[Ord. 441, 7/2/2012]
1. 
The Borough Council shall make the final determination on the continuing operation and maintenance responsibilities prior to final approval of the SWM site plan. The Borough Council may require a dedication of such facilities as part of the requirements for approval of the SWM site plan. The Borough shall not be obligated to accept the facilities if offered for dedication. The Borough Council reserves the right to accept or reject the ownership, maintenance, and operating responsibility for any portion of the stormwater management facilities and controls.
2. 
If the Borough Council accepts dedication of any or all stormwater management facilities associated with a project, the Borough shall operate and maintain said facilities in accordance with the approved O&M plan.
3. 
If the Borough Council does not accept dedication of some or all of the stormwater management facilities associated with a project, the property owner shall sign an O&M agreement in accordance with § 23-502 of this chapter. The Borough shall not approve the SWM site plan before the owner signs the O&M agreement.
[Ord. 441, 7/2/2012]
1. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an O&M agreement binding the property owner to conduct all maintenance activities identified in the approved O&M plan for all stormwater control facilities which are to be privately owned.
A. 
The property owner, heirs, successors and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan.
B. 
The property owner shall provide to the Borough easements to ensure access for periodic inspections and maintenance by the Borough, as necessary.
C. 
The property owner 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 shall be submitted by the property owner to the Borough within 10 working days of the change.
D. 
The O&M plan shall be recorded in the Office of the Adams County Recorder of Deeds.
2. 
The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the O&M agreement or the O&M plan, the Borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees, costs and other expenses incurred in the performance of services required may result in a municipal lien against the property.
[Ord. 441, 7/2/2012]
For SWM site plans submitted as a component of a subdivision and/or land development plan, the property owner or developer shall provide a financial guarantee to the Borough 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 completion of improvements requirements of the New Oxford Borough Subdivision and Land Development Ordinance and the provisions of Sections 509 through 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509 through 10511.