A. 
The SWM site plan and report shall describe the future operation and maintenance responsibilities. The description shall outline required inspection and maintenance schedules, detail inspection and maintenance actions required for each BMP and stormwater management facility, and identify the entity who will carry out inspections and maintenance.
B. 
Maintenance responsibilities shall be consistent with the following principles:
(1) 
Stormwater management facilities shall be maintained as necessary to ensure the facilities remain structurally sound, resistant to accelerated erosion, and serve their intended purposes of conveyance, volume control, rate control, and/or water quality control.
(2) 
To the greatest extent possible, stormwater management facilities shall be privately owned and maintained.
(3) 
Stormwater management facilities within the right-of-way of streets to be dedicated to the municipality shall be dedicated to the municipality to own and maintain. In the absence of written agreement by the municipality to the contrary, the municipality shall neither own nor maintain stormwater management facilities outside the street right-of-way.
(4) 
Stormwater management facilities and the easements in which they are contained shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.
C. 
The municipality, in consultation with the Municipal Engineer and Municipal Solicitor, shall make the final determination of the continuing maintenance responsibilities prior to final approval of the SWM site plan and report. The municipality may require a dedication of certain stormwater management facilities as a condition of approval of the SWM site plan and report. 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 facilities.
D. 
If the municipality accepts ownership of stormwater BMPs, the municipality may, at its discretion, require a fee from the applicant to the municipality to offset the future cost of inspections, operations, and maintenance. The amount of such fees, if any, shall be determined by the municipality in consultation with the Municipal Engineer.
E. 
It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM site plan and report, or to allow a property to remain in a condition which does not conform to an approved SWM site plan and report, unless an alternative SWM site plan and report has been submitted and approved by the municipality.
F. 
Each stormwater management facility constructed prior to the effective date of this chapter shall continue to be operated and maintained in accordance with the approved schedule for inspection and maintenance for that facility. Whether or not such schedule exists, the property owner shall operate and maintain such facilities as necessary to ensure the facility remains structurally sound, resistant to accelerated erosion, and serves its intended purposes of conveyance, volume control, rate control, and/or water quality control.
A. 
For stormwater management facilities that are to be owned and maintained by an entity other than the municipality, prior to final approval of the SWM site plan and report, the landowner shall execute an operation and maintenance agreement (O&M agreement) to provide for their future operation and maintenance in accordance with the provisions of this chapter. The O&M agreement shall be substantially of the form provided in Appendix A.[1] The O&M Agreement shall be recorded with the SWM site plan and made a part thereof.
[1]
Editor's Note: Appendix A is on file in the Township offices.
B. 
The O&M agreement shall be subject to the review and approval of the municipality in consultation with the Municipal Solicitor and Municipal Engineer, as required.
C. 
If the landowner fails to adhere to the O&M agreement or otherwise fails to properly operate and maintain privately owned stormwater management facilities, the municipality may perform the maintenance required and charge the landowner appropriate fees and take other action as appropriate to enforce the O&M agreement. Nonpayment of fees may result in a lien against the property.
D. 
The owner of the property containing the stormwater management facilities will be accountable to the municipality for operation and maintenance of the facilities, regardless of whether the owner has a separate agreement with another entity for operation and maintenance.