[Ord. No. 2001-2]
As used in this chapter, the following terms shall have the
meanings indicated:
Those components of a stormwater management facility which
regulate the outflow of stormwater from the stormwater management
facility, which components may include but shall not be limited to
piping, headwalls, riprap aprons, emergency spillways, and trash racks.
Any owner of the lot, site and/or lands upon which the stormwater
management facility is located, including, but not limited to a homeowners'
association, fee simple owner or otherwise.
Such routine maintenance of the stormwater management facility,
including but not limited to the mowing of vegetation and removal
and disposal of accumulated particulate material and-debris.
Any impoundment basin, detention basin, detention pool, retention
basin or alternative structure designed to temporarily retain stormwater
runoff as otherwise defined by N.J.A.C. 7:8-1.2 contained within a
residential development or a residential lot.
[Ord. No. 2001-2]
The Township of Greenwich, upon dedication of improvements contained on a subdivision plat or site plan, shall maintain, repair or replace as needed, those fixtures as defined in § 23-1 of this chapter, and shall make such repairs as needed to remediate sinkholes which may develop in the stormwater management facility.
[Ord. No. 2001-2]
The owner of the lot, site and/or lands upon which the stormwater management facility is located shall be responsible for all routine maintenance of such facility as defined in § 23-1, of this chapter. The owner shall also immediately notify the Clerk of the Township of Greenwich of any necessary repairs, replacements or sinkhole remediation within the stormwater management facility which come to the attention of the owner.
[Ord. No. 2001-2]
Any applicant for minor or major subdivision of lands or for
final minor or major site plan approval for residential use shall
enter into an agreement with the Township of Greenwich for the routine
maintenance of each stormwater management facility. Such agreement
shall be in a form satisfactory to the Township Attorney and shall
include but not be limited to a maintenance agreement, personal guarantee,
deed restrictions, the grant of an access easement to the Township
of Greenwich, covenants and bonds or performance guarantees in accordance
with the requirements of N.J.A.C. 5:21-7.5.
[Ord. No. 2001-2]
In the event the Township of Greenwich must perform any maintenance on the stormwater management facility which constitutes routine maintenance as defined in § 23-1 of this chapter, the Clerk of the Township of Greenwich shall notify the owner of the property that an assessment in the amount of the cost of such maintenance is pending against the lot, site and/or lands upon which the stormwater management facility is located. The notice shall state the date, time and place fixed for confirmation of the assessment by the Greenwich Township Committee. The Greenwich Township Committee shall confirm the assessment, if properly made, and direct the officer charged with the collection of assessments to record the same in the book in which other assessments of the Township are recorded. In the event the owner constitutes an association, the secretary or other officer of the association shall be notified and the assessment shall be recorded against all properties which are encumbered by the association, the amount of which assessment shall be proportionate to the number of lots encumbered by the association.
[Ord. No. 2001-2]
The provisions of this chapter, except for § 23-4, shall apply to all residential stormwater management facilities within the Township of Greenwich constructed both prior to and after the enactment of this chapter.
