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Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
A. 
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 accept or reject the ownership and operating responsibility for any portion of the stormwater management controls. If the facility is rejected by the municipality, provisions shall be made to identify the legal owner.
B. 
Three options exist for perpetual ownership and responsibility of stormwater management facilities:
(1) 
The developer retains ownership;
(2) 
A homeowners' association assumes ownership and responsibility;
(3) 
The facility is dedicated to, and accepted by, the municipality.
C. 
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.
D. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
E. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
The owner is responsible for 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.