A.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Township of Mount Pleasant. The operation and maintenance plan
shall outline the responsible party(ies) and required routine maintenance
actions and schedules necessary to insure proper operation of the
stormwater control facility(s).
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 Board of Supervisors of the Township of Mount Pleasant, upon
recommendation of the Mount Pleasant Township Engineer, shall make
the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The Board
of Supervisors of the Township of Mount Pleasant reserve 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 meets 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 an annual basis as determined by
the municipality or as approved in the O&M plan. Inspections may
include photographs, written reports, measured drawings as necessary
to document conditions of the facility(s) and the report shall be
provided to the municipality within 30 days after a written request
by the municipality.
A.
No regulated development activities within the municipality will
be considered complete until approval by the municipality of 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, municipality
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 drainage courses, 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 facilities and BMPs
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.
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 the Recorder
of Deeds for Westmoreland County within 15 days of approval of the
BMP operations plan by the Township:
(1)
The operations and maintenance plan, or memorandum of understanding
in the form set forth in Appendices B.1 or B.2;[1]
[1]
Editor's Note: Said appendices are included as attachments to this chapter.
(2)
All easements required by this chapter.
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.2) 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 fails 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.
B.
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. The agreement
shall be recorded as an encumbrance on the property and shall contain
a covenant running with the land which shall be recorded in the Office
of the Recorder of Deeds in and for Westmoreland County, Pennsylvania,
within 30 days of the execution of the agreement. The costs of recording
said agreement shall be the responsibility of the property owner and/or
the developer. A certified copy of the recorded agreement shall be
delivered to the municipality within 15 days of recording.
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 the BMPs are accepted by the
municipality for dedication, persons installing stormwater management
storage BMPs shall be required to pay a specified amount to the stormwater
maintenance fund to help defray the costs of period inspections and
maintenance expenses. The amount of the deposit shall be determined
as follows: For all stormwater detention/retention facilities that
are to be dedicated and accepted by the municipality for ownership
and maintenance, a one-time cash payment shall be deposited with the
Township in the amount based upon the cubic feet of storage, with
a minimum bond amount of $5,000 for zero to 8,000 cubic feet and $0.20
for each additional cubic foot of storage required thereafter. The
money shall be deposited in a separate account to be used for the
perpetual maintenance of the facility. The Township may combine these
funds with other stormwater maintenance funds into a single account
but a separate ledger shall be kept for each separate facility.
B.
If stormwater facilities and BMPs are proposed that also serves as
a recreation facility (e.g., ball field, 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.
