Section 157.10 Maintenance and Repair.

A. Applicability

1. Projects subject to review as in Subsection 157.01.C of this ordinance shall comply with the requirements of Subsections 157.10.B and 10.C.

B. General Maintenance

1.    The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2.    The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners’  association) as having the responsibility for maintenance, the plan shall include documentation of such person’ s agreement to assume this responsibility, or of the developer’ s obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

3. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.

4.    If the person responsible for maintenance identified under Subsection 10.B.2 above is not a public agency, the maintenance plan and any future revisions based on Subsection 10.B.7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

5.    Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

6.    The person responsible for maintenance identified under Subsection 10.B.2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

7.    The person responsible for maintenance identified under Subsection 10.B.2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

8.    The person responsible for maintenance identified under Subsection 10.B.2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsections 10.B.6 and 10.B.7 above.

9.    The requirements of Subsections 10.B.3 and 10.B.4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

10. 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 or repair, the municipality 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 municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.

11.  Applicable projects where construction activities disturb more than an acre of property shall be required to have posted, and maintained for the life of the account, an escrow account that will ensure the project's stormwater management measures and practices are functioning as designed.  This includes seeing that they are free of debris, trash and the like, that any eroded areas are attended to and vegetation and non-vegetation linings are restored.

The installation of these measures shall be assured via the posting of a standard Performance Guarantee as covered under Subsection 163.04.035 of the Township Code.  The escrow account shall be posted at the time of building occupancy and shall be established for a five (5) year period.  This account can be drawn upon should the owner or operator fail to comply with this Chapter.  The Township will be assured that compliance is to be attained or they will have the appropriate matters addressed either by their own forces or with a private subcontractor.  The amount of the deposit shall be at least 20% of the amount of the stormwater management portion of the project's performance guarantee or ten thousand dollars ($10,000) whichever is greater.

C. Nothing in this Chapter shall alter the requirement for the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

(Ord. 2007-27, Amended, 09/25/2007, Prior Text; 2005-09, Added, 06/26/2005)