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 shown on the stormwater management plan. The stormwater management plan shall be recorded with the subdivision plan.
C. 
The operation and maintenance plan shall be placed on record with the municipality, and noted on the deed 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.
The owner is responsible for operation and maintenance of the SWM BMPs. An operation and maintenance agreement of similar format to the sample agreement included in Appendix A[1] shall be executed and presented to the municipality for approval and execution. Upon approval and execution by the municipality, the agreement shall be recorded with the county recorder of deeds. Said agreement shall become a binding contract which will run with the land. If the owner fails to adhere to the operation and maintenance agreement, the municipality may perform the services required in accordance with the operation and maintenance agreement, and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
[1]
Editor's Note: Appendix A is included at the end of this chapter.