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(A) The applicant shall be responsible for providing record drawings of all stormwater BMPs included in the approved SWM Site Plan. The record drawing and an explanation of any discrepancies with the approved SWM Site Plan shall be submitted to the city as a prerequisite for the release of the guarantee or issuance of an occupancy permit.
(B) The record drawing shall include a certification of completion signed by a Qualified Professional verifying that all permanent stormwater BMPs have been constructed according to the approved SWM Site Plan and Report.
(1) Drawings shall show all approved revisions and elevations and inverts to all manholes, inlets, pipes and stormwater control facilities.
(2) Submission shall include a comparison of the constructed stage-storage (volume vs. elevation) of all above-ground and below-ground stormwater storage facilities to the approved design.
(C) After receipt of the Record Drawing and certification of completion by the city, the city may conduct a final inspection.
(Ord. 1508, passed 12-20-2010)
EASEMENTS
(A) Easements shall be established to accommodate the existence of drainageways.
(B) Where a tract is traversed by a watercourse, drainage-way, channel or stream, there shall be provided an easement paralleling the line of such watercourse, drainage-way, channel or stream with a width adequate to preserve the unimpeded flow of natural drainage in the 100-year floodplain.
(C) Easements shall be established for all on-site stormwater management or drainage facilities, including, but not limited to, detention facilitates (above or below ground), infiltration facilities, all stormwater BMPs, drainage swales and drainage facilities (inlets, manholes, pipes and the like).
(D) Easements are required for all areas used for off-site stormwater control.
(E) All easements shall be a minimum of 20 feet wide and shall encompass the 100-year surface elevation of the proposed stormwater facility.
(F) Easements shall provide ingress to, and egress from, a public right-of-way. In lieu of providing an easement to the public right-of-way, a note may be added to the plan granting the city or their designees access to all easements via the nearest public right-of-way able for vehicle ingress and egress on grades of less than 10% for carrying out inspection or maintenance activities.
(G) Where possible, easements shall be centered on side and/or rear lot lines.
(H) Nothing shall be planted or placed within the easement which would adversely affect the function of the easement, or conflict with any conditions associated with such easement.
(I) All easement agreements shall be recorded with a reference to the recorded easement indicated on the Site Plan. The format and content of the easement agreement shall be reviewed and approved by the City Engineer and the City Solicitor.
(Ord. 1508, passed 12-20-2010)
MAINTENANCE RESPONSIBILITIES
(A) The applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved SWM Site Plan and this chapter, equal to 110% of the full construction cost of the required controls in accordance with the Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
(B) At the completion of the project and as a prerequisite for the release of the financial guarantee, the applicant shall:
(1) Provide a certification of completion from an engineer, architect, surveyor or other qualified person, verifying that all permanent facilities have been constructed according to the SWM Site Plan and Report and approved revisions thereto;
(2) Provide a set of record drawings; and
(3) Request a final inspection from the city to certify compliance with this chapter, after receipt of the certification of completion and record drawings by the city.
(Ord. 1508, passed 12-20-2010)
(A) The SWM Site Plan and Report for the project site shall describe the future operation and maintenance responsibilities. The operation and maintenance description shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater control facilities.
(B) The SWM Site Plan and Report for the project site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principles.
(1) If a development consists of structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the city, stormwater control facilities/BMPs may also be dedicated to and maintained by the city.
(2) If a development site is to be maintained in a 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/BMPs shall be the responsibility of the owner or private management entity.
(3) Facilities, areas or structures used as stormwater BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.
(4) The SWM Site Plan and Report shall be recorded as a restrictive deed covenant that runs with the land.
(5) The city may take enforcement actions against an applicant for failure to satisfy any provision of this chapter.
(C) The city, upon recommendation of the City Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan and Report. The city may require a dedication of such facilities as part of the requirements for approval of the SWM Site Plan. Such a requirement is not an indication that the municipality will accept the facilities. The municipality reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
(D) If the city accepts ownership of stormwater BMPs, the city may, at its discretion, require a fee from the applicant to the municipality to offset the future cost of inspections, operations, and maintenance.
(E) It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM Site Plan, or to allow the property to remain in a condition, which does not conform to an approved SWM Site Plan, unless the city grants an exception in writing.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
(A) (1) Prior to final approval of the SWM Site Plan and Report, the applicant shall sign the operation and maintenance (O&M) agreement (Appendix A) covering all stormwater control facilities that are to be privately owned.
(2) The operation and maintenance (O&M) agreement shall be recorded with the SWM Site Plan and made a part hereto.
(B) (1) Other items may be included in the operation and maintenance (O&M) agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities.
(2) The operation and maintenance (O&M) agreement shall be subject to the review and approval of the city and the City Solicitor.
(C) The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the operation and maintenance (O&M) agreement, the city may perform the services required and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.
(Ord. 1508, passed 12-20-2010)
INSPECTIONS
(A) PADEP or its designees normally ensure compliance with any permits issued, including those for stormwater management. In addition to PADEP compliance programs, the city may inspect all phases of the installation of temporary or permanent stormwater management facilities.
(B) During any stage of earth disturbance activities, if the city determines that the stormwater management facilities are not being installed in accordance with the approved SWM Site Plan, the city may suspend or revoke any existing permits or approvals until a revised SWM Site Plan is submitted and approved as specified in this chapter.
(C) Stormwater BMPs shall be inspected by the landowner, or the landowner’s designee according to the inspection schedule described on the SWM Site Plan for each BMP.
(1) The city may require submission of copies of the inspection reports, in a form as stipulated by the city.
(2) If such inspections are not conducted or inspection reports not submitted as scheduled, the city, or its designee, may conduct such inspections and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.
(3) Prior to conducting a scheduled inspection, the city shall inform the owner of its intent to conduct an inspection.
(Ord. 1508, passed 12-20-2010)
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