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City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
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A. 
The City shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The City 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 City will accept the facilities. The City reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls. If the facility is rejected by the City, provisions shall be made to identify the legal owner.
B. 
Three options exist for perpetual ownership and responsibility of stormwater management facilities:
(1) 
The developer retains ownership;
(2) 
A homeowners' association assumes ownership and responsibility;
(3) 
The facility is dedicated to, and accepted by, the City.
C. 
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.
D. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
E. 
The City may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
The owner is responsible for O&M of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the City may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
[Added 8-17-2022 by Ord. No. 10-2022]
For stormwater management 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 stormwater management site plan and this chapter in accordance with the provisions of Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code and any applicable provisions of Chapter 430. This guarantee shall be in the amount and form as determined by the City Solicitor.