Town of McCandless, PA DIVISION 4 Operational Provisions

§ 913.19 Operation and maintenance responsibilities.

[Ord. No. 1528, 9-26-2022]

(a) General responsibilities.

(1) The owner of stormwater management facilities shall be responsible for the proper operation and maintenance of those facilities during and after construction. An operation and maintenance plan consistent with the requirements of § 913.19(c) shall be prepared for review and approval by the Engineer and shall be executed and signed by the Town and the applicant.

(2) The owner of the stormwater management facilities for a property shall be responsible for the proper installation and function of those facilities in accordance with the approved stormwater management plan. All temporary soil erosion and sedimentation control measures shall be removed or converted to their permanent configuration in accordance with an approved erosion control plan. This requirement in no way precludes the authority of the Allegheny County Conservation District to determine when sufficient stabilization has occurred on a site in order to convert to the permanent stormwater management facilities.

(3) Dedication and acceptance of stormwater management facilities.

A. All facilities shall be privately owned or owned by a homeowners' association or similar entity capable of carrying out maintenance responsibilities. In certain cases, as deemed necessary by the Town, the Town may accept an offer of dedication.

B. If dedication of the facilities is deemed necessary by the Town, upon completion of construction of stormwater management facilities shown on an approved subdivision or land development plan and within 90 days after approval of such construction, the applicant shall submit a written offer of such stormwater management facilities for dedication to the Town. Said offer shall include a deed of dedication covering said facilities together with satisfactory proof establishing an applicant's clear title to said property. Such documents are to be filed with the Land Use Administrator for review by the Town Attorney. Deeds of dedication for stormwater management facilities may be accepted by resolution of the Town at a regular meeting thereof. The offer of these facilities does not constitute an acceptance by the Town.

C. Regardless of ownership, the applicant shall submit a written offer deeding an access and/or drainage easement to the Town pursuant to § 913.19(b). Such easement shall cover the stormwater management facilities, any drainage to and from such facilities, and shall clearly permit Town entry for inspection and/or maintenance purposes.

D. Regardless of ownership, the applicant shall submit an actual as-built plan to the Town for the stormwater management facilities required per the approved stormwater management plan. The as-built plan shall show all final design specifications for all permanent stormwater management facilities, including, but not limited to, pipe material and diameter, inlet, outlet, and overflow elevations, two-foot contours for all detention/retention basins and drainage swales, and a comparison of as-built capacities compared to the capacities of the approved design facilities, and shall be prepared and certified by a licensed professional engineer. The as-built plan shall be based on an actual field survey performed by a licensed professional land surveyor. The surveyor shall certify as to the accuracy of the plan. The as-built plan shall be submitted to the Town for review by the Engineer. Any performance and/or financial securities established for the project shall include requirements for submittal of as-built plans.

E. The as-built plan(s) shall be submitted to the Town in a digital format or formats approved by the Town.

(4) Inspection of stormwater management BMP controls.

A. The Town Engineer or a designated representative shall inspect the construction and permanent operation and maintenance of all temporary and permanent stormwater management BMP controls, as required, for the development site.

B. A note must be placed on the recorded subdivision and land development drawings as follows: "As per the approved stormwater management plan, the Town shall have the right of access to the on-site stormwater management facilities for the right of inspection and maintenance. In the event that the owner, assigns or heirs do not adequately maintain the facility, the owner, assigns or heirs shall reimburse the Town for all costs associated with said maintenance. The aforementioned rights granted to the Town in no way diminish the responsibility of the owner, assigns or heirs of said maintenance, and no liability will be assumed by the Town, or its representatives associated with the required access for maintenance and inspection purposes."

C. The permittee shall notify the Engineer 48 hours in advance of the completion of the following key development phases:

1. Prior to starting any construction to review the proposed BMPs on site.

2. At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities BMPs.

3. During construction of the permanent BMPs at such times as specified by the Town Engineer.

4. Completion of permanent BMPs, including established ground covers and plantings.

5. Completion of any final grading, vegetative control measures, or other site restoration work done in accordance with the approved plan and permit.

D. No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Town Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.

E. If, during construction, the contractor or permittee identifies any site conditions, such as subsurface soil condition, or alterations in surface or subsurface drainage, which could affect the feasibility of the approved stormwater facility BMPs, he must notify the Town Engineer within 24 hours of the discovery of such condition and request a field inspection. The Town Engineer shall determine if the condition requires a stormwater plan modification.

F. In cases where stormwater facility BMPs are to be installed in areas of landslide-prone soils or where other special site conditions exist, the Town may require special precautions, such as soil tests and core borings, full-time resident inspectors, and/or similar measures. All costs of any such measures shall be borne by the permittee.

