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 facilities as required by the approved SWM site plan. The amount of the guarantee shall be equal to or greater than the full construction cost of the required controls.
B. 
For other regulated activities, the municipality may require a financial guarantee from the applicant.
C. 
For all SWM site plans, 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 now 53 P.S. §§ 10506, 10510 and 10511.
A. 
The owner of any land upon which stormwater facilities and BMPs will be placed, constructed, or implemented, as described in an O&M plan, shall record the following documents in the Office of the Recorder of Deeds for Montgomery County, within 90 days of approval of the O&M plan by the municipality:
(1) 
The O&M plan, or a summary thereof;
(2) 
O&M agreements under § 180-704; and
(3) 
Easements under § 180-705.
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 chapter.
C. 
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.
D. 
The following items shall be included in the 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 Montgomery County, shall be submitted on twenty-four-inch by thirty-six-inch sheets. The contents of the map(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of stormwater controls 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 others 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 existing and proposed utilities, sanitary sewers, and water lines 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) 
At the discretion of the municipality, a 15-foot wide access easement around all stormwater controls 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 operations and maintenance;
(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 landowner, acknowledging that the stormwater facilities and BMPs are fixtures that cannot be altered or removed without prior approval by the municipality.
E. 
The 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 that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the municipality, associated stormwater controls and BMPs also may be dedicated to and maintained by the municipality;
(2) 
If a plan includes operation and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, the O&M of stormwater controls and BMPs, and inspections required by permits, shall be the responsibility of the owner.
F. 
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.
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. 
O&M plans shall be consistent with the requirements of this chapter.
B. 
The municipality will notify applicants in writing whether or not O&M plans are approved.
C. 
The municipality's approval letter will indicate whether or not "record drawings" of all stormwater controls and BMPs are required, including a final "as-built" O&M plan.
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 E[1]) covering all stormwater control facilities which are to be privately owned.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B. 
The owner shall convey to the municipality conservation easements to ensure access for periodic inspections by the municipality and maintenance, as necessary.
C. 
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.
D. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all stormwater facilities and BMPs. The O&M Agreement shall be subject to the review and approval of the municipality.
E. 
The owner is responsible for 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 and the O&M plan.
B. 
The owner must provide the municipal easements, or other appropriate real estate rights, to perform inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention areas.