A. 
Foster Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. Foster 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 Foster Township will accept the facilities. Foster Township reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls. If the facility is rejected by Foster Township, provisions shall be made to identify the legal owner.
B. 
Three options exist for perpetual ownership and responsibility of stormwater management facilities associated with an SWM site plan:
(1) 
The developer retains ownership;
(2) 
A homeowners' association assumes ownership and responsibility;
(3) 
The facility is dedicated to, and accepted by, Foster Township.
C. 
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.
D. 
The O&M plan shall be recorded as a restrictive deed covenant that runs with the land.
E. 
Foster Township may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
F. 
It is the responsibility of the landowner to inspect and maintain all stormwater management BMPs that are not associated with an SWM site plan (Level 1 to Level 3 applications).
The owner is responsible for O&M of the SWM BMPs. If the owner fails to adhere to the O&M agreement, Foster Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.