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Jackson, NJ Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Surface basin fee
$1,025/acre/year, 25-yr, $10,000 min
Subsurface system fee
$1/linear ft/year, 25-yr, plus 2x cost
Agreement recorded
Ocean County Clerk's office
Max fine
$1,000 per day of violation
Max jail
90 days per § 244-15
Governing sections
§§ 244-40 and 244-12K

Summary

Jackson Township requires developers to dedicate completed stormwater management systems to the Township under § 244-40 and pay a maintenance fee set by § 244-12K before performance guaranties are released. Surface detention or retention basins carry a $1,025 per acre annual cost over a twenty-five-year period with a $10,000 minimum; subsurface infiltration systems are billed per linear foot.

Stormwater management maintenance fee. ... The annual maintenance cost per acre ... shall be $1,025. The minimum contribution, regardless of the size of the basin, will be $10,000. ... An applicant shall be required to dedicate proposed stormwater management systems to the Township and shall enter into an agreement with the Township to that end. Such agreement shall be a condition of final approval and shall be fully executed prior to release of performance guaranties, and acceptance of the stormwater management agreement shall require payment of the fee set forth in § 244-12K in consideration of the Township assuming all future maintenance of the stormwater management facilities. ... It shall be the applicant's responsibility to maintain the stormwater management system during construction.

Full Breakdown

Under § 244-40, an applicant must dedicate any proposed stormwater management system to Jackson Township and sign a dedication agreement before the Township Engineer certifies release of the performance guaranty. The agreement is drafted by the Township Attorney, recorded with the Ocean County Clerk, and filed with the Township, and the Township only assumes future maintenance once the agreement is fully executed and the fee under § 244-12K is paid. The Township retains that fee from the cash portion of the guaranty, and if the cash portion is smaller than the required fee the developer must post the difference in cash; an interim reduction in the performance guaranty never counts as acceptance of the system.

Section 244-12K sets the fee itself: for a surface system such as a detention or retention basin, the annual maintenance cost is $1,025 per acre, covering the basin area plus 25 feet outward from the top of bank, multiplied by a twenty-five-year maintenance period, with a $10,000 minimum contribution regardless of basin size. For a subsurface infiltration system the fee is $1 per linear foot per year over twenty-five years plus twice the system's replacement cost, not counting structures, plus $27.50 per linear foot for any road repair the Township Engineer determines is needed, also with a $10,000 minimum.

A combination system's fee is the combined total of both formulas. Until the agreement is recorded and the fee paid, the developer remains responsible for maintaining the system during construction. Violations of Chapter 244, including a failure to dedicate or fund maintenance as required, expose the owner, developer, agent, or contractor to the penalties in § 244-15.

Violations & Fines

Chapter 244 violations, including failing to execute the § 244-40 dedication agreement or pay the § 244-12K maintenance fee, are enforced by the Township's administrative officer under § 244-15. Each day a violation continues is a separate offense punishable by a fine of up to $1,000, imprisonment for up to 90 days, or both, and the Township Engineer can require a cessation order backed by the same penalties for continued noncompliant construction activity.

Frequently Asked Questions

Who owns Jackson Township's stormwater basins after a subdivision is built?
The Township takes over ownership and maintenance only after the developer executes and records a dedication agreement under § 244-40 and pays the maintenance fee required by § 244-12K; until then the developer stays responsible for the system.
How much is Jackson Township's stormwater maintenance fee?
For a surface detention or retention basin, the fee is $1,025 per acre per year over a twenty-five-year period with a $10,000 minimum. Subsurface infiltration systems are billed at $1 per linear foot per year over twenty-five years plus twice the replacement cost, also with a $10,000 minimum.
What happens if a developer skips the stormwater dedication agreement?
Chapter 244 violations, including skipping the § 244-40 agreement, carry a fine of up to $1,000 per day and up to 90 days in jail under § 244-15, and the Township Engineer can withhold release of the performance guaranty until the fee is paid.

Sources & Official References

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