A.
The municipality 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 the ownership and operating responsibility for any of or the
entire stormwater management controls.
B.
Structural SWM BMPs shall be enumerated as permanent
real estate appurtenances and recorded as deed restrictions.
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.
