A.
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 reject or accept
the ownership and operating responsibility for any portion of the
stormwater management controls.
B.
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.
C.
The O&M Plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
A.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an operation and maintenance (O&M) agreement
(see Appendix B[1]) covering all stormwater control facilities which are
to be privately owned.
(1)
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
(2)
The owner shall convey to the municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
(3)
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 B is included as an attachment
to this chapter. In the paper Code it is included at the end
of this chapter, and in the eCode360 it is located at the top
of the chapter.
B.
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.
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.
A.
If stormwater BMPs are accepted by the municipality for dedication,
the municipality 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 operations and maintenance
activities. The amount may be determined as follows:
B.
If a BMP is proposed that also serves as a recreation facility (e.g.,
ball field, lake), the municipality may adjust the amount due accordingly.
