement
covering all stormwater facilities and BMPs which are to be privately
owned. The agreement (refer to Appendix B[1]) shall stipulate that:
(1)
The owner, successors and assigns shall maintain all facilities
in accordance with the approved maintenance schedule and shall keep
all facilities in a safe and functional manner and consistent with
the surrounding natural area.
(2)
The owner, successors and assigns shall convey to the Municipality
easements and/or rights-of-way to assure access for periodic inspections
by the Municipality and maintenance, if required.
(3)
The owner, successors and assigns shall keep on file with the
Municipality the name, address and telephone number of the person
or company responsible for maintenance activities; and in the event
of a change, new information will be submitted to the Municipality
within 10 days of the change.
(4)
If the owner, successors and assigns fail to maintain the stormwater
facilities and BMPs following due notice by the Municipality to correct
the problem(s), the Municipality may perform the necessary maintenance
work or corrective work, and the owner shall reimburse the Municipality
for all costs.
[1]
Editor's Note: Appendix B is on file in the municipal offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory inspection and maintenance of all stormwater
facilities and BMPs for a ten-year period. The maintenance agreement
shall be subject to the review and approval of the Municipal Solicitor
and the Municipality of Murrysville Council and shall be in a form
such as may be recorded in the office of the Recorder of Deeds in
the county in which the facility is located.
C.
The property owner shall sign an operations and maintenance agreement
with the Municipality covering all stormwater facilities and BMPs
that are to be privately owned. The agreement shall be substantially
the same as the agreement in the Appendix of this chapter.[2]
[2]
Editor's Note: The appendixes are on file in the municipal
offices.
A.
Persons installing stormwater facilities or BMPs shall be required
to pay a specified amount to the Municipality Stormwater Facilities
and BMPs Fund to help defray costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
(1)
If the stormwater facilities and/or BMPs are to be privately
owned and maintained, the deposit shall cover the cost of periodic
inspections performed by the Municipality for a period of 10 years,
as estimated by the Municipality Engineer. After that period of time,
inspections will be performed at the expense of the Municipality.
(2)
If the stormwater facilities and/or BMPs are to be accepted,
owned and maintained by the Municipality, the deposit shall cover
the estimated costs for maintenance and inspections for 10 years.
The Municipal Engineer will establish the estimated costs utilizing
information submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted to
present worth of the annual series values. The Municipal Engineer
shall determine the present worth equivalents, which shall be subject
to the approval of the governing body of the Municipality.
B.
If stormwater facilities and BMPs are proposed that also serve as
a recreation facility (e.g., ballfield, lake), the Municipality may
reduce or waive the amount of the maintenance fund deposit based upon
the value of the land for public recreation purposes, or the Municipality
may accept the maintenance fund deposit on behalf of the agency managing
the recreation resource and make said fees available to the agency's
maintenance department.
C.
If at some future time stormwater facilities and BMPs (whether publicly
or privately owned) are eliminated due to the installation of storm
sewers or other stormwater facilities and BMPs, 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 costs of abandonment are
paid will be returned to the depositor.
