[Ord. 2011-8, 11/3/2011, § 501]
1. 
The Township shall make the final determination as to the adequacy of ownership operation and maintenance provisions prior to final approval of the SWM site plan.
2. 
The operation and maintenance plan shall be recorded as a restrictive covenant that runs with the land in perpetuity, and a reference to the plan, all easements (see § 23-502), and all operation and maintenance agreements (see § 23-503), including at a minimum the place, book and page where each is recorded, shall also be included on each deed.
3. 
Each SWM site plan shall contain provisions, which clearly set forth ownership, operation and maintenance responsibilities for all permanent stormwater management facilities. At a minimum, the provisions shall include:
A. 
A description of the routine and periodical operation and maintenance activities that are necessary to ensure proper operation and function of the stormwater management facilities such as is required to meet the intent of the approved SWM site plan.
B. 
Establishment of suitable easements as specified in § 23-502. The Township, its agents and employees shall have the right to enter easement areas where stormwater management and erosion and sediment control facilities are located for the purpose of inspecting said facilities.
C. 
Identification of the responsible party or entity for ownership and maintenance of permanent stormwater management facilities. In meeting this requirement, the following priority for ownership is herein established:
(1) 
As a first priority, ownership and maintenance of stormwater management facilities shall be the responsibility of a homeowners association. The Township shall have complete discretion in determining whether or not the first priority can be achieved. The stated responsibilities of the homeowners association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision and/or land development plan with the Recorder of Deeds of York County, Pennsylvania. In addition, the approved subdivision and/or land development plan and any deed written from said plan for a lot or lots shown therein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said homeowners association. As part of this ownership of the property on which the facility is located and the homeowners association fail to pay such costs in full, the owners of each lot in the subdivision shall be responsible for their proportionate share of the operation and maintenance costs, which share will be determined by the percentage each lot bears to the total number of lots in the subdivision. This priority shall not apply to minor subdivisions which shall be addressed pursuant to the terms of the second priority, below.
(2) 
As a second priority, in the event that the first priority cannot he achieved, or for minor subdivisions and facilities designed to manage stormwater runoff within individual lots, the stormwater management facilities shall be incorporated within individual lots so that respective lot owners will own and be responsible for maintenance in accordance with this section and the recorded deed restrictions, agreements and other related documents. In addition, a nonrefundable deposit in an amount to be set by the Board of Supervisors of the Township, the amount of which shall be the equivalent of 11 years of inspection costs by the Township's Engineer, shall be made by the developer for each stormwater management facility that is intended for ownership by the lot owner to cover the cost of inspections and necessary maintenance and repairs, except that the Township can waive this deposit, and require that the developer create covenants to permit the Township to place a lien on the residual tract of the subdivision as well as the lot on which the facility is located, in the event that a lot owner's failure to maintain or repair the facility requires the Township to maintain or repair it.
(3) 
Township Ownership. The Township reserves the right to accept or reject the ownership, operation and maintenance responsibility for any or all of the stormwater management facilities.
[Ord. 2011-8, 11/3/2011, § 502]
1. 
Easements provided in compliance with this section shall be depicted graphically on all subdivision, land development and SWM site plans. The provisions in Subsection 1C through F of this section shall be stated in note form on all subdivision, land development and SWM site plans.
A. 
Where a development site is traversed by federal or state-regulated natural watercourses, drainage easements shall be provided conforming to the alignment of the watercourse and the physical limits of any associated features that are regulated. If the physical limits of the regulated features are not known, then the width of the easement shall be equal to the top width of the maximum anticipated flow in the watercourse during a one-hundred-year design storm event, or 20 feet, whichever is greater.
B. 
Access easements shall be provided around all stormwater management facilities serving multiple lots to provide ingress to and egress from a public right-of-way. Access easements shall have a minimum width of 20 feet and be centered on the facility (i.e., pipe, swale) to which access is being provided. For storage, retention and infiltration facilities easements shall be provided conforming substantially to the size, shape and configuration of each facility.
C. 
Where individual on-lot controls are proposed, the Township shall be granted access to inspect on-lot facilities in the event of a malfunction.
D. 
No person shall place any obstruction or encroachment in an easement associated with a federal or state-regulated resource without prior written authorization by the appropriate regulatory authority.
E. 
No person shall place any obstruction or encroachment in a stormwater facility or drainage easement without prior written authorization by the Township.
F. 
The Township, its agents and employees shall have the right to enter any property where stormwater management and erosion and sediment control facilities are located for the purpose of inspecting and, if necessary, in the event the responsible parties as set out in § 23-501, Subsection 3C, fail to do so, maintaining or repairing, said facilities, pursuant to § 23-503, Subsection 3.
[Ord. 2011-8, 11/3/2011, § 503]
1. 
The applicant shall prepare and execute an operation and maintenance agreement which shall be recorded in the York county Recorder of Deeds Office and shall, at a minimum, provide as follows:
A. 
The owner shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan, which schedule and plan shall be incorporated in and made a part of the O&M agreement.
B. 
The owner shall convey to the Township easements to assure access for periodic inspections by the Township and maintenance, as necessary.
C. 
The owner shall not modify, alter or relocate any stormwater facilities without the approval of the Township.
D. 
The owner shall indemnify the Township from any and all claims arising from the operation and maintenance of the stormwater facilities. The Township may include provisions requiring the owner to maintain general liability insurance coverage in appropriate amounts to fund this indemnity.
E. 
The owner shall be responsible for all costs of inspection, operation and maintenance.
F. 
The owner shall pay all costs of enforcement or abatement by the Township, including an express statement granting authority to the Township to collect such costs by municipal lien on the property.
G. 
Other items may be required in the agreement where determined necessary to guarantee satisfactory installation and maintenance of all facilities.
H. 
The agreement shall be subject to a review and approval by the Township, shall be recorded with the York County Recorder of Deeds, and shall constitute a covenant running with the property and/or equitable servitude and shall be binding on the landowner, his administrators, executors, assigns, heirs and any other successors in interest in perpetuity.
I. 
Any modifications or amendments to the O&M plan or the O&M agreement must be approved in writing by the Township.
2. 
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.
3. 
When ownership will ultimately be the responsibility of a homeowners association, the homeowners association shall also be a party to the O&M agreement. The agreement shall also be included, or specifically referred to (including at a minimum the place, book and page where it is recorded), in any and all documents relating to the homeowners association, including but not limited to any declarations or restrictive covenants.
4. 
If the landowner fails to adhere to the operation and maintenance agreement, the Township may perform the services required and charge the landowner appropriate fees.
5. 
Payment of any fees, costs or expenses incurred by the Township as a result of this section shall be the responsibility of the homeowners association, the landowner or the owners of each lot in the subdivision, as the case may be. Failure by any owners to pay their share, whether all or part, may result in a lien against the property and/or any other action authorized by law or agreement.