A.
The stormwater management plan for the development site shall contain
an operation and maintenance (O&M) plan prepared by the developer
and approved by the City and/or WCD. The operation and maintenance
plan shall outline the responsible party or parties and required routine
maintenance actions and schedules necessary to insure proper operation
of the stormwater control facility or facilities.
B.
The stormwater management plan for the development site shall establish
responsibilities for the continuing 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 City, 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 City Council, upon recommendation of the City Engineer, shall
make the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The City
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 both the City of
Monessen and Rostraver Township, then the plan shall be reviewed by
the City, Rostraver Township and 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 after every storm event, or as approved
in the O&M plan. The owner shall document the inspections with
reports that shall include photographs, written reports detailing
the condition of the facility, measured drawings as necessary to document
conditions of the facility or facilities and repair completed. The
report shall be provided to the City within two weeks of the inspection.
A.
No regulated development activities within the City will be considered
complete until approval by the City 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
map(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 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 City.
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: Said appendix is included as an attachment to this chapter.
D.
If the owner fails, refuses or neglects to maintain any stormwater facility and/or BMP, the City reserves the right to conduct maintenance work and charge and assess the owner any and all costs, expenses incurred and fees set by the City. The City 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 City easements
and/or rights-of-way to assure access for periodic inspections by
the City and maintenance, if required.
(3)
The owner, successors and assigns shall keep on file with the City
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 City 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 City to correct the
problem(s), the City may perform the necessary maintenance work or
corrective work and the owner shall reimburse the municipality for
all costs.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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 City's Solicitor
and the City 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 City covering all stormwater facilities and BMPs that are
to be privately owned. The agreement shall be substantially the same
as the agreement in Appendix C[2] of this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Persons installing stormwater facilities or BMPs shall be required
to pay a specified amount to the City 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 City for a period of four years (refer to Appendix
F[1]). After that period of time, inspections will be performed
at the expense of the City.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
If the stormwater facilities and/or BMPs are to be accepted, owned
and maintained by the City, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The City 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 City Engineer shall determine
the present worth equivalents which shall be subject to the approval
of the City Council of the City of Monessen.
B.
If stormwater facilities and BMPs are proposed that also serve as
a recreation facility (e.g., ball field, lake), the City may reduce
or waive the amount of the maintenance fund deposit based upon the
value of the land for public recreation purposes, or the City 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.
