As result of USEPA’s Phase II rules published in December 1999, the New Jersey Department of Environmental Protection has developed the Municipal Stormwater Regulation Program. This program addresses pollutants entering our waters from certain storm drainage systems owned or operated by local, county, state, interstate, or federal government agencies. These systems are called “municipal separate storm sewer systems” (MS4s). The Department’s Municipal Stormwater Regulation Program will be issuing NJPDES permits to municipalities throughout the state, public complexes, and highway systems. Public complexes include large public colleges, prisons and hospital complexes. Highway systems include those operated by counties or by entities such as the NJ Department of Transportation, NJ Turnpike Authority, and the South Jersey Transportation Authority.
Excerpt from Union Township Land Development Ordinance
Scope and purpose.
Policy statement. Flood control, groundwater recharge and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site. Source control plans should be developed based upon physical site conditions and the origin, nature and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity and groundwater recharge.
Purpose. It is the purpose of this article to establish minimum stormwater management requirements and controls for major development as defined in § 170-242, Definitions.
This article shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
Nonresidential major developments; and
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
This article shall also be applicable to all major developments undertaken by the Township of Union.
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this article are to be considered an integral part of development approvals under the development permit, subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. This article is not intended to interfere with, abrogate or annul any other ordinances, rule or regulation, statute or other provision of law except that, where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation or other provision of law, the more restrictive provisions or higher standards shall control.
Maintenance and repair.
Applicability. Projects subject to review as in § 170-244C of this article shall comply with the requirements of Sections § 170-250B and C.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
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.
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.
If the person responsible for maintenance identified under § 170-250B(2) above is not a public agency, the maintenance plan and any future revisions based on § 170-250B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
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.
The person responsible for maintenance identified under § 170-250B(2) 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.
The person responsible for maintenance identified under § 170-250B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
The person responsible for maintenance identified under § 170-250B(2) 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 § 170-250B(6) and (7) above.
The requirements of § 170-250B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have five days to effect maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. The Township, in 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, the Township may immediately proceed to do so and shall bill the cost thereof to the responsible person.
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 N.J.S.A. 40:55D-53
Violations and penalties.
Any person who violates any provision of this article shall, upon conviction thereof in Municipal Court, be punishable by imposition of the penalties set forth in Chapter 170, Article XXXII.
Each instance of engaging in a separate regulated activity in violation of this article shall be deemed a separate offense.
In addition, the Township may institute civil action for injunctive or other relief to enforce the provision of this article.
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