[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1; amended 3-16-2021 by Ord. No. 21-3229]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section the most reasonable
application. The definitions below are the same as or based on the
corresponding definitions in the Stormwater Management Rules at N.J.A.C.
7:8-1.2.
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of food,
fiber and livestock for sale. Such uses do not include the development
of land for the processing or sale of food and the manufacturing of
agriculturally related products.
BEST MANAGEMENT PRACTICE (BMP)
Structural device, measure, facility or activity that helps
to achieve stormwater management control objectives at a designated
site.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
CATEGORY 1 (C1) WATERS
Waters of the state, including unnamed waterways that appear
on Soil Survey and USGS Topographic Quadrangle within the same HUC
14 watershed, designated in N.J.A.C. 7:9B-1.15(c) through (h) for
purposes of implementing the anti-degradation policies set forth at
N.J.A.C. 7:9B-1.5(d) for protection from measurable changes in water
quality characteristics because of their clarity, color, scenic setting,
other characteristics of aesthetic value, exceptional ecological significance,
exceptional recreational significance, exceptional water supply significance,
or exceptional fisheries resource(s).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
COMPACTION
The increase in soil bulk density by subjecting soil to greater-than-normal
loading.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be a:
a.
County planning agency; or
b.
County water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection ("NJDEP").
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, development shall mean: any activity that requires a state
permit; any activity reviewed by the County Agricultural Board (CAB)
and the State Agricultural Development Committee (SADC), and municipal
review of any activity not exempted by the Right to Farm Act, N.J.S.A.
4:1C-1 et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
by any activity including the clearing, excavating, storing, grading,
filling or transportation of soil or any other activity that causes
soil to be exposed to the danger of erosion or clearing, cutting,
or removing of vegetation. Milling and repaving is not considered
disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
ESCAPE PROVISIONS
The permanent installation of ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
GROUNDWATER
A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.
HUC 14 (HYDROLOGIC UNIT CODE 14)
An area within which water drains to a particular receiving
surface waterbody, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water relative to
natural conditions in the area.
INFILTRATION
The process by which water seeps into the soil from precipitation
to a level below the normal root soil of plant species.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
a.
An individual "development," as well as multiple developments
that individually or collectively result in:
1.
The disturbance of one or more acres of land since February
2, 2004;
2.
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
3.
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
4.
A combination of Subsection
a2 and
3 above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
b.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection
a1,
2,
3, or
4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
MITIGATION
An action by an applicant providing compensation or offset
actions for on-site stormwater management requirements where the applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8 in an adopted regional stormwater management plan or in this local
ordinance, and has received a waiver from strict compliance from the
City of Summit. Mitigation for the purposes of this section includes
both the mitigation plan detailing how the project's failure to strictly
comply will be compensated, and the implementation of the approved
mitigation plan.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedure approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection
26-1.5f of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES
Techniques that control or reduce stormwater runoff in the
absence of stormwater structures (e.g., basins and piped conveyances),
such as minimizing site disturbance, preserving important site features
including, but not limited to, natural vegetation, reducing and disconnecting
impervious cover, minimizing slopes, utilizing native vegetation,
minimizing turf grass lawns, increasing time of concentration and
maintaining and enhancing natural drainage features and characteristics.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms or
vegetation.
PERMEABLE
A surface or land cover capable of transmitting or percolating
a significant amount of precipitation into the underlying soils.
PERSON
Any individual, corporation, company, partnership, firm,
association, City of Summit, or political subdivision of this state
subject to municipal jurisdiction pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
PLAN
A document approved at the site design phase that outlines
the measures and practices used to control stormwater runoff at the
site.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. Pollutant includes both hazardous
and nonhazardous pollutants.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water to the extent that
the pollutant concentration or level violates either the Ground Water
Quality Standards (N.J.A.C. 7:9-6) or the Surface Water Quality Standards
(N.J.A.C. 7:9B) of New Jersey.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
REVIEW AGENCY (MUNICIPAL)
The municipal body or official that is responsible for the
review of a major development project for compliance with the stormwater
management requirements.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
SOURCE MATERIAL
Any material(s) or machinery, located at an industrial facility
that is directly or indirectly related to process, manufacturing,
or other industrial activities, that could be a source of pollutants
in any industrial stormwater discharge to ground or surface water.
