A.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
B.
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). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
C.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
D.
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. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
E.
If the party responsible for maintenance identified under Subsection C above is not a public agency, the maintenance plan and any future revisions based on Subsection G below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
F.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, 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.
G.
The party responsible for maintenance identified under Subsection C above shall perform all of the following requirements:
(1)
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;
(2)
Evaluate the effectiveness of the maintenance plan at least once
per year and adjust the plan and the deed as needed; and
I.
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 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. Nonpayment of such
bill may result in a lien on the property.
Nothing in this chapter shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
A.
In accordance with the provisions of N.J.S.A. 40:55D-53(2)(b), the
developer shall post with the municipality, upon the inspection and
issuance of final approval of the following private site improvements
by the Municipal Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, which cost shall be determined
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
B.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
C.
The maintenance guarantee shall be made payable and deposited to
Springfield Township and shall be in the form of cash, irrevocable
letter of credit, certified check, or a surety bond in which the applicant
shall be principal, the bond to be provided by an acceptable surety
company licensed to do business in the State of New Jersey. Irrevocable
letters of credit shall be accepted only pursuant to N.J.S.A. 40:55D-53.5.
Maintenance bonds shall be in the standardize format established by
the New Jersey Department of Community Affairs pursuant to the provisions
of N.J.S.A. 40:55D-53a.
