Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
O&M plans for stormwater management approved pursuant to 25 Pa. Code Chapter 102 after the date of this part shall be recorded as a restrictive deed covenant that runs with the land as required by said section.
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this part.
Prior to completing construction of a SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (a suggested form of which is included as Appendix A, which is incorporated herein and made a part hereof) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.
The owner shall conduct and perform necessary periodic inspections demonstrating maintenance of the facilities, as necessary.
The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for operation and 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.
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, following notice including a reasonable time for compliance, perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.