[Ord. 7/27/59, 17-1]
No person shall construct, cause to be constructed or installed
any sewer in any public or private street or part in the borough unless
and until a permit for that purpose has been obtained from the mayor
and council. Ordinary house connections leading from a building to
a lateral or main sewer shall not be deemed to be a sewer within the
purview of this chapter.
[Ord. 7/27/59, 17-2]
Sewers shall be of such depth and construction as to be permanent
in their nature.
No permit shall be granted unless and until plans and specifications
for the proposed construction is prepared or approved by the borough
engineer. The plans and specifications shall be prepared at the cost
and expense of the party desiring to have the sewers constructed or
applying for a permit.
[Ord. 7/27/59, 17-3]
The mayor and council may require as a condition precedent to
the issuance of a permit that the applicant furnish a bond with surety
for the faithful performance of the work, and for compliance with
all of the conditions of this chapter. The bond shall be approved
as to form, sufficiency and surety by the borough attorney and filed
with the borough clerk.
[Ord. 7/27/59, 17-4]
Every permit issued pursuant to this chapter shall be subject
to the following conditions, whether expressed in the permit or not:
The construction of the sewers shall be under the jurisdiction
and supervision of the borough engineer. The expenses, fees or compensation
of the engineer shall be paid by the person obtaining the permit.
Any changes in the plans and specifications shall be approved
in writing by the borough engineer before becoming effective.
Any sewer or part thereof constructed pursuant to a permit shall
not be connected with the sewers of the borough or with any septic
tank or other receptacle until a certificate of approval has been
issued by the borough engineer and filed with the borough clerk.
No certificate of approval shall be issued unless and until
all conditions of this chapter have been complied with.
The borough engineer shall have the right to stop further work
on construction at any time when in his opinion the work is not being
done according to the plans and specifications or in a bad and unworkmanlike
manner.
Upon completion of the work and the issuance of the certificate
of approval, all the right, title and interest in the sewer shall
be conveyed, transferred and set over unto the borough, so that the
sewers shall be under the complete jurisdiction, ownership and supervision
of the borough after completion.
[Ord. 7/27/59, 17-5]
In the event that the mayor and council determine that the issuance
of a permit is contrary to the public interest and welfare, they may
deny the application for a permit. If granted, the permit shall be
issued by the borough clerk.
[Ord. 7/27/59, 17-6]
The fee for the issuance of a permit shall be five ($5.00) dollars
to cover the cost of issuance. The fee shall be submitted with the
application for a permit.
[Ord. 7/27/59, 17-7; amended 6-6-2023 by Ord. No. 2023-09]
This chapter shall be in addition to any laws, rules or regulations
of the state or municipal boards of health, and municipal Health Department,
and nothing herein contained shall be construed to waive or supersede
any such laws, rules or regulations.
Nothing contained in this chapter shall be construed to permit
the construction, use or maintenance of a cesspool, septic tank or
other receptacle if the same is in violation of any state or municipal
board of health or Health Department laws, rules or regulations.
[Ord. No. 18-79]
The Federal government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act (33
U.S.C. 1150, et seq.).
The Bergen County Utilities Authority has enacted rules and
regulations, as required by the Federal Clean Water Act incorporating
an industrial cost recovery system, a user charge system, and regulations
pertaining to the use of sanitary sewers.
The Borough of Cliffside Park is within the district serviced
by the Bergen County Utilities Authority and has contracted with the
Bergen County Utilities Authority for the removal and treatment of
the wastewater contained within the sanitary sewers of the Borough
of Cliffside Park.
The Borough of Cliffside Park desires to assure that the sanitary
sewers operated and maintained by it will conform to the best sanitary
engineering practices and comply with the requirements of the Federal
Clean Water Act.
[Ord. No. 18-79]
The use of all sanitary sewers of the borough shall be in compliance
with the rules and regulations enacted by the Bergen County Utilities
Authority.
