[HISTORY: Adopted by the City Council of the City of Brigantine
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2011 by Ord. No. 5-2011]
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 into
the municipal separate storm water system operated by the City of
Brigantine so as to protect the public, health, safety and welfare
of residents and visitors to the municipality.
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 to be considered
mandatory and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the City of Brigantine and is designed and used for the 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 water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
No person in control of private property, except a residential lot
with one single-family house, shall authorize the repaving, repairing,
resurfacing, reconstructing or altering of any surface that is in
direct contact with an existing storm drain inlet on the property
unless the storm drain inlet either:
B.
For the purpose of this section, paving or repairing shall not include
the repair of individual potholes and resurfacing shall include top
coating or chip sealing with asphalt, emulsion or a thin base of hot
bitumen.
Storm drain inlets identified in this article 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 Subsection D below.
A.
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:
(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 seven square inches, or is no greater than
0.5 inch across the smallest dimension.
B.
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.
C.
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.
D.
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 (for example, the 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 set forth
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 may be enforced by the Construction Official, the
Zoning Officer, the Director of the Department of Public Works or
the City Engineer.
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 $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