G. The owner or designated party responsible for the long-term operation and maintenance of stormwater management facilities shall inspect, maintain, and repair their facilities in accordance with the executed operation and maintenance agreement. Inspection reports must be submitted to the Town every two years.

(b) Ownership and maintenance. All stormwater management facilities identified within an approved stormwater management plan shall be owned and maintained by one, or a combination of, the following entities:

(1) Private ownership.

A. Where individual on-lot stormwater management facilities are proposed, the subdivision and/or land development plan shall contain a note in a form satisfactory to the Town Attorney designating the entity responsible for operation and maintenance of the on-lot facilities consistent with an approved operation and maintenance plan and, in the event that the responsible person or entity fails to do so, granting to the Town the right but not the duty to enter upon the premises to repair or restore said facilities, to charge and assess the costs thereof to the owner, including a reasonable allowance for overhead, and to enforce said charges and assessments by lien upon the property. In addition, the deed for each lot shall contain a perpetual covenant binding the grantee and all successors in interest designating the responsibility for operation and maintenance of the on-lot facilities essentially in the following form:

"UNDER AND SUBJECT, nevertheless, to the following conditions and restrictions: Prior to any Earth Disturbance for which stormwater management facilities are required by the Town, Grantee shall construct the permanent stormwater management facilities as shown on the stormwater management plan (the "Plan") prepared by <NAME>, P.E., dated <DATE> and last revised <DATE> and approved by the Town; thereafter, the Grantee, his heirs, executors, administrators, successors and assigns (the "Owner"), at his sole cost and expense, shall operate, maintain and repair said stormwater management facilities on the lot in accordance with said Plan, so that the facilities shall at all times continue to operate and function in the same manner and capacity as they were designed. In the event of the failure of the Owner to comply with these conditions and restrictions, the Town shall have the right at the sole discretion of the Town to have said stormwater management facilities repaired or restored as required, and the costs thereof plus a reasonable allowance for overhead shall be assessed to the Owner, said assessment shall be a charge and a continuing lien upon the property herein. The Town, before it may exercise this right, shall notify the Owner by certified mail of its intention to take the aforesaid action. The notice shall set forth in what manner the Owner has neglected the operation and maintenance of or repair to the stormwater management facilities, and if the Owner fails, within a period of 90 calendar days, to correct or repair the items listed in the notice from the Town, then, and only then, may the Town exercise this right."

B. In addition to the above, developers of parcels with more than one dwelling unit shall record in the office of Recorder of Deeds for Allegheny County a declaration of covenants and restrictions, in a form satisfactory to the Town Attorney, describing the responsibility for operation and maintenance of the on-lot facilities, consistent with an approved operation and maintenance plan, prior to the sale of any individual lots. The terms of this covenant and restriction shall run with the land and be binding upon the initial grantees of each lot within the subdivision, his, her or their heirs, administrators, successors or assigns.

C. The applicant shall execute a stormwater facilities maintenance and monitoring agreement and provide a financial guarantee to the Town to cover costs associated with any inspections or maintenance of the stormwater management facility that may be required by the Town if the owner fails to inspect or maintain the facility. The stormwater facilities maintenance and monitoring agreement shall be substantially the same as the sample agreement in Appendix C of this article.[1]

[1] Editor's Note: Appendix C is included as an attachment to this article.

(2) Homeowners' or condominium association ownership. Where a homeowners' association is created to own and manage common facilities, the subdivision and/or land development plan shall contain a note, in a form satisfactory to the Town Attorney, designating the entity responsible for construction and/or maintenance of the stormwater management facilities consistent with an approved operation and maintenance plan and, in the event that the responsible entity fails to do so, granting to the Town the right but not the duty to enter upon the premises to repair or restore said facilities, to charge and assess the costs thereof plus a reasonable allowance for overhead to each owner of property within the development and to enforce said charges and assessments by lien upon each property within the development. In addition, the developer shall record in the office of Recorder of Deeds for Allegheny County a declaration of covenants, in a form satisfactory to the Town Attorney, setting forth the rights and responsibilities of the homeowners' association for operation and maintenance of the stormwater management facilities, prior to the sale of individual lots. The terms of this covenant and restriction shall run with the land and be binding upon the initial grantees of each lot within the subdivision, his, her or their heirs, administrators, successors, and assigns.

A. The applicant shall execute a stormwater facilities maintenance and monitoring agreement and shall provide a financial guarantee to the Town to cover costs associated with any inspections or maintenance of the stormwater management facility that may be required by the Town if the owner fails to inspect or maintain the facility. The stormwater facilities maintenance and monitoring agreement shall be substantially the same as the sample agreement in Appendix C of this article.[2]

[2] Editor's Note: Appendix C is included as an attachment to this article.

