Facilities, areas, or structures used as Stormwater Management BMPs shall be enumerated as permanent real estate appurtenances and recorded as conservation easements that run with the land.
Operation and maintenance (O&M) plans for stormwater management approved pursuant to 25 Pa. Code § 102 after the date of this chapter shall be recorded as a restrictive deed covenant that runs with the land.
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
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) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
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.
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 municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.