A. 
The landowner, successor and assigns shall maintain all stormwater management facilities in good working order in accordance with the approve O&M plan.
B. 
The landowner shall convey to the Borough easements to ensure access for inspections and maintenance, if required.
C. 
The landowner shall keep on file with the Borough the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the Borough within 10 days of the change.
D. 
Enumerate permanent SWM facilities as permanent real estate appurtenances and record as easements that run with the land. The easement area shall include all areas with amended soils.
E. 
The record owner of the development site shall sign and record an operation and maintenance (O&M) agreement covering all stormwater management facilities, including riparian buffers and riparian forest buffers, which are to be privately owned. Said agreement, designated as Appendix 7[1], is attached and made part hereto. The O&M plan and agreement shall be recorded as a restrictive covenant agreement that runs with the land.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
F. 
The Borough may take enforcement actions against a landowner for any failure to satisfy the provisions of this article.
A. 
The O&M plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities.
B. 
The following shall be addressed in the O&M plan:
(1) 
Description of maintenance requirements, including, but not limited to, the following:
(a) 
The landowner or the owner's designee (including the Borough for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
[Amended 8-1-2022 by Ord. No. 3-22]
[1] 
Annually for the first five years.
[2] 
Once every three years thereafter.
[3] 
During or immediately after the cessation of a ten-year or greater storm.
[4] 
As specified in the recorded agreement pursuant to § 226-62.
Inspections should be conducted during or immediately following precipitation events of 2.5 inches with in a twenty-four-hour period which represents the NOAA one-year, twenty-four-hour return storm event. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Borough within 30 days following completion of the inspection.
(b) 
All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
(c) 
Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.
(d) 
Reestablishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the Borough.
(2) 
Riparian forest buffer management plan prepared in accordance with 25 Pa. Code Chapter 102, § 14(b)(4), if required.
(3) 
Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities.
(4) 
Establishment of suitable easements for access to all facilities in accordance with § 226-31Q.
(5) 
Identification of the amount of impervious coverage on each lot, measured in square feet, for which the SWM facilities have been designed. For lots intended for development of a single residential dwelling unit, the maximum permitted impervious coverage used for the design shall be the maximum permitted impervious coverage for the zoning district in accordance with Chapter 270, Zoning.
A. 
The Borough reserves the right to accept or reject the ownership and operating responsibility of any SWM facilities.
B. 
If SWM facilities are accepted by the Borough for dedication, the landowner/developer shall be required to pay a specified amount to the Borough to defray costs of periodic inspections and maintenance expenses. This fee shall be provided to the Borough prior to unconditional plan approval. The amount of the deposit shall be determined as follows subject to the approval of Borough Council:
(1) 
The deposit shall cover the estimated costs for maintenance and inspections for 25 years. The Borough will establish the estimated costs according to the O&M requirements outlined in the approved O&M plan.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values.
(3) 
If a storage facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
C. 
If at any time a dedicated storage facility is eliminated due to the installation of storm sewers or other storage facility such as a regional detention facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.
D. 
Maintenance shall be conducted as necessary to provide for the continued functioning of the facility. Costs of inspections, maintenance and repairs are recoverable from the deposit made pursuant to Subsection B above.
SWM facilities existing on the effective date of this chapter which have not been accepted by the Borough or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association shall be maintained by the individual landowners. Such maintenance shall include at a minimum those items set forth in § 226-63B(1) above. If the Borough determines at any time that any permanent SWM facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance and the Borough shall notify the landowner of corrective measures that are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the landowner does not take the required corrective action, the Borough may either perform the work or contract for the performance of the work and bill the landowner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the property owner within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The Borough shall have the right to choose among the remedies and may use one or more remedies concurrently.