(See also Chapter XVIII, Sewers)
[Ord. No. 2806]
a.
As a result of the U.S. Environmental Protection Agency's (USEPA)
Phase II rules published in December 1999, the New Jersey Department
of Environmental Protection (the "Department") has developed the Municipal
Stormwater Regulation Program. This Program addresses pollutants entering
our waters from certain storm drainage systems owned or operated by
local, County, State, intestate or Federal government agencies. USEPA
regulations refer to these systems as "municipal separate storm sewer
systems" (MS4s).
b.
Following the USEPA's new Phase II rules, the Department's Municipal
Stormwater Regulation Program has issued New Jersey Pollutant Discharge
Elimination System (NJPDES) permits to municipalities. Asbury Park
NJPDES Permit #NJG0153591 and any/all subsequent permits that require
compliance with the requirements of the USEPA's new Phase II rules
which have been adopted by the New Jersey Department of Environmental
Protection (NJDEP) on January 5, 2004, and which appeared in the February
2, 2004 edition of the New Jersey Register at 36 N.J.R. 813(a).
[Ord. No. 2806]
Illicit connections of non-stormwater discharges have been shown
to contribute substantial levels of contaminants to surface water
bodies. These illicit connections may originate from sources such
as improperly connected sanitary sewage lines, industrial flows and
from leaking or overflowing sanitary sewer lines and pumping stations.
This section shall prohibit illicit connections to the municipal
separate storm sewer system(s) operated by the City of Asbury Park,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2806]
The definitions below are the same as or based on corresponding
definitions in the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules at N.J.A.C. 7:14A-1.2. As used in this section:
shall mean waste and wastewater from humans or household
operations.
shall mean any physical or non-physical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the City of Asbury Park, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Non-physical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
shall mean non-domestic 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)).
shall mean 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 City of Asbury Park, and is designed and used for
collecting and conveying stormwater.
shall mean 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.
shall mean 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.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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 non-contact cooling water.
shall mean 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.
[Ord. No. 2806]
a.
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the City of Asbury Park any domestic sewage, non-contact cooling water,
process wastewater, or other industrial waste (other than stormwater).
b.
An illicit connections found and subject to this section must be
eliminated within six (6) months of discovery by the responsible party.
[Ord. No. 2806]
This section shall be enforced by the City of Asbury Park Public
Works Department or any other department as designated by the City
Manager or City Council.
[Ord. No. 2806; New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 2016-39]
Regulations requiring 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 City of Asbury Park so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 2016-39]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
shall mean 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 City of Asbury Park or other public body, and is
designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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.
shall mean 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.
[Ord. No. 2016-39]
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:
[Ord. No. 2016-39]
Storm drain inlets identified in Prohibited Conduct above shall
comply with the following standard to control passage of solids and
floatable materials through storm drain inlets. For purposes of this
subsection, "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.
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:
1.
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
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches 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.
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 (7.0) square inches, or be no greater than two (2.0) inches
across the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees 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:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch (1") 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 New Jersey
Register listed historic property.
[Ord. No. 2016-39]
This section shall be enforced by the following Departments
within the City of Asbury Park: Police, Fire, Public Works, and Code
Enforcement.
[Ord. No. 2016-39]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalties provided by Chapter I, Section 1-5 for each storm drain inlet that is not retrofitted to meet the design standard.
[Added 6-12-2019 by Ord. No. 2019-23]
It is hereby determined and declared to be the public policy
of the City of Asbury Park to address a significant global problem
relating to the production and use of single-use plastic carryout
bags and the adverse effects emanating directly therefrom. Specifically,
the intent of this section is to reduce the use of single-use plastic
carryout bags, and to promote the use of reusable carryout bags in
order to reduce litter, to reduce harm to humans, wildlife and the
environment, to protect our parks and coastal waterways, and to protect
the health, safety and welfare of the general public.
As used in this section:
A bag that is: (1) provided by a covered store to a customer
at the point of sale to carry food items, goods or other products
purchased from such store; or (2) provided by a street vendor to a
customer at the point of sale to carry food items or goods/products
purchased from such street vendor. Such term shall not include reusable
carryout bags or exempt bags.
