[Ord. No. 477, 10/3/2017]
1. 
The municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The municipality 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 municipality will accept the facilities. The municipality reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
2. 
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.
3. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
4. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this Part.
[Ord. No. 477, 10/3/2017]
1. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement, in a form acceptable to the Township Solicitor, covering all stormwater control facilities which are to be privately owned. (See Appendix A.[1])
A. 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
B. 
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
C. 
The owner shall keep on file with the municipality the name, address, and telephone number 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 municipality within 10 working days of the change.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2. 
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 municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
[Ord. No. 477, 10/3/2017]
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this chapter in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511.
[Ord. No. 477, 10/3/2017]
1. 
The Township 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 the Township Engineer's periodic inspections of all BMPs and regulated SWM facilities within the Township and, if the stormwater BMP is to be accepted by the Township for dedication to the public, shall include the estimated costs of the Township Engineer's periodic inspections of and for the operations and maintenance activities of the BMP. The amount may be determined as follows:
A. 
If the BMP is to be owned and maintained by the owner/developer, the amount shall cover the estimated costs for operations and maintenance, and for periodic inspections by the Township Engineer, for 30 years. If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for for operations and maintenance, and for periodic inspections by the Township Engineer, for 30 years.
B. 
The foregoing amount shall be calculated by the Township Engineer and 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., ballfield, lake), the Township may adjust the amount due accordingly.