(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 or the entire storm water management controls.
(b) All SWM BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions.
(c) The Operation and Maintenance Plan shall be recorded as a restrictive deed covenant that runs with the land.
(d) The Municipality shall take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
(Ord. 2458. Passed 11-15-10.)