This article requires 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 Pemberton 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, manmade channels, or storm drains) that is owned or operated
by the Borough of Pemberton 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 ground water, 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 in §
173-15 below to control passage of solid and floatable materials; or
B. Is retrofitted or replaced to meet the standard in §
173-15 below prior to the completion of the project.
Storm drain inlets identified in §
173-14 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard, see Subsection C below.
A. Grates.
(1) Either of the following grates shall be used whenever a grate located
in pavement or other ground surface is used to collect stormwater
from that surface and discharge 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 inches 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. Curb-opening
inlets shall have a curb opening area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
C. This standard does not apply:
(1) In new development or redevelopment projects where the municipal
engineer determines 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) In the retrofitting of existing storm drain inlets where the municipal
engineer determines that this standard would cause inadequate hydraulic
performance.
(3) Where flows from the water quality storm as specified in NJAC 7:8
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 inches.
(4) Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars to the elevation of the water
quality storm as specified in N.J.A.C. 7:8; or
(5) Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at NJAC
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 and/or
other municipal officials of the Borough of Pemberton.
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 $1,250, a
term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof for each
storm drain inlet that is not retrofitted to meet the design standard.