Article 5
Operation and Maintenance
§11A-501 Operation and Maintenance Responsibilities.
For the purpose of this Section, drainage courses, channels, swales, stormwater inlets, pipes, conduits, detention and retention basins, subsurface storage structures, and other stormwater management facilities shall be included under the term “SWM BMPs.”
A. The SWM site plan shall reflect and/or be accompanied by supporting documentation identifying the ownership and method of administering and maintaining all permanent SWM BMPs.
B. The SWM site plan for the development site shall contain an operation and maintenance plan for review by the Borough Engineer. The operation and maintenance plan shall outline routine maintenance actions and schedules necessary to insure proper operation of the SWM BMPs.
C. The SWM site plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed SWM BMPs, consistent with the following principles:
(1) If a development consists of structures such as streets, sewers and other public improvements which are to be dedicated to the Borough, SWM BMPs may also be dedicated to and maintained by the Borough. However, if the Borough accepts dedication of streets, the Borough is under no obligation to accept dedication of SWM BMPs located outside of the public right-of-way.
(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 operation and maintenance of SWM BMPs shall be the responsibility of the owner, lessee, or private management entity (e.g., homeowners association or other parties of interest). Facilities owned and maintained by a private entity shall be maintained in accordance with the terms of an agreement, declaration of easement or other legally binding documentation approved in form by Cornwall Borough. The agreement, declaration of easement or other legally binding documentation shall provide that Cornwall Borough and the Borough Engineer have the right to:
(a) Inspect the facilities at any time.
(b) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.
(c) Authorize maintenance to be done and lien all cost of the work against the properties of the private entity responsible for maintenance.
D. Cornwall Borough, upon recommendation of the Borough Engineer, shall make the final determination on the continuing maintenance responsibilities. Borough Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
E. Maintenance of SWM BMPs shall include, but not be limited to, the following:
(1) Liming and fertilizing vegetated channels and other areas in accordance with soil test recommendations.
(2) Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.
(3) Mowing as necessary to maintain adequate stands of grass and to control weeds. Chemical weed control may be used if Federal, State, and local laws and regulations are met.
(4) Removal of silt from all permanent structures which trap silt and sediment in order to keep the material from building up in grassed waterways, pipes, detention basins, infiltration facilities, or other SWM BMPs, and thus reducing their capacity to convey or store water.
(5) Regular inspection of the areas in question to assure proper implementation of SWM BMPs, maintenance, and care.
(6) All pipes, swales and detention facilities shall be kept free of any debris or other obstructions and maintained in original design condition.
(7) Replacement or repair of damaged structural SWM BMPs or components of such SWM BMPs.
(Ord. 2022-3, 9/12/2022, §1)
§11A-502 Operation and Maintenance Agreement.
1. The Borough shall make the final determination on the continuing operation and maintenance (O&M) responsibilities of stormwater management facilities and BMPs. The Borough may require a dedication of such facilities as part of its requirements. Such a requirement is not an indication that the Borough will accept the facilities. The Borough reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
2. Prior to final approval of the SWM site plan, subdivision plan, or land development plan, the property owner shall sign and record the O&M Agreement, contained in Appendix D of this Chapter, covering all stormwater control facilities that are to be privately owned.
3. The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.
4. The owner shall convey to the Borough easements to assure access for periodic inspections and maintenance, as necessary, by the Borough representatives.
5. The owner shall keep on file with the Borough the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the Borough within 10 working days of the change.
6. Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The O&M agreement shall be subject to the review and approval of the Borough.
7. The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the Borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
8. Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
9. The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
10. The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this Chapter.
(Ord. 2022-3, 9/12/2022, §1)
§11A-503 Maintenance of Existing Stormwater Management Facilities.
1. Stormwater management facilities and BMPs existing on the effective date of the ordinance codified in this Chapter on individual lots which have not been accepted by the Borough or for which maintenance responsibility has not been assumed by a private entity such as a homeowners’ association shall be maintained by the individual property owners. Such maintenance shall include at a minimum those items set forth in §11A-501(E) of this Chapter. If the Borough determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of material, or improperly maintained, the condition constitutes a nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the property owner does not take the required corrective action, the Borough may either perform the work, or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10 percent of the cost of the work. If the property owner does not pay such bill within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws.
2. No person shall modify, remove, fill, landscape or alter stormwater management facilities which have been installed on a property unless a SWM site plan has been approved to permit such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility or within a drainage easement, which will limit or alter the functioning of the facility or easement in any manner.
3. The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this Chapter.
(Ord. 2022-3, 9/12/2022, §1)
§11A-504 Authorization to Construct and Term of Validity.
1. The Borough’s approval of an SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of 5 years following the date of approval. The Borough may specify a term of validity shorter 5 five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the Borough signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to §11A-407 of this Chapter within the term of validity, then the Borough may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the Borough shall be resubmitted in accordance with the provisions of §11A-405 of this Chapter.
2. If the SWM site plan is part of a subdivision and land development plan application, such approval shall be valid for a term as specified in MPC §508.
(Ord. 2022-3, 9/12/2022, §1)
§11A-505 Post-Construction Schedule of Inspections.
1. SWM BMPs should be inspected by the landowner, or the owner’s designee (including the Borough for dedicated and owned facilities), according to the following list of minimum frequencies:
A. Annually for the first 5 years following construction.
B. Once every 3 years thereafter.
C. During or immediately following a 10-year or greater storm. The 10-year storm is 4.6 inches of rainfall in a 24-hour period.
2. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Upon request by the Borough, inspection reports shall be submitted to the Borough within 30 days following completion of the inspection.
(Ord. 2022-3, 9/12/2022, §1)