Last Updated 08/25/2026
Stormwater Code: Excerpts from Newark, New Jersey Code of Ordinance
Chapter 4:17 Storm Drainage
Maintenance Plan
Standards for Structural Stormwater Management Measures
- Standards for structural stormwater management measures are as follows:
- Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
- Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection 41:17-8-2.
- Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant.
- At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2.5 inches in diameter.
- Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 41:17-8-2.
- Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Section 41:17-4 of this Chapter.
- Manufactured treatment devices may be used to meet the requirements of Section 41:17-4 of this Chapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.
General Maintenance
- 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.
- The maintenance plan for major developments 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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual, available online at http://www.nj.gov/dep/stormwater/bmp_manual2.htm. If the maintenance plan identifies a person other than the developer (for example, a property owner or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such person’s agreement to assume this responsibility, or of the developer’s obligation to dedicate a stormwater management facility to such person under an applicable section 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. Under no circumstances shall the responsibility for maintenance be assigned, designated, assumed or transferred to the City of Newark unless the development is undertaken by the City.
- The maintenance plan 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 function of the stormwater management measure, including 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.
- For major development projects, the person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall 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.
- For major development projects, the person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
- The person responsible for maintenance identified under subsection 41:17-10-2, paragraph 3 above shall 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 subsections 41:17-10-2, paragraphs 7 and 8 above.
- The requirements of subsection 41:17-10-2, paragraphs 3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
- 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 City of Newark 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 Departments of Engineering and Water and Sewer Utilities. The City of Newark, 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 City of Newark may immediately proceed to do so and shall impose a lien or use other remedies to collect the cost thereof from the responsible person.
For major development projects, nothing in this Section shall preclude the City of Newark 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.
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Frequently Asked Questions
What are my post-construction stormwater maintenance responsibilities in Newark?
Once a development in Newark is complete, the property owner becomes responsible for maintaining all on-site stormwater control facilities and any open space areas required under the approved stormwater control plan. The City of Newark inspects these facilities on an ongoing basis to confirm they are being properly maintained and functioning as designed. AQUALIS manages this long term maintenance obligation for Newark property owners, so the facility keeps performing well after construction has ended.
Do I need a maintenance plan for my stormwater facility in Newark?
Yes. Developers in Newark are required to prepare a maintenance plan that details specific preventative maintenance tasks and schedules, cost estimates for upkeep, and the party responsible for carrying it out. In Newark, this maintenance plan must also be recorded on the property deed, meaning the obligation runs with the land regardless of ownership changes. AQUALIS prepares these maintenance plans for Newark property owners and helps ensure the recorded obligations are actually being met year after year.
What happens if the City of Newark finds my stormwater facility out of compliance?
The City of Newark has the authority to inspect properties for stormwater compliance and issue a Notice of Violation when a facility is not being properly maintained. Newark’s ordinance carries real teeth here, since violations can lead to permit termination and fines of up to $1,000 per violation, with the possibility of up to 90 days of imprisonment, and property owners can also be held liable for expenses and damages tied to the violation. AQUALIS helps Newark property owners respond to a Notice of Violation quickly, correcting the deficiency and working with the city to avoid escalating penalties.
Who inspects stormwater facilities in Newark, and how often does it happen?
The City of Newark inspects stormwater control facilities on properties throughout the city to verify they are being maintained properly and functioning as intended. These inspections are how the city identifies maintenance deficiencies and issues Notices of Violation when problems are found. AQUALIS conducts proactive inspections on Newark properties ahead of city visits, so issues can be corrected before they turn into a violation.
Where can I get help managing all of my stormwater compliance obligations in Newark?
Between recorded maintenance plans, structural design standards, prohibited discharge rules, and a city inspection and enforcement program with meaningful financial and legal consequences, staying compliant in Newark involves more than most property owners want to manage alone. AQUALIS offers Newark property owners a single point of contact for stormwater management, covering maintenance plan development, inspections, Notice of Violation response, and general compliance consulting, so property owners can meet the City of Newark’s requirements without handling every detail 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.
