A.
The landowner, successor and assigns shall maintain all Stormwater
Management Facilities in good working order in accordance with the
approved O & M Plan.
B.
The landowner shall convey to the City of Lancaster easements to
assure access for inspections and maintenance, if required.
C.
The landowner shall keep on file with the City of Lancaster 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 City of Lancaster within 10 days of the change.
D.
Enumerate permanent SWM facilities as permanent real estate appurtenances
and record as deed restrictions or easements that run with the land.
E.
The record owner of the development site shall sign and record an operation and maintenance (O&M) agreement covering all on-site and off-site Stormwater Management Facilities, including riparian buffers and riparian forest buffers, which are to be privately owned. Said agreement, designated as Appendix C,[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: Said appendix is included as an attachment to this chapter.
The operation and maintenance agreement, as provided in Appendix C, may be subject to the review and approval of the City Solicitor and City.
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,
maintenance, and care, SWM facilities should be inspected by a qualified
person, which may include the landowner, or the owner's designee
(including the City of Lancaster for dedicated and owned facilities),
according to the following minimum frequencies:
[1]
Annually for the first five years.
[2]
Once every three years thereafter.
[3]
During or immediately after the cessation of a ten-year or greater
storm.
[4]
As specified in the O&M agreement pursuant to § 260-602. In the instance that the O&M agreement and the schedule set forth in Subsection B(1)(a)[1], [2] and [3] above are inconsistent, the O&M agreement shall control.
[5]
Inspections shall be documented in inspection reports outlining
maintenance completed, maintenance needed, photos, etc. Upon request,
inspection reports shall be submitted to the City within 30 days.
Where an NPDES permit for the project requires that SWM facilities
be installed, the O&M plan shall require annual written reporting
of the inspection and maintenance of those facilities and the annual
reports shall be provided to the City. LID practices shall be included
in the annual written report. Failure to provide such reports may
result in enforcement and penalties by the City.
(b)
All conveyance 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 City of Lancaster.
(2)
Riparian forest buffer management plan prepared in accordance
with 25 Pa. Code Chapter 102, § 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 City of Lancaster reserves the right to accept or reject any
proposal to dedicate ownership and operating responsibility of any
SWM facilities to the City of Lancaster.
B.
If SWM facilities are accepted by the City of Lancaster for dedication,
the landowner/applicant shall be required to pay a specified amount
to the Stormwater Management Fund to defray costs of periodic inspections
and maintenance expenses. This fee shall be provided to the City of
Lancaster prior to unconditional plan approval. The amount of the
deposit shall be determined as follows subject to the approval of
the City governing body:
(1)
The deposit shall cover the estimated costs for maintenance
and inspections for 25 years. The City of Lancaster 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 City of Lancaster 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.
E.
Maintenance shall be conducted as necessary to provide for the continued
functioning of the facility. Costs of inspections and repairs are
recoverable from the Stormwater Management Fund.
SWM facilities existing on the effective date of this chapter, which have not been accepted by the City of Lancaster 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 § 260-603B(1) above and shall be done in accordance with the City GI Design Manual and the O&M plan for the facility (if one exists). If the City of Lancaster 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 City of Lancaster shall notify the landowner of corrective measures that 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 landowner does not take the required corrective action, the City of Lancaster 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 such bill is not paid by the property owner within 30 days, the City of Lancaster may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The City of Lancaster shall have the right to choose among the remedies and may use one or more remedies concurrently.