Source materials include, but are not limited to, raw materials, intermediate
products, final products, water materials, by-products, industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on or across the surface of the ground in drainage
facilities or in storm sewers, resulting from precipitation.
STREAM BUFFER
A strip of land located immediately adjacent to a stream
channel consisting of natural, undisturbed vegetative cover, which
serves as a transition area between uplands and riparian lands. A
stream buffer may encompass wetlands, may be contained with a floodplain
or floodway or may extend beyond a wetland, floodplain or floodway
boundary.
STRUCTURAL STORMWATER TECHNIQUES
A stormwater management measure that involves control of
concentrated stormwater runoff or infiltration such as stormwater
basins, piped conveyance systems and manufactured stormwater devices,
and can include various types of basins, filters, surfaces, and devices
located on individual lots in a residential development or throughout
a commercial, industrial, or institutional development site in areas
not typically suited for larger, centralized structural facilities.
THREATENED AND ENDANGERED SPECIES
Endangered species whose prospects for survival in New Jersey
are in immediate danger because of a loss or change in habitat, over-exploitation,
predation, competition, disease, disturbance or contamination. Assistance
is needed to prevent future extinction in New Jersey. Threatened species
are those who may become endangered if conditions surrounding them
begin to or continue to deteriorate. Habitats of endangered or threatened
species are those identified by the Department's Landscape Project
as approved by the Department's Endangered and Nongame Species Program.
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
TIME OF CONCENTRATION
The time it takes for stormwater runoff to travel from the
hydraulically most distant point of the watershed to the point of
interest within a watershed.
TRANSITION AREA
An area of protected upland adjacent to a freshwater wetland
that minimizes adverse impacts on the wetland or serves as an integral
component of the wetlands ecosystem. Also known as "buffer area."
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas, including but not
limited to the following:
a.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
b.
Designated as CAFRA Centers, Cores or Nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1; amended 3-16-2021 by Ord. No. 21-3229]
Stormwater management requirements for minor development shall be in accordance with Subsection
35-15.2 of Article
XV, Stormwater Management Requirements, of Part 3, Environmental Requirements, of Chapter
35, Development Regulations of the City of Summit Code.
[Ord. No. 06-2701 § 1; Ord. No. 06-2718 § 1; amended 3-16-2021 by Ord. No. 21-3229]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties:
a. Responsibility for Administration. The Public Works Manager, City
Engineer and Building Department Official shall administer, implement
and enforce the provisions of this section. Any powers granted or
duties imposed upon the Public Works Manager, City Engineer or Building
Department Official may be delegated in writing to the person(s) or
entities acting in the best interest of or in the employment of the
City of Summit.
b. Enforcement of Penalties and Liens.
1. Should the applicant/owner fail to take the corrective actions, the
City of Summit shall then have the right to take the available appropriate
remedies it deems necessary to correct the violations including fining
the owner up to $1,000 per day for each day the applicant/owner is
in violation. The City will assert a lien on the subject property
in an amount equal to the costs of remedial actions if necessary.
The lien shall be enforced in the manner provided or authorized by
law for the enforcement of common law liens on personal property.
The lien shall be recorded with the City of Summit and the applicant/owner
shall incur all legal costs for the recording. The imposition of any
penalty shall not exempt the offender from compliance with the provisions
of this section, including assessment of a lien on the property.
2. Whenever a structural BMP is not implemented, operated, and/or maintained in accordance with the Stormwater Management Plan which has been approved in accordance with this section, any penalty invoked shall be in accordance with Subsection
26-1.13b1.
[Added 3-16-2021 by Ord. No. 21-3229]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction or administrative agency, such order of judgment shall
not affect or invalidate the remainder of any subsection, paragraph,
subdivision, or clause of this section.
