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Borough of Little Ferry, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: For regulations concerning pet waste and feeding of wildlife, see Chapter 5, Animal Control. For regulations regarding disposal of solid waste, see Chapter 22, Solid Waste Management.
[Ord. No. 1158-2-05 § 1]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Little Ferry, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 1158-2-05 § 2]
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:
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical 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 Borough of Little Ferry, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean 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)].
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Borough of Little Ferry or other public body, and is designed and used for collecting and conveying stormwater.
[Ord. No. 1159-3-05 § 1]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate sewer system (MS4) operated by the Borough of Little Ferry, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 1159-3-05 § 2]
As used in this section:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Borough of Little Ferry or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
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. 1159-3-05 § 3]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Little Ferry 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.
[Ord. No. 1159-3-05 § 4]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
[Added 10-10-2017 by Ord. No. 1486-19-17]
It is the purpose of this section to prevent environmental degradation; to preserve existing natural resources; to control the indiscriminate and excessive cutting and destruction of trees; to prevent the destruction of the aesthetic character of established neighborhoods within the Borough; and to provide for the replacement of trees when removed.
As used in this section, the word "tree" shall mean any woody plant having a diameter greater than eight inches as measured at a height of four feet from existing grade (i.e., at its base).
It shall be unlawful to remove, destroy or substantially alter in such a way as to impair or endanger the life of any tree without first obtaining a tree removal permit.
The cutting, pruning or trimming of trees in a manner which is not harmful to the health of the tree and which will not endanger the tree's continued vitality is permitted.
Except as provided in Subsections 27-3.7 and 27-3.8 herein, all applications for a tree removal permit shall be filed with the Borough's Construction Official, who shall maintain an index of all such applicants. Applicants shall be required to submit the following information: name and address; tax block and lot; description of the property; purpose for the proposed tree removal; tree species, size and condition; a sketch, indicating the location of the tree(s) proposed for removal in relation to all structures on the property; and a filing fee in the amount of $10 per tree to be removed. The filing fee (not the application) is hereby waived for all owner-occupied single- and two-family homeowners in the event that only one tree is being removed.
a. 
Upon the filing of an application for a tree removal permit under Subsection 27-3.5 herein, and prior to the issuance of a tree removal permit, the Borough's Construction Official shall inspect the property which is the subject of the application, and in particular the tree(s) to be removed. The Construction Official shall issue a tree removal permit, provided one or more of the following criteria are met:
1. 
A determination by a licensed tree expert or licensed tree care operator that the tree is dead, diseased or in danger of falling;
2. 
The tree interferes with necessary utility service;
3. 
The tree creates an unsafe condition or poses a threat to public health and safety;
4. 
The tree conflicts with other municipal ordinances or regulations.[1]
[1]
Editor's Note: Former Subsection 27-3.6b, which permitted owners of single-family and two-family residences to remove one tree each three years, and which immediately followed this subsection, was repealed 9-10-2019 by Ord. No. 1524-14-19.
a. 
Upon application for site plan/subdivision approval which would cause the removal or destruction of any tree, an applicant shall be required to submit the following:
1. 
A simple drawing showing the location of all trees on the property and any other existing or proposed structures;
2. 
Identification of all trees to be retained and/or removed, including their species, size and condition.
b. 
For any site plan or subdivision application requiring Planning Board or Zoning Board of Adjustment approval that also involves an application for a tree removal permit, the application shall be submitted to the Borough's Construction Official, who will have the responsibility for approving any tree removal and who shall advise the Borough's Planning Board or Zoning Board in writing of any such approval. The Construction Official shall be responsible for issuing the tree removal permit.
c. 
All applicants for a tree removal permit under this section shall comply with the requirements set forth in Subsection 27-3.9 herein.
a. 
Upon application for a building permit which would cause the removal or destruction of any tree, an applicant shall be required to submit an application to the Borough's Construction Official for a tree removal permit, together with a simple drawing showing the location of the trees to be removed, and indicating their species, size and condition. The Construction Official shall be responsible for issuing the tree removal permit, provided the application complies with the requirements set forth in Subsection 27-3.6 herein.
b. 
For any development application that requires an application for a tree removal permit and also requires variance approval from the Zoning Board of Adjustment (but does not also involve an application for site plan or subdivision approval), the application shall be submitted to the Borough's Construction Official, who will have the responsibility for approving any tree removal and who shall advise the Borough's Zoning Board in writing of any such approval. The Construction Official shall be responsible for issuing the tree removal permit, provided the application complies with the requirements set forth in Subsection 27-3.6 herein.
In connection with any trees to be removed under Subsections 27-3.7 and 27-3.8 herein to accommodate buildings, driveways, parking areas, lawn and recreation areas, etc., the following replacement/mitigation standards shall apply:
a. 
For every one tree removed, one replacement tree shall be provided on site;
b. 
Replacement trees shall be minimum 2 1/2 inches' caliper nursery-grade stock and of the same species of the tree to be removed or, alternatively, a species that is native to the area;
c. 
Where on-site replacement is not feasible, the applicant shall be required to pay a fee to the Municipal Tree Replacement Fund in an amount equal to $250 per tree to be removed.
Any person who removes one or more trees without a permit shall be subject to a fine up to $2,000 or a jail term not to exceed 90 days, or both. Each tree removed without a permit shall be considered a separate violation.
The terms of this section are hereby declared to be severable; should any part, portion or provision be deemed invalid or unconstitutional, said finding shall not affect any other part, portion or provision thereof.
This section shall take effect immediately upon final passage and publication according to law.