Article 955
MAINTENANCE RESPONSIBILITIES
Sections:
955.02 Maintenance responsibilities.
955.03 Maintenance agreement for privately owned stormwater facilities.
955.01 Financial guarantee.
A. When an approved SWM site plan requires the timely installation and proper construction of stormwater management controls, the applicant shall provide a financial guarantee to the City of Meadville equal to 110 percent of the full construction cost of the required controls in accordance with the Municipalities Planning Code, and other applicable ordinances.
B. At the completion of the project and as a prerequisite for the release of the financial guarantee, the applicant shall:
1. Provide a certification of completion from a qualified professional verifying that all permanent facilities have been constructed according to the SWM site plan and report and approved revisions thereto.
2. Provide a set of record drawings in both paper and a digital format acceptable to the city engineer.
3. Request a final inspection from the City of Meadville to certify compliance with this title, after receipt of the certification of completion and record drawings by the City of Meadville. (Ord. 3687, 2011)
955.02 Maintenance responsibilities.
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 of Meadville, stormwater control facilities/BMPs may also be dedicated to and maintained by the City of Meadville.
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 of Meadville may take enforcement actions against an applicant for failure to satisfy any provision of this title.
C. The City of Meadville shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan and report. The City of Meadville 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 City of Meadville will accept the facilities. The City of Meadville reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
D. If the City of Meadville accepts ownership of stormwater BMPs, the City of Meadville may, at its discretion, require a fee from the applicant to the City of Meadville 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 of Meadville grants an exception in writing. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 947.02)
955.03 Maintenance agreement for privately owned stormwater facilities.
A. Prior to final approval of the SWM site plan and report, the applicant shall sign the operation and maintenance (O&M) agreement covering all stormwater control facilities that are to be privately owned. The operation and maintenance (O&M) agreement shall be recorded with the SWM site plan and made a part hereto.
B. 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. The operation and maintenance (O&M) agreement shall be subject to the review and approval of the City of Meadville and the municipal 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 of Meadville may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 947.05)