61.41.1. 
Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
61.41.2. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
61.41.3. 
The Municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
61.42.1. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement covering all stormwater control facilities which are to be privately owned.
1. 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
2. 
The owner shall convey to the Municipality conservation easements to assure access for periodic inspections by the Municipality and maintenance, as necessary.
3. 
The owner shall keep on file with the Municipality 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 Municipality within 10 working days of the change.
61.42.2. 
The owner is responsible for operation and maintenance (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.
61.43.1. 
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Municipality 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 provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510, and 10511.
61.44.1. 
The Engineer or a designated inspector under the Engineer's direct supervision shall inspect all phases of the installation of the SWM BMPs as deemed appropriate by the Engineer.
61.44.2. 
During any stage of the work, if the Engineer determines that the SWM BMPs are not being installed in accordance with the approved SWM site plan, the Municipality shall provide written notification to the owner(s)/developer(s) and the contractor(s) indicating the deficiencies and require that the deficiencies be corrected within 30 days (or longer as may be required). If the deficiencies are not corrected within the specified period of time, the Municipality may:
1. 
Revoke any existing permits until a revised SWM site plan is submitted and approved, as specified in this chapter.
2. 
Utilize financial security posted by the owner(s)/developer(s) as part of the developer's agreement to install any unfinished facilities or remedy any improperly constructed facilities.
3. 
Pursue other legal remedies pursuant to this chapter.
4. 
If applicable, at the completion of the project, and as a prerequisite for the final release of the improvements guarantee, the owner/developer or his representatives shall:
a. 
Provide a certificate of final completion letter from an engineer, landscape architect, surveyor or other qualified professional verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
b. 
Provide a set of as-built (record) drawings.
5. 
After receipt of the certification by the Municipality, a final inspection shall be conducted by the Engineer or designated representative to certify compliance with this chapter.
61.45.1. 
SWM BMPs should be inspected by the landowner or the owner's designee, including the Municipality for dedicated and owned facilities, according to the following list of minimum frequencies:
1. 
Annually for the first five years following construction.
2. 
Once every three years thereafter.
3. 
During or immediately after the cessation of a ten-year or greater storm.
4. 
All inspections reports should be forwarded to the Municipality for their files. If the Municipality finds that they do not have inspection reports on file, they will notify the owner asking for an inspection to be complete in accordance with the following:
a. 
The letter will require the owner to complete the inspection within three months of the date of notification.
b. 
The inspection should be complete by a qualified professional.
c. 
If no inspection report is received within the three-month period, the Municipality has the right to inspect the facility and charge the owner the cost of the inspection.
d. 
If corrective action is necessary, within a reasonable period of time, not to exceed 30 days, the owner shall take such corrective action. If the owner does not take the required corrective action, the Municipality may either perform the work, or contract for the performance of the work and bill the owner for the cost of the work plus a penalty of 10% of the cost of the work. If the owner does not pay such bill within 30 days, the Municipality may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws.