A. 
Richland Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The municipality 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 municipality will accept the facilities. The municipality 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 stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
C. 
The operation and maintenance plan shall be recorded as a restrictive deed covenant that runs with the land.
D. 
The municipality 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 (see Appendix A[1]) covering all stormwater control facilities which are to be privately owned.
(1) 
The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M agreement.
(2) 
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
(3) 
The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the municipality within 10 working days of the change.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the operation and maintenance 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. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by Richland Township.
B. 
Stormwater management easements shall be provided by the applicant or property owner if necessary for access for inspections and maintenance or the preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 210-25.
C. 
When the stormwater management basin is to be taken over by Richland Township, the property it is situated on and a 20 feet wide access is to be provided fee simple to Richland Township.