[Ord. No. 05-2656 § 1]
The purpose of this section is to protect the public health,
safety and welfare through the protection of the groundwater resources
underlying the City to ensure a supply of safe and healthful drinking
water for present and future generations of local residents, employees
and the general public in the City, as well as users of these water
supplies outside the City. Areas of land surrounding each public community
well, known as Well Head Protection Areas (WHPAs), from which contaminants
may move through the ground to be withdrawn in water taken from the
well, have been delineated. Through regulation of land use, physical
facilities and other activities within these areas, the potential
for groundwater contamination can be reduced. The purpose of the regulations
contained in this section is to prevent the migration of potential
pollutants from areas within the WHPA into groundwater that is withdrawn
from a public community well.
[Ord. No. 05-3656 § 1]
ADMINISTRATIVE AUTHORITY
Shall mean the Planning Board or Board of Adjustment and
the Board of Health, acting jointly and in consultation, with all
of the powers delegated, assigned, or assumed by them according to
statute and ordinance.
APPLICANT
Shall mean a person applying to the Board of Health, Planning
Board, Board of Adjustment or Construction Office proposing to engage
in an activity that is regulated by the provisions of this section,
and that would be located with a regulated WHPA.
AQUIFER
Shall mean a formation, group of formations, or part of a
formation that contains sufficient saturated permeable rock, sand,
or gravel which is capable of storing and transmitting usable quantities
of water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP)
Shall mean performance or design standards established to
minimize the risk of contaminating groundwater or surface waters while
managing the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
CONTAMINATION
Shall mean the presence of any harmful or deleterious substances
in the water supply.
DEVELOPMENT
Shall mean the carrying out of any construction, reconstruction,
alteration of surface or structure or change of land use or intensity
of use.
DISCHARGE
Shall mean any intentional or unintentional action or omission,
unless pursuant to and in compliance with the conditions of a valid
and effective Federal or State permit, resulting in the releasing,
spilling, pumping, pouring, omitting, emptying or dumping of a hazardous
substance into the waters or lands of the State or into waters outside
the jurisdiction of the State when damage may result to the lands,
waters or natural resources within the jurisdiction of the State.
GROUND WATER
Shall mean water contained in interconnected pores of a saturated
zone in the ground, also known as well water. A saturated zone is
a volume of ground in which the voids in the rock or soil are filled
with water at a pressure greater than atmosphere.
HAZARDOUS SUBSTANCE
Shall mean any substance designated under 42 U.S.C. § 9601
et seq. (CERCLA) or 40 C.F.R. 116 et seq., or the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include
petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Shall mean any solid waste that is defined or identified
as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A.
13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL
Shall mean maximum permissible level of contaminant in water
which is delivered to any user of a public community water system.
NJDEP
Shall mean New Jersey Department of Environmental Protection.
PERSON
Shall mean any individual, public or private corporation,
company, partnership, firm, association, owner or operator, political
subdivision of this State, and any state, Federal or interstate agency
or an agent or employee thereof.
POLLUTED WATER.
In the content of drinking water, water is polluted when
a pollutant is present in excess of a maximum contaminant level or
bacteriological limit established by law or regulation.
POTENTIAL POLLUTANT SOURCE (PPS)
Shall mean activity or land use which may be a source of a pollutant that has the potential to move into ground water withdrawn from a well. For the purposes of this chapter Potential Pollutant Sources are defined in subsection
26-2.6.
PPS
Potential Pollutant Source.
PUBLIC COMMUNITY WELL
Shall mean a public water supply well which serves at least
fifteen (15) service connections used by year-round residents or regularly
serves at least twenty-five (25) year-round residents.
SIC
Shall mean Standard Industrial Classification.
SOLE SOURCE AQUIFER
Shall mean any drinking water aquifer upon which more than
fifty (50%) percent of a population group depends and for which there
is no practicable or affordable alternate water supply, as certified
by the United State Environmental Protection Agency.
