§ 23-1003  MAINTENANCE AGREEMENT FOR PRIVATELY OWNED STORMWATER FACILITIES.
   1.   Prior to final approval of the SWM site plan and report, the applicant shall sign the operation and maintenance (O&M) agreement (Appendix 23-A) covering all stormwater control facilities that are to be privately owned. The operation and maintenance (O&M) agreement shall be retained by the township.
   2.   Other items may be included in the operation and maintenance (O&M) agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities. The operation and maintenance (O&M) agreement shall be subject to the review and approval of the township and the Township Solicitor.
      A.   Where O&M agreement requires Township Solicitor review, developer shall reimburse the township for those costs.
   3.   The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the Operation and Maintenance (O&M) agreement, the township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(Ord. 2011-04-11, passed 4-11-2011)