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 and operating responsibility for any portion of the stormwater management controls.
B. 
Facilities, areas, or structures used as stormwater management 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.
D. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
A. 
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A[1]) 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 municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
(3) 
The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the municipality within 10 working days of the change.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Township Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(1) 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Township for a period of 10 years, as estimated by the Township Engineer. After that period of time, inspections will be performed at the expense of the Township.
(2) 
If the storage facility is to be owned and maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Township Engineer will establish the estimated costs utilizing information submitted by the applicant.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Township Engineer shall determine the present worth equivalents which shall be subject to the approval of the Township.
B. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the Township may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purposes.
C. 
If in the future, a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be forfeited to the Township.