A. 
Maintenance by private entity. In cases where permanent stormwater management facilities are located on property owned by a private entity (such as homeowner's association), such entity shall be responsible for the repair and maintenance of the facilities. In such case a legally binding agreement between the entity and the Township shall be entered into providing for maintenance of all permanent facilities and allowing for the inspection by the Township Engineer of all such facilities in accordance with § 281-23 of the ordinance.
B. 
Maintenance by individual lot owners. Where stormwater management facilities are located on an individual lot, unless some other person by agreement with the Township has assumed responsibility for maintenance, it shall be the responsibility of the lot owner to maintain the facilities in good order and repair in accordance with their design. The person subdividing or developing such lot shall by recorded declaration or deed containing a specific reference thereto, impose such maintenance responsibility on the lot owner and the lot owner's heirs, personal representatives, successors or assigns.
C. 
Maintenance by Township. The Township is authorized, where it is deemed necessary for the public welfare, to enter into contracts with persons, whereby such persons will dedicate stormwater management facilities to the Township which will thereafter be responsible for the maintenance of such facilities; however, before any stormwater management facilities are dedicated to and accepted by the Township, such person shall deposit a sum of money with the Township sufficient, in the opinion of the Township, to provide for the future maintenance and repair of the stormwater management facilities so dedicated and accepted.
D. 
Unless otherwise noted during the approval of the SWM site plan, the Owner of the SWM facilities shall be responsible for the operation and maintenance of said facilities in perpetuity. 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, maintenance, and operating responsibility for any portion of the stormwater management facilities and controls.
E. 
For all land developments and other Level 3 SWM plans, the facilities, areas, or structures used as Stormwater Management BMPs shall be enumerated as permanent real estate appurtenances and recorded in the York County Recorder of Deeds Office as deed restrictions/protective covenants or easements that run with the land. The municipality reserves the right to require such covenants on those smaller (Level 2 SWP facilities) wherein the municipality deems that such action is warranted. Springettsbury Township will not require recordation of small (Level 1) SWM plans at this time, but reserves the right to do so should regulatory requirements mandate such action in the future.
F. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record (if applicable) an operation and maintenance (O&M) agreement (see Appendix A)[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 O&M plan.
(2) 
The owner shall convey to the municipality easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
(3) 
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 at the end of this chapter.
B. 
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.
C. 
The municipality is exempt from the requirement to sign and record an operation and maintenance agreement.