(a) General Requirements.
(1) No Regulated Earth Disturbance activities within the Borough of White Oak shall commence until approval by the Borough of BMP Operations and Maintenance plan which describes how the permanent (e.g., post- construction) stormwater BMPs will be properly operated and maintained.
(2) The following items shall be included in the BMP Operations and Maintenance Plan:
A. Map(s) of the project area, in a form that meets the requirements for recoding at the offices of the Recorder of Deeds of Allegheny County, and shall be submitted on 24-inch x 36-inch or 30-inch or 42-inch sheets. The contents of the map(s) shall include, but not be limited to:
1. Clear identification of the location and nature of permanent stormwater.
2. The location of the project site relative to highways, municipal boundaries or other identifiable landmarks.
3. Existing and final contours at intervals of two (2) feet, or other as appropriate.
4. Existing streams, lakes, ponds, or other bodies of water within the project site area.
5. Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved.
6. The locations of all existing and proposed utilities, sanitary sewers and water lines within fifty (50) feet of property liens of the project site.
7. Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added.
8. Proposed final structures, roads, paved areas, and building, and
9. A fifteen (15) foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.
B. A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance.
C. The names of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the Plan, and
D. A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Borough.
(b) Responsibilities for Operations and Maintenance of BMPs.
(1) The BMP Operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs as follows:
A. If a Plan includes structures or lots which are to e separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough of White Oak, stormwater BMPs may also be dedicated to and maintained by the Borough;
B. If a Plan includes operations and maintenance by a single ownership and in which streets, sewers and other public improvements are toe be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
(2) The Borough of White Oak shall make the final determination on the continuing operations and maintenance responsibilities. The Borough reserves the right to accept or reject the operations and maintenance responsibility for any or all the stormwater BMPs.
(c) Municipality Review of BMP Operations and Maintenance Plan.
(1) The Borough of White Oak shall review the BMP Operations and Maintenance Plan for consistency with the purposes and requirements of this article, and any permits issued by DEP.
(2) The Borough shall notify the Applicant in writing whether the BMP Operations and Maintenance Plan is approved.
(3) The Borough may require an “As Built Survey” of all stormwater BMPs and an explanation of any discrepancies with the Operations and Maintenance Plan.
(d) Adherence to Approved BMP Operations and Maintenance Plan. It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP Operations and Maintenance Plan, or to allow the property to remain in a condition, which does not conform to an approved BMP Operations and Maintenance Plan, unless an exception is granted in writing by the Borough.
(e) Operations and Maintenance Agreement for Privately Owned Stormwater BMPs.
(1) The property owner shall sign an operations and maintenance agreement with the Borough covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix B of this article.
(2) Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Borough of White Oak.
(f) Stormwater Management Easements.
(1) Stormwater management easements are required for all areas used for off- site stormwater control, unless a waiver is granted by the Borough Engineer.
(2) Stormwater management easement shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under subsection (e) hereof.
(g) Recording of Approved BMP Operations and Maintenance Plan and Related Agreements.
(1) The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP Operations and Maintenance Plan, shall record the following documents in the Office of the Recorder of Deeds for Allegheny County, within fifteen (15) days of approval of the BMP Operations Plan by the Borough of White Oak:
A. The Operations and maintenance Plan, or a summary thereof,
B. Operations and Maintenance Agreement under subsection (c) hereof, and
C. Easements under subsection (f) hereof.
(2) The Borough of White Oak may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
(h) Municipal Stormwater BMP Operation and Maintenance Fund.
(1) If stormwater BMPS are accepted by the Borough of White Oak for dedication, the Borough may require persons installing stormwater BMPs to pay a specified amount to the Borough Stormwater BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:
A. If the BMP is to be owned and maintained by the Borough of White Oak, the amount shall cover the estimated costs for operations and maintenance for ten (10) years, as determined by the Borough.
B. The amount shall then be converted to present worth of the annual series value.
(2) If a BMP is proposed that also serves as a recreation facility (e.g. ball field, lake), the Borough may adjust the amount due accordingly.
(Ord. 3346. Passed 3-15-04.)