[Ord. No. 1151, 6/20/2023]
1. 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.
2. Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation covenants that run with the land.
3. The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
4. The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this Subpart.
5. The SWM site plan for the development site shall contain an operation
and maintenance plan prepared by the applicant and approved by the
Municipal Engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to insure
proper operation of the facility(ies).
6. The SWM site plan for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed stormwater
control facilities, consistent with the following principles:
A. If a development consists of structures or lots which are to be separately
owned and in which streets, sewers or other public improvements are
to be dedicated to the municipality, stormwater control facilities
may also be dedicated to and maintained by the municipality (the municipality
is not obligated to accept ownership).
B. If a development site is to be maintained in a single ownership or
if streets, sewers, or other public improvements are to be privately
owned and maintained, then the ownership and maintenance of stormwater
control facilities may be the responsibility of the applicant or private
management entity.
7. The governing body, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to approval of the SWM site plan. The governing body reserves
the right to accept the ownership and operating responsibility for
any or all of the stormwater management controls.
[Ord. No. 1151, 6/20/2023]
1. 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) covering all stormwater control facilities which are
to be privately owned.
A. The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M agreement.
B. The owner shall convey to the municipality conservation covenants
to assure 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.
2. 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 municipality may perform the services required and charge the
owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
3. The owner is responsible for performing and providing the Borough
with copies of all inspection reports as required in the stormwater
management agreement.
4. Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to the review and approval of the Municipal
Solicitor and governing body.
[Ord. No. 1151, 6/20/2023]
For SWM site plans that involve subdivision and land development,
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 Part in accordance with the provisions of Sections 509, 510,
and 511 of the Pennsylvania Municipalities Planning Code.