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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)
Natural hydrologic conditions may be altered radically by poorly planned development practices, such as introducing unneeded impervious surfaces, destroying existing drainage swales, constructing unnecessary storm sewers, and changing local topography. A traditional drainage approach of development has been to remove runoff from a site as quickly as possible and capture it in a detention basin. This approach leads ultimately to the degradation of water quality, as well as expenditure of additional resources for detaining and managing concentrated runoff at some downstream location.
The recommended alternative approach is to promote practices that will minimize post-development runoff rates and volumes, which will minimize needs for artificial conveyance and storage facilities. To simulate pre-development hydrologic conditions, forced infiltration is often necessary to offset the loss of infiltration by creation of impervious surfaces. The ability of the ground to infiltrate runoff depends upon the soil types and its conditions.
Preserving natural hydrologic conditions requires careful alternative site design considerations. Site design practices include preserving natural drainage features, minimizing impervious surface area, reducing the hydraulic connectivity of impervious surfaces, and protecting natural depression storage. A well-designed site will contain a mix of all those features. The following describes various techniques to achieve the alternative approaches:
(1) Preserving Natural Drainage Features. Protecting natural drainage features, particularly vegetated drainage swales and channels, is desirable because of their ability to infiltrate and attenuate flows and to filter pollutants. However, this objective is often not accomplished in land development. In fact, commonly held drainage philosophy encourages just the opposite pattern - streets and adjacent storm sewers typically are located in the natural headwater valleys and swales, thereby replacing natural drainage functions with a completely impervious system. As a result, runoff and pollutants generated from impervious surfaces flow directly into storm sewers with no opportunity for attenuation, infiltration, or filtration. Developments designed to fit site topography also minimize the amount of grading on site.
(2) Protecting Natural Depression Storage Areas. Depressional storage areas have no surface outlet, or drain very slowly following a storm event. They can be commonly seen as ponded areas in farm fields during the wet season or after large runoff events. Traditional development practices eliminate these depressions by filling or draining, thereby obliterating their ability to reduce surface runoff volumes and trap pollutants. The volume and release-rate characteristics, of depressions should be protected in the design of the development site. The depressions can be protected by simply avoiding the depression or by incorporating its storage as additional capacity in required detention facilities.
(3) Avoiding Introduction of Impervious Areas. Careful site planning should consider reducing impervious coverage to the maximum extent possible. Building footprints, sidewalks, driveways, and other features producing impervious surfaces should be evaluated to minimize impacts on runoff.
(4) Reducing the Hydraulic Connectivity of Impervious Surfaces. Impervious surfaces are significantly less of a problem if they are not directly connected to an impervious conveyance system (such as storm sewer). Two basic ways to reduce hydraulic connectivity are: routing of roof runoff over lawns; and reducing the use of storm sewers. Site grading should promote increasing travel time of stormwater runoff and should help reduce concentration of runoff to a single point in the development.
(5) Routing Roof Runoff Over Lawns. Roof runoff can be easily routed over lawns in most site designs. The practice discourages direct connections of downspouts to storm sewers or parking lots. The practice also discourages sloping driveways and parking lots to the street. The routing of roof drains and crowning the driveway to allow runoff to discharge to pervious areas is desirable as the pervious area essentially acts as a filter strip.
(6) Reducing the Use of Storm Sewers. By reducing the use of storm sewers for draining streets, parking lots, and back yards, the potential for accelerating runoff from the development can be greatly reduced. The practice requires greater use of swales and may not be practical for some development sites, especially if there are concerns for areas that do not drain in a “reasonable” time. The practice requires educating local citizens and public works officials, who expect runoff to disappear shortly after a rainfall event.
(7) Reducing Street Widths. Street widths can be reduced by either eliminating on-street parking or by reducing cartway widths. Municipal planners and traffic designers should encourage narrower neighborhood streets, which ultimately could lower maintenance and maintenance related costs.
(8) Limiting Sidewalks to One Side of the Street. A sidewalk on one side of the street may suffice in low-traffic neighborhoods. The lost sidewalk could be replaced with bicycle/recreational trails that follow back-of-lot lines. Where appropriate, backyard trails should be constructed using pervious materials.
(9) Using Permeable Paving Materials. These materials include permeable interlocking concrete paving blocks or porous bituminous concrete. Such materials should be considered as alternatives to conventional pavement surfaces, especially for low use surfaces such as driveways, overflow parking lots, and emergency access roads.
(10) Reducing Building Setbacks. Reducing building setbacks reduces driveway and entry walks and is most readily accomplished along low-traffic streets where traffic noise is not a problem.
(11) Constructing Cluster Developments. Cluster developments can also reduce the amount of impervious area for a given number of lots. The biggest savings is in street length, which also will reduce costs of the development. Cluster development “clusters” the construction activity onto less-sensitive areas without substantially affecting the gross density of development.
In summary, careful consideration of the existing topography and implementation of a combination of the above mentioned techniques may avoid construction of costly stormwater control measures. Other benefits include: reduced potential of downstream flooding, reduced water quality degradation of receiving streams and water bodies, enhancement of aesthetics, and reduction of development costs. Beneficial results include: more stable baseflows in receiving streams, improved groundwater recharge, reduced flood flows, reduced pollutant loads, and reduced costs for conveyance and storage.
(Ord. 1508, passed 12-20-2010)
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