Where individual on-lot stormwater management facilities are proposed,
the subdivision and/or land development plan shall contain a note
in a form satisfactory to the Borough Solicitor designating the entity
responsible for operation and maintenance of the on-lot facilities
consistent with an approved operation and maintenance plan and, in
the event that the responsible person or entity fails to do so, granting
to the Borough the right but not the duty to enter upon the premises
to repair or restore said facilities, to charge and assess the costs
thereof to the owner, including a reasonable allowance for overhead,
and to enforce said charges and assessments by lien upon the property.
In addition, the deed for each lot shall contain a perpetual covenant
binding the grantee and all successors in interest designating the
responsibility for operation and maintenance of the on-lot facilities
essentially in the following form:
"UNDER AND SUBJECT, nevertheless, to the following conditions
and restrictions: Prior to any Earth Disturbance for which stormwater
management facilities are required by the Borough, Grantee shall construct
the permanent stormwater management facilities as shown on the stormwater
management plan (the "Plan") prepared by [NAME], P.E., dated [DATE]
and last revised [DATE] and approved by Borough; thereafter, the Grantee,
his heirs, executors, administrators, successors and assigns ("Owner"),
at his sole cost and expense, shall operate, maintain and repair said
stormwater management facilities on the lot in accordance with said
Plan, so that the facilities shall at all times continue to operate
and function in the same manner and capacity as they were designed.
In the event of the failure of the Owner to comply with these conditions
and restrictions, Borough shall have said stormwater management facilities
repaired or restored as required, and the costs thereof plus a reasonable
allowance for overhead shall be assessed to the Owner; said assessment
shall be a charge and a continuing lien upon the property herein.
The Borough, before it may exercise this right, shall notify the Owner
by certified mail of its intention to take the aforesaid action. The
notice shall set forth in what manner the Owner has neglected the
operation and maintenance of or repair to the stormwater management
facilities, and if the Owner fails, within a period of 90 calendar
days, to correct or repair the items listed in the notice from the
Borough, then and only then, may the Borough exercise this right."