A.
The Township shall make the final determination on the continuing
operation and maintenance responsibilities prior to final approval
of the SWM site plan. The Township may require a dedication of such
facilities as part of the requirements for approval of the SWM site
plan, but it shall not be obligated to accept the facilities offered
for dedication. The Township reserves the right to accept or reject
the ownership, maintenance, and operating responsibility for any portion
of the stormwater management facilities and controls.
B.
If the Township accepts dedication of any or all stormwater management
facilities associated with a project, it shall operate and maintain
said facilities, or portion thereof that has been accepted by the
Township, in accordance with the approved O&M plan.
C.
If the Township does not accept dedication of some or all of the stormwater management facilities associated with a project, the property owner shall sign an O&M agreement in accordance with § 109-32 of this chapter. The municipality shall not approve the SWM site plan before the owner signs the O&M agreement.
A.
Prior to the signing of the SWM site plan after final approval, the
property owner shall sign and record an O&M agreement[1] binding the property owner to conduct all maintenance
activities identified in the approved O&M plan for all stormwater
control facilities which are to be privately owned.
(1)
The property owner, heirs, successors and assigns shall maintain
all facilities in accordance with the approved maintenance schedule
in the O&M plan.
(2)
The property owner shall provide to the Township easements and/or
licenses to ensure access for periodic inspections and maintenance
by the Township as the Township deems necessary.
(3)
The property 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 property owner to the Township within 10
working days of the change.
(4)
The O&M plan shall be recorded with the Adams County Recorder
of Deeds. A receipt verifying such recordation shall be provided to
the Township.
[1]
Editor's Note: See Appendix A at the end of this chapter.
B.
The owner is responsible for operation and maintenance of the SWM
BMPs. If the owner fails to adhere to the O&M agreement or the
O&M plan, the Township may perform the services required and charge
the owner appropriate fees. Nonpayment of fees, costs and other expenses
incurred in the performance of services required shall entitle the
Township to impose a municipal lien against the property for such
costs and expenses, plus reasonable attorney fees incurred in the
imposition of the lien.
For SWM site plans submitted as a component of a subdivision
and/or land development plan, the property owner or developer shall
provide a financial guarantee 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
completion of improvements requirements of the Township's Subdivision
and Land Development Ordinance[1] and the provisions of Sections 509 through 511 of the
Pennsylvania Municipalities Planning Code, as amended.
