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

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