[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:
Shall mean waste and wastewater from humans or household
operations.
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.
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)].
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:
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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]
[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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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).
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17; amended 9-10-2019 by Ord. No. 1524-14-19; 9-13-2022 by Ord. No. 1572-11-22]
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.
5.
Upon consultation with the Construction Official, trees may be removed on properties of single-family or two-family residences, where the trees are preventing normal usage of the property, in which case the same number of trees shall either be replaced as defined in Subsection 27-3.9 or the fee of $250 is paid to the Municipal Tree Replacement Fund as defined in Subsection 27-3.9c.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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:
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 10-10-2017 by Ord.
No. 1486-19-17]
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.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
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
(i.e., privately owned) in Little Ferry to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
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 chapter 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
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:
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
The point of entry into the storm sewer system.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15,
but no longer than 30 days without prior written approval from the
Little Ferry Police Department:
1.
Materials shall be placed on a flat, impervious surface in a manner
that prevents stormwater run-through;
2.
Materials shall be placed at least 50 feet from surface water bodies,
storm drain inlets, and/or ditches or other stormwater conveyance
channels;
3.
Materials shall be formed in a cone-shaped storage pile;
4.
All storage piles 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;
(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.
The site shall be free of all de-icing materials between April 16
and October 14.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of solid de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 to April 15.
c.
The property owner shall designate a person(s) responsible for operations
at the site where these materials are stored, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
This section does not apply to facilities where the stormwater
discharges from salt storage activities are regulated under another
NJPDES permit.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
This section shall be enforced by the Little Ferry Police Department
during the course of ordinary enforcement duties.
[Added 6-13-2023 by Ord.
No. 1601-15-23]
