Retrofitting mandatory. All existing storm drain inlets which are
in direct contact with repaving, repairing, reconstruction, or resurfacing
or alterations of facilities on private property shall be retrofitted
in accordance with the requirements of this section 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 operated by the Township of Marlboro, to protect the public
health, safety and welfare.
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning.
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 Marlboro or other public body, and is designed
and used for collecting and conveying stormwater.
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.
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 any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
Design standard. Storm drain inlets identified in § 295-28C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Subsection D, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 295-28D(3) below.
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:
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
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.
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.
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.
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;
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:
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.
Enforcement. This section shall be enforced concurrently by the Director
of Community Development and/or his designee and by the Municipal
Code Enforcement Officer.
Penalties. Any person(s) found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each storm drain inlet that is not retrofitted to meet the design
standards set forth herein.