Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 10-7-2010 by Ord. No. 13-10]

§ 470-23 Purpose.

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.

§ 470-24 Definitions.

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.

§ 470-25 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), 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.

§ 470-26 Design standard.

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.

§ 470-27 Enforcement; violations and penalties.

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.