2870 24 Amending and Supplementing Chapter 25 Section 29 of the Township of West Orange Municipal Code Stormwater Mgmt RedLined 2

30 Projects subject to review as in § 25-29.1c of this ordinance shall comply with the requirements of§ 25-29.10b and 10c . 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). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics. 3. 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. 4. 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. 5. If the party responsible for maintenance identified under § 25-29.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 25-29.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. 6. Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited

aintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, 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 non-vegetated linings. 7. The party responsible for maintenance identified under § 25-29.10b3 above shall perform all of the following requirements: i. maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of Deleted: Section I.C Deleted: ¶ Deleted: Section X.B and X.C Deleted: Section X.B.3 Deleted: Section X.B.7 Deleted: . Deleted: Section X.B.3 Deleted:

31 the development, including a record of all inspections and copies of all maintenance-related work orders; ii. evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and iii. 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 § 25-29.10b6 and 10b7 above. 8. The requirements of § 25-29.10b3 and 10b4 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. Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the ordinance should require the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department’s website at: https://dep.nj.gov/stormwater/maintenance-guidance/. 9. 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 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 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 § 25-11—Penalties: Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land

ce or maintenance guarantee in accordance with N.J.S.A. 40:55D-53 § 25-11—Penalties: Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to the following penalties: § 25-59, Penalties—General § 25-12—Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. Deleted: Section X.B.6 and B.7 Deleted: Section X.B.3 and B.4

32 25-13—Repealer. All other ordinances or parts of ordinances inconsistent with this section are hereby repealed. 25-13—Effective Date: This Ordinance shall be in full force and effect from and after its adoption and any publication as required by law. SUSAN MCCARTNEY, MAYOR BILL RUTHERFORD, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: September 10, 2024 ADOPTED: (after Planning Board review)

33 2870-24 Legislative History The purpose of this ordinance is to amend Chapter 25, Section 29 related to the Stormwater Control Ordinance (SCO) for compliance with N.J.A.C. 7:8 Stormwater Management Rules Amended by the New Jersey Department of Environmental Protection and adopted July 17, 2023. Municipalities are required to adopt the amended rules within 12 months of its adoption to maintain their Municipal Separate Storm Sewer System (MS4) permit.