Each SWMP shall contain provisions which clearly set forth the ownership and maintenance responsibility of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities, including:
A. Description of temporary and permanent maintenance requirements.
B. Establishment of suitable easements for access to all facilities by County and Township officials.
C. Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent stormwater management and erosion control facilities. In meeting this requirement, the following priority is herein established:
(1) Maintenance by Private Entity. In cases where permanent control facilities are owned by a private entity (such as a homeowners association), such entity shall be responsible for maintenance. In this case, a legally binding agreement between the entity and the Township shall be made providing for maintenance of permanent control facilities, including the inspection by the Township of all such facilities deemed critical to the public welfare on a regular basis and after each major flood event.
(2) Maintenance by Individual Lot Owners. When stormwater manage ment facilities are located on individual lots, and when they are the responsi bility of the landowner to maintain, a description of the facility or system and the terms of the required maintenance shall be recorded with the approved subdivision plan among the deed records of York County, Pennsylvania.
D. If the Township determines at any time that any permanent stormwater management facility as provided under § 22-1005.C(1) and (2) above has been eliminated, altered, or improperly maintained, the owner of the property shall be advised of the corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner, the Township may cause the work to be done and a lien for costs may be placed against the property in accordance with the requirements of the Municipal Claims and Tax Liens Act, 55 P.S. § 7101 et seq.
(Ord. 2011-05, 3/14/2011, § 1005)