No regulated earth disturbance activities within the municipality shall commence until approval by the municipality of the BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.
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 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.
B. 
The 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 shall be recorded 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.
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved BMP operations and maintenance plan unless an exception is granted, in writing, by the municipality.
A. 
The property owner shall sign an operations and maintenance agreement with the municipality covering all stormwater BMPs that are to be privately owned. The agreement shall include the terms of the format agreement referenced in Appendix A[1] of this chapter.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
C. 
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
D. 
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.
E. 
Other items may be included in the agreement where determined by the municipality to be reasonable or necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the municipality.
F. 
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.
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 26-40.
A. 
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Lehigh County or Northampton County, as applicable, within 90 days of approval of the BMP operations and maintenance plan by the municipality:
(1) 
The operations and maintenance plan or a summary thereof.
(2) 
Operations and maintenance agreements under § 26-40.
(3) 
Easements under § 26-41.
B. 
The municipality may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
A. 
If stormwater BMPs are accepted by the municipality for dedication, the municipality may require the applicant to pay a specified amount to the municipal stormwater BMP operations and maintenance fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) 
If the BMP is to be owned and maintained by the municipality, the amount shall cover the estimated costs for operation and maintenance in perpetuity, as determined by the municipality.
(2) 
The amount shall then be converted to present worth of the annual series values.
B. 
If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the municipality may adjust the amount due accordingly.
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 chapter 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.