[Ord. #2419, 6-11-2019, adopted]
This section requires the adequate long-term cleaning, operation
and maintenance of stormwater facilities not owned or operated by
Bernards Township and not subject to the conditions of another NJPDES
stormwater permit regardless of the ultimate discharge point of the
facility.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any organization responsible for the maintenance or ownership of a common element that operates a stormwater management facility and commonly known as "homeowners' associations (HOA)." Community associations shall include ownership organizations as defined by Bernards Township Subsection 21-58A.3.
As defined by N.J.A.C. 7.8 et seq.
Any development defined as a major development by N.J.A.C.
7.8 et seq.
Any development not defined as a major development.
The State of New Jersey Department of Environmental Protection.
Regulations of the State of New Jersey N.J.A.C. 7.8 et seq.
The entity responsible for the inspection and maintenance
of a stormwater facility as the owner, agent, or community association.
As defined by N.J.S.A. 40A:12A.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface; is transmitted to the subsurface;
is captured by separate storm sewers or other sewerage or drainage
facilities; or is conveyed by snow removal equipment.
Includes, but is not limited to: catch basins, detention
basins, retention basins, filter strips, riparian buffers, infiltration
trenches, sand filters, constructed wetlands, manufactured treatment
devices, wet basins, rain gardens, bioretention systems, low flow
bypasses, and stormwater conveyances. Stormwater facilities include
stormwater management measures.
The annual certification submitted to the Township from the
owner or operator of a stormwater facility attesting to the facility's
maintenance and proper operation.
A permit issued by the Township to a property owner, homeowners'
association, business or other entity to construct, alter and operate
a stormwater facility.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (a detention basin or infiltration basin), retain
water in a permanent pool (a retention basin or wet pond), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
non-stormwater discharges into stormwater conveyances. Stormwater
management measures include stormwater facilities.
A vault or other storage structure, perforated pipe and/or
stone bed that is located partly or entirely below the ground surface
and that temporarily stores and attenuates stormwater runoff.
No person shall construct, alter or eliminate, or cause to be
constructed, altered, or eliminated a stormwater facility without
the approval of the Bernards Township Engineering Services Department.
No person shall cause by neglect of maintenance the operational decline
or failure of a stormwater facility. No person shall operate a stormwater
facility not designed in accordance with or that fails to function
in accordance with Township ordinances and NJDEP stormwater regulations.
a.
As of the effective date of this section, notwithstanding any other
provision of law to the contrary, no person shall construct, alter,
operate or eliminate any stormwater management measure within the
Township of Bernards without first obtaining a stormwater facility
permit from the Bernards Township Engineering Services Department,
except any stormwater facility constructed prior to the effective
date of this section shall not necessitate a stormwater facility permit
unless required by the Bernards Township Engineering Services Department
upon notice to the owner.
b.
A design prepared by a New Jersey licensed professional engineer
is required for all stormwater facility permit applications, including
plans, details, soil permeability test results, design calculations,
and a stormwater maintenance plan as required by the Township Engineer.
c.
Any operator of any stormwater facility that is not functioning properly
shall obtain a stormwater facility permit, upon notice from the Bernards
Township Engineering Services Department. The Township Engineer shall
require any corrective action necessary.
Each separate stormwater system shall be assessed an annual
fee of $200 due by October 1. Fees shall be due with the submittal
of the annual stormwater facility certification. There shall be no
fee for individual residential stormwater facilities of single-family
homes.
a.
All operators of stormwater facilities that are part of a major development
or all development and redevelopment projects that disturb less than
one acre but include individual stormwater systems and are part of
a larger development that ultimately disturbs one acre or more, and
constructed after February 7, 1984, must annually certify no later
than October 1 their stormwater facilities' maintenance and proper
operation.
b.
All private stormwater facilities, including major and minor development, shall be maintained by the owner/operator in accordance with NJDEP best management practices and any approved maintenance plan. All owners subject to Subsection 17-6.6a above shall maintain logs of inspections, inspector's name, inspection dates, regular maintenance, and any corrective action and shall produce the records upon demand from the Township. Stormwater facilities in a minor development are not required to keep maintenance records.
c.
All stormwater management facilities are subject to inspection by
the Township upon notice to the owner or operator to verify compliance
with this section. Failure to consent to inspection of the facility
by the Township shall be considered a violation of this section.
d.
The certification shall include the type of facility inspected, location
information of the facility inspected, name of inspector, date of
inspection, findings, any preventative or corrective maintenance performed
and certification that the facility is functioning as designed. Certification
shall be submitted only on forms provided by the Township. The certification
may be endorsed by the owner, agent or operator.
e.
The stormwater facility certification includes but is not limited
to the following annual inspections of private facilities by the entity
responsible for operation of the facility as applicable:
All community associations/homeowners' associations shall
register on forms provided by the Township within 60 days of the adoption
of this section or the creation of the association as per N.J.A.C.
5:26-8.4. Registration shall include a description of the stormwater
facilities the association maintains and contact information. Contact
information shall be updated annually.
This section shall be enforced by the Engineering Services Department
of the Township of Bernards.
Any person or entity found to be in violation of the provisions
of this section shall be subject to a minimum penalty, which shall
consist of a fine which may be fixed at any amount not to exceed $500
per incident. Each day the violation is not abated shall be considered
a separate incident.
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
