[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[1]) 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.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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.[1]
[1]
Editor's Note: See 53 P.S. 10509, 10510 and 10511.