A. 
The City shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The City 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 City will accept the facilities. The City reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls. If the facility is rejected by the City, provisions shall be made to identify the legal owner.
B. 
Three options exist for perpetual ownership and responsibility of stormwater management facilities:
(1) 
The developer retains ownership;
(2) 
A homeowners' association assumes ownership and responsibility;
(3) 
The facility is dedicated to, and accepted by, the City.
C. 
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 in the office of the Recorder of Deeds for Luzerne County within 15 days of approval of the SWM plan by the City.
D. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
E. 
The City may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
A. 
Prior to the 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 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 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: Appendix A 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.
For SWM plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the City 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 §§ 424-509, 424-510, and 424-11 of the Pennsylvania Municipalities Planning Code.