A.
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.
B.
O&M plans for stormwater management approved pursuant to 25 Pa. Code Ch. 102 after the date of this chapter shall be recorded as a restrictive deed covenant that runs with the land.
C.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this chapter.
A.
Prior to completing construction of an SWM site plan, the property
owner shall sign and record 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 operate and maintain all facilities
in accordance with the approved schedule(s) in the O&M plan.
(2)
The owner shall convey to the municipality conservation 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 operation
and 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 as an attachment
to 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.
