N.J. Admin. Code § 7:45-8.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:45-8.8 - Specific stormwater management maintenance requirements

(a) Responsibility for operation and maintenance of stormwater facilities installed, including periodic removal and disposal of accumulated particulate material and debris, unless assumed by a governmental agency, shall remain with the owner of the property and runs with the land to all heirs, successors, persons and assigns and to any and all mortgagees. Permanent conservation and maintenance easements to ensure continued performance of these obligations shall be completed and executed by the owner of the property on forms provided by the Commission. Stormwater facilities maintained by local, county or State government agencies shall not be required to file a conservation and maintenance easement. The easements shall include, but not be limited to, the following information provided by the applicant:

1. A list of all structural stormwater management facilities; and

i. Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual.

2. A maintenance plan for the stormwater management measures incorporated into the design of a major development. The maintenance plan shall contain specific preventive maintenance tasks and schedules, and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement). 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.

(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.

(c) The person responsible for maintenance identified under (a) above shall maintain a detailed log of all preventive 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.

(d) The person responsible for maintenance identified under (a) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan as needed.

(e) The Commission may require the recordation in the County Clerk's office of a Conservation Restriction for any land area used as a nonstructural stormwater management measure to meet the performance standards in N.J.A.C. 7:45-8.4. The Conservation Restriction shall be subject to the Commission's prior approval, or equivalent restriction that ensures that measure or an equivalent stormwater management measure is maintained in perpetuity.

(f) Nothing in this section shall preclude the municipality in which the project is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

N.J. Admin. Code § 7:45-8.8