[HISTORY: Adopted by the Township Council of the Township
of Verona 3-11-2024 by Ord. No. 2024-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 455, Stormwater Management, adopted 3-8-2021 by Ord. No. 2021-09, was repealed 3-11-2024 by Ord. No. 2024-04. Ordinance No. 2024-05
also stated that it repealed former Ch. 455.
The purposes of this article are as follows:
A.
To prohibit the spilling, dumping or disposal of materials other
than stormwater to the municipal separate storm sewer system (MS4)
operated by the Township of Verona so as to protect public health,
safety, and welfare, and to prescribe penalties for the failure to
comply.
B.
To prohibit illicit connections to the municipal separate sewer system(s)
operated by the Township of Verona, so as to protect public health,
safety, and welfare, and to prescribe penalties for the failure to
comply.
C.
To establish requirements for the proper handling of litter, yard
waste and pet solid waste in the Township of Verona, so as to protect
public health, safety, and welfare and to prescribe penalties for
the failure to comply.
D.
To prohibit the feeding of unconfined wildlife in any Township-owned
park in Verona or on any other property owned or operated by the Township
of Verona so as to protect public health, safety, and welfare, and
to prescribe penalties for failure to comply.
E.
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 municipal separate storm sewer
system operated by the Township of Verona so as to protect public
health, safety, and welfare, and to prescribe penalties for failure
to comply.
F.
To require dumpsters and other refuse containers that are outdoors
or exposed to stormwater to be covered at all times and prohibit the
spilling, dumping, leaking or otherwise discharge of liquids, semiliquids
or solids from the containers to the municipal separate stormwater
system operated by the Township of Verona and/or the waters of the
state so as to protect public health, safety, and welfare, and to
prescribe penalties for the failure to comply.
G.
To regulate the outdoor application of fertilizer so as to reduce
the overall amount of excess nutrients entering waterways, thereby
helping to protect and improve surface water quality. This article
does not apply to fertilizer application on commercial farms.
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.
The land area, 50 feet in width, adjacent to any water body.
The placement of yard waste in a biodegradable bag as approved
by the Township Engineer, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
The County of Essex.
Waste and wastewater from humans or household operations.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting, or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrient content, which is
designed for use or claimed to have value in promoting plant growth
and which is sold, offered for sale, or intended for sale.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Verona, unless that discharge is
authorized under an NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit No. NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. Impervious
surfaces include and are not limited to roofs and asphalt, concrete,
and stone roads, parking lots, drives, sidewalks, porous asphalt or
concrete systems, synthetic turf fields, pools, and patios.
Nondomestic waste, including but not limited to those pollutants
regulated under Section 307(a), (b) or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b) or (c)].
Any unused or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can, or any top, cap
or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary process of mining or other extraction processes,
logging, saw milling, farming or manufacturing.
A container suitable for the depositing of litter.
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 or other public body and is designed and used for
collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) Rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Domesticated animal (other than a disability assistance animal)
kept for amusement and companionship.
Any person who shall possess, maintain, house, or harbor
any pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Waste matter expelled from the bowels of the pet; excrement.
Any fertilizer that contains phosphorus, expressed as P2O5,
with a guaranteed analysis of greater than zero; except that it shall
not be considered to include animal (including human) or vegetable
manures, agricultural liming materials, or wood ashes that have not
been amended to increase their nutrient content.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontacting cooling water.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the Township or some other refuse collector; or disposal
into a system designated to convey domestic sewage for proper treatment
and disposal.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails
and plastic trash bags.
A technical analysis of soil conducted by an accredited soil-testing
laboratory following the protocol for such a test established by Rutgers
Cooperative Research and Extension.
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.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
The Township of Verona.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay estuary.
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.
All animals that are neither human nor domesticated.
Leaves and grass clippings.
A.
