[Amended 6-17-2025 by Ord. No. 426]
The maintenance responsibilities for permanent stormwater runoff control facilities shall be determined based upon the type of ownership of the property which is controlled by the facilities.
A.
Single-entity ownership. In all cases where the permanent stormwater runoff control facilities are designed to manage runoff from property in a single-entity ownership as defined below, the maintenance responsibility for the stormwater control facilities shall be with the single-entity owner. The single-entity owner shall enter into an agreement with Whitpain Township which specifies that the owner will properly maintain the facilities consistent with accepted practice as determined by the Municipal Engineer. The agreement shall provide for regular inspections by Whitpain Township and contain such provisions as necessary to ensure timely correction of any maintenance deficiencies by the single-entity owner. A "single entity" shall be defined as an individual, association, public or private corporation, partnership, firm, trust, estate or any other legal entity empowered to own real estate.
B.
Multiple ownership.
(1)
In cases where the property controlled by the permanent stormwater control facilities shall be in multiple ownership (i.e., many individual owners of various portions of the property), each owner shall be responsible for that portion of the stormwater control facilities which are constructed on each owner's property and shall be considered as a single-entity owner in accordance with Subsection A above for maintenance purposes.
(2)
In certain multiple ownership situations, Whitpain Township may benefit by transferring the maintenance responsibility to an individual or group of individuals residing within the controlled area. These individuals may have the permanent stormwater control facilities adjacent to their lots or otherwise have an interest in the proper maintenance of the facilities. In these instances, Whitpain Township and the individual(s) may enter into a formal agreement for the maintenance of the facilities. Whitpain Township shall be responsible for periodic inspections.
C.
Responsibilities of developers and landowners.
(1)
The municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The municipality may require a dedication of such facilities as part of the requirements for approval of the Stormwater Management 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.
D.
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
E.
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
F.
Operation and maintenance agreements.
(1)
Prior to final approval of the stormwater management plan, the property owner shall sign and record an operation and maintenance (O&M) agreement covering all stormwater control facilities which are to be privately owned.
(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 the 10 working days of the change.
(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.
G.
Performance guarantee. For stormwater management 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 stormwater management plan and this Part in accordance with all applicable provisions of sections of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.