Township of Cecil, PA Article X Maintenance Responsibilities

§ 203-36 Maintenance responsibilities for developer- or owner-retained facilities.

A. The SWM site plan and report for the project site shall describe the future operation and maintenance responsibilities of the stormwater facilities. The operation and maintenance description shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater control facilities.

B. The SWM site plan and report for the project site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principles:

(1) If a development consists of structures or lots that are to be separately owned with no homeowners' association, and in which streets, sewers, and other public improvements are to be dedicated to the Township, stormwater control facilities/BMPs may also be dedicated to and maintained by the Township provided that § 203-35 of this chapter is complied with.

(2) If a development site is to be maintained in a single ownership (e.g., a commercial development) or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities/BMPs shall be the responsibility of the owner or private management entity.

(3) The Township may take enforcement actions against an applicant for failure to satisfy any provision of this chapter.

C. The Township, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan and report. The Township may request the dedication of such facilities as part of the approval of the SWM site plan. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.

D. It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM site plan, or to allow the property to remain in a condition which does not conform to an approved SWM site plan, unless the Township grants an exception in writing.

§ 203-37 Maintenance agreement for developer- or owner-retained stormwater facilities.

A. Prior to final approval of the SWM site plan and report, the applicant shall sign the Operation and Maintenance (O&M) Agreement (Appendix A)[1], or similar agreement, covering all stormwater control facilities that are to be privately owned. The Operation and Maintenance (O&M) Agreement shall be recorded with the SWM site plan and made a part hereto.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

B. Other items may be included in the Operation and Maintenance (O&M) Agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities. The Operation and Maintenance (O&M) Agreement shall be subject to the review and approval of the Township and the Municipal Solicitor.

C. The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the Operation and Maintenance (O&M) Agreement, the Township may perform the services required and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.