Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
A. 
It is the purpose of this ordinance to establish minimum stormwater management requirements and controls:
1. 
To reduce artificially induced flood damage to public health, life, and property;
2. 
To minimize increased stormwater runoff from any new land development where such runoff will increase flood damage;
3. 
To maintain the adequacy of existing and proposed culverts and bridges, dams and other structures;
4. 
To induce water recharge where natural storage and geologically favorable conditions exist where practical;
5. 
To prevent, to the greatest extent feasible, an increase in nonpoint source pollution;
6. 
To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;
7. 
To reduce the impact of development upon downstream erosion;
8. 
To reduce erosion from any development or construction project;
9. 
To minimize the increase in pollutants in runoff due to land development, which otherwise would degrade the quality of water and may render it both unfit for human consumption and detrimental to biological life; and
10. 
To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of food, fiber and livestock for sale. For purposes of this ordinance, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
APPROVING AGENCY
The Pequannock Township Planning Board, Zoning Board of Adjustment or Township Council or other agency or board of the County of Morris or State of New Jersey when acting pursuant to this ordinance.
DETENTION BASIN
An embankment and associated space for impoundment of water or, alternatively, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily detain stormwater runoff.
DETENTION FACILITY
A detention basin or alternative structure designed to temporarily detain stormwater runoff.
FLOOD HAZARD AREAS
The floodway and flood fringe areas as determined by the Department of Environmental Protection under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359).
FLOODPLAIN
The flood hazard areas of delineated streams and areas inundated by the one-hundred-year flood in nondelineated areas. "Floodway" means the channel of a natural stream and portions of the flood hazard areas adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
FRESHWATER WETLANDS
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that the Department of Environmental Protection, in designating a wetland, shall use the three parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto.
MAJOR DEVELOPMENT
That, in addition to the definition of development in the Municipal Land Use Law, N.J.S.A. 40:55D-4, the activity must satisfy Subsection A or B below:
A. 
Any site plan or subdivision plan that will ultimately cover land with one or more acres of additional impervious surfaces;
B. 
Any construction of one or more of the following uses:
1. 
Feeding and holding areas that provide for more than 100 head of cattle or 15,000 hens, 500 swine, 4,000 turkeys, 10,000 ducks; this section shall also apply to all other equivalent numbers of animal units as determined by the SCS Agricultural Waste Management Field Manual for measuring BOD (biochemical oxygen demand) producing potential;
2. 
Pipelines, storage, or distribution systems for petroleum products or chemicals;
3. 
Storage, distribution or treatment facilities (excluding individual on-site sewage disposal systems) for liquid waste;
4. 
Solid waste storage, disposition, incineration or landfill;
5. 
Quarries, mines or borrow pits;
6. 
Land application of sludge or effluents;
7. 
Storage, distribution or treatment facilities for radioactive waste.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
RECHARGE
The replenishment of underground water reserves.
RETENTION BASIN
A retention facility designed to infiltrate retained water to the subsurface and which is not an injection well.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
TOWNSHIP APPROVAL
Approval of the Pequannock Township Planning Board, Zoning Board of Adjustment or Township Council.
TOWNSHIP BOARD
The Pequannock Township Planning Board or Zoning Board of Adjustment.
TOWNSHIP ENGINEER
A professional engineer licensed to practice in the State of New Jersey and duly appointed under the requirements of Chapter 3 of the code of the Township of Pequannock or a consulting engineer authorized by the Pequannock Township Council to act in place of or in concert with the appointed Township Engineer.
WET BASIN
A detention basin designed to retain some water on a permanent basis.
A. 
The provisions of this ordinance shall be applicable to each of the types of development named below:
1. 
All site plans and major subdivision plans, as defined by the Pequannock Township Land Development Ordinances and the Municipal Land Use Law, that propose an increase of impervious surfaces.
2. 
Any minor subdivision plans or floodplain development plans, as defined by the Pequannock Township Land Development Ordinance and the Municipal Land Use Law, that in the opinion of the Planning Board may have a negative impact on neighboring properties and the community with respect to stormwater runoff.
3. 
Any proposed construction of a residential structure or alteration of a residential structure which, in the opinion of the Construction Official, may have a negative impact on neighboring properties and the community with respect to stormwater runoff.
4. 
Any construction of one or more of the following uses:
(a) 
Confined feeding and holding areas that provide for more than 100 head of cattle, 15,000 head of poultry, 500 swine, 4,000 turkeys and 10,000 ducks; this section shall also apply to all other equivalent numbers of animal units as determined by the Soil Conservation Service Agricultural Waste Management Field Manual procedure for measuring BOD (biochemical oxygen demand) producing potential.
