A. 
For subdivisions and land developments, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management facilities as required by the approved SWM site plan. The amount of the guarantee shall be equal to or greater than the full construction cost of the required controls.
B. 
For other regulated activities, the municipality may require a financial guarantee from the applicant.
A. 
The owner of any land upon which stormwater facilities and BMPs will be placed, constructed, or implemented, as described in an O&M Plan, shall record the following documents in the Office of the Recorder of Deeds for Montgomery County, within 90 days of approval of the O&M Plan by the municipality:
(1) 
The O&M Plan, or a summary thereof;
(2) 
O&M Agreements under § 291-704; and
(3) 
Easements under § 291-705.
B. 
The municipality may suspend or revoke any approvals granted for the project site upon discovery of failure on the part of the owner to comply with this chapter.
C. 
The following items shall be included in the O&M Plan:
(1) 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Montgomery County, shall be submitted on twenty-four-inch-by-thirty-six-inch sheets. The contents of the map(s) shall include, but not be limited to:
(a) 
Clear identification of the location and nature of stormwater controls and BMPs;
(b) 
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
(c) 
Existing and final contours at intervals of two feet, or others as appropriate;
(d) 
Existing streams, lakes, ponds, or other bodies of water within the project site area;
(e) 
Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
(f) 
The locations of existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;
(g) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
(h) 
Proposed final structures, roads, paved areas, and buildings; and
(i) 
At the discretion of the municipality, a fifteen-foot-wide access easement around all stormwater controls and BMPs that would provide ingress to and egress from a public right-of-way.
(2) 
A description of how each stormwater facility and BMP will be operated and maintained, and the identity and contact information associated with the person(s) responsible for operations and maintenance;
(3) 
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and
(4) 
A statement, signed by the landowner, acknowledging that the stormwater facilities and BMPs are fixtures that cannot be altered or removed without prior approval by the municipality.
D. 
The O&M Plan for the project site shall establish responsibilities for the continuing O&M of all stormwater facilities and BMPs, as follows:
(1) 
If a plan includes structures or lots that are to be separately owned and in which streets, sewers, and other public improvements are to be dedicated to the municipality, associated stormwater controls and BMPs also may be dedicated to and maintained by the municipality;
(2) 
If a plan includes operation and maintenance by a single ownership or if sewers and other public improvements are to be privately owned and maintained, the O&M of stormwater controls and BMPs, and inspections required by permits, shall be the responsibility of the owner.
E. 
The municipality will make the final determination on the continuing operation and maintenance responsibilities prior to final approval of the stormwater management site plan. The municipality reserves the right to accept or reject the O&M responsibility for any or all portions of the stormwater controls and BMPs.
F. 
The O&M Plan shall be recorded as a restrictive deed covenant that runs with the land.
G. 
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article and this chapter.
A. 
O&M plans shall be consistent with the requirements of this chapter.
B. 
The municipality will notify applicants in writing whether or not O&M plans are approved.
C. 
The municipality's approval letter will indicate whether or not record drawings of all stormwater controls and BMPs are required, including a final as-built O&M Plan.
A. 
The owner shall sign an O&M agreement with the municipality covering all stormwater facilities and BMPs that are to be privately owned. The O&M agreement shall be transferred with transfer of ownership.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all stormwater facilities and BMPs. The O&M agreement shall be subject to the review and approval of the municipality.
C. 
The owner is responsible for 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. 
The owner must obtain all necessary real estate rights to install, operate, and maintain all stormwater facilities in the SWM site plan and the O&M plan.
B. 
The owner must provide the municipal easements, or other appropriate real estate rights, to perform inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention area.