A.
The Bonneauville Borough elected body shall make the final determination
on the continuing operation and maintenance responsibilities prior
to final approval of the SWM site plan. The Bonneauville Borough elected
body may require a dedication of such facilities as part of the requirements
for approval of the SWM site plan. Bonneauville Borough shall not
be obligated to accept the facilities if offered for dedication. The
Bonneauville Borough elected body 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 Bonneauville Borough elected body accepts dedication of any
or all stormwater management facilities associated with a project,
Bonneauville Borough shall operate and maintain said facilities in
accordance with the approved O&M plan.
C.
If the Bonneauville Borough elected body 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 § 204-31 of this chapter. The municipality shall not approve the SWM site plan before the owner signs the O&M agreement.
A.
Prior to final approval of the SWM site plan, 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]
(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 Bonneauville Borough easements
to ensure access for periodic inspections and maintenance by Bonneauville
Borough, as necessary.
(3)
The property owner shall keep on file with Bonneauville Borough 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 Bonneauville Borough within
10 working days of the change.
(4)
The O&M plan shall be recorded with the Adams County Recorder
of Deeds.
[1]
Editor's Note: See also Appendix A, Operation and Maintenance Agreement, included as an attachment to this chapter.
B.
The owner is responsible for operation and maintenance of the SWM
BMPs. If the owner fails to adhere to the O&M agreement or the
O&M plan, Bonneauville Borough may perform the services required
and charge the owner appropriate fees. Nonpayment of fees, costs and
other expenses incurred in the performance of services required may
result in a municipal lien against the property.
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 guarantee to Bonneauville Borough 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 Bonneauville Borough Subdivision and Land Development Ordinance[1] and the provisions of Sections 509 through 511 of the
Pennsylvania Municipalities Planning Code.[2]
