A.
The Board of Supervisors shall make the final determination on the
continuing operation and maintenance responsibilities prior to final
approval of the SWM site plan. The Board of Supervisors may require
a dedication of such facilities to Mount Joy Township as part of the
requirements for approval of the SWM site plan. Mount Joy Township
shall not be obligated to accept the facilities if offered for dedication.
The Board of Supervisors reserves the right to accept or reject the
ownership, maintenance, and operating responsibility for any portion
of the stormwater management facilities and controls.
B.
If the Board of Supervisors accepts dedication of any or all stormwater
management facilities associated with a project, Mount Joy Township
shall operate and maintain said facilities in accordance with the
approved O&M plan.
C.
If the Board of Supervisors does not accept dedication of some or all of the stormwater management facilities associated with a project, the property owner shall sign an O&M agreement in accordance with § 81-502 of this chapter. The municipality shall not approve the SWM site plan before the owner signs the O&M agreement.
A.
Prior to the signing of the SWM site plan by the Township Engineer,
the property owner shall sign and record an O&M agreement binding
the property owner to conduct all maintenance activities identified
in the approved O&M plan for all stormwater control facilities
which are to be privately owned.
(1)
The property owner, heirs, successors and assigns shall maintain
all facilities in accordance with the approved maintenance schedule
in the O&M plan.
(2)
The property owner shall provide to Mount Joy Township a license
or easement to ensure access for periodic inspections and maintenance
by Mount Joy Township.
(3)
The property owner shall keep on file with Mount Joy Township 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 property owner to Mount Joy Township within
10 working days of the change.
(4)
The O&M plan shall be recorded with the Adams County Recorder
of Deeds.
B.
The property owner, heirs, successors and assigns are responsible
for operation and maintenance of the SWM BMPs. If the property owner,
heirs, successors and assigns fail to adhere to the O&M agreement
or the O&M plan, Mount Joy Township may perform the services required
and charge the property owner, heirs, successors and assigns appropriate
fees for the services provided. Nonpayment of fees, costs and other
expenses incurred in the performance of services required may result
in a municipal lien against the property for such costs and expenses,
plus reasonable attorney fees, incurred in the in the imposition of
the lien and/or, at the discretion of the Township, the filing of
any action under law or equity to secure performance and/or to recover
costs and expenses, plus reasonable attorney fees, incurred.
For SWM site plans submitted as a component of a subdivision
and/or land development plan, the property owner or developer shall
provide a financial guaranty to Mount Joy Township 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 completion of improvements requirements of
the Mount Joy Township Subdivision and Land Development Ordinance
and the provisions of Sections 81-509 through 81-511 of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509 through
10511.
