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 reject or accept
the ownership and operating responsibility for any portion of the
stormwater management controls.
B.
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.
C.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
A.
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix B[1]) 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.
(4)
The O&M agreement shall be substantially the same as the agreement in Appendix B.[2] Other items may be included in the agreement where determined
by the municipality to be necessary to effectuate the satisfactory
operation and maintenance of the BMPs, including but not limited to
the addition of homeowner's associations as signatories where
BMPs are located on a privately owned lot and serve other lots within
the development.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(5)
If BMPs servicing a development are located off site, then both the
owner of the property being served and the owner of the property where
the BMPs are located shall sign the O&M agreement.
(6)
If the property owner fails to record the O&M agreement, the
municipality may do so at the owner's expense.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
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.
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.
