Where individual on-lot stormwater management facilities are proposed,
the subdivision and/or land development plan shall contain a note
in a form satisfactory to the Municipal Solicitor designating the
entity responsible for operation and maintenance of the on-lot facilities
consistent with an approved operation and maintenance plan and, in
the event that the responsible person or entity fails to do so, granting
to the Township the right but not the duty to enter upon the premises
to repair or restore said facilities, to charge and assess the costs
thereof to the owner, including a reasonable allowance for overhead,
and to enforce said charges and assessments by lien upon the property.
In addition, the deed for each lot shall contain a perpetual covenant
binding the grantee and all successors in interest designating the
responsibility for operation and maintenance of the on-lot facilities
in the following form:
Under and subject, nevertheless, to the following conditions
and restrictions: Prior to any earth disturbance for which stormwater
management facilities are required by the Township, grantee shall
construct the permanent stormwater management facilities as shown
on the stormwater management plan (the "plan") prepared by <NAME>,
P.E., dated <DATE> and last revised <DATE> and approved by the
Township; thereafter, the grantee, his heirs, executors, administrators,
successors and assigns ("owner"), at his sole cost and expense, shall
operate, maintain and repair said stormwater management facilities
on the lot in accordance with said plan, so that the facilities shall
at all times continue to operate and function in the same manner and
capacity as they were designed. In the event of the failure of the
owner to comply with these conditions and restrictions, the Township
may have said stormwater management facilities repaired or restored
as required, and the costs thereof plus a reasonable allowance for
overhead shall be assessed to the owner; said assessment shall be
a charge and a continuing lien upon the property herein. The Township,
before it may exercise this right, shall notify the owner by certified
mail of its intention to take the aforesaid action. The notice shall
set forth in what manner the owner has neglected the operation and
maintenance of or repair to the stormwater management facilities,
and if the owner fails, within a period of 90 calendar days, to correct
or repair the items listed in the notice from the Township, then and
only then, may the Township exercise this right.