City of Pittsburgh
The City of Pittsburgh has enacted a Stormwater Ordinance in order to promote health, safety, and welfare within the City watersheds. The City of Pittsburgh is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Pittsburgh will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Pittsburgh, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Pittsburgh has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Excerpt from Pittsburgh Code of Ordinances
Zoning Code - Chapter 13 Stormwater Management
CHAPTER 1305: - OPERATION AND MAINTENANCE
1305.01 - RESPONSIBILITIES OF DEVELOPERS AND LANDOWNERS.
- The Designated Plan Reviewers shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan but it is assumed that the owner will be responsible for all operation and maintenance responsibilities unless otherwise agreed upon by the City and PWSA in writing.
- 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.
- The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
- PWSA, in coordination with the City, may take enforcement actions against an owner for any failure to satisfy the provisions of this Article.
(Ord. No. 12-2019, art. V, § 13501, eff. 3-20-19)
1305.02 - OPERATION AND MAINTENANCE AGREEMENTS.
A. Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement, as approved by the Designated Plan Reviewers, covering all stormwater control facilities which are to be privately owned.
- The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
- The owner shall maintain the stormwater control facilities to ensure that the post-construction stormwater runoff performance standards are being met.
- The owner shall convey to the City conservation easements to assure access for periodic inspections by PWSA as necessary.
- The owner shall keep on file with the City the name, address, and contact information of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the City within ten (10) working days of the change.
B. The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the City/PWSA may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(Ord. No. 12-2019, art. V, § 13502, eff. 3-20-19)
1305.03 - OPERATOR INSPECTIONS.
The landowner or the owner's designee (including the City for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this Ordinance according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
- Annually for the first five (5) years.
- Once every three (3) years thereafter.
- During or immediately after the cessation of a ten-year or greater storm.
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. Inspection reports shall be kept onsite and furnished to City/PWSA inspectors upon request.
(Ord. No. 12-2019, art. V, § 13503(1), eff. 3-20-19)
1308.01 - RIGHT OF ENTRY
Upon presentation of proper credentials, the City or its designated agent may enter at reasonable times upon any property within the City to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Title.
(Ord. No. 12-2019, art. VIII, § 13801, eff. 3-20-19)
1308.02 - ENFORCEMENT.
- It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in Section 1303.02.
- It shall be unlawful to violate Section 1307.03 of this Title.
- Inspections regarding compliance with the SWM site plan are a responsibility of the City. Inspections for operations and maintenance are the responsibility of the landowner or the owner's designee.
(Ord. No. 12-2019, art. VIII, § 13802, eff. 3-20-19)
1308.04 - PENALTIES.
- Anyone violating the provisions of this Title shall be guilty of a summary offense, and upon conviction, shall be subject to a fine consistent with current City fee and penalty schedules for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
- In addition, the City may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Title. 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. No. 12-2019, art. VIII, § 13804, eff. 3-20-19)
Pittsburgh Code of Ordinances: Zoning Code - Chapter 13 Stormwater Management