Care of detention basins draws look from council
BY TALI ISRAELI
Staff Writer

MARLBORO - The Township Council has introduced an ordinance that would, if adopted, create a new fee structure for the operation and maintenance of detention basins.

A detention basin is defined as a facility that has been designed to temporarily store storm runoff so a controlled outflow can slowly empty from the area.

The ordinance, which was introduced on Oct. 5, would establish an improvement fee for all major development in Marlboro. The law would also create a maintenance guarantee for all approved storm water management facilities.

The ordinance is scheduled for a public hearing and possible vote for adoption on Oct. 19.

According to the law, for all residential development the storm water improvement fee would be $2,000 per unit. The commercial development fees range between $2,000 and $45,000 depending on the square footage of the development.

Officials said the purpose of the improvement fee is to reimburse the township for all costs associated with the implementation of watershed and water quality mitigation plans. If the law is adopted, the fees would be required prior to approval of any application for major development.

In addition to the improvement fees, the ordinance states that all development requiring a storm water management facility would be obligated to post a fee or maintenance guarantee.

According to the law, the township would be responsible for maintaining the detention basin if a development is between two and 20 residential units. For a development of more than 20 residential lots, the maintenance of the detention basin would be assigned to a homeowners association established for the development.

For all nonresidential development, the owner of the site would be responsible for maintaining the detention basin.

The maintenance fee for all storm water facilities would be calculated by the Planning Board's engineer and the Director of Public Works; the costs would be based on current estimates for maintenance with an annual increase of 4 percent. An applicant seeking approval for the construction of a detention basin would be required to provide the funds necessary to maintain the facility for a period of 25 years.

Councilman Joseph Pernice said the move comes as a result of smaller developments being unable to maintain and operate a detention basin. When the costs were not being met by the developments, the burden was falling on the township, Pernice added.

In related business, the council is expecting a final approval of Marlboro's storm water management plan by the Monmouth County Planning Board in November.

The ordinance, which was introduced on Oct. 5, will require all development in Marlboro to comply with state regulations for storm water management. The law is scheduled for a public hearing and possible vote for adoption on Oct. 19.

The ordinance has been submitted to the county for review twice since its original adoption by the council in March.

According to Township Planner Jennifer Beahm, the storm water management element of Marlboro's master plan was approved by the county and the ordinance was conditionally approved as long as a slight change was made.

Beahm added that the county Planning Board is expected to formally adopt the ordinance at its November meeting. She noted that Marlboro will be the fourth municipality in Monmouth County to implement this ordinance; the state Department of Environmental Protection has required all municipalities to adopt the law.

The ordinance involves regulations for water quality, water quantity - how much run-off there is - and a buffer which prohibits development within 300 feet of Category 1 (C-1) streams. C-1 streams have been designated by the state as critical bodies of water requiring the most protection.