(A) 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 accept or reject the ownership and operating responsibility for any portion of the stormwater management facilities.
(B) 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.
(C) The O&M plan shall be recorded as a restrictive deed covenant that runs with the land. The borough itself is exempt from the requirement to sign and record an O&M agreement.
(D) The responsible party named in the stormwater maintenance agreement shall maintain in good condition and promptly repair and restore all structural and non-structural permanent stormwater BMPs and all necessary access routes and appurtenances.
(E) The borough may take enforcement actions against an owner for any failure to satisfy the provisions of this subchapter.
(1980 Code, Ch. 24, Part 6, § 601) (Ord. 1403, passed 7-18-2011, § 601)