Unless otherwise noted or if a facility is located within a
Township right of way, operation and maintenance of stormwater management
facilities and conveyance systems is the sole responsibility of the
property owner or assigns, in perpetuity.
A. The Township shall make the final determination on the continuing
maintenance 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. 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.
D. No person shall modify, remove, fill, landscape, or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the Township, with the exception of necessary maintenance activities
such as mowing.
E. The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
Persons installing stormwater storage facilities shall be required
to pay a specified amount to the Township stormwater maintenance fund
to help defray costs of periodic inspections and maintenance expenses.
The amount of the deposit shall be determined as follows:
A. If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Township for a period of 10 years, as estimated by the Township
Engineer. After that period of time, inspection expenses will be assessed
by the Township on an as needed basis thereafter.
B. If the storage facility is to be owned and maintained by the Township,
the deposit shall cover the estimated costs for maintenance and inspections
for 10 years. The Township Engineer will establish the estimated costs
utilizing information submitted by the applicant.
C. The amount of the deposit to the fund shall be converted to the present
worth of the annual series values. The Township Engineer shall determine
the present worth equivalents which shall be subject to the approval
of the governing body.