(b) 
Pipelines, storage, or distribution systems for petroleum products or chemicals;
(c) 
Storage, distribution or treatment facilities (excluding onsite sewage disposal systems) for liquid waste;
(d) 
Solid waste storage, disposition, incineration or landfill;
(e) 
Quarries, mines or borrow pits;
(f) 
Land application of sludge or effluents; and
(g) 
Storage, distribution or treatment facilities for radioactive wastes. Except where permitted and subject to a New Jersey Pollutant Discharge Elimination System (NJPDES) permit.
5. 
In the case of projects for which County as well as Township approval of proposed drainage facilities is required, the applicants shall be required to comply with all provisions of this ordinance. In such a case, the only provisions of this ordinance which shall govern are those requirements which are stricter than those of the County.
A. 
Burden of Proof. Whenever an applicant seeks Township approval of a development to which this ordinance is applicable from any Board of the Township, that applicant shall be required to demonstrate that his project meets the standards set forth in this ordinance.
B. 
Submission Materials Due. The applicant shall submit materials, as required by Section 10.0 hereof, to the Township Board from which he seeks Township approval prior to or at the same time he submits his application for the Township approval.
C. 
Review. The applicant's project shall be reviewed by the Township Board from which he seeks his Township approval. That Township Board shall consult with the Township Engineer to determine if the project meets the standards set forth in this ordinance.
D. 
Time for Decision. The Township Board shall promptly determine if the project meets the standards set forth in this ordinance. The time for that determination should be the time permitted to review and act on the applicant's application for a Township approval.
E. 
Variance. For good reason, the Township may grant a waiver of the standards given in Section 7.0 below. In each such case, the Township Board must make a report within 30 days to the County Planning Board, giving a full explanation of the nature of the variance, and the reasons why it was granted.
F. 
Failure to Comply. Failure of the applicant to demonstrate that the project meets the standards set forth in this ordinance is reason to deny the applicant's underlying application for Township approval.
Each proposed project not exempted from the implementation of this ordinance shall meet the following stormwater management standards.
I. 
General Standards:
A. 
Flood and erosion control;
1. 
The flood and erosion control standards for detention will require that volumes and rates be controlled so that after development the site will generate no greater peak runoff from the site than experienced prior to development, for a two-year, ten-year, and one-hundred-year storm considered individually. Consideration of a waiver or reduction of this requirement will be given by the Township Board for sites adjacent to a watercourse where a hydrologic study indicates that detention will have a detrimental effect on downstream properties.
2. 
These design storms shall be defined as either a twenty-four-hour storm using the rainfall distribution recommended by the U.S. Soil Conservation Service when using U.S. Soil Conservation Service procedures, (such as U.S. Soil Conservation Service, "Urban Hydrology for Small Watersheds", Technical Release No. 55) or as the estimated total rainfall uniformly throughout the critical storm duration (which may equal or exceed the estimated time of concentration) at the site when using a design method such as the Rational Method or Modified Rational Method.
3. 
For purposes of computing runoff, all undeveloped or unpaved lands (e.g., cultivated, pasture, wooded or grassy) in the site shall be assumed, prior to development, to be in good hydrologic condition, regardless of conditions existing at the time of computation. For lands to be considered cultivated, they shall have been used for such purposes uninterruptedly for a period of at least 7 of the last 10 years prior to the time of computation. If such uninterrupted use has not occurred or cannot be satisfactorily documented, woods shall be assume to be the predeveloped land condition of the undeveloped or unpaved lands.
4. 
Any major agricultural development as defined in the ordinance shall be submitted to the Morris County Soil Conservation District for review and comment in accordance with this ordinance and any Soil Conservation District guidelines. A Township Board may condition approval of such stormwater control measures upon a positive approval of the Morris County Soil Conservation District.
5. 
Soil erosion and sediment control shall be provided in accordance with Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee pursuant to N.J.A.C. 4:24-42 administered by the Morris County Soil Conservation District.
B. 
Water Quality Control; In order to provide sediment transport and particulate contaminant pollution control from stormwater runoff, all site development stormwater management plans must provide for the control of a water quality design storm. The water quality design storm shall be defined as either the one-year frequency, twenty-four-hour storm using the rainfall distribution recommended for New Jersey by the U.S. Soil Conservation Service or a storm of 1.25 inches of rainfall falling uniformly in two hours. The water quality design storm shall be controlled by one of the following practices:
1. 
