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 accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
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 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 chapter.
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 plan.
(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 Township offices.
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.
A. 
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.
B. 
The guarantee shall be accompanied by a bond from a surety company licensed to do business within the Commonwealth of Pennsylvania, or in the cash amount of the total estimated construction cost of the stormwater management practices approved under permit, plus 10%. The performance security shall contain forfeiture provisions for failure to complete work specified in the SWM Plan. The guarantee and bond shall guarantee performance of the control measures for a period of five years from final approval of the measures by the Engineer of German Township.
C. 
Any approval issued by the Engineer shall not be final until the guarantee has been received by German Township. German Township shall make the final inspection of the stormwater practice to ensure that it is in compliance with the approved SWM plan and the provisions of this chapter.
A. 
The developer and landowner shall execute and submit a written maintenance guarantee to German Township, insuring the maintenance of all control measures, which guarantee shall be acceptable to the Solicitor of German Township, prior to any final approval of any work subject to the provisions of this chapter.
B. 
The guarantee shall be accompanied by a bond from a surety company licensed to do business within the Commonwealth of Pennsylvania, or cash in the amount that the Engineer of German Township deems adequate to cover all costs and expenses to maintain the control measures. The guarantee and bond shall guarantee maintenance of the control measures for a period of five years from final approval of the measures by the Engineer of German Township. Any approval issued by the Engineer shall not be final until this guarantee has been received by German Township. German Township will make the final inspection of the stormwater practice to ensure that it is in compliance with the approved plan and the provisions of this chapter.
In cases where permanent control facilities are owned by a private entity such entity shall be responsible for maintenance. In this case, a legally binding agreement between the entity and German Township shall be made providing for maintenance of all permanent control facilities, and allowing inspection by German Township of all such facilities deemed critical to the public welfare at any reasonable time. A proposed agreement shall be submitted to German Township for review and shall be subject to approval of the Solicitor of German Township.
A. 
When stormwater management control measures are located on an individual lot, and when they are the responsibility of the landowner to maintain, a description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
B. 
If German Township determines at any time that any permanent stormwater management control facility has been eliminated, altered, or improperly maintained, the owner of the property shall be advised of corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner, German Township may cause work to be done and lien all costs and fee (including but not limited to legal fees) against the property owner.
Nothing in this chapter shall obligate German Township to undertake corrective action, maintenance of control measures, or any other actions, except to the extent German Township may be obligated to do so by any applicable law.