A. 
The Borough Engineer shall make the final determination on the continuing maintenance and inspection responsibilities prior to final approval of the SWM site plan. The Borough Engineer 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. Prior to acceptance by the Borough, all newly installed storm sewer mains and lines shall be inspected by the Borough Engineer, and the person offering dedication shall pay the fee established in the amount and according to the formula set forth in Chapter 120, Fees.
B. 
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.
C. 
The operation and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
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 A)[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.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
B. 
The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the operation and maintenance agreement (see the sample Operations and Maintenance Agreement in Appendix A[2]), the Borough may perform the services required and charge the owner appropriate fees. Nothing herein shall be construed to place a duty or obligation upon the Borough to perform any services or repairs. Nonpayment of fees may result in a lien against the property or other judicial action.
[2]
Editor's Note: Appendix A is on file in the office of the Borough Secretary.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
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 §§ 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.