The water quality requirement for detention will require prolonged detention of the runoff from the water quality design storm. Provisions shall be made for it to be detained and released so as to evacuate 90% of the design storm stormwater runoff to the basin in 18 hours in the case of residential development and 36 hours in the case of all other developments. The detention time shall be considered a drawdown time of the elected water quality design storm and, therefore, shall begin at the time of peak storage of that storm. Drawdown time means that the time for a detention basin to translate from a peak storage condition for the water quality design storm (maximum detention basin stage for that storm) to a time at which 90% of the volume of design storm runoff stored has evacuated through the basin. Evacuation shall be a gradual translation. If the above requirement would result in flow outlet smaller than three inches in diameter, the period of detention shall be waived so that three inches will be the minimum outlet size used. In the case of wet detention basins, the permanent storage water shall not be included in the analysis.
2. 
Where soils have sufficient permeability, the production of zero runoff from the site under conditions of the 1.25 inch water quality storm will be considered sufficient to meet the water quality requirement for residential developments, provided that the seasonal high ground water does not rise to within four feet of the bottom of the detention facility. (In this situation the detention facility is functioning as a retention facility.) However, a retention facility cannot be applied on sites where subsurface conditions allow for rapid infiltration. For other than residential developments, approvals will be on a case-by-case basis after technical review by the Township Engineer. The object of this review will be to avoid the potential for contamination of ground water. Other technology may be substituted pursuant to Section 10.5 below.
C. 
In all cases, multiple level outlets or other fully automatic outlets shall be designed so that peak discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or additional channels downstream of the development and shall be in accordance with Standards for Soil Erosion and Sediment Control administered by the Morris County Soil Conservation District.
D. 
Where the project consists of two phases (I) new construction which requires provisions of storm drainage under the terms of this ordinance and (II) repair or rehabilitation of existing structures and surfaces which does not result in increasing the extent of impervious areas or in rendering existing surfaces less pervious, the detention requirements may be computed on the basis of phase (I) exclusively.
E. 
If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the Township Engineer shall be consulted concerning design criteria. It will become necessary for detention requirements to be met, despite the necessity of passing certain low flows. This applies to all on-stream or online detention basins.
F. 
Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., and any rules adopted pursuant thereto.
G. 
Any detention facility that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above the usual mean low water height when measured from the downstream toe-of-dam to the emergency spillway crest is classified as a dam and subject to the New Jersey Dam Safety Standards, N.J.A.C. 7:20. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.
H. 
In many instances, the provision of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provision of joint regional facilities for a number of sites. In such cases, the applicant or applicants may seek approval under this ordinance of joint regional detention facilities which will fulfill the requirements of this ordinance. However, compliance with this ordinance must be achieved and may not be postponed.
II. 
Planning and Design Standards for Maintenance and Repair:
A. 
The goal for the planning and design of a stormwater management facility is for its operation with the least practical amount of maintenance. To accomplish this, the facility shall be developed to eliminate avoidable maintenance tasks, minimize the long term amount of regular maintenance, facilitate the performance of required maintenance tasks, and reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts.
B. 
Strong, durable and noncorrodible materials, components, and fasteners shall be used to reduce required maintenance efforts. These include but are not limited to lightweight noncorrodible metals such as aluminum for trash racks, orifice plates, and access hatches; hardy, disease resistant grasses for bottoms and side slopes as prescribed by Soil Erosion and Sediment Control Standards administered by the Morris County Soil Conservation District; reinforced concrete for outlet structures and inlet headwalls; and gabions for channel and outlet linings.
C. 
Detention or retention facilities shall be designed to minimize propagation of insects, particularly mosquitoes.
D. 
Detention or retention facilities should be designed in a harmonious and attractive manner.
E. 
Detention facility outlets shall be designed to function without manual, electric or mechanical controls.
III. 
Design Standards: All elements of a stormwater management facility which includes the collection system as well as the detention or retention basin, shall be designed in accordance with accepted standards and approved by the Township Engineer.
A. 
Estimation of Stormwater Runoff Quantities; The following are some of the accepted methods for the estimation of stormwater runoff quantities:
1. 
Rational Method: The Rational Method is based on the Rational Formula, Q = CIA where: Q = Peak rate of runoff or discharge in CFS C = Runoff coefficient, I = Intensity of rainfall, in inches per hour, for the time of concentration (TC) of the drainage area, A = Drainage basin area, in acres.
The rational method is acceptable for estimating stormwater runoff quantities for drainage basins up to an area of five acres. The applicant shall determine the variables such as runoff coefficient, time of concentration and rainfall intensity which shall be subject to approval of the Township Engineer. Runoff coefficients and the estimation of the time of concentration are discretionary but subject to the approval of the Township Engineer.
2. 
