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(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)
(A) Upon presentation of proper credentials, duly authorized representatives of the city may enter at reasonable times, upon any property within the city, to inspect the implementation, condition or operations and maintenance of the stormwater BMPs in regard to any aspect governed by this chapter.
(B) Stormwater BMP owners and operators shall allow persons working on behalf of the city ready access to all parts of the premises for the purposes of determining compliance with this chapter.
(C) Persons working on behalf of the city shall have the right to temporarily locate on any stormwater BMP in the city such devices, as are necessary, to conduct monitoring and/or sampling of the discharges from such stormwater BMP.
(D) Unreasonable delay in allowing the city access to a stormwater BMP is a violation of this chapter.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
ENFORCEMENT
(A) (1) In the event that a person fails to comply with the requirements of this chapter, an approved SWM Site Plan or fails to conform to the requirements of any permit or approval issued hereunder, the city shall provide written notification of the violation.
(2) Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
(B) Failure to comply within the time specified shall subject such person to the penalties provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies, it shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring or has occurred, to comply with the terms and conditions of this chapter.
(Ord. 1508, passed 12-20-2010)
(A) Generally. The governing body of the city is hereby authorized and directed to enforce all of the provisions of this chapter. The approved SWM Site Plan shall be on file at the project site throughout the duration of the construction activity. The city or their designee may make periodic inspections during construction.
(B) Adherence to approved SWM Site Plan.
(1) It shall be unlawful for any person, firm or corporation to undertake any regulated activity on any property except as provided for by an approved SWM Site Plan and pursuant to the requirements of this chapter.
(2) It shall be unlawful to alter or remove any control structure required by the SWM Site Plan pursuant to this chapter.
(3) It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM Site Plan.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
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