A.
Springfield Township shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. Springfield 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 Springfield Township will
accept the facilities. Springfield Township reserves the right to
accept or reject the ownership and operating responsibility for any
portion of the stormwater management facilities.
B.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or 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. The municipality itself is exempt from the
requirement to sign and record an O&M agreement.
D.
The responsible party named in the stormwater maintenance agreement
shall maintain in good condition and promptly repair and restore all
structural and nonstructural permanent stormwater BMPs and all necessary
access routes and appurtenances.
E.
Springfield Township 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 an operation and maintenance (O&M) agreement
(Appendix B) covering all stormwater control facilities which are
to be privately owned.[1]
(1)
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M plan.
(2)
The owner shall convey to Springfield Township conservation easements
to assure access for periodic inspections by Springfield Township
and maintenance as necessary.
(3)
The owner shall keep on file with Springfield Township the name,
address, and telephone number of the entity responsible for maintenance
activities; in the event of a change, new information shall be submitted
by the owner to the municipality within 10 days of the change.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
The owner is responsible for O& M of the SWM BMPs. If the owner
fails to adhere to the O&M agreement, Springfield Township may
perform the services required and charge the owner appropriate fees.
Nonpayment of fees may result in a lien against the property.