Modified Rational Method: The Modified Rational Method is an expansion of the rational method which utilizes the same equation and variables previously explained. This method is acceptable for estimating stormwater runoff in basins up to an area of 25 acres.
3. 
U.S.D.A. Soil Conservation Service (SCS) TR-55 Runoff Curve Number Method: This method is published by the U.S.D.A. Soil Conservation Service in Technical Release No. 55 (TR-55) which requires the determination of a Runoff Curve Number. This number designates the hydrologic soil group of the watershed which is dependent upon soil and ground cover conditions and is subject to the approval of the Township Engineer as are the other required variables such as the time of concentration. This method is recommended for drainage basins with areas from five acres to 300 acres.
B. 
Storm Drainage Collection System Design; The location and spacing of drainage inlets shall be in conformance with accepted design standards so as not to have excessive gutter flow which exceeds inlet grate capacities. Inlet locations, in conjunction with site grading and the storm drainage system shall be designed so as not to transfer surface drainage from one watershed to another without approval of the Township Engineer. Pipe design shall be based upon an accepted method such as the Manning Equation. Design variables and coefficients are subject to the approval of the Township Engineer. Drainage inlets and pipes shall be designed to carry the stormwater generated by a one-hundred-year design storm as evidenced by appropriate design calculations. For stormwater collection systems proposed within a floodplain or for other site-specific circumstances, the Township Engineer may approve a design storm of a return frequency less than 100 years. The stormwater management report must include adequate information and calculations in the form of an analysis between the one-hundred-year design storm and the requested design storm. All calculations pertaining to the design of drainage inlets and pipes must be presented in a form acceptable to the Township Engineer.
C. 
Detention/Retention Basin Design; Detention and retention basins must be designed with an appropriately sized outlet structure that will operate satisfactorily and safely in passing the two-year, ten-year and one-hundred-year design storms at a rate not to exceed that of the same design storm under a pre-developed condition. An acceptable hydraulic design method must be used to mathematically route the designed storms through the proposed basin. There are many accepted hydraulic methods for detention basin routing, one being the Storage Indication (Modified-Puls) Method. This method uses the continuity equation which may be expressed as: where; I = mean inflow into basin during routing period Wt, O = mean outflow from basin during routing period Wt, WS = change in basin storage during routing period Wt. The routing procedure is as follows:
- plot a hydrograph of pre-development conditions from which the maximum basin outflow is determined
- plot a post-development hydrograph which is to be routed through the proposed detention basin
- assume a size and shape for the first trial basin and outlet works
- compute a table and/or curve of water depth versus storage (a function of basin geometry), water depth is measured above the spillway or outflow pipe invert
- compute a table and/or curve of water depth versus outflow (stage discharge relationships are a function of the outlet structure)
- select a routing period, t, such that there are five or six points on the rising side of the inflow hydrograph, one of which coincides with the inflow peak; construct a graph of
2S
(t + 0) versus 0
S = storage volume,
t = outing period,
0 = outflow rate
-the routing procedure is now accomplished using a tabular method for the solution of the Modified-Puls equation:
- compare the maximum outflow rate with the allowable rate of discharge from the drainage area
- adjust size, shape and/or outlet structure if the maximum outflow rate is greater than the allowable
- repeat the design procedure for alternative design solutions
IV. 
Safety Measures: Safety measures are to be incorporated in the design of all stormwater control projects. These may include but not be limited to fencing, warning signs and outlet structures designed to limit public access.
V. 
Detention basins in floodplains:
A. 
There will be no detention basins in the floodway except for those on-stream.
B. 
New development must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C. 
In addition, new development, including construction of detention basins, should be avoided in floodplains, but where this is unavoidable, a special examination to determine adequacy of a proposed detention facility during extreme storm events shall be required. This examination is required to determine what effects, if any, the backwater created by the floodplain have on the outflow from and effective storage within the detention facility. All designs of basins in floodplains, therefore, should be based upon an accurate and thorough determination of backwater effects resulting from runoff from the site and the watershed contributing to the floodplain.
D. 
In cases where detention basins, other than on-stream basins, are to be built in floodplains and in default of an analysis such as described above, detention storage provided below the elevation of the one-hundred-year flood (either specially calculated or taken from an official State floodplain delineation map) will be credited as effective storage at a reduced proportion as indicated in the table below:
Table 1
Allowable proportion of storage to be assumed usable in detention basins in the floodplain
Less than 5 Square Miles
5 to 100 Square Miles
Over 100 Square Miles
< 2 feet
40%
65%
90%
2 to 4 feet
25%
50%
75%
> 4 feet
10%
25%
50%
NOTE: Elevation of storage provided below one-hundred-year flood level.
E. 
