[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]
Article I Maintenance of Retention, Detention and Recharge Basins
[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:
- DETENTION BASIN
- 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.
- RECHARGE BASIN
- A basin used to recharge surface and subsurface water.
- RESPONSIBLE PARTY
- 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.
- RETENTION BASIN
- A pond, pool or basin used for the permanent storage of water.
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.
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.
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.
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.
§ 72-8 Maintenance of retention, detention or recharge basins; violations declared nuisance; penalty.
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.