A. 
The Borough shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Borough may require a dedication of such facilities as part of the requirements for approval of the SWM plan. Such a requirement is not an indication that the Borough will accept the facilities. The Borough reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. 
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
C. 
The record owner of the development site shall sign and record an operation and maintenance (O & M) agreement covering all stormwater management facilities, including riparian buffers and riparian forest buffers, which are to be privately owned Said agreement, designated as Appendix No. 5,[1] is attached and made part hereto. The O & M plan and agreement shall be recorded as a restrictive covenant agreement that runs with the land.
[1]
Editor's Note: The appendices are included as attachments to this chapter.
D. 
The Borough may take enforcement actions against a landowner for any failure to satisfy the provisions of this article.
A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O & M) agreement covering all stormwater control facilities which are to be privately owned.
(1) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O & M agreement.
(2) 
The Owner shall convey to the Borough conservation easements to assure access for periodic inspections by the Borough and maintenance, as necessary.
(3) 
The owner shall keep on file with the Borough the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the Borough within 10 working days of the change.
B. 
The operation and maintenance agreement shall be subject to the review and approval of the Municipal Solicitor and governing body.
C. 
The Borough is exempt from the requirement to sign and record an O & M agreement for municipal projects.
A. 
The O & M plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities.
B. 
The following shall be addressed in the O & M plan:
(1) 
Description of maintenance requirements, including, but not limited to, the following:
(a) 
Regular inspection of the SWM facilities. To assure proper implementation of BMPs, maintenance and care SWM BMPs should be inspected by a qualified professional, which may include the landowner, or the owner's designee (including the Borough for dedicated and owned facilities), according to the following minimum frequencies:
[1] 
Annually.
[2] 
During or immediately after the cessation of a ten-year or greater storm.
[3] 
As specified in the O & M agreement pursuant to § 275-602.
(b) 
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
(c) 
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.
(d) 
Reestablishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the Borough.
(e) 
Mowing as necessary to maintain adequate strands of grass and to control weeds.
(2) 
Riparian forest buffer management plan prepared in accordance with 25 Pa. Code Chapter 102 § 14(b)(4) if required.
(3) 
Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities.
(4) 
Establishment of suitable easements for access to all facilities.
A. 
The Borough reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any SWM facilities to the Borough.
B. 
If SWM facilities are accepted by the Borough for dedication, the landowner/developer shall be required to pay a specified amount to the Borough Stormwater Maintenance Fund to defray costs of periodic inspections and maintenance expenses. This fee shall be provided to the Borough prior to unconditional plan approval. The amount of the deposit shall be determined as follows subject to the approval of the Ephrata Borough Council:
(1) 
The deposit shall cover the estimated costs for maintenance and inspections for 25 years. The Borough will establish the estimated costs according to the O & M requirements outlined in the approved O & M plan.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values.
(3) 
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Borough 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. 
Inspections and maintenance shall be conducted as necessary to provide for the continued functioning of the facility. Costs of inspections, maintenance and repairs are recoverable from the Borough Stormwater Maintenance Fund.
A. 
SWM facilities existing on the effective date of this chapter, which have not been accepted by the Borough or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association shall be maintained by the individual landowners. Such maintenance shall include at a minimum those items set forth in § 275-603B(1) above and § 275-606. If the Borough determines at any time that any permanent SWM 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 the Borough shall notify the landowner of corrective measures that are required, and provide for a reasonable period of time, per the enforcement response provisions outlined in § 275-903D, within which the property owner shall take such corrective action. If the landowner does not take the required corrective action, the Borough may either perform the work or contract for the performance of the work and bill the landowner for the cost of the work plus a penalty of 10% of the cost of the work. If no payment is received from the property owner per the timeframe and conditions allotted through enforcement response, the Borough may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Borough shall have the right to choose among the remedies and may use one or more remedies concurrently.
A. 
The Borough is subject to the terms and conditions of an issued MS4 permit. One condition included in the permit requires the Borough to ensure stormwater management facilities and BMPs are operating as intended/designed and maintained as required. To meet this condition, the Borough requires the completion and return of an O & M verification form from stormwater management facility and BMP owners annually verifying inspections and maintenance is occurring.