A. 
For subdivisions and land developments, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management (SWM) facilities as:
(1) 
Required by the approved SWM site plan equal to or greater than the full construction cost of the required controls in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code; or
(2) 
The amount and method of payment provided for in Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
B. 
For other regulated activities, the municipality shall require a financial guarantee from the applicant in an amount to be reviewed and approved by the Municipal Engineer.
A. 
The owner of any land upon which stormwater facilities and BMPs will be placed, constructed, or implemented, as described in the stormwater facility and BMP O&M plan, shall record the following documents in the office of the Recorder of Deeds for Monroe County, within 90 days of approval of the SWM and BMP O&M plan by the municipality:
(1) 
The O&M plan, or a summary thereof;
(2) 
O&M agreements under § 160-37; and
(3) 
Easements under § 160-38.
B. 
The municipality may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this section.
C. 
The following items shall be included in the stormwater facility and BMP O&M plan:
(1) 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Monroe County and shall be submitted on twenty-four-inch-by-thirty-six-inch sheets, or as approved by the Municipal Engineer. The contents of the map(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of stormwater facilities and BMPs;
(b) 
The location of the project site relative to highways, municipal boundaries, or other identifiable landmarks;
(c) 
Existing and final contours at intervals of two feet, or one foot as appropriate;
(d) 
Existing streams, lakes, ponds, or other bodies of water within the project site area;
(e) 
Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
(f) 
The locations of all existing and proposed utilities, sanitary sewers, and water lines on-site and within 50 feet of property lines of the project site;
(g) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
(h) 
Proposed final structures, roads, paved areas, and buildings; and
(i) 
A minimum twenty-foot-wide access easement around all stormwater facilities and BMPs that would provide ingress to and egress from a public right-of-way.
(2) 
A description of how each stormwater facility and BMP will be operated and maintained, and the identity and contact information associated with the person(s) responsible for O&M;
(3) 
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and
(4) 
A statement, signed by the facility owner, acknowledging that the stormwater facilities and BMPs are fixtures that can be altered or removed only after approval by the municipality.
D. 
The stormwater facility and BMP O&M plan for the project site shall establish responsibilities for the continuing O&M of all stormwater facilities and BMPs, as follows:
(1) 
If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater facilities and BMPs may also be offered for dedication to and maintained by the municipality.
(2) 
If a plan includes O&M by single ownership, or if sewers and other public improvements are to be privately owned and maintained, the O&M of stormwater facilities and BMPs shall be the responsibility of the owner or private management entity.
E. 
The municipality shall make the final determination on the continuing O&M 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 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 O&M responsibility for any or all portions of the stormwater facilities and BMPs.
F. 
Facilities, areas, or structures used as BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
G. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
H. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article and this chapter.
A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an O&M agreement with the municipality covering all stormwater facilities and BMPs that are to be privately owned. The O&M agreement shall be transferred with transfer of ownership. The agreement shall be substantially similar to the agreement in Appendix A[1] or other form as may be deemed necessary by the municipality and subject to the satisfaction of the Municipal Solicitor.
(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 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: Appendix A is included as an attachment to this chapter.
B. 
Other items may be included in the O&M agreement where determined necessary to guarantee the satisfactory O&M of all stormwater controls and BMPs. The O&M agreement shall be subject to the review and approval of the municipality, including the Municipal Solicitor.
C. 
The owner is responsible for the 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. 
The owner must obtain all necessary real estate rights to install, operate, and maintain all stormwater facilities in the SWM site plan.
B. 
The owner must provide the municipal easements, or other appropriate real estate rights, to perform inspections and maintenance for the preservation of stormwater runoff conveyance, infiltration, and detention areas.
C. 
The owner must convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.