[Adopted 11-15-2011 by Ord. No. 2011-11]
This Part 10:
Requires the retrofitting of existing storm drain inlets that are in direct contact with repaving, repairing, reconstruction, 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 operated by Chester Township, so as to protect public health, safety and welfare; and
Prescribes penalties for the failure to comply.
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.
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:
- 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 Chester Township or other public body and is designed and used for collecting and conveying stormwater.
- 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; 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 water 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-mixed asphalt), reconstructing or altering of 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 identified in § 113-410 above shall comply with the following standards to control the passage of solid and floatable materials through storm drain inlets. For the purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to these standards, see Subsection C 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 7.0 square inches or is no greater than 0.5 inch 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 7.0 square inches or be no greater than 2.0 inches across the smallest dimension.
These standards do not apply:
Where the Municipal Engineer agrees that these standards 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 catch basin hood) that is designed, at a minimum, to prevent the delivery of all solid and floatable materials that could not pass through one of the following:
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
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 these standards is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register-listed historic property.
Prior to the commencement of any repaving, repairing, reconstruction, resurfacing or similar alterations of facilities on private property, except a residential lot with one single-family house, approval shall be obtained from the Zoning Officer and the Superintendent of the Department of Public Works (DPW), or his designee, as needed to verify the installation of the appropriate storm inlet retrofit devices.
This Part 10 shall be enforced by the Zoning Officer and the Superintendent of the DPW, or his designee, of Chester Township.
Any person who is found to be in violation of the provisions of this Part 10 shall be subject to a fine not to exceed $1,250 for each storm drain inlet that is not retrofitted to meet the design standard.
Each section, subsection, sentence, clause and phrase of this Part 10 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Part 10 to be unconstitutional, void, or ineffective, for any cause or reason, shall not affect any other portion of this Part 10.