A. 
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.
B. 
Operation and maintenance (O&M) plans for stormwater management approved pursuant to 25 Pa. Code § 102 after the date of this Part 1 shall be recorded as restrictive deed covenants that run with the land.
C. 
The City may take enforcement actions against an owner for any failure to satisfy the provisions of this Part 1.
A. 
Prior to completing construction of a SWM site plan, the property owner shall sign and record an 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 operate and maintain all facilities in accordance with the approved schedule(s) in the SWM site plan.
(2) 
The owner shall convey to the City conservation easements to assure access for periodic inspections by the City and maintenance, as necessary.
(3) 
The owner shall keep on file with the City the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the City within 10 working days of the change.
[1]
Editor's Note: Said appendix 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 City may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.