A.
Responsibility for operation and maintenance of detention
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with the owner or owners
of the property or a homeowners' association with permanent arrangements
that it shall pass to any successive owner, unless assumed by a governmental
agency. 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 maintenance, hereinafter in this section referred
to as the responsible person.
B.
Prior to granting approval to any project subject
to review under this chapter, the applicant shall enter into an agreement
with the municipality to ensure the continued operation and maintenance
of the detention facility. This agreement shall be in a form satisfactory
to the Township Attorney and may include, but may not necessarily
be limited to, personal guarantees, deed restrictions, covenants,
and bonds.
C.
An applicant seeking approval for construction of
a stormwater management facility shall provide the funds necessary
to permanently maintain the facility. The amount necessary to permanently
maintain the facility shall be calculated by the Planning Board Engineer
based upon current estimates for maintenance with an annual increase
of 4%. The Planning Board Engineer shall also assume that the investment
will yield a return equal to the ninety-day certificate of deposit
interest rate paid by the First Fidelity Bank or its successor on
the date the calculation is made.
Where required, the stormwater management facilities
shall be dedicated to the Township of Wall as a drainage utility easement
or right-of-way. Detention or retention facility dedication shall
be 15 feet from the top of bank of facilities in cut and the toe of
slope of facilities constructed in fill. Inlet and outlet piping and
maintenance access shall be contained within thirty-foot wide, minimum,
drainage utility easements. No relocation, construction or reconstruction
shall take place within the area of the easement, nor shall any structures
be located within such area, nor shall any action be taken which may
alter or impair the effectiveness of present or future drainage facilities
or cause soil erosion without prior approving authority or Township
Committee approval.
