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, but shall not be required to accept, 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 SWM 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 and stormwater plan shall be recorded by the applicant 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 article.
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 landowner, successor and assigns, shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
(2) 
The landowner shall convey to the municipality easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
(3) 
The landowner, successors and assigns, shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for maintenance activities required by the O&M agreement; in the event of a change, new information shall be submitted by the landowner 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. 
The landowner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the landowner, successors and assigns, fail to adhere to the O&M agreement, the municipality may perform the services required and the landowner shall reimburse the municipality for the costs of such services so provided, plus an administrative fee of 10%. The municipality may seek to collect reimbursement of such costs, administrative fee and the costs of collection from the landowner is such fees are not paid within 30 days of the date of the invoice issued by the municipality to landowner for such fees. Further, the municipality may file a lien against the property on which the services were provided.
A. 
For SWM site plans that involve subdivision and land development or an NPDES permit, the applicant shall provide financial security 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 MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511, respectively.
B. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion.
C. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The municipality, upon the recommendation of the municipal engineer, may refuse to accept such estimate for good cause shown.
D. 
For stormwater management site plans that are required to have an NPDES permit and a financial security to the municipality is required, evidence of the NPDES permit's executed notice of termination shall be provided to the municipality prior to the release of the financial security.