1. 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 a 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 reject or accept the ownership and operating responsibility for any portion of the stormwater management controls.
2. Facilities, areas, or structures used as SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
3. The O&M Plan shall be recorded as a restrictive deed covenant that runs with the land.
4. The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this Article E.
(Ord. 946, 11/8/2018, §501)