This 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) to
the Township storm sewer system operated by the Township of Mine Hill
so as to protect the 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 article 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, man-made channels, or storm drains) that is owned or operated
by the Township of Mine Hill or other public body 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 and 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 bitumen), reconstruction 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 set forth herein to control passage
of solid and floatable materials; or
B. Is retrofitted or replaced to meet the standard outlined below prior
to the completion of the project.
Storm drain inlets identified above shall comply with the following
standard to control passage of solid and floatable materials through
storm drain inlets. For purposes of this section, "solid and floatable
materials" means sediment, debris, trash, and other floating, suspended,
or settleable solids. For exemptions to this standard, see Subsection
C below.
A. Grates.
(1) 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:
(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 seven square inches or is no greater that
0.5 inch 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. 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.
C. This standard does not apply:
(1) Where the Township Engineer agrees in writing 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 (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 inch;
(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 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 historic
designation of any of the places listed in the New Jersey List of
Historic Places.
The enforcement of this article shall be the responsibility
of the Zoning Officer and/or the Construction Code Official. Any person
who erects, constructs, alters, repairs, converts, maintains, or uses
any building, structure or land in violation of this article shall
be subject to the following penalties:
A. For each such violation and noncompliance, upon conviction thereof, be subject to the general penalty as established in §
1-3 of this Code.
B. The imposition of a penalty for a violation of this article shall
not excuse the violation, or permit it to continue, such violation
shall be remedied within a reasonable time, and each five days that
such violation is permitted to exist shall constitute a separate offense.
C. The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.