Borough of Baldwin, PA
Allegheny County
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Table of Contents
Table of Contents
A. 
The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities. The proposed maintenance plan should be consistent with the general maintenance policies stated in this Part 2, the Borough Stormwater Management Ordinance, and also consistent with the following principles:
(1) 
If a development consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough, stormwater control facilities should also be dedicated to and maintained by the Borough.
(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 should be the responsibility of the owner or private management entity.
B. 
The Borough Council shall make the final determination on the continuing maintenance responsibilities as part of the final application review based on the recommendation of the Planning Commission. The Council reserves the right to accept or reject the ownership and operating responsibility of any or all of the stormwater management controls.
C. 
A security deposit in the sum of $5,000 cash or certified check shall be delivered to the Borough and held by it pending the completion of the stormwater management facilities to ensure the final completion of the site plan development. In the event that the Borough Engineer shall determine that the aforementioned sum of $5,000 may be insufficient because of the nature and size of the development, the Borough Engineer shall submit a proposal to the developer of the amount which the Engineer believes to be necessary for completion. In the event that the developer disagrees with the amount so proposed by the Borough Engineer, a third engineer may be retained to mediate the proposal and establish the amount required to be deposited which will ensure completion of the facilities. The cost incurred by retaining a mediator shall be billed to the developer.
A. 
Prior to final approval of the site's stormwater management plan, the property owner shall prepare and submit to the Borough Secretary a stormwater management agreement which will be referred to the Borough Engineer and to the Borough Solicitor for approval. In the event that the agreement shall be approved, it shall be submitted to the Recorder of Deeds for recording and shall be binding upon all successor owners or developers of the premises. The fees for recording the agreement shall be at the cost of the developer. The agreement shall stipulate that:
(1) 
The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities maintained in a safe and attractive manner.
(2) 
The owner shall convey to the Borough easements and/or rights-of-way to assure access for periodic inspections by the Borough and maintenance if required.
(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 will be submitted to the Borough within 10 days of the change.
(4) 
The owner shall establish any special maintenance funds or other financing sources, in accordance with the approved maintenance plan.
(5) 
If the owner fails to maintain the stormwater control facilities, following due notice by the Borough to correct the problems, the Borough shall perform the necessary maintenance or corrective work. The owner shall reimburse the Borough for all costs or a lien shall be placed on the property.
B. 
The Borough may require other items to 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 Borough Solicitor.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray the costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(1) 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough for a period of 10 years as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the municipality.
(2) 
If the storage facility is to be owned and maintained by the Borough, the deposit shall cover 100% of the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.
(3) 
The amount of deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents which shall be subject to the approval of the Borough Council.
B. 
If the 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 purposes.
C. 
If in the future, a storage facility (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.
A. 
Guaranty of completion. A completion guarantee in the form of a bond, cash deposit, certified check or other negotiable securities acceptable to the Borough shall be filed. The guarantee shall cover all streets, sanitary sewers, stormwater management facilities, water systems, fire hydrants, sidewalks and other required improvements, it shall be in the amount and form prescribed by the Municipal Planning Code (Section 509).[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B. 
Release of completion guarantee. The procedures for requesting and obtaining a release of the completion guarantee shall be in a manner prescribed by the Municipalities Planning Code (Section 510).[2]
[2]
Editor's Note: See 53 P.S. § 10510.
C. 
Default of completion guaranty. If improvements are not installed in accordance with the approved final plan, the governing body may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the governing body may, at its option, install part of such improvements in all or part of the development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.
D. 
Dedication of public improvements.
(1) 
When streets, sanitary sewers, stormwater management facilities, waterlines or other required improvements in the development have been completed in accordance with the final approved plan, such improvements shall be deemed private until such time as they have been offered for dedication to the municipality and accepted by separate ordinance or resolution or until they have been condemned for use as a public facility.
(2) 
Prior to acceptance of any improvements or facilities, the Borough Engineer shall inspect it to ensure that it is constructed in accordance with the approved plan and is functioning properly. In the case of any stormwater control facility, it must be free of sediment and debris.
(3) 
The owner shall submit as-built plans for all facilities proposed for dedication.