For the purposes of this article, drainage courses, swales, stormwater inlets, pipes, conduits, detention basins and other stormwater management facilities, including best management practices (BMPs), shall be included under the term "stormwater management facilities."
A.
The stormwater management site plan for the development site shall contain an operation and maintenance schedule prepared by the developer and approved by the municipality providing for the necessary and proper operation and maintenance of the stormwater management facility(ies). The maintenance schedule shall also be recorded with the final subdivision or land development plan, if one is required.
B.
The stormwater management site plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, including best management practices (BMPs), consistent with the following principals:
(1)
If a development contains structures such as streets, sewers and other public improvements that will be dedicated to the municipality, stormwater control facilities may also be dedicated to and maintained by the municipality. Even if the municipality elects to accept dedication of streets, the municipality is under no obligation to accept stormwater management facilities located outside of the public right-of-way.
(2)
If a development site is to be maintained in single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities shall be the responsibility of the owner, lessee, private management entity, or any other parties in interests.
C.
The governing body, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the subdivision/land development/stormwater management site plan. The acceptance of ownership and operating/maintenance responsibilities for any or all of the stormwater management facilities is at the sole discretion of the municipality.
D.
Maintenance of stormwater management facilities shall include, but not be limited to, the following:
(1)
Liming and fertilizing vegetated channels and other areas according to the specifications in the "Erosion and Sedimentation Control Handbook of Berks County."
(2)
Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.
(3)
Mowing as necessary to maintain adequate strands of grass and to control weeds. Chemical weed control may be used if federal, state and local laws and regulations are met. Selection of seed mixtures shall be subject to approval by the municipality.
(4)
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.
(5)
Regular inspection of the areas in question to assure proper implementation of BMPs, maintenance and care.
(6)
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
A.
Prior to final approval of the development site's stormwater management site plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities that are to be privately owned. Said agreement, designated as Appendix E, is attached and made part hereto.[1] The agreement shall stipulate that:
(1)
The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.
(2)
The owner 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 shall keep in file with the municipality the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the municipality within 10 days of the change.
(4)
If the owner fails to maintain the stormwater control facilities 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 reasonable costs. Failure to reimburse the municipality may lead to a lien being placed against any or all properties which utilize the facility.
[1]
Editor's Note: Appendix E, Suggested Stormwater Management Agreement, is included as an attachment to this chapter.
B.
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Municipal Solicitor and governing body.
A.
If stormwater management facilities are accepted by the municipality for dedication, the landowner/developer shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(1)
If the stormwater facility is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal Engineer will establish the estimated costs utilizing information submitted by the applicant.
(2)
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the municipal governing body.
B.
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the municipality may reduce or waive the amount of the Maintenance Fund deposit based upon the value of the land for public recreation purpose.
C.
If at any time a dedicated storage facility is eliminated due to the installation of storm sewers or other storage facility such as a regional detention facility, 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 the costs of abandonment are paid will be returned to the depositor.
D.
All dedicated facilities shall be inspected once every three years and after all major storm events by the Municipal Engineer to ensure the continued functioning of the facility. Maintenance will be conducted, based on these inspections, as is necessary to provide for the continued functioning of the facility. Costs of inspections and repairs are recoverable from the Municipal Stormwater Maintenance Fund.
A.
Stormwater management facilities existing on the effective date of this Part 1 on individual lots which have not been accepted by the municipality or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association shall be maintained by the individual property owners. Such maintenance shall include at a minimum those items set forth in § 410-26D above. If the municipality determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the property owner does not take the required corrective action, the municipality may either perform the work or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the property owner within 30 days, the municipality may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws.
B.
No person shall modify, remove, fill, landscape or alter stormwater management facilities which have been installed on a property unless a stormwater management permit has been obtained to permit such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill landscaping or vegetation into a stormwater management facility or within a drainage easement which will limit or alter the functioning of the facility or easement in any manner.
[Added 8-10-2021 by Ord. No. 306]
A.
Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance 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 control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the Municipal Engineer. After that period of time, inspections will be performed at the expense of the municipality.
(2)
If the stormwater control or BMP is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal 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 Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.
B.
If a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ballfield, lake), the municipality may reduce or waive the amount of the Maintenance Fund deposit based upon the value of the land for public recreation purpose.
C.
If at some future time a stormwater control or BMP (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, 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 the costs of abandonment are paid will be returned to the depositor.
D.
If stormwater controls or BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
E.
Long-term maintenance. The municipality shall require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long-term maintenance of stormwater control and best management practice.
F.
Stormwater related problems. The municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater related problems which may arise from the land development and earth disturbance. The Municipal Engineer will establish the estimated cost of utilizing information submitted by the applicant.