(3) Town ownership. All facilities shall be privately owned or owned by a homeowners' association or similar entity. In certain cases, as deemed necessary by the Town, the Town may accept an offer of dedication. Where the Town has accepted an offer of dedication of the permanent stormwater management facilities, the Town shall be responsible for operation and maintenance. Town ownership notwithstanding, the applicant is required to prepare a stormwater management plan and an operation and maintenance plan, as defined herein.

(c) Operation and maintenance plan. An operation and maintenance plan shall be prepared by an engineer licensed to practice in the Commonwealth of Pennsylvania that identifies the ownership, operation and maintenance responsibilities and as-built conditions for all stormwater management facilities. At a minimum, the operation and maintenance plan shall include the following:

(1) Any obligations concerning perpetuation and/or maintenance of natural drainage or infiltration facilities, and other facilities identified within the stormwater management plan. Ownership of and responsibility for operation and maintenance of stormwater management facilities, including names and contact information, shall be required.

(2) A description of the permanent stormwater management facilities on the site, explaining how each facility is intended to function and operate over time. All drainage and access easements shall be depicted, and any site restrictions to be recorded against the property shall be identified on the recorded plan. All such easements and restrictions shall be perfected to run with the land and be binding upon the landowner and any successors in interest.

(3) A description of the actions, budget, and schedule for operating and maintaining the stormwater management facilities. This description should be written in a clear manner, consistent with the knowledge and understanding of the intended user.

(4) A general description of operation and maintenance activities and responsibilities for facilities held in common or on-lot, including, but not limited to, lawn care, vegetation maintenance, cleanout of accumulated debris and sediment (including from grates, trash racks, inlets, etc.), liability insurance, maintenance and repair of stormwater management facilities, landscaping and planting, payment of taxes and construction of any kind associated with the use, benefit and enjoyment of the facilities by the owners. In particular, a description of routine facility operation and day-to-day management requirements (as needed) and a description of routine maintenance actions and schedules necessary to ensure proper operation of stormwater management facilities shall be submitted.

(5) Assurances that no action will be taken by any lot owner to disrupt or in any way impair the effectiveness of any stormwater management system, setting forth in deed restrictions the ability of the Town to take corrective measures if it is determined at any time that stipulated permanent stormwater management facilities have been eliminated, altered, or improperly maintained, including the ability of the Town to cause the work to be done and lien all costs plus a reasonable overhead allowance against the property should the required corrective measures not be taken by the lot owner, following written notification, within a period of time set by Engineer.

(6) Parties responsible for the long-term operation and maintenance of stormwater management facilities shall make records of the installation and of all maintenance and repairs and shall retain the records. These records shall be submitted to the Town every two years.

(7) A note must be placed on the recorded subdivision and land development drawings as follows: "As per the Approved Stormwater Management Plan, the Town shall have the right of access to the on-site stormwater management facilities for the right of inspection and maintenance. In the event that the Owner, assigns or heirs do not adequately maintain the facility, the Owner, assigns or heirs shall reimburse the Town for all costs associated with said maintenance if the Town exercises its right to maintain the facility. The aforementioned rights granted to the Town in no way diminish the responsibility of the Owner, assigns or heirs of said maintenance, and no liability will be assumed by the Town, or its representatives associated with the required access for maintenance and inspection purposes."

(d) Operations and maintenance agreement.

(1) The owner of any land upon which permanent stormwater management facilities and/or BMPs will be placed, constructed, or implemented, as described in an approved stormwater management plan and the operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Allegheny County within 15 days of approval of the operations and maintenance plan by the Town:

A. The operations and maintenance plan, or a summary thereof;

B. The operations and maintenance agreement; and

C. Access and/or drainage easements.

(2) The operations and maintenance agreement shall be substantially the same as the sample agreement in Appendix C of this article.[3]

[3] Editor's Note: Appendix C is included as an attachment to this article.

(3) Other items or conditions may be included in the operations and maintenance agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater facilities and BMPs. The agreement shall be subject to the review and approval of the Town.

(4) The Town may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with § 913.19 of this article.

§ 913.20 Plan submission; review; review fees.

[Ord. No. 1528, 9-26-2022]

Plan submission will be according to the requirements set forth in the Subdivision and Land Development Ordinance,[1] and submit one copy of pertinent documents to the Allegheny County Conservation District (when requested by the District), or as required by the Town Land Use Administrator.

(a) The Engineer shall review the stormwater management plan for consistency with this article. Any stormwater management plan found incomplete shall not be accepted for review and shall be returned to the applicant.

(b) The Engineer shall review the stormwater management plan for any subdivision or land development against the Subdivision and Land Development Ordinance provisions not superseded by this article.

