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Township of West Manchester, PA
York County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
A. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Township 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 Township will accept the facilities. The Township reserves the right to accept or reject the ownership, maintenance, and operating responsibility for any portion of the stormwater management facilities and controls.
B. 
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded in the York County Recorder of Deeds office as deed restrictions/protective covenants or easements that run with the land.
C. 
The operation and maintenance (O&M) plan shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
E. 
No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Township, with the exception of necessary maintenance activities such as mowing.
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 A.[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 plan.
(2) 
The owner shall convey to the Township easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
The owner shall keep on file with the 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 owner to the Township within 10 working days of the change.
[1]
Editor's Note: Said appendix is included at the end of this 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 Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
C. 
The Township is exempt from the requirement to sign and record an operation and maintenance agreement.
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the 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 provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.