Unless otherwise noted or if a facility is located within a municipal right-of- way, operation and maintenance of stormwater management facilities and conveyance systems is the sole responsibility of the property owner or assigns, in perpetuity.
A. The Township shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The Township 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 Township will accept the facilities. The Township 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 SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
C. The O&M Plan shall be recorded as a restrictive deed covenant that runs with the land.
D. No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the Township, with the exception of necessary maintenance activities such as mowing.
E. The Township may take enforcement actions against an owner for any failure to satisfy the provisions of this Part.
(Ord. 2022-01, 7/25/2022)