Bernardsville City Zoning Code
§ LD-12-29.9
Maintenance, Repair and Operation.
[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]
a.
Applicability.
Projects subject to review as in § LD-12-29.1 (major development) shall comply with the requirements of § LD-12-29.9b and § LD-12-29.9c. Projects subject to review as in § LD-12-29.3b (minor development) shall comply with the requirements of § LD-12-29.9d.
b.
General Maintenance.
1.
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(b)
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. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
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 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, 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 municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
c.
Nothing in this subsection 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.
d.
Present and future owners of property containing privately owned stormwater management facilities designed to meet the standards for minor development are required to ensure adequate long-term operation and maintenance of such facilities in accordance with a Stormwater Management Operations and Maintenance Manual and the following:
1.
The Stormwater Management Operations and Maintenance Manual shall contain a description of the project, including the amount of land disturbance and the amount of new impervious surface being created; ownership and maintenance responsibilities; specific inspection and maintenance tasks, including a requirement to inspect all structural components for cracking, subsidence, spalling, erosion and deterioration at least annually; to at least once a year, measure and record the water level in the facility after a heavy rain fall event in order to determine the time to drain; preventative and corrective maintenance measures; and inspection and maintenance log forms.
2.
Inspection and maintenance log forms are required to be submitted to the Borough Engineer and the Public Works Manager by April 1 of every third year. The Borough Administrator shall notify the property owner of the requirement by March 1st of the applicable year in accordance with the following schedule:
(a)
Reporting Group A: Tax Blocks 1 through 28 reports due by April 1 for the prior year activity, every third year beginning in the year 2025 and then in 2028, 2031, 2034. . .
(b)
Reporting Group B: Tax Blocks 29 through 68 reports due by April 1 for the prior year activity, every third year beginning in the year 2026 and then in 2029, 2032, 2035. . .
(c)
Reporting Group C: Tax Blocks 69 through 146 reports due by April 1 for the prior year activity, every third year beginning in the year 2024 and then in 2027, 2030, 2033 . . .
3.
If the owner of a property with stormwater management facilities designed and installed to meet the standards for a Minor Development fails to meet the reporting requirement 20 days after a final notice, the Borough Engineer shall conduct said inspection and a fee of $250 will be assessed for the performance of said inspection.
4.
The responsibility to ensure that future owners of property containing stormwater management facilities are aware of such facilities and the requirement to maintain the facilities shall be borne by the present owner of the property containing the stormwater management facilities. The present owner of stormwater management facilities should provide a copy of the Stormwater Management Operations and Maintenance Manual, prior to the transfer of title, to the future owner. Alternatively, the requirement for long-term operation, maintenance and repair of the stormwater management facilities, in accordance with the SWM O&M Manual, can be recorded upon the deed of record for the property by the present owner.
5.
If the stormwater facilities are not adequately maintained by the private owners, the Borough shall retain the right to perform the required maintenance and charge the private entity accordingly. This access shall be part of all drainage easements on private property.