A.
Where regulated activities are approved in conjunction with a land
development plan, including subdivisions, the Board of Supervisors
may require the recordation of easements or covenants that provide
for and include but are not limited to the following:
(1)
Permitting access to the Township for maintenance.
(2)
Restricting obstructions to proper water drainage.
(3)
Requiring maintenance of BMPs constructed and providing for routine
maintenance through a homeowners' association or individual lot owner.
(4)
Inclusion of the Township as a party to the enforcement of covenants
as such relate to the maintenance of approved BMPs and stormwater
management facilities.
B.
The Board of Supervisors may require the preceding as a guarantee
of maintenance where the Board deems one or more of the following
to be a public concern:
(1)
Actual notice to the property owner through recorded instruments
is essential where the form of the BMP is not immediately apparent
as a stormwater facility.
(2)
Failure to maintain a stream channel or stormwater facility or BMP
may result in immediate public harm.
(3)
Continued maintenance of facilities relies heavily on a common private
entity such as a homeowners' or condominium association.
C.
Instruments shall be prepared in a form acceptable to the Township
Solicitor and may take the form of one or more of the following in
consideration of the foregoing concerns:
