Each SWM site plan shall contain provisions which clearly set forth the ownership and maintenance responsibility of all temporary and permanent stormwater BMPs, and erosion and sedimentation control BMPs, including:
A. 
It should be the responsibility of the developer to construct all required stormwater BMPs proposed.
B. 
A description of temporary and permanent maintenance requirements and disposal of temporary materials and soils.
C. 
Identification of the responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation BMPs.
D. 
Establishment of suitable easements for access to all BMPs.
E. 
The intent of these regulations is to provide for private ownership and maintenance of stormwater management and erosion and sedimentation BMPs. In meeting this requirement, the following priority is established:
(1) 
The design should include the utilization of central or watershed basin stormwater planning. The construction of the system will be the responsibility of the developer. The ownership and maintenance responsibilities shall be clearly set forth on the plan. Should a homeowners' association be utilized, the legal terms incorporating such a group shall be submitted to the Township for a determination of their adequacy.
(2) 
When, in the opinion of the Township, it is either undesirable or impossible to provide for Subsection E(1) above, individual on-lot BMPs will be allowed. The developer will be responsible for the satisfactory completion of all BMPs proposed, and the ownership and maintenance responsibilities shall be clearly set forth on the plan. Should a homeowners' association be utilized, the legal terms incorporating such a group shall be submitted to the Township for a determination of their adequacy.
F. 
A maintenance agreement shall accompany all plan submittals.
A. 
Improvement guaranties and maintenance guaranties will be released upon satisfaction of the following requirements:
(1) 
Completion of the site SWM BMPs or phases.
(2) 
Submission of a letter of certification of completion from a Pennsylvania registered professional land surveyor or engineer stating that the SWM BMPs were constructed in accordance with the approved plans.
(3) 
Submission of an as-built drawing signed and sealed by a Pennsylvania registered professional land surveyor or professional engineer showing the elevations and locations of all of the constructed stormwater BMPs.
(4) 
Submission of detention basin as-built drawings at a minimum of one inch equals 50 feet and a stage/storage calculation and tabulation showing the volume of the completed basin.
(5) 
The Township Engineer inspecting all BMPs and having inspected all required corrections.
(6) 
Correction of any stormwater BMPs as required by the Township Engineer.
(7) 
Supplying the Township with an eighteen-month structural integrity bond.
A. 
The Township may periodically inspect the site during construction of the permanent stormwater management facilities. It is the responsibility of the developer to notify the Township 48 hours in advance of the beginning of construction of the stormwater management facilities. Any portion of the work that does not comply with the approved plan must be corrected promptly by the developer. No work may proceed on any subsequent phase of the stormwater management site plan, the subdivision or land development until the required corrections have been made.
B. 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as permanent easements that run with the land.
C. 
The O&M obligations shall be recorded as covenants that run with the land.
D. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
E. 
Upon completion of the proposed facilities or construction phase, the developer shall submit the necessary information (as outlined in § 170-28) for the Township's release of financial guaranties.
The developer and/or subsequent owner is responsible for operation and maintenance of the SWM BMPs. If the developer and/or subsequent owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the developer and/or subsequent owner appropriate fees. Nonpayment of fees may result in a lien against the property or other action in law or equity.