A. 
The Township shall make the final determination on the continuing maintenance and inspection responsibilities prior to final approval of the SWM site plan. The Township 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 Township will accept the facilities. The Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
B. 
Notice of facilities, areas or structures used as stormwater management BMPs shall be enumerated in any recorded documents associated with land development. For subdivision plans, the recorded subdivision plan shall include prominent language identifying the stormwater facilities and shall include a prohibition that future landowners may not alter such facilities and that such facilities must be maintained in a manner consistent with the original design. In addition, deeds conveying parcels out of a subdivision plan affected by this chapter shall include restrictions which prohibit the alteration of required stormwater facilities and a requirement that the facilities must be maintained in a manner consistent with the original design. In the case of land development plans, said plans shall also prominently state that stormwater facilities required hereunder shall not be altered by subsequent owners and must be maintained by future owners consistent with the original design.
C. 
The operation and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
The owner of all facilities, areas, or structures used as stormwater management BMPs shall be responsible for the proper operation and maintenance in accordance with the approved/recorded plan. Should an owner fail to properly maintain such facilities, areas or structures, the Township may perform the services necessary in order to maintain the proper functioning and operation of the stormwater management BMP and, thereafter, charge to the owner appropriate fees and/or place a lien against the property until such fees are collected and paid by the owner.