Section 156.07 Continued maintenance, repair and safety.


I.  Applicability:
   
 A.  Projects subject to review as in Section 156.05 of this chapter shall comply with the requirements of this chapter.

II.  Responsibility for Continued Maintenance, Repair and Safety:

 A.  The requirements of this section do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. Responsibility for operation and maintenance of stormwater management facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the property owner, unless assumed by a governmental agency, with permanent arrangements that it shall pass to any successor or owner.  If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for inspection and maintenance, hereinafter in this section referred to as the responsible person.
   
 B.  Prior to granting approval or as a condition of final subdivision or site plan approval to any project subject to review under this ordinance, the applicant shall enter into an agreement with the Township to ensure the operation and maintenance of the stormwater management facility. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity shall be established as the responsible person, absent an agreement by a governmental agency to assume responsibility.  It shall be demonstrated to the Township that a proposed new responsible entity has the capability to complete and finance necessary maintenance.
   
 C.  In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the Township shall so notify the responsible person in writing.  Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the Township may immediately proceed to do so and shall bill the cost thereof to the responsible person.

III. Continued Maintenance and Repair Procedures:

 A.  Preventative maintenance procedures are required to maintain the intended operation and safe condition of the stormwater management facility by greatly reducing the occurrence of problems and malfunctions.  To be effective, preventative maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting and fertilizing, silt and debris removal and disposal, elimination of mosquito breeding habitats, pond maintenance and review of maintenance and inspection work to identify where the maintenance program could be more effective.
  
 B.  Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition.  Based upon the severity of the problem, corrective maintenance must be performed on an as needed or emergency basis and include such procedures as structural repairs, mosquito extermination, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair and restoration of vegetated and nonvegetated linings.

IV.  Penalties:

Any responsible person who violates any portion of this chapter shall be subject to a fine or not more than five hundred dollars ($500.00) or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case.  Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.