[Ord. 585, 9/12/2011]
1. 
Easements shall be established to provide for the continued existence and maintenance of stormwater management facilities and shall be provided in accordance with the requirements of this section.
2. 
All easements, whether on-site or off-site, shall be granted in favor of the owner of the property on which the regulated activities occur, or to an entity responsible for maintenance of the stormwater management facilities contained within the easement, as proposed by the applicant and approved by the Borough.
3. 
All easements shall provide the Borough with a license to inspect, monitor, clear, repair, and maintain the drainage facilities as may be necessary in the judgment of the Borough. However, it shall not be the obligation of the Borough to perform such duties.
4. 
Easements shall be established for all stormwater management facilities, including, but not limited to, BMPs and natural and man-made drainageways, with a width not less than 20 feet adequate to preserve the unimpeded flow of drainage and to encompass the one-hundred-year water surface elevation of the facility. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement. Maintenance, including mowing of vegetation within the easement may be required.
5. 
Easements shall provide ingress to, and egress from, a public right-of-way. In lieu of providing an easement to the public right-of-way, a note may be added to the SWM site plan granting the Borough or their designees access to all easements via the nearest public right-of-way able for vehicle ingress and egress on grades of less than 10% for carrying out inspection or maintenance activities.
6. 
All easement agreements shall be recorded with a reference to the recorded easement indicated on the SWM site plan. The format and content of the easement agreement shall be reviewed and approved by the Borough in consultation with the Borough Solicitor, as necessary.