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
is prohibited. The spilling, dumping or disposal of materials other
than stormwater in such a manner as to cause the discharge of pollutants
to the municipal separate storm sewer system is also prohibited unless
same is qualified by one of the following exceptions:
(1)
Waterline flushing and discharges from potable water sources.
(2)
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation and footing drains, rising groundwaters).
(3)
Air-conditioning condensate (excluding contact and noncontact cooling
water).
(4)
Irrigation water (including landscape and lawn watering runoff).
(5)
Flows from springs, riparian habitats and wetlands. Water reservoir
discharges and diverted stream flows.
(6)
Residential car washing and residential swimming pool discharges.
(7)
Sidewalk, driveway, and street wash water.
(8)
Flows from firefighting activities.
(9)
Flows from rinsing of the following equipment with clean water:
(a)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry-cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
(b)
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage and exposed parts and does not apply to
engines or other enclosed machinery.
B.
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the Township any domestic sewage, noncontact cooling water, process
wastewater, or other industrial wastewater (other than stormwater).
C.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this article.
D.
It shall be unlawful for any person to throw, drop, discard, or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain. Whenever any litter is thrown or discarded or allowed to
fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
E.
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
F.
No person shall feed, in any Township-owned or county-owned park,
or on any other property owned or operated by the Township of Verona
or the County of Essex within the geographical boundary of the Township,
any wildlife, excluding confined wildlife (i.e., wildlife contained
in zoos, parks, or rehabilitation centers or unconfined wildlife at
environmental education centers or circus).
G.
No person in control of any property 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: 1) already meets the design standard below to control passage of solid and floatable materials; or 2) is retrofitted or replaced to meet the standard in § 455-4 below prior to the completion of the project. The cost of any retrofitting shall be the sole responsibility of the property owner.
H.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
does not leak or otherwise discharge liquids, semiliquids or solids
to the municipal separate storm sewer system(s) operated by the Township.
I.
No person shall apply fertilizer:
(1)
When runoff-producing rainfall is occurring or predicted and/or when
soils are saturated and a potential for fertilizer movement off-site
exists.
(2)
To an impervious surface. Fertilizer inadvertently applied to an
impervious surface must be swept or blown back into the target surface
or returned to either its original or another appropriate container
for reuse.
(3)
Within the buffer of any water body.
(4)
More than 15 days prior to the start of or at any time after the
end of the recognized growing season from March 1 to November 15.
J.
No person shall apply phosphorus fertilizer:
(1)
In outdoor areas except as demonstrated to be needed for the specific
soils and target vegetation in accordance with a soils test and the
associated annual fertilizer recommendation issued by Rutgers Cooperative
Research and Extension.
(2)
Exceptions:
(a)
Application of phosphorus fertilizer needed for:
[1]
Establishing vegetation for the first time, such as after land
disturbance, provided the application is in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules;
[2]
Reestablishing or repairing a turf area in accordance with good
soil practices.
(b)
Application of phosphorus fertilizer that delivers liquid or
granular fertilizer under the soils surface, directly to the feeder
roots.
(c)
Application of phosphorus fertilizer to residential container
plantings, flowerbeds, or vegetable gardens.
Storm drain inlets identified in § 455-2 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 § 455-4C 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 7.0 square inches, or is no greater than
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 used to collect stormwater from the surface
into a storm drain or surface water body.
B.
For curb-opening inlets, including curb-opening inlets in combination
inlets, 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.
C.
This standard does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(2)
Where the Township Engineer agrees that the standards would cause
inadequate hydraulic performance that could not practically be overcome
by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in N.J.A.C.
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:
(4)
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].
(5)
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 design storm as specified in N.J.A.C. 7:8; or
(6)
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 New Jersey
Register listed historic property.
Exceptions:
This article shall be enforced by the Township Manager, or his/her
designee, which may include the Township Engineer, the Township Planner,
the Township Zoning Office, the Township Construction Code Official
or the Township Building Inspector or any other appropriate designee
of the Township.
