[HISTORY: Adopted by the Mayor and Council
of the Township of Florence 2-1-2006 by Ord. No. 2006-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 41.
Brush, grass and weeds — See Ch. 56.
Flood damage prevention — See Ch. 79.
Land development — See Ch. 91.
Solid waste — See Ch. 122.
Water and sewers — See Ch. 140.
[1]
Editor's Note: This ordinance also repealed
former Ch. 95, Litter, of this Code.
The Township Council finds that the effective
management of stormwater and the improvement of the quality of stormwater
has been declared to be the public policy of the State of New Jersey
and that it is both appropriate and necessary for the Township of
Florence to establish, consistent with the recommendations of the
New Jersey Department of Environmental Protection, regulations that
will improve the quality of stormwater runoff and protect the environment,
including regulations on litter, pet waste, wildlife feeding, yard
waste collection, containerized waste, improper disposal and illicit
connections to the stormwater system.
It is the purpose of this chapter to establish
regulations for the protection of the environment and to establish
requirements to control littering, pet waste, yard waste and for the
protection of the stormwater system in the Township of Florence so
as to protect public health, safety and welfare.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter 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.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Waste and wastewater from humans or household operations.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Florence, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Shall mean at once, without delay.
Nondomestic waste, including but not limited to those pollutants
regulated under Section 307(a), (b), or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including but not limited to any bottle, jar or can, or any
top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
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 Township of Florence or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
[Added 2-17-2010 by Ord. No. 2010-01]
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.
[Added 2-17-2010 by Ord. No. 2010-01]
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
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.
[Added 2-17-2010 by Ord. No. 2010-01]
All animals that are neither human nor domesticated.
Leaves and grass clippings.
It shall be unlawful for any person to throw,
drop, discard or otherwise place any litter of any nature upon public
or private property other than in a litter receptacle, or having done
so, to allow such litter to remain. Whenever any litter is thrown
or discarded or allowed to fall from a vehicle or boat in violation
of this chapter, the operator or owner, or both, of the motor vehicle
or boat shall also be deemed to have violated this chapter.
It shall be unlawful to scatter or throw upon
the streets, sidewalks, alleys or public places or to tack or nail
upon any telegraph, telephone or trolley poles or trees in the Township
of Florence any posters, pamphlets, circulars, handbills, advertisements
or paper or to scatter or throw the same in or upon any porch, step,
stoop or vestibule of any building or upon the yard or lot fronting
or bordering on the streets, alleys or public places aforesaid, provided
that nothing herein shall be construed to prevent the delivery or
distribution of posters, pamphlets, circulars, handbills or advertisements
enclosed in envelopes or appropriately secured at the property entrance
or to apply to the delivery of the same to individuals personally
or to the issue, circulation and sale of newspapers.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas such that, at a minimum, there shall be no single linear quarter-mile
without receptacle: buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat-launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances or furniture, or on private
property, except by written consent of the owner of said property,
in any place not specifically designated for the purpose of solid
waste storage or disposal.
It shall be unlawful for any residential property
owner to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, in areas zoned residential
or on properties in residential use, except in a fully enclosed structure
or during days designated for the collection of bulky items.
It shall be unlawful for any residential property
owner or owner of properties in residential use to store or permit
the storage of tires in areas zoned residential, except in a fully
enclosed structure or on days designated for the collection of tires.
It shall be unlawful for any residential property
owner to park or permit the parking of any vehicle on his or her residential
front lawn for more than two consecutive hours in any one-week period.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such a vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle or otherwise endanger travelers or
public property, shall immediately cause the public property to be
cleaned of all glass or objects and shall pay the costs therefor.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing disposal bins
on his or her property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive materials. No person shall sweep into or deposit into any
gutter, street, catch basin or other public place any accumulation
of litter from any public or private sidewalk or driveway. Every person
who owns or occupies property shall keep the sidewalk in front of
his or her premises free of litter. All sweepings shall be collected
and properly containerized for disposal.
Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven days prior to a scheduled and announced
collection and shall not be placed closer than 10 feet from any storm
drain inlet. Placement of yard waste at the curb or along the street
at any other time or in any other manner is a violation of this chapter.
If the prohibited placement of yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
street or the party shall be deemed in violation of this chapter.
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this chapter.
All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person, except that
any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while the
animal is being used for that purpose.[1]
No person shall feed, in any public park or
on any other property owned or operated by the Township of Florence,
any wildlife, excluding confined wildlife.
No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by the Township of Florence any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of Florence is prohibited. The spilling,
dumping, or disposal of materials other than stormwater in such a
manner as to cause the discharge of pollutants to the municipal separate
storm sewer system is also prohibited. The following are exceptions
to the prohibition:
A.
Waterline 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 fire-fighting activities.
I.
Flows from rinsing of the equipment used in the application
of salt and de-icing materials immediately following salt and deicing
material applications. Prior to rinsing with clean water, all residual
salt and deicing 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. 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.
[Added 2-17-2010 by Ord. No. 2010-01[1]]
A.
Prohibited conduct.
(1)
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
(2)
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Florence.
B.
Exceptions to prohibition.
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Added 2-17-2010 by Ord. No. 2010-01]
A.
Prohibited conduct. 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 of any
surface that is in direct contact with an existing storm drain inlet
on that property unless the storm drain inlet either:
B.
Design standard. Storm drain inlets identified in § 123-22A shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 123-22B(3).
(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 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. 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.
(2)
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 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
(3)
This standard does not apply:
(a)
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;
(b)
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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
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.
Any person who violates any provision of this chapter shall be subject to the penalties as set forth in § 1-10 of the Florence Code.
