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 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, maintenance, and operating responsibility for any portion(s) of the stormwater management facilities and controls.
Facilities, areas, or structures included in the SWM site plan and 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, as may be required by the Borough.
The operation and maintenance (O&M) plan shall be recorded as a restrictive deed covenant that runs with the land.
The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Borough, with the exception of necessary maintenance activities such as mowing.
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan.
The owner shall convey to the Borough easements to assure access for periodic inspections by the Borough and maintenance, as necessary.
The owner shall keep on file with the Borough 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 Borough within 10 working days of the change.
Editor's Note: Appendix A is included as an attachment to this chapter.
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 Borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
The Borough is exempt from the requirement to sign and record an operation and maintenance agreement.
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 in accordance with the provisions of §§ 509, 510, and 511 of the Pennsylvania Municipalities Planning Code.
For SWM site plans that involve the dedication of all or some of the required improvements following completion, the Borough may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the SWM site plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 339-30 with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements in accordance with the provisions of § 509 of the Pennsylvania Municipalities Planning Code.
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections expenses will be assessed by Borough on an as needed basis thereafter.
If the storage facility is to be owned and maintained by Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents which shall be subject to the approval of the governing body.
The general formula for calculating the annual inspection fee shall be as follows:
ITi x IR x Ni = ICi.
ICi + ICii + . . . = Ic.
0.25 (IC) = AC.
IC + AC = Annual inspection cost.