Last Updated 08/24/2026
Excerpt from Edgewater Municipal Code
Chapter 374- Stormwater Management
374-10 Maintenance and repair
- The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
- 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.
- 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.
- 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.
- If the party responsible for maintenance identified under § 374-10B(3) above is not a public agency, the maintenance plan and any future revisions based on § 374-10B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
- 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 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 nonvegetated linings.
- The party responsible for maintenance identified under § 374-10B(3) above shall perform all of the following requirements:
- Maintain a detailed log of all preventative 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;
- Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
- 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 § 374-10B(6) and (7) above.
- The requirements of § 374-10B(3) and (4) 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.
- 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 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
374-11 Violations and penalties
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Edgewater?
Post-construction stormwater management covers the ongoing responsibility to maintain the stormwater BMPs on your property according to a formal maintenance plan, developed under the standards in the New Jersey BMP Manual Chapter 8. If your property in Edgewater has a BMP installed as part of a development project, keeping it maintained per that plan is a continuing obligation, not a one-time construction requirement. AQUALIS provides post-construction stormwater management for property owners across Edgewater, so BMPs stay compliant well after a project is finished.
What has to be included in my Edgewater property's stormwater maintenance plan?
Edgewater requires a maintenance plan that specifies preventative maintenance tasks and schedules, includes cost estimates for that maintenance, and clearly identifies the party responsible for carrying it out, all referencing the New Jersey BMP Manual Chapter 8. A plan missing any of these elements may not satisfy what the Borough expects to see on file. AQUALIS prepares and manages these detailed maintenance plans for Edgewater property owners, keeping tasks, schedules, and cost estimates current.
What kind of maintenance log does Edgewater require for stormwater BMPs?
The party responsible for a BMP in Edgewater must maintain a detailed log of all preventative and corrective maintenance performed, and must evaluate the plan’s overall effectiveness on an annual basis. This is more than a simple checklist, it requires ongoing documentation and a yearly assessment of whether the maintenance approach is actually working. AQUALIS maintains these detailed logs and conducts the required annual effectiveness evaluations for Edgewater property owners.
Does my Edgewater property's stormwater maintenance obligation need to be recorded on the deed?
Yes, in most cases. If the responsible party for a BMP is not a public agency, Edgewater requires the maintenance documentation to be recorded on the property’s deed, ensuring the obligation is visible to future owners and title searches. This means a buyer’s due diligence should catch the requirement, but only if the recording was actually done correctly at the outset. AQUALIS confirms that maintenance documentation is properly recorded on the deed for Edgewater properties and manages the maintenance the deed restriction requires.
What happens if my stormwater BMP in Edgewater needs repair and I don't act quickly?
If a facility in Edgewater needs maintenance, the Borough provides written notice requiring corrective action within 14 days. If the responsible party doesn’t act, the Borough can perform the repairs itself and bill the responsible party, and an unpaid bill can result in a lien against the property. AQUALIS provides non-compliance resolution for Edgewater property owners, addressing maintenance issues well within that 14-day window to avoid Borough-performed repairs and the costs that come with them.
What penalties apply if I don't comply with Edgewater's stormwater maintenance requirements?
Non-compliance with Edgewater’s stormwater requirements is penalized under Borough Code Chapter 1, Article II, the Borough’s general penalty provision for code violations. Combined with the risk of a municipal lien for unpaid repair costs, non-compliance in Edgewater carries both a direct fine and a broader financial exposure. AQUALIS helps Edgewater property owners avoid both outcomes by keeping BMP maintenance current and documented.
Where can property owners in Edgewater get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Edgewater involves a detailed maintenance plan referencing the NJ BMP Manual, ongoing maintenance logging and annual effectiveness evaluations, deed-recorded obligations, and a strict 14-day correction window if issues arise. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers post-construction stormwater management, maintenance planning, and non-compliance resolution for Edgewater property owners, so owners can meet the Borough’s requirements without managing the process themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
