A.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
B.
Stormwater facilities shall be constantly maintained by the owner
or association to assure continual functioning of the system at design
capacity and to prevent the health hazards associated with debris
buildup and stagnant water. Maintenance responsibilities, inspection
schedules and tasks will be clearly shown in the proposed plan. In
no case shall water be allowed to remain in any facility long enough
to trigger a mosquito breeding disease or cause any other type of
health problem. The maintenance plan must include inspection routines
to reduce the potential for extensive, difficult, and costly remedial
or emergency maintenance efforts, including inspection checklists.
Inspection checklists may address such items as:
(1)
Obstruction of inlet devices by trash and debris;
(2)
Evidence of erosion, sedimentation or instability;
(3)
Malfunctioning of valves, gates, locks, access hatches or equipment;
(4)
Deteriorated conduit outlet or seepage around outlet;
(5)
Cracks or other deterioration of inlets, outlets, pipes, and conduits;
(6)
Inadequate draining, clearing or clogging of control devices;
(7)
Trimming, cutting or mowing of vegetation as required;
(8)
Erosion and debris in emergency spillways and/or filter strips;
(9)
Deterioration of downstream channels/conduits;
(10)
Invasive or noxious weeds out of character with those specified;
(11)
Saturated conditions or standing water;
(12)
Animal burrowing; and
(13)
Vandalism or other nonspecified occurrences.
C.
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.
D.
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.
E.
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.
F.
If the party responsible for maintenance identified under § 296-33D above is not a public agency, the maintenance plan and any future revisions based on § 296-33H below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
G.
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.
H.
The party responsible for maintenance identified under § 296-33D 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;
(4)
Make annual submissions to the municipality, no later than January
31, containing excerpts of the detailed log of all preventative and
corrective maintenance that was performed for the calendar year that
just ended for all structural stormwater measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders.
I.
The requirements of § 296-33D and E do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. (https://www.njstormwater.org/maintenance_guidance.htm).
J.
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 article 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.
