The municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The municipality 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 municipality will accept the facilities. The municipality reserves the right to reject or accept the ownership and operating responsibility for any portion of the stormwater management controls.
Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
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 B) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
The owner shall keep on file with the municipality 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 municipality within 10 working days of the change.
Editor's Note: Appendix B is included as an attachment to this chapter.
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 perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the municipality 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 §§ 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.
Editor's Note: See 53 P.S. § 10101.1 et seq.