[HISTORY: Adopted by the Board of Commissioners of the Borough
of Longport as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor’s Note: Former Ch. 145, Sex Offenders, comprised
of Art. I, Locational Restrictions, adopted 12-7-2005 by Ord. No.
2005-16, was repealed 9-17-2008 by Ord. No. 2008-15.
[Adopted 6-15-2010 by Ord. No. 2010-04]
The purpose of this article is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Longport so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Longport or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in § 145-3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 145-4C below.
A.
Grates.
(1)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension.
(2)
Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
B.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
C.
This standard does not apply:
(1)
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
(2)
Where flows are conveyed through any device (e.g., end-of-pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
(4)
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2 (c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register-listed historic property.
This article shall be enforced by the Longport Police Department
and/or the Code Officials of the Borough of Longport.
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Adopted 10-18-2017 by Ord. No. 2017-22]
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Longport or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Longport is prohibited. The spilling, dumping, or disposal of materials
other than stormwater is such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
Exceptions are as follows:
A.
Water line flushing and discharges from potable water sources.
B.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
C.
Air conditioning condensate (excluding contact and noncontact cooling
water).
D.
Irrigation water (including landscape and lawn watering runoff).
E.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
F.
Residential car washing water and residential swimming pool discharges.
G.
Sidewalk, driveway and street wash water.
H.
Flows from firefighting activities.
I.
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following their use for their
intended purposes; and
(2)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
(a)
Rinsing of equipment as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
It shall be the duty of either the Longport Police Department,
Public Works Supervisor, or Construction Code Official or his designee
to enforce the provisions of this article.
A.
Any person violating this article shall, upon conviction thereof,
be punishable by one or more of the following: a period of community
service not exceeding 90 days; a fine of not less than $100 nor more
than $500 at the discretion of the presiding Judge.
B.
Any person who is convicted of violating the provisions of this article
within one year of the date of the previous violation of the same
article and who was fined for the previous violation shall be sentenced
by the court to an additional fine as a repeat offender. The additional
fine imposed by the court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the original violation of this article. Whenever such
person shall have been officially notified of by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's occurrence shall constitute
a separate offense, punishable by a fine or penalty.
