A. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the drainage plan or stormwater management site plan. The Township may require a dedication of such facilities as part of the requirements for approval of the drainage plan or stormwater management site plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. 
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.
C. 
The BMP operations and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
A. 
Prior to final approval of the drainage plan or stormwater management site plan, the property owner shall sign and record an operations and maintenance agreement (see Appendix E[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 operations and maintenance agreement.
(2) 
The owner shall convey to the Township conservation easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
The owner shall keep on file with the Township 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 Township within 10 working days of the change.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B. 
The owner is responsible for operations and maintenance of the stormwater management BMPs. If the owner fails to adhere to the operations and maintenance plan agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved drainage plan or SWM site plan and this chapter in accordance with the provisions of §§ 509, 510, and 511 of the Pennsylvania Municipalities Planning Code (MPC).
A. 
The landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect stormwater management BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1) 
Annually for the first five years;
(2) 
Once every three years thereafter; and
(3) 
During or immediately after the cessation of a ten-year or greater storm.
B. 
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Township within 30 days following completion of the inspection.