Nonresidential subdivisions, commercial and/or industrial developments. All storm drainage facilities constructed and/or located within nonresidential subdivisions or associated with commercial and/or industrial developments shall not be dedicated to the Township. The repair, construction and/or maintenance of such facilities shall remain the responsibility of the developer and all subsequent owners of the subject property. All proposed drainage facilities shall, however, meet all standards of this chapter and shall be subject to the review and approval of the Planning Board, the Board of Adjustment or the Township Engineer, as the case may be. Notwithstanding this provision, the developer shall grant to the Township an easement permitting the Township to enter upon the subject property to repair, reconstruct and/or maintain such private drainage facilities in the event of a default by the developer or any subsequent owner to so repair, reconstruct and/or maintain said drainage facilities. Said easement shall provide that the Township shall have the right but not the obligation to enter onto the subject property to perform all acts necessary to repair, reconstruct and/or maintain such facilities. Said easement shall further provide that in such an event the Township shall assess the developer or the subsequent owner a sum equal to 120% of the actual costs incurred by the Township relating to the repair, reconstruction and/or maintenance of said facilities and reasonable attorney fees and court costs. The rights of the Township shall be enforceable in a court of competent jurisdiction. The form of said easement shall be reviewed and approved by the Attorney for the Planning Board, Board of Adjustment and by the Township Engineer or his designee. Upon approval, said easement shall be recorded by the developer with the Ocean County Clerk prior to the signing of the approved site plan or issuance of a building permit, as the case may be.