A.
The Abbottstown Borough Council shall make the final determination
on the ownership and maintenance responsibilities of required stormwater
BMPs prior to final approval of the SWM site plan. The Abbottstown
Borough Council may require a dedication of such facilities as part
of the requirements for approval of the SWM site plan. Abbottstown
Borough shall not be obligated to accept the facilities if offered
for dedication. The Abbottstown 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.
B.
If the Abbottstown Borough Council accepts dedication of any or all
stormwater management facilities associated with a project, Abbottstown
Borough shall operate and maintain said facilities in accordance with
the approved O&M plan.
C.
If the Abbottstown Borough Council do 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 § 180-35 of this chapter to ensure that the property owner will maintain the stormwater BMPs in accordance with the approved O&M plan. Abbottstown Borough shall not approve the SWM site plan before the owner signs the O&M agreement.
An operation and maintenance (O&M) plan shall be included
as a component of all SWM site plan submissions and shall include
the following.
A.
Long-term ownership responsibilities.
B.
Continuing maintenance responsibilities, including schedules and
estimated costs for maintenance activities. This component shall include
all information necessary to ensure that the stormwater BMPs will
continually operate within the design parameters of the given facility.
A.
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 and inspection activities identified in
the approved O&M plan for all stormwater control facilities which
are to be privately owned.
(1)
The property owner, heirs, successors and assigns shall maintain
all facilities in accordance with the approved maintenance schedule
in the O&M plan.
(2)
The property owner shall provide to Abbottstown Borough easements
to ensure access for periodic inspections and maintenance by Abbottstown
Borough, as necessary.
(3)
The property owner shall keep on file with Abbottstown 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 Abbottstown Borough within
10 working days of the change.
(4)
The O&M agreement shall be recorded with the Adams County Recorder
of Deeds.
B.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the O&M agreement or the
O&M plan, Abbottstown 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.
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 Abbottstown 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 Abbottstown Borough Subdivision and Land Development Ordinance[1] and the provisions of Sections 509 through 511 of the
Pennsylvania Municipalities Planning Code.
