(a) The Municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan. The Municipality 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 Municipality will accept the facilities. The Municipality reserves the right to accept or reject the ownership, maintenance, and operating responsibility for any portion of the stormwater management facilities and controls.
(b) Facilities, areas, or structures used as Stormwater Management BMPs shall be enumerated as permanent real estate appurtenances and recorded in the York County Recorder of Deeds Office as deed restrictions/protective covenants or easements that run with the land.
(c) The Operation and Maintenance (O&M) Plan shall be recorded as a restrictive deed covenant that runs with the land.
(d) The Municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this Article.
(e) No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Municipality, with the exception of necessary maintenance activities such as mowing.
(Ord. 32-2011. Passed 10-4-11.)