[Ord. No. 1238, 9/7/2022]
1. 
The Borough shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Borough 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 Borough will accept the facilities. The Borough 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 easements that run with the land.
3. 
The Borough may require the O&M plan to be recorded as a restrictive deed covenant that runs with the land.
4. 
The Borough may take enforcement actions against any applicant and/or owner for any failure to satisfy the provisions of this Chapter 21A.
[Ord. No. 1238, 9/7/2022]
1. 
Prior to final approval of the SWM site plan, the owner shall sign an Operation and Maintenance (O&M) agreement (see Appendix A attached to this chapter) covering all stormwater control facilities which are to be privately owned. The language of this O&M agreement shall be to the Borough's satisfaction, and once executed, this O&M agreement shall be recorded with the Bucks County Recorder of Deeds.
A. 
The owner, and its heirs, grantees, successors, and assigns shall maintain all stormwater management facilities in accordance with the approved maintenance schedule in the O&M agreement.
B. 
The owner shall convey to the Borough any and all easements necessary to assure access to the stormwater management facilities for periodic inspections by the Borough and maintenance and repair, as necessary.
C. 
The owner shall keep on file with the Borough the name, address, and telephone number of the person or company responsible for the inspection and maintenance of the stormwater management facilities; in the event of a change, new information shall be submitted by the owner to the Borough within 10 business days of the change.
2. 
The owner is responsible for inspection, operation, maintenance, repair, and replacement (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the Borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the subject property.
[Ord. No. 1238, 9/7/2022]
For SWM site plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved SWM site plan and this Chapter 21A 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.