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. 
SWM and conveyance facilities shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions and 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 as a restrictive deed covenant that runs with the land an operation and maintenance agreement (see Appendix A)[1] covering all stormwater control facilities which are to be privately owned.
1. 
Prior to recording, the O&M agreement shall be submitted to the municipality and Municipal Engineer for review and approval.
2. 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
3. 
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
4. 
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.
5. 
Other items may be included in the O&M agreement where determined necessary to guarantee the satisfactory operation and maintenance of all SWM BMP facilities.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
The owner is responsible for operation and maintenance 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.