A. 
The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:
(1) 
If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater BMPs may also be dedicated to and maintained by the municipality.
(2) 
If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
B. 
Stormwater management BMPs should be inspected by the landowner, or the owner's designee (including the Township for dedicated and owned facilities), according to the following list of minimum frequencies:
(1) 
Annually for the first five years following construction;
(2) 
Once every three years after;
(3) 
During or immediately after the cessation of a ten-year or greater storm.
C. 
The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The Township may require a dedication of such facilities as part of the requirements of the approved stormwater management plan. Such a requirement is not an indication that the Township will accept the facilities. The Township reserves the right to accept or reject ownership and operating responsibility for any portion of the stormwater management controls.
D. 
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.
E. 
Operation and maintenance (O&M) plans for stormwater management approved pursuant to 25 Pa. Code Chapter 102 after the date of this chapter shall be recorded as a restrictive deed covenant that runs with the land.
F. 
In the absence of an operation and maintenance plan or an operation and maintenance agreement, the property owner is responsible for operation and maintenance (O&M), including periodic inspections, of privately owned stormwater management BMPs.
G. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
A. 
The Township shall review the BMP operations and maintenance plan for consistency with the purposes and requirements of this chapter and any permits issued by the DEP.
B. 
The Township shall notify the applicant, in writing, whether the BMP operations and maintenance plan is approved.
C. 
The Township may require an as-built survey of all stormwater BMPs and an explanation of any discrepancies with the operations and maintenance plan.
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved BMP operations and maintenance plan, unless an exception is granted in writing by the Township.
A. 
Prior to completing construction of a stormwater management site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement covering all stormwater control facilities which are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix B of this chapter.[1]
(1) 
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M agreement.
(2) 
The owner shall convey to the Township conservation easements to assure access for periodic inspections by the Township and maintenance, as necessary.
(3) 
The owner shall keep on file with the Township the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the Township within 10 working days of the change.
[1]
Editor's Note: The appendixes are on file in the Township offices.
B. 
The owner is responsible for operation and maintenance (O&M) of the stormwater management BMPs. If the owner fails to adhere to the O&M agreement, the Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
A. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Township.
B. 
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 166-29.
A. 
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Montgomery County within 15 days of approval of the BMP operations plan by the Township:
(1) 
The operations and maintenance plan, or a summary thereof.
(2) 
Operations and maintenance agreements under § 166-29.
(3) 
Easements under § 166-30.
B. 
The Township may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
A. 
If stormwater BMPs are accepted by the Township for dedication, the Township may require persons installing stormwater BMPs to pay a specified amount to the Municipal Stormwater BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) 
If the BMP is to be owned and maintained by the Township, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Township.
(2) 
The amount shall then be converted to present worth of the annual series values.
B. 
If a BMP is proposed that also serves as a recreation facility (e.g., ballfield, lake), the municipality may adjust the amount due accordingly.