(A) Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (Appendix B) covering all stormwater control facilities which are to be privately owned.
(1) The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M plan.
(2) The owner shall convey to the borough conservation easements to assure access for periodic inspections by the borough and maintenance as necessary.
(3) The owner shall keep on file with the borough the name, address and telephone number of the entity responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the borough within ten days of the change.
(B) The owner is responsible for O&M of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the borough may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(1980 Code, Ch. 24, Part 6, § 602) (Ord. 1403, passed 7-18-2011, § 602)