TIME OF TRAVEL (TOT)
Shall mean the average time that a volume of water will take
to travel in the saturated zone from a given point to a pumping well.
TIER 1 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within two (2) years. (See maps referenced under subsection
26-2.4).
TIER 2 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within five (5) years. (See maps referenced under subsection
26-2.4).
TIER 3 WELLHEAD PROTECTION AREA
Shall mean that area of land within a WHPA from which ground water may enter the well within twelve (12) years. (See maps referenced under subsection
26-2.4).
WELLHEAD
Shall mean the well borehole and appurtenant equipment.
WELLHEAD PROTECTION AREA (WHPA)
Shall mean an area described in plan view around a well,
from which ground water flows to the well and ground water pollution,
if it occurs, may pose a significant threat to the quality of water
withdrawn from the well.
WHPA
Wellhead Protection Area.
[Ord. No. 05-2656 § 1]
A prompt investigation shall be made by the appropriate personnel
of the City of Summit of any person or entity believed to be in violation
of this chapter. If, upon inspection, a condition which is in violation
of this chapter is discovered, a civil action may be commenced in
the Special Part of the Superior Court, or in the Superior Court,
if the primary relief sought is injunctive or if penalties may exceed
the jurisdictional limit of the Special Civil Part, by the filing
and serving of appropriate process. Nothing in this chapter shall
be construed to preclude the City's right, pursuant to any applicable
statute, to initiate legal proceedings under this chapter in Municipal
Court. The violation of any section or subsection of this chapter
shall constitute a separate and distinct offense independent of the
violation of any other section or subsection, or of any order pursuant
to this chapter. Each day a violation continues shall be considered
a separate offense.
[Ord. No. 05-2666 § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in City of Summit, so as to
protect public health, safety and welfare, and to prescribe penalties
for failure to comply.
[Ord. No. 05-2666 § 1]
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.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
OWNER/KEEPER
Shall mean 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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[Ord. No. 05-2666 § 1]
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.
[Ord. No. 05-2666 § 1]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the City of Summit, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 05-2666 § 1]
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.
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 City of Summit 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. 05-2666 § 1]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the City
of Summit 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. 05-2666 § 1]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the City of Summit, so as to protect public health, safety and
welfare, and to prescribe penalties for failure to comply.
[Ord. No. 05-2666 § 1]
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.
FEED
Shall mean 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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 05-2666 § 1]
No person shall feed, in any public park or on any other property
owned or operated by the City of Summit, any wildlife, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
[Ord. No. 05-2666 § 1]
With respect to this section, any person found to be in violation
of this section shall be ordered to cease the feeding immediately.
[Ord. No. 05-2666 § 1]
The purpose of this section is to establish requirements for
the proper handling of yard waste in the City of Summit, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 05-2666 § 1]
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.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STREET
Shall mean 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.
[Ord. No. 05-2666 § 1]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the City
of Summit, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 05-2666 § 1]
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. 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.
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 City of Summit, 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 City of Summit or other public body, and is designed
and used for collecting and conveying stormwater.
NJPDES PERMIT
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.
NON-CONTACT COOLING WATER
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.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PROCESS WASTEWATER
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.
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. 05-2666 § 1]
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 Summit any domestic sewage, non-contact cooling
water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 09-2863 § 1]
The purpose of this section is 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.
[Ord. No. 09-2863 § 1]
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Placement of fertilizer shall be performed with a properly calibrated
spreader to place the proper amount of nutrients in the soil. Fertilizer
applied immediately prior to a runoff-producing rainfall, outside
the growing season or to impervious surfaces is most likely to be
carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, the management
'of the type, amount and techniques for fertilizer application is
necessary as one tool to protect water resources.