(c) When required by regulation, the County Conservation District shall review and approve the erosion and sedimentation control plan for consistency with PADEP's Chapter 102 regulations.

(d) For activities regulated by this article, the Engineer shall notify the Town whether or not the stormwater management plan is consistent with the article.

(1) Should the stormwater management plan be determined to be consistent with this article, the Engineer shall forward an approval letter to the Town Land Use Administrator, who will then forward a copy to the applicant.

(2) Should the stormwater management plan be determined to be inconsistent with this article, the Engineer shall forward a disapproval letter to the Town Land Use Administrator, who will then forward a copy to the applicant. The disapproval letter shall cite the reason(s) and specific ordinance sections for the disapproval. Disapproval may be due to inadequate information to make a reasonable judgment as to compliance with the stormwater management plan. Any disapproved stormwater management plans may be revised by the applicant and resubmitted to the Town consistent with this article. Direct submissions to the Engineer will not be considered official and are discouraged.

(e) For regulated activities specified in §§ 913.02 to 913.12, which require a building permit, the Engineer shall notify the Town Building Inspector, in writing, within a time frame consistent with the Town Building Code[2] and/or Town Subdivision Ordinance, whether the stormwater management plan is consistent with this article and forward a copy of the approval/disapproval letter to the applicant. Any disapproved stormwater management plan may be revised by the applicant and resubmitted consistent with this article.

[2] Editor's Note: See Part 17, Building Code, of this Code.

(f) For regulated activities under this article that require an NPDES permit application, the applicant shall forward a copy of the Engineer's letter stating that the stormwater management plan is consistent with this article to the County Conservation District. PADEP and the County Conservation District may consider the Engineer's review comments in determining whether to issue a permit.

(g) The Town shall not grant preliminary or final approval to any subdivision or land development for regulated activities specified in §§ 913.02 to 913.12 of this article if the stormwater management plan has been found to be inconsistent with this article, as determined by the Engineer. All required permits from PADEP must be obtained prior to approval of any subdivision or land development.

(h) No building permits shall be issued for any regulated activity specified in §§ 913.02 to 913.12 of this article if the stormwater management plan has been found to be inconsistent with this article, as determined by the Engineer, or without considering the comments of the Engineer. All required permits from PADEP must be obtained prior to issuance of a building permit.

(i) The applicant shall be responsible for completing record as-built drawings of all stormwater management facilities included in the approved stormwater management plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the Engineer for final approval. In no case shall the Town approve the record drawings until the Town receives a copy of an approved highway occupancy permit from the PennDOT district office, NPDES permit, and any other applicable permits or approvals from PADEP or the County Conservation District. The above permits and approvals must be based on the record drawings. The record drawings must include copies of all applicable permits and approvals.

(j) The Town's approval of a stormwater management plan shall be valid for a period not to exceed five years, commencing on the date that the Town approves the stormwater management plan. If stormwater management facilities included in the approved stormwater management plan have not been constructed, or if constructed and record drawings of these facilities have not been approved within this time period, then the Town may consider the stormwater management plan disapproved and may revoke any and all permits. Stormwater management plans that are considered disapproved by the Town shall be resubmitted in accordance with § 913.20 of this article.

(k) Modification of plans. A modification to a stormwater management plan under review by the Town for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the stormwater management plan as determined by the Engineer, shall require a resubmission of a modified stormwater management plan consistent with this article and shall be subject to review as specified in § 913.20 of this article.

(l) Resubmission of disapproved stormwater plans. A disapproved stormwater management plan may be resubmitted, with the revisions addressing the Engineer's concerns documented in writing and addressed to the Town Land Use Administrator in accordance with § 913.20 of this article, and distributed accordingly, and shall be subject to review as specified in § 913.20 of this article. Any applicable Town review and inspection fee must accompany a resubmission of a disapproved stormwater management plan.

(m) Town stormwater plan review and inspection fees.

(1) Fees may be established from time to time by the Town in accordance with applicable laws to defray plan review and construction inspection costs incurred by the Town. All fees shall be paid by the applicant at the time of stormwater management plan submission.

(2) Any fees established pursuant to this article may include, but not necessarily be limited to, any of the following:

A. Administrative costs.

B. The review of the stormwater management plan by the Town, county (if applicable), Allegheny County Conservation District (if applicable) and the Engineer(s).

C. The site inspections.

D. The inspection of stormwater management facilities and stormwater management improvements during construction.

E. The final inspection upon completion of the stormwater management facilities.

F. Any additional work required to enforce any permit provisions regulated by this article, correct violations, and assure proper completion of stipulated remedial actions.

[1] Editor's Note: See Part 13 of this Code.