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(A) No person shall modify, remove, fill, landscape, or alter any existing stormwater BMP, facilities, areas or structures, unless it is part of an approved maintenance program, without the written approval of the city.
(B) No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP, facilities, areas, structures or within a drainage easement, which would limit or alter the functioning of the BMP, without the written approval of the city.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
FEES AND EXPENSES
The fee required by this chapter is the municipal review fee. The municipal review fee shall be established by the city to defray review costs incurred by the city and the City Engineer. Requests for waiver shall be accompanied by the established fee in accordance with § 152.022. The applicant shall pay all fees.
(Ord. 1508, passed 12-20-2010)
The fees required by this chapter shall, at a minimum, cover:
(A) Administrative and clerical costs;
(B) Review of the SWM Site Plan and Report by the city;
(C) Pre-construction meetings;
(D) Inspection of stormwater management facilities/BMPs and drainage improvements during construction;
(E) Final inspection upon completion of the stormwater management facilities/BMPs and drainage improvements presented in the SWM Site Plan; and
(F) Any additional work required to enforce any permit provisions regulated by this chapter, correct violations, and assure proper completion of stipulated remedial actions.
(Ord. 1508, passed 12-20-2010)
(A) The owner of any land upon which permanent stormwater BMPs will be placed, constructed or implemented, as described in the SWM Site Plan, shall record the following documents in the office of the County Recorder of Deeds, within ten days of approval of the SWM Site Plan by the city:
(1) The SWM Site Plan including key details;
(2) Operations and maintenance agreement (Appendix A); and
(3) Easements under § 152.085.
(B) The city may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
(Ord. 1508, passed 12-20-2010)
(A) Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $300 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
(B) In addition, the city, through the City Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
(Ord. 1508, passed 12-20-2010)
THIS AGREEMENT, made and entered into this day of 20 , by and between
(hereinafter the “Landowner”), and , Erie County, Pennsylvania, (hereinafter “City of Corry”);
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property as recorded by deed in the land records of Erie County, Pennsylvania, Deed Book at Page , (hereinafter “Property”).
WHEREAS, the Landowner is proceeding to build and develop the Property; and
WHEREAS, the SWM Site Plan approved by the City of Corry (hereinafter referred to as the “Plan”) for the property identified herein, which is attached hereto as Appendix A and made part hereof, as approved by the City of Corry, provides for management of stormwater within the confines of the Property through the use of BMPs; and
WHEREAS, the City of Corry, and the Landowner, his successors and assigns, agree that the health, safety, and welfare of the residents of the City of Corry and the protection and maintenance of water quality require that on-site SWM BMPs be constructed and maintained on the Property; and
WHEREAS, the City of Corry requires, through the implementation of the SWM Site Plan, that stormwater BMPs as required by said Plan and the City of Corry Stormwater Management Ordinance be constructed and adequately operated and maintained by the Landowner, successors and assigns.
NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Landowner shall construct the BMPs in accordance with the plans and specifications identified in the SWM Site Plan.
2. The Landowner shall operate and maintain the BMPs as shown on the Plan in good working order in accordance with the specific maintenance requirements noted on the approved SWM Site Plan.
3. The Landowner hereby grants permission to the City of Corry, its authorized agents, and employees, to enter upon the property, at reasonable times and upon presentation of proper credentials, to inspect the BMPs whenever necessary. Whenever possible, the City of Corry shall notify the Landowner prior to entering the property.
4. In the event the Landowner fails to operate and maintain the BMPs per paragraph 2, the City of Corry or its representatives may enter upon the Property and take whatever action is deemed necessary to maintain said BMPs. It is expressly understood and agreed that the City of Corry is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City of Corry.
5. In the event the City of Corry, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner shall reimburse the City of Corry for all expenses (direct and indirect) incurred within ten (10) days of receipt of invoice from the City of Corry.
6. The intent and purpose of this Agreement is to ensure the proper maintenance of the onsite BMPs by the Landowner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability of any party for damage alleged to result from or be caused by stormwater runoff.
7. The Landowner, its executors, administrators, assigns, and other successors in interests, shall release the City of Corry from all damages, accidents, casualties, occurrences or claims which might arise or be asserted against said employees and representatives from the construction, presence, existence, or maintenance of the BMPs by the Landowner or City of Corry.
8. The City of Corry may inspect the BMPs at a minimum of once every three years to ensure their continued functioning.
This Agreement shall be recorded at the Office of the Recorder of Deeds of Erie County, Pennsylvania, and shall constitute a covenant running with the Property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and any other successors in interests, in perpetuity.
ATTEST:
WITNESS the following signatures and seals:
(SEAL) For the City of Corry:
For the Landowner:
ATTEST:
(City, Borough, Township)
County of Erie, Pennsylvania
I, , a Notary Public in and for the County and State aforesaid, whose commission expires on the day of , 20 do hereby certify that whose name(s) is/are signed to the foregoing Agreement bearing date of the day of , 20 , has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS day of , 20 .
NOTARY PUBLIC (SEAL)
(Ord. 1508, passed 12-20-2010)
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