[HISTORY: Adopted by the Township Council of the Township of Old
Bridge as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2006 by Ord. No. 15-2006]
This article establishes municipal regulations governing the maintenance
and upkeep of retention, detention and recharge basins in the Township of
Old Bridge.
As used in this article, the following terms shall have the meanings
indicated:
A man-made or natural water collection facility designed to collect
surface water and subsurface water in order to impede its flow and to release
the same gradually into natural or man-made outlets at a controlled rate consistent
with sound downstream stormwater management practices.
Any owner of record, including any person, group of persons, firm,
association, homeowner's association or corporation owning property containing
a retention, detention, or recharge basin located within the Township of Old
Bridge.
A basin used to recharge surface and subsurface water.
Any person, group of persons, firm, association, homeowner's
association or corporation that receives a benefit from a retention, detention
or recharge basin located within the Township of Old Bridge.
A pond, pool or basin used for the permanent storage of water.
A.
It shall be unlawful for any owner or responsible party
to permit any debris, grass or weeds or other vegetation whatsoever to grow
higher than 10 inches from the ground in, on or around any retention, detention
or recharge basin on property owned or benefited by such person, group of
persons, firm, association, homeowner's association or corporation within
the Township of Old Bridge.
B.
This section does not apply to mature trees or detention
or recharge basins which are designed to grow into natural wetlands.
When the Township of Old Bridge is required for health and safety reasons
under this article to mow or remove debris from a detention, retention or
recharge basin on private property, or when the Township of Old Bridge is
requested by the owner or responsible party to mow or remove debris from a
detention or retention basin on private property in the Township, the following
cost shall be assessed as a lien on the property:
In case such owner or responsible party shall fail to keep such basin
cut to the height above-mentioned and free of debris, the Township Engineer
or his designee shall serve a notice on such owner or responsible party ordering
the same be done within 10 days from the date of such notice.
A.
Should the owner or responsible party receiving any such
notice refuse or neglect to cut the grass, weeds or remove the debris from
the retention or detention basin within the time provided above, the Township
Engineer or his designee may provide for the cutting or debris removal from
the basin by and under his direction. In such case, the Township Engineer
certifies the cost thereof to be charged against the lands, which shall become
a lien upon such lands, added to and becoming part of the taxes next to be
assessed and levied upon such lands and shall bear interest at the same rate
as other taxes and shall be collected and enforced in the same manner as taxes.
B.
If the basin is located on property not owned by an owner
of record as defined herein, then said costs shall be charged on a pro rata
basis against all responsible parties who benefit from the basin and its use
and shall become a lien on the property or properties of the owner(s) so benefited
in the manner noted above.
The Township Engineer or his designee shall periodically inspect the
basins within the Township of Old Bridge to determine continuing compliance
with this article.
Any owner or responsible party violating any of the provisions of this
article shall be guilty of maintaining a nuisance and, upon conviction thereof
before any court of competent jurisdiction, shall be fined no less than $100
nor more than $500 and costs. Each day that such nuisance is maintained shall
constitute a separate offense.
