A.
The design engineer shall prepare an inspection, maintenance and repair plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the checklist requirements established in § 330-8. Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.
B.
The inspection, maintenance and repair plan shall contain the following:
(1)
Accurate and comprehensive drawings of the site's stormwater management
measures;
(2)
Specific locations of each stormwater management measure identified
by means of longitude and latitude as well as block and lot number;
(3)
Specific preventative and corrective maintenance tasks and schedules
for such tasks for each stormwater BMP;
(4)
Cost estimates, including estimated cost of sediment, debris or trash
removal; and
(5)
The name, address and telephone number of the person or persons responsible
for regular inspections and preventative and corrective maintenance
(including repair and replacement). If the responsible person or persons
is a corporation, company, partnership, firm, association, municipality
or political subdivision of this state, the name and telephone number
of an appropriate contact person shall also be included.
C.
The person responsible for inspection, maintenance and repair identified under § 330-24B above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the inspection, maintenance and repair plan. Said records and inspection reports shall be retained for a minimum of five years.
D.
If the inspection, maintenance and repair plan identifies a person
other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for inspection and maintenance,
the plan shall include documentation of such person's agreement to
assume this responsibility, or of the developer's obligation to dedicate
a stormwater management measure to such person under an applicable
ordinance or regulation.
E.
If the person responsible for inspection, maintenance and repair identified under § 330-24C above is not a public agency, the maintenance plan and any future revisions based on § 330-24F below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.
F.
The person responsible for inspection, maintenance and repair identified under § 330-24B above shall evaluate the effectiveness of the inspection, maintenance and repair plan at least once per year and update the plan and the deed as needed.
H.
The person responsible for inspection, maintenance and repair identified under § 330-24B above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site the inspection, maintenance and repair plan and the documentation required by § 330-24B and C above.
Responsibility for inspection, repair and 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.
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including,
but not limited to, repairs or replacement to any associated appurtenance
of the measure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; repair or replacement of linings; and restoration
of infiltration function.
Stormwater management measure easements shall be provided by
the property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement.
In the event that the stormwater management measure becomes
a public health nuisance or danger to public safety or public health,
or if it is in need of maintenance or repair, the City 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 City's designated
engineer or designee. The City, at 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 within the allowable time, the City may immediately proceed
to do so with its own forces and equipment and/or through contractors.
The costs and expenses of such maintenance and repair by the City
shall be entered on the tax roll as a special charge against the property
and collected with any other taxes levied thereon for the year in
which the maintenance and repair was performed.
A.
If a stormwater infiltration BMP is incorporated into the design
of a major development, the applicant shall include the following
requirements in its inspection, maintenance and repair plan:
(1)
Once per month (if needed): mow side slopes, remove litter and debris,
stabilize eroded banks, repair erosion at inflow structure(s);
(2)
After every storm exceeding one inch of rainfall: ensure that infiltration
BMPs drain completely within 72 hours after the storm event. If stored
water fails to infiltrate 72 hours after the end of the storm, corrective
measures shall be taken. Raking or tilling by light equipment can
assist in maintaining infiltration capacity and break up clogged surfaces;
(3)
Four times per year (quarterly): inspect stormwater infiltration
BMPs for clogging and excessive debris and sediment accumulation within
the BMP, remove sediment (if needed) when completely dry;
(4)
Two times per year: inspect for signs of damage to structures, repair
eroded areas, check for signs of petroleum contamination and remediate;
(5)
Once per year: inspect BMPs for unwanted tree growth and remove if
necessary, disc or otherwise aerate bottom of infiltration basin to
a minimum depth of six inches; and
(6)
After every storm exceeding one inch of rainfall, inspect and, if
necessary, remove and replace K5 sand layer and accumulated sediment
to restore original infiltration rate.
B.
Additional guidance for the inspection, maintenance and repair of
stormwater infiltration BMPs can be found in the New Jersey BMP Manual.
An adequate means of ensuring permanent financing of the inspection,
maintenance and repair of stormwater BMPs shall be implemented and
detailed in the inspection, maintenance and repair plan. Permanent
financing of the inspection, maintenance and repair of stormwater
BMPs shall be accomplished by the assumption of the inspection and
maintenance program by a municipality, county, public utility or homeowners'
association.
