[Ord. No. 589-21-01, 6/16/2021]
1.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by Manor Borough and/or WCD. 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).
2.
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:
A.
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 Manor Borough, stormwater facilities and BMPs should
also be dedicated to and maintained by Manor Borough, except for those
individual on-lot facilities and BMPs for privately owned structures.
B.
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.
C.
Person(s) responsible for operation and maintenance of stormwater
facilities and BMPs shall be named with contact information provided.
3.
The Manor Borough Council, upon recommendation of the Borough Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The Manor
Borough Council reserves the right to accept the ownership and operating
responsibility for any or all of the stormwater management facilities
and BMPs.
4.
If the development site involves land located in more than one municipality,
then the plan shall be reviewed by the Borough and/or Conservation
District to determine if all activities both within and without the
Borough meets the requirements of this chapter.
5.
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 Borough 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 Borough.
[Ord. No. 589-21-01, 6/16/2021]
1.
No regulated development activities within Manor Borough will be
considered complete until approval by Manor Borough 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.
2.
The following items shall be included in the BMP operations and maintenance
plan:
A.
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:
(1)
Ownership and operation and maintenance responsibilities of
stormwater facilities and BMPs.
(2)
Clear identification of the location and nature of permanent
stormwater facilities and BMPs.
(3)
The location of the project site relative to highways, Borough
boundaries or other identifiable landmarks.
(4)
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%.
(5)
Existing streams, lakes, ponds, or other bodies of water within
the project site area.
(6)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved.
(7)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
(8)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
(9)
Proposed final structures, roads, paved areas, and buildings.
(10)
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.
B.
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.
C.
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.
D.
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 Borough.
3.
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.
4.
If the owner fails, refuses or neglects to maintain any stormwater facility and/or BMP, Manor Borough reserves the right to conduct maintenance work and charge and assess the owner any and all costs, expenses incurred and fees set by the Borough. The Borough reserves the right to take enforcement actions for failure to perform required O&M. Refer to Part 7 of this chapter.
[Ord. No. 589-21-01, 6/16/2021]
1.
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) shall stipulate that:
A.
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.
B.
The owner, successors and assigns shall convey to Manor Borough easements
and/or rights-of-way to assure access for periodic inspections by
the Borough and maintenance, if required.
C.
The owner, successors and assigns shall keep on file with Manor Borough
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 Borough within 10 days of the change.
D.
If the owner, successors and assigns fails to maintain the stormwater
facilities and BMPs following due notice by Manor Borough to correct
the problem(s), Manor Borough may perform the necessary maintenance
work or corrective work and the owner shall reimburse Manor Borough
for all costs.
2.
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 Borough Solicitor
and the Manor Borough 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.
3.
The property owner shall sign an operations and maintenance agreement
with Manor Borough 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.
[Ord. No. 589-21-01, 6/16/2021]
1.
Persons installing stormwater facilities or BMPs shall be required
to pay a specified amount to the Manor Borough 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:
A.
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 Manor Borough for a period of 10 years, as estimated
by the Borough Engineer. After that period of time, inspections will
be performed at the expense of Manor Borough.
B.
If the stormwater facilities and/or BMPs are to be accepted, owned
and maintained by Manor Borough, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Borough Engineer
will establish the estimated costs utilizing information submitted
by the applicant.
C.
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Borough engineer shall determine
the present worth equivalents which shall be subject to the approval
of the Borough Council of Manor Borough.
2.
If stormwater facilities and BMPs are proposed that also serves as
a recreation facility (e.g., ball field, lake), Manor Borough may
reduce or waive the amount of the maintenance fund deposit based upon
the value of the land for public recreation purposes, or Manor Borough
may accept the maintenance fund deposit on behalf of the agency managing
the recreation resource and make said fees available to the Borough's
maintenance department.
3.
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.
