Maintenance of detention basins covered in new law BY TALI ISRAELI Staff Writer MARLBORO - The Township Council has adopted an ordinance creating a new fee structure for the operation and maintenance of detention basins. The ordinance was adopted on Oct. 19. 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 law establishes an improvement fee for all major development in Marlboro and creates a maintenance guarantee for all approved storm water management facilities. According to the ordinance, for all residential development the storm water improvement fee is $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. In addition to the improvement fees, the ordinance states that all development requiring a storm water management facility is obligated to post a fee or maintenance guarantee. According to the law, the township is 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 is assigned to a homeowners association established for the development. For all nonresidential development, the owner of the site is responsible for maintaining the detention basin. The maintenance fee for all storm water facilities is calculated by the Planning Board engineer and the director of public works; the costs are based on current estimates for maintenance with an annual increase of 4 percent. An applicant seeking approval for the construction of a detention basin is required to provide the funds necessary to maintain the facility for a period of 25 years. 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 adopted by the council on Oct. 19, requires all development in Marlboro to comply with state regulations for storm water management. 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 said the county Planning Board is expected to formally adopt the ordinance at its Nov. 2 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 runoff 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.