(A) The SWM site plan for a site shall contain an operation and maintenance plan prepared by the applicant and approved by the township. The operation and maintenance plan shall describe how the permanent stormwater management facilities will be properly operated and maintained and shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the BMPs. No regulated activities shall commence until the township approves the operation and maintenance plan.
(B) The SWM site plan for the site shall set forth the ownership of the stormwater management system and its components and establish responsibilities for the continuing operating and maintenance of all proposed stormwater management facilities. Any of the following ownership arrangements may be used concerning the stormwater management system and its components.
(1) The stormwater management system may be dedicated to and maintained by the township, although the township is not obligated to accept such dedication.
(2) The stormwater management system may be owned and maintained by an appropriately established homeowner’s association or condominium association in lieu of township ownership/maintenance. The applicant must show that the association will be created in compliance with state law and will have the financial wherewithal to properly operate and maintain the system. The township may require the applicant to post an appropriate amount of financial security, as determined by the township (generally, 10% of the construction/installation costs of the system), to guarantee the proper operation and maintenance of the system by the association.
(3) If a site is to be maintained in a single ownership or if the stormwater management system is to be privately owned and maintained, then the system may be owned and maintained by the owner of the completed development. The township may require the applicant to post an appropriate amount of financial security, as determined by the township to guarantee the proper operation and maintenance of the system by this private owner.
(C) The township, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The township reserves the right anytime to accept the ownership and operating responsibility for all or part of the stormwater management system or any of its components. The right of the township to accept ownership in the future shall be stated in the operation and maintenance agreement.
(Ord. 239, passed 10-14-2020)