This effective detention storage plus any other supplementary measures will be required to provide for stormwater detention, in accordance with established standards.
VI. 
Alternatives to Detention Basins:
A. 
It is not necessary that basic requirements for water quantity and quality control be satisfied by means of detention basins. A combination of measures including, but not limited to, rooftop storage, tanks, dry wells, or sheet flow through vegetated areas may be used for the purpose, with consideration for the appropriateness of the facility, anticipated length of life, feasibility of continued maintenance, and environmental impacts (e.g., contamination of ground water).
B. 
Non-structural management practices including, but not limited to, cluster land use development, open space acquisition, stream encroachment and flood hazard controls, protection of wetlands, steep slopes and vegetation, should be coordinated with detention requirements. Changes in land use can often reduce the appropriate changes in runoff coefficients.
I. 
Submission of Site Development Stormwater Plan:
A. 
Whenever an applicant seeks Township approval of a development subject to this ordinance, the applicant shall submit all the required components of the Checklist for the Site Development Stormwater Plan as part of the submission of the application for subdivision or site plan approval.
B. 
The applicant shall demonstrate that the project meets the standards set forth in this ordinance.
C. 
The applicant shall submit copies of the materials listed in the checklist for site development stormwater plans in accordance with Section 8.3 of this ordinance.
II. 
Site Development Stormwater Plan Approval: The applicant's Site Development project shall be reviewed as a part of the subdivision or site plan review process by the Township Board from which municipal approval is sought. That Township Board shall consult the Township Engineer or engineer retained by the Planning and/or Zoning Board of Adjustment (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.
III. 
Checklist requirements. The following information shall be required:
A. 
Drainage area map. A drainage area map which delineates the entire tributary drainage area to the site proposed for development shall be submitted. The map shall be drawn to a scale of one inch equals 200 feet, or as approved by the Township Engineer showing two-foot contour intervals. The map shall indicate the following: watercourses, existing stormwater conveyance systems and detention facilities, wetlands, roads, structures and significant natural or man-made features.
B. 
Environmental Site Analysis. A written and graphic description of the natural and man-made features of a site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development. This description shall be included in the environmental impact statement required for site plans and subdivisions.
C. 
Detailed Design Plans. Detailed site plans, subdivision plans or plot plans, as the case may be, shall be submitted which include the following:
1. 
Existing Conditions Plans should indicate all existing roads, paved areas, structures, watercourses and stormwater collection systems, land contours at two-foot intervals, and wetlands.
2. 
Proposed Improvements All proposed improvements shall be indicated on the plans in sufficient detail for review by the Township Engineer and shall include road profiles and/or parking lot grading, contours at two-foot intervals, stormwater collection and detention/retention facilities, wetlands buffer and mitigation areas, and soil erosion and sediment control measures and construction sequence schedule.
D. 
Calculations.
1. 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section 7.0 of this ordinance.
2. 
When the proposed stormwater management control measures (e.g., retention basins) depend upon the hydrologic properties of soils, then a soil report shall be submitted. The soils report shall be based on onsite borings or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.
E. 
Maintenance and Repair Plan.
1. 
The design and planning of the stormwater management facility shall meet the objectives of Section 156.07.
2. 
Preventative, corrective and aesthetic functional maintenance procedures shall be detailed which ensure the continuation of the intended function of the facility.
3. 
Maintenance and repair plans for stormwater management facilities shall identify the parts or components of the facility that need to be maintained, and when repairs are required the equipment and skills or training necessary. Plans for stormwater management facilities shall detail the accessibility of maintenance personnel and equipment. Costs and sources of funds shall be identified when possible.
4. 
A schedule shall be developed of when and how often maintenance will occur to maintain proper function of the stormwater management facility. To reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts the schedule of maintenance activities shall include inspections to ensure proper performance of the facility between scheduled cleanouts.
5. 
Where a stormwater management facility is used for sediment control during construction, a debris and sediment disposal site shall be confirmed before the facility is constructed. The disposal site may or may not be at the site of the proposed development. The responsible party shall demonstrate that he or she is capable of financing the removal and disposal of debris and sediment before the facility is operating. Disposal site(s) shall be included in the Soil Erosion and Sediment Control Plan and certified by the Morris County Soil Conservation District.
6. 
Provisions for periodic review and evaluations to determine the overall effectiveness of the maintenance program and the need for revised or additional maintenance procedures, personnel, and equipment shall be included in the facilities maintenance and repair plan.
F. 
Waiver from Submission Requirements. The Township Official or Board reviewing an application under this ordinance may, in consultation with the engineer, waive submission of any of the requirements this chapter when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
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 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 $500 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.