[Ord. No. 09-2863 § 1]
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.
a. Buffer shall mean the land area, ten (10') feet in width, adjacent
to any waterbody. (The buffer to ten (10') feet in width, with the
additional requirement that a drop spreader be used for fertilizer
application.
b. Fertilizer shall mean a fertilizer material, mixed fertilizer or
any other substance containing one (1) or more recognized plant nutrients,
which is used for its 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.
c. Impervious surface shall mean a surface that has been covered with
a layer of material so that it is highly resistant to infiltration
by water. This term shall be used to include any highway, street,
sidewalk, parking lot, driveway, or other material that prevents infiltration
of water into the soil.
d. Person shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
e. Phosphorus fertilizer shall mean any fertilizer that contains phosphorus,
expressed as P2OS, 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.
f. Soils Test shall mean a technical analysis of soil conducted by an
accredited soil-testing laboratory following the protocol for such
a test established by Rutgers Cooperative Research Extension.
g. Waterbody shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 09-2863 § 1]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Ord. No. 10-2902 § 1]
The definitions of the words and/or terms utilized in this section
shall be as defined in N.J.A.C. 7:15-1.5, Definitions, as they exist
at the time of passage of this section and as they may change from
time to time.
[Ord. No. 10-2902 § 1]
It is the intent of this section to provide compliance with
N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an
ordinance regulating new disturbances for projects or activities in
riparian zones as part of a Wastewater Management Plan.
a. Compliance with the riparian zone requirements of this section does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other Federal, State or local statute, regulation
or ordinance.
[Ord. No. 10-2902 § 1]
Adjustments to the riparian zones established by this section
are allowed to the extent they comply with the Stormwater Management
Rules (N.J.A.C. 7:8), and the Flood Hazard Area Control Act Rules
(N.J.A.C. 7:13).
[Ord. No. 10-2902 § 1]
If any subsection, paragraph, phrase or sentence is, for any
reason, held to be unconstitutional or invalid, said subsection, paragraph,
phrase or sentence shall be deemed severable.
[Ord. No. 10-2908 § 1]
The purpose of this section requires dumpsters and other refuse
containers that are outdoors or exposed to stormwater to be covered
at all times and prohibits the spilling, dumping, leaking, or otherwise
discharge of liquids, semi-liquids or solids from the containers to
the City storm sewer system(s) operated by the City of Summit 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.
[Ord. No. 10-2908 § 1]
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.
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 City of Summit or other public body, and is designed
and used for collecting and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
WATERS OF THE STATE
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. 10-2908 § 1]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the City of Summit.
[Ord. No. 10-2909 § 1]
The purpose of this section 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 City storm sewer system(s) operated by the City of Summit so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 10-2909 § 1]
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.
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 City of Summit 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.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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. 10-2909 § 1]
No person in control of private property (except a residential
lot with one (1) 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:
a. Already meets the design standard below to control passage of solid
and floatable materials; or is retrofitted or replaced to meet the
standard in subsection 25-13.4 below prior to the completion of the
project.
[Ord. No. 10-2909 § 1]
Storm drain inlets identified in subsection
26-13.3 above shall comply with the following standard to control passage of solid 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
26-13.4c 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 City 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:
(a)
A rectangular space four and five-eighths (4 5/8") inches
long and one and one-half (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 inches.
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.
[Added 2-6-2024 by Ord.
No. 24-3305]
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 Summit to protect the environment, public health, safety and
welfare, and to prescribe penalties for failure to comply.
[Added 2-6-2024 by Ord.
No. 24-3305]
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.
DE-ICING MATERIALS
Means any granular or solid material such as melting salt
or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means 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:
a.
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;
b.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
c.
The structure shall be erected on an impermeable slab;
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
PERSON
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
RESIDENT
Means a person who resides on a residential property where
de-icing material is stored.
[Added 2-6-2024 by Ord.
No. 24-3305]
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
26-16.3 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 2-6-2024 by Ord.
No. 24-3305]
This section shall be enforced by the Police Department and/or
other appropriate Municipal Officials of the City of Summit during
the course of ordinary enforcement duties.
[Added 2-6-2024 by Ord.
No. 24-3305]
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
result in fines as follows:
b. Second violation beyond compliance period: $1,000.
c. Third violation and each additional violation beyond assigned compliance
period: $2,500.