The City of Asbury Park, in Monmouth County, New Jersey.
The City Manager of the City of Asbury Park, or his/her designee(s),
authorized to carry out the provisions of this section.
(i) A food service establishment, and (ii) a retail, wholesale
or service establishment engaged in either the sale of personal, consumer
or household items, or the provision of services, including but not
limited to drug stores, pharmacies, grocery stores, supermarkets,
convenience food stores, food marts, hardware stores, liquor stores,
clothing stores, jewelry stores, or other retail establishments of
any kind, or service establishments of any kind, including but not
limited to beauty salons, etc., that provide carryout bags to consumers
in which to place items purchased or obtained at such establishment.
Any of the following:
Bags without handles to carry produce, meats, dry goods, or
other non-prepackaged food items to the point of sale within a covered
store to prevent such food items from coming into direct contact with,
and/or intended to stop cross-contamination with, other purchased
items;
Bags provided by a pharmacy to carry prescription drugs;
Laundry or dry-cleaning bags;
Newspaper bags;
Bags used to contain or wrap ice, frozen foods, meat, fish,
or other items, whether prepackaged or not, to prevent or contain
moisture;
Bags associated with any purchase related to an individual receiving
public assistance, such as the New Jersey State Supplemental Nutritional
Assistance Program, the EBT Program, or the New Jersey State Special
Supplemental Nutrition Program for women, infants and children (as
full or partial payment, fixed income or disability);
Small clear plastic bags of less than four inches in depth that
are commonly provided to customers by hardware stores to hold screws
and bolts and other small items; or
Any other bag to be exempted from the provisions of this section
as determined by the City Manager or his/her designee.
Any establishment located in the City which serves made-to-order
food and/or beverages for dine in, take out or delivery, but not including
food trucks and mobile food carts.
A person in control of, or having responsibility for, the
daily operation of a covered store, which may include, but need not
be limited to, the owner of the covered store.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either:
A single-use carryout bag that is made of paper.
Any carryout bag that is made of plastic and that is not:
(1) a single-use paper carryout bag; (2) a reusable carryout bag;
or (3) an exempt bag.
For purposes of this section, any person or business peddling, vending, selling, or displaying for sale any merchandise or food that is presented from a mobile or transient setting, including but not limited to a vehicle, truck, food truck, or cart, or from a moveable tent, table, or stand, or otherwise. This term shall include but not be limited to all peddlers, transient merchants and/or other vendors who are licensed under Chapter IV of the City Code, as well as all vendors at farmers markets, street festivals, and other events requiring group or special event permits (per § 4-10 of the City Code), and street performers who have obtained a permit under § 4-15 of the City Code.
Effective January 1, 2020, no operator of any covered store or street vendor within the City shall provide any single-use plastic carryout bag to any customer for the purpose of enabling a customer to transport food items, goods or other products out of the covered store or from the point of purchase, except in accordance with the provisions of this section. Nothing in this section shall be read to preclude operators of covered stores or street vendors from providing single-use paper carryout bags to customers for a fee in accordance with Subsection 20-3.4 of this section or from making reusable carryout bags available for sale to customers. No operator or street vendor shall preclude customers from using their own reusable carryout bags.
a.
Effective January 1, 2020, an operator of a covered store or a street
vendor may provide a customer with a single-use paper carryout bag
or reusable carryout bag, provided that the operator or street vendor
shall impose and collect a minimum fee of $0.10 for each single-use
paper carryout bag or reusable carryout bag provided to the customer.
There shall be a maximum fee of $0.25 charged by any operator or street
vendor for each single-use paper carryout bag provided to a customer,
but there shall be no maximum fee imposed on an operator or street
vendor for each reusable carryout bag provided to a customer. No covered
store or street vendor shall be required to charge such fee for an
exempt bag. All monies collected under this section shall be retained
by the covered store or street vendor. The City recommends that such
funds be utilized by covered stores and street vendors to purchase
additional single-use paper carryout bags and reusable carryout bags
for use by customers and/or to provide outreach and education efforts
aimed at educating residents and consumers about reducing the use
of single-use plastic carryout bags and increasing the use of reusable
carryout bags.
b.
