Article V: Operation and Maintenance

Municipal Stormwater Maintenance Fund

These provisions create a fund for the municipality to defray the cost of inspection, operation, and maintenance of stormwater storage facilities. To support the fund, the provisions impose a fee on anyone installing such a facility on their property or on property dedicated to the municipality. This section can incentivize the use of green stormwater infrastructure by reducing fees for developers who build stormwater BMPs.

Example A: Delta Borough, York County - Article VI § 605

"A. Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

1. If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by Borough for a period of ten (10) years, as estimated by the Borough Engineer. After that period of time, inspection expenses will be assessed by the Borough on an as needed basis thereafter.

2. If the storage facility is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for ten (10) years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.

3. The amount of deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.

4. [see full text for calculation methodology]"

Example B: Dover Borough, York County - Article V § 133-29

"Persons installing stormwater management facilities, the purpose of which is to control stormwater runoff for community uses, shall be required to pay a specified amount to the Borough for a stormwater maintenance fund to help defray the Borough's costs of periodic inspections. In addition, the Borough may require other stormwater management facilities to pay a specified amount to the stormwater maintenance fund if, in the discretion of the Borough or its Engineer or other designated official, such facility exhibits characteristics that pose a threat or potential threat to public health or safety. The amount of the deposit shall be calculated to cover the cost of periodic inspections performed by the Borough for a minimum of 11 years, as estimated by the Borough's Engineer. The Borough, at its discretion, may require the amount of the deposit to be calculated for terms exceeding 11 years. After the designated period of time for Borough inspections; inspections shall be performed by the then-current owner of the stormwater management facility at the owner's expense. A copy of these inspection reports are to be sent to the Borough and its Engineer, on the schedule established by § 133-35."

Example C: Swarthmore Borough, Delaware County - Article VI § 1459.072

"(a) Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

(1) If the stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough, as estimated by the Borough Engineer, for a period of ten years. This is to be paid in a manner specified by the Borough. After that period of time, inspections will be performed at the expense of the Borough.

(2) If the stormwater control or BMP is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for twenty-five years. The Borough will establish the estimated costs utilizing information submitted by the applicant.

(3) The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough shall determine the present worth equivalents, which shall be subject to the approval of the Governing Body.

(b) If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational purpose.

(c) If at some future time, a stormwater control or BMP (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning or demolishing the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment or demolition will be used for inspection, maintenance, and operation of the receiving stormwater management system.

(d) If stormwater controls or BMPs are accepted by the Borough for dedication, the Borough may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(1) The amount shall cover the estimated costs for operations and maintenance for ten years, as determined by the Borough.

(2) The amount shall then be converted to present worth of the annual series values.

(e) If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the Borough may adjust the amount due accordingly.

(f) The Borough may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long-term maintenance of stormwater controls and BMPs.

(g) The Borough may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater related problems which may arise from the land development and earth disturbance."

Example D: Dravosburg Borough, Allegheny County - § 255-18

"1) If stormwater BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater BMPs to pay a specified amount to the Municipal 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 municipality, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the municipality.

b) The amount shall then be converted to present worth of the annual series values.

2) If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the municipality may adjust the amount due accordingly."