New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 8 - STORMWATER MANAGEMENT › Subchapter 5 - DESIGN AND PERFORMANCE STANDARDS FOR STORMWATER MANAGEMENT MEASURES › Section 7:8-5.8 - Maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The design
				engineer shall prepare a maintenance plan for the stormwater management
				measures incorporated into the design of a major development.
(b) The maintenance plan shall contain
				specific preventative maintenance tasks and schedules; cost estimates,
				including estimated cost of sediment, debris, or trash removal; and the name,
				address, and telephone number of the person or persons responsible for
				preventative and corrective maintenance (including replacement). Maintenance
				guidelines for stormwater management measures are available in the New Jersey
				Stormwater Best Management Practices Manual. If the maintenance plan identifies
				a person other than the developer (for example, a public agency or homeowners'
				association) as having the responsibility for 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 facility
				to such person under an applicable ordinance or regulation.
(c) Responsibility for 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.
(d) If the person responsible for maintenance
				identified under (b) above is not a public agency, the maintenance plan and any
				future revisions based on (h) below shall be recorded upon the deed of record
				for each property on which the maintenance described in the maintenance plan
				must be undertaken.
(e)
				Preventative and corrective maintenance shall be performed to maintain the
				function of the stormwater management measure, including repairs or replacement
				to the structure; removal of sediment, debris, or trash; restoration of eroded
				areas; snow and ice removal; fence repair or replacement; restoration of
				vegetation; and repair or replacement of nonvegetated linings.
(f) The person responsible for maintenance
				identified under (b) above shall maintain a detailed log of all preventative
				and corrective maintenance for the structural stormwater management measures
				incorporated into the design of the development, including a record of all
				inspections and copies of all maintenance-related work orders.
(g) The person responsible for maintenance
				identified under (b) above shall evaluate the effectiveness of the maintenance
				plan at least once per year and adjust the plan and the deed as
				needed.
(h) The person responsible
				for maintenance identified under (b) above shall retain and make available,
				upon request by any public entity with administrative, health, environmental or
				safety authority over the site, the maintenance plan and the documentation
				required by (f) and (g) above.
(i)
				Nothing in this section shall preclude the municipality in which the major
				development is located from requiring the posting of a performance or
				maintenance guarantee in accordance with
				40:55D-53.