[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-11-2009 by Ord. No. 09-12R]
The retrofitting of existing storm drain inlets in direct contact
with repaving, repairing, reconstruction, resurfacing or alterations
of facilities on private property is necessary to prevent the discharge
of solids and floatables, including but not limited to plastic bottles,
cans, food, wrappers and other litter, into the Borough storm sewer
system, so as to protect the public health, safety, welfare, and to
prescribe penalties for failure to comply with this article.
As used in this article, the following terms shall have the
meanings indicated:
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 Fanwood 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.
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- 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 shall comply with the following standards
to control passage of solid and floatable material through storm drain
inlets. For purposes of this section, "solid and floatable materials"
means sediment, debris, trash, and other floating, suspended, or settleable
solids.
A.
A person shall use either of the following grates whenever he/she
uses 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:
(1)
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
(2)
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.
(3)
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.
(4)
Examples of ground surfaces include surfaces or roads (including
bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns,
fields, open channels and stormwater basin floors.
B.
Whenever a person uses a curb-opening inlet, the clear space in the
curb opening shall have an area of no more than 7.0 square inches,
or be no more than 2.0 inches across the smallest dimension.
A proposed grate, even if it satisfies the above standards,
will not be allowed where:
A.
It would cause inadequate hydraulic performance that could, as determined
by the Borough Engineer, 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.
This article shall be enforced by the Public Officer of the
Borough.
Any person 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.
