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 included in the SWM site plan and 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 SWM site plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed BMPs, consistent with the following principles:
(1) 
Maintenance by private entity. In cases where permanent BMPs are owned by a private entity (such as a homeowner's association), such entity shall be responsible for ongoing maintenance. In this case, a legally binding agreement between the entity and the Township, as discussed under § 252-30, shall be executed providing for maintenance of all permanent BMPs, including the inspection by the Township as the Township deems necessary.
(2) 
Maintenance by Township. The Township is authorized, where it is deemed necessary for the public health, safety and welfare, to enter into contracts with persons whereby such persons will dedicate such stormwater management facilities to the Township; provided, however, before such stormwater management BMP is dedicated to the Township and accepted by the Township, such person shall have deposited a sum of money with the Township as determined by § 252-33, Municipal stormwater maintenance fund.
E. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
F. 
No person shall modify, remove, fill, damage, impede, landscape, or alter any SWM BMPs, facilities, areas, or structures without the prior written approval of the Township, with the exception of necessary maintenance activities set forth in an O&M plan.
A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an Operation and Maintenance (O&M) Agreement (an example is provided in Appendix A)[1] covering all stormwater control facilities which are to be privately owned.
(1) 
The property owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan and shall keep all facilities in a safe and attractive manner.
(2) 
The property owner shall convey to the Township easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
The property 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 and O&M agreement assignment shall be submitted by the owner to the Township within 30 working days of the change.
[1]
Editor's Note: Appendix A is included as an attachment to 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 in accordance with the requirements of the Municipal Lien Law.[2]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
C. 
Upon execution of the O&M agreement, the Township will record said agreement, at the property owner's expense.
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee, in an amount equal to 110% of the estimated cost of all stormwater management BMPs, 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.[1] A line item "Public Improvements Security Estimate" shall be submitted by the applicant or his/her representative to assist the Township Engineer in establishing the bond amount. Said bond shall be conditioned upon the faithful performance of the control measures specified on the SWM site plan within the times specified or within any extension thereof granted by the Township. Said bond shall terminate when all control measures as shown on the approved plan are completed and approved by the Township Engineer. In lieu of the required bonds, the applicant may deposit funds or securities in an escrow account satisfactory to the Township Solicitor. Funds deposited in this account for guaranteeing the construction or maintenance of control measures shall only be used to secure the construction and maintenance of SWM BMPs.
[1]
Editor's Note: See 53 P.S. § 10509, 10510 and 10511, respectively.
For SWM site plans that involve the dedication of all or some of the required improvements following completion, the Township may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications included in the SWM site plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 252-31 with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements in accordance with the provisions of Section 509 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.