Each operator shall indicate on the sales or other receipt given to the customer the total number of single-use paper carryout bags provided to the customer, and the total fee charged to the customer pursuant to Subsection a above. This provision shall not apply to street vendors.
c.
No covered store or street vendor shall charge a carryout bag fee
for bags of any kind provided by the customer in lieu of a carryout
bag provided by any such covered store or street vendor.
d.
No covered store or street vendor shall charge or prevent a person
from using a bag of any kind that they have brought to any such covered
store or street vendor for purposes of carrying food items, goods
or other products from such store or street vendor.
a.
The City Manager or his/her designee shall establish an outreach
and education program aimed at educating residents, covered stores
and street vendors on reducing the use of single-use plastic carryout
bags and increasing the use of reusable carryout bags.
b.
To the extent practicable, the City Manager or his/her designee shall
seek the assistance of private entities and local not-for-profit organizations
to provide and distribute reusable carryout bags to residents, and
to covered stores and street vendors.
a.
Any notice of violation issued pursuant to this section shall be
returnable in the City's municipal court, which shall have the power
to impose penalties as provided herein.
b.
The City Manager shall designate appropriate departments and/or staff
to enforce this Section, including but not limited to the Police Department,
Public Works Department, and/or Code Enforcement Department.
Any person who is convicted of a violation of this section shall,
upon conviction, be liable to the following penalties: for the first
offense, there shall be a fine of $250; for the second offense, there
shall be a fine of $500; and for the third and each subsequent offense,
there shall be a fine of $1,000.
[Added 11-21-2023 by Ord. No. 2023-42]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately-owned), including residences, in the
City of Asbury Park to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Added 11-21-2023 by Ord. No. 2023-42]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When consistent 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.
Shall mean any granular or solid material such as melting
salt or any other granular solid that assists in the melting of snow.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean a permanent building or permanent structure that
is anchored to a permanent foundation with an impermeable floor, and
that is completely roofed and walled (new structures require a door
or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:+n
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a person who resides on a residential property
where de-icing material is stored.
Shall mean the point of entry into the storm sewer system.
[Added 11-21-2023 by Ord. No. 2023-42]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th
of the year, in accordance with the following requirements:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16th
and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to the time period between October 15th and
April 15th.
c.
All such temporary and/or permanent structures utilized for the storage
of de-icing materials must also comply with all other applicable City
ordinances, including but not limited to building and land use regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 11-21-2023 by Ord. No. 2023-42]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection 20-5.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 11-21-2023 by Ord. No. 2023-42]
This section shall be enforced by the Asbury Park Police Department
and/or Code Enforcement during the course of ordinary enforcement
duties.
[Added 11-21-2023 by Ord. No. 2023-42]
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall, upon conviction, result in penalties as stated in Chapter I, Section 1-5.
[Ord. No. 2018-43]
It is hereby found and declared that it will be the public policy
of City of Asbury Park to take action to protect and promote the public
health through the control of the growth of invasive plant species.
[Ord. No. 2018-43]
As used in this section:
shall mean all native and non-native vines and vegetation
that grow out of place and are competitive, persistent, and pernicious.
These plants may damage trees, vegetation, or structures. Examples
include but are not limited to bamboo (clumping, spreading or running
type), ragweed, multi flora rose, kudzu-vine and poison ivy or oak.
[Ord. No. 2018-43]
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this section.
All new in-ground plantings of invasive plants are strictly
prohibited. All existing plantings must be contained by appropriate
physical barriers to prevent the growth or spread of existing invasive
species beyond the boundaries of a resident's property
[Ord. No. 2018-43]
All places and premises in the City of Asbury Park shall be
subject to inspection by the enforcing officer. Such inspections shall
be performed by such person, persons or agency duly authorized and
appointed by the City of Asbury Park. Such inspection shall be made
if that official has reason to believe that any subsection of this
section is being violated. The City Manager shall appoint staff to
carry out inspections to comply with this Section.
[Ord. No. 2018-43]
A penalty or penalties for the conviction of a violation under this Section shall be governed by Chapter I, Section 1-5, General Penalty, of the City Code.
