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 Atlantic Highlands 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 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Atlantic Highlands or other public body, and is
designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface 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:
A. Already meets the design standard below to control
passage of solid and floatable materials; or
B. Is retrofitted or replaced to meet the standard in §
306-15 below prior to the completion of the project.
Storm drain inlets identified in §
306-14 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settle able solids. (For exemptions to this standard, see Subsection C 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 inch 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:
(a)
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
(b)
A bar screen having a bar spacing of 0.5 inch.
(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 Police
Department, Construction Official and/or Code Enforcement Officer
of Borough of Atlantic Highlands.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $2,000 for each storm drain inlet that is not retrofitted to
meet the design standard.