A.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Borough of Derry and/or the 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).
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 Borough, stormwater facilities and BMPs should
also be dedicated to and maintained by the Borough, 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 Borough of Derry 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 Borough of Derry Council reserves the right to accept the
ownership and operating responsibility for any or all of the stormwater
management facilities and BMPs. Under no circumstances is the Borough
of Derry obligated to accept 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 Borough and WCD to determine
if all activities both within and without the Borough meet the requirements
of this chapter. The Borough may only approve stormwater management
plans, facilities and BMPs and development activities located within
the Borough, unless the Borough and the other municipality(ies) enter
into an intergovernmental cooperation agreement authorizing the Borough
to approve the same in the other municipality(ies).
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 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 as requested.
A.
No regulated development activities within the Borough will be considered
complete until approval by the 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.
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, including individual on-lot BMPs that
are to be provided as per the approved stormwater management plan.
(c)
The location of the project site relative to highways, Borough
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 of the 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 Borough.
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 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 Article VII of this chapter.
A.
Prior to final approval of the site's stormwater management
plan the property owner shall sign and record with the Recorder of
Deeds Office of Westmoreland County an operations and 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 Borough easements
and/or rights-of-way to assure access for periodic inspections by
the Borough and maintenance, if required.
(3)
The owner, successors and assigns shall keep on file with the 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.
(4)
If the owner, successors and assigns fails to maintain the stormwater
facilities and BMPs following due notice by the Borough to correct
the problem(s), the Borough may perform the necessary maintenance
work or corrective work and the owner shall reimburse the Borough
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 Borough Solicitor
and Borough Council and shall be in a form such as may be recorded
in the Office of the Recorder of Deeds of Westmoreland County.
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] 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.
[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 Derry Borough Stormwater Facilities
and BMPs Fund, as established by the Borough, 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 accepted, owned
and maintained by the Borough, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Borough Engineer
will review these estimated costs as submitted by the applicant and
may request additional information from the applicant supporting these
costs.
(2)
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 Borough Council.
B.
If stormwater facilities and BMPs are proposed that also serve as
a recreation facility (e.g., ball field, lake), the Borough may reduce
or waive the amount of the maintenance fund deposit based upon the
value of the land for public recreation purposes, or the Borough 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.
D.
As the Municipal Authority of the Borough of Derry (MABD) is the
assignment enforcement arm of the Borough, is delegated the authority
to issue and collect stormwater fees and has a separate account for
the same and owns and maintains the subsurface stormwater facilities,
the MABD shall establish the bank account to pay for the inspections.
