[Ord. No. 2006-2872 § 1]

A. Applicability.

1. Projects subject to review as in Section 16-1004C. of this Article shall comply with the requirements of Section 16-1010B. and C.

B. General Maintenance.

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2. 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.

3. 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.

4. If the person responsible for maintenance identified under Section 16-1010B.2 above is not a public agency, the maintenance plan and any future revisions based on Section 16-1010B.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.

5. 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.

6. The person responsible for maintenance identified under Section 16-1010B.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.

7. The person responsible for maintenance identified under Section 16-1010B.2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

8. The person responsible for maintenance identified under Section 16-1010B.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 Section 16-1010B.6 and 7 above.

9. The requirements of Section 16-1010B.3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the Township of Middletown or another governmental agency.

10. 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 Township of Middletown shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The Township of Middletown, 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 of Middletown or the County may immediately proceed to do so and shall bill the cost thereof to the responsible person. [Ord. No. 2007-2917 § 9]

C. Nothing in this Article shall preclude the Township of Middletown or the County 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.

[Ord. No. 2006-2872 § 1]

A. 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 1, Section 1-18A. [Ord. No. 2007-2917 § 10]

B. Each instance of engaging in a separate regulated activity, in violation of this Article shall be deemed a separate offense.

C. In addition, the Township of Middletown may institute civil action for injunctive or other relief to enforce the provisions of this Article.