A.Â
The Borough shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The Borough 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 Borough will accept the facilities.
The Borough reserves the right to accept or reject the ownership and
operating responsibility for any portion of the stormwater management
controls.
B.Â
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.Â
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.Â
The Borough may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
A.Â
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 A)[1] covering all stormwater control facilities which are to
be privately owned.
(1)Â
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
(2)Â
The owner shall convey to the Borough conservation easements to assure
access for periodic inspections by the Borough and maintenance, as
necessary.
(3)Â
The owner shall keep on file with the 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 owner to the Borough within 10 working days of the change.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.Â
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 Borough may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
A.Â
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the 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 provisions of §§ 509,
510, and 511 of the Pennsylvania Municipalities Planning Code.
B.Â
For stormwater management site plans that are not submitted as part
of a subdivision and land development plan, the work and installation
of BMP's must be completed and inspected by the Building Permit
Officer or Borough Engineer prior to receipt of a use and occupancy
permit. In the instance where the work does not involve any improvements
which will require a use and occupancy permit, the Borough may require
financial security in accordance with the procedure outlined above
in this section.