[Ord. No. 18-79]
The borough hereby adopts and enacts the user charge system
and industrial cost recovery system contained in the rules and regulations
of the Bergen County Utilities Authority, and authorize their immediate
implementation by the appropriate municipal official, to be designated
by resolution of the governing body.
[Ord. No. 18-79]
a. Not fewer than three copies of the rules and regulations of the Bergen
County Utilities Authority have been and are filed in the office of
the clerk of the borough and are available for public inspection during
normal business hours.
b. Copies of the rules and regulations of the Bergen County Utilities
Authority can be obtained from the Bergen County Utilities Authority
for the cost of publication.
[Ord. No. 1-92]
Sewage originating in certain portions of the Borough of Cliffside
Park is collected and transmitted for treatment to the Edgewater Sewage
Treatment Plant (the "Edgewater STP") of the Edgewater Municipal Utilities
Authority, (the "EMUA"). The EMUA has been required, pursuant to applicable
federal and state law, to substantially upgrade the level of treatment
of sewage provided at the Edgewater STP, and also the capacity of
said STP for providing treatment, and has completed such upgrade.
A portion of the cost of said upgrade and expansion is attributable
to the need to provide capacity for the connection to said STP for
new residential and commercial development in those portions of the
Borough of Cliffside Park served by the Edgewater STP; and pursuant
to Contract between the Borough of Cliffside Park and the Borough
of Edgewater dated June 13, 1955 as amended by the Borough of Cliffside
Park and the EMUA as successor in interest by the Borough of Edgewater
on May 1, 1987, (hereinafter jointly referred to as the "Contract")
the Borough of Cliffside Park may be responsible effective January
1, 1994, under certain circumstances, to pay EMUA an amount of money
as set forth in paragraph 3, subparagraphs (a) or (b) of said Contract
as applicable.
The Borough of Cliffside Park desires to confirm the costs of
connection charges for all new connections in the Borough of Cliffside
Park to the Edgewater STP, made in the years 1988 through 1991 inclusive;
and under no circumstances does the introduction and adoption of this
section modify, amend or alter any term and/or condition of the Contract
as aforestated.
Pursuant to statutory notice, the borough has held a public
hearing and considered the testimony presented at said hearing and
made a part of the record thereof.
[Ord. No. 1-92, S1]
With respect to connections occurring after the date of adoption
of this section the Borough of Cliffside Park hereby confirms the
one-time charge per new connection as determined in accordance with
Edgewater's Borough Ordinance 903-88 specifically paragraphs 2(a),
(b) and (c) which read as follows:
a. The gallons per unit for the type of facility involved, as shown
on Table A attached to this section and made a part hereof, shall
be multiplied by the number of the applicable units shown on said
table, as certified by the applicant for the Construction Permit;
and
b. The product thereof (being the estimated flow from the facility in
gallons per day) shall be divided by 200; and
c. The quotient thereof (being the number of Equivalent Residential
Units (ERUs) or portion thereof for the facility) shall be multiplied
by the connection charge then in effect for each ERU.
[Ord. No. 1-92, SS2, 3]
With respect to connections occurring after the date of adoption
of this section if the use is not established on Table A the connection charge shall be established per separate
resolution which shall incorporate the terms herein as set forth in
their entirety.
This payment shall be for the collection and transmission of
sewage originating in those portions of the Borough of Cliffside Park
served by the STP; this cost shall be a private expense and not an
obligation of the borough. However, the overall effluent gallon charges
shall be the responsibility of the borough.
The adoption of this section shall not be construed to waive
any right otherwise possessed by the Borough of Cliffside Park inclusive,
but not limited to the right to implement taxes or special assessments
at any time in the future in connection with the construction, replacement
or repair of sewer lines located in the Borough of Cliffside Park.
[Ord. No. 1-92, S4]
The Borough of Edgewater or any of its authorized affiliates
shall have the sole obligation to collect any and all charges as permitted
by the aforesaid contract and this confirmatory section.
a. The fee calculations for all new Cliffside Park sewer hook-up connection
to be serviced by the Edgewater MUA shall be identical to the current
formula established by the Borough of Edgewater. Any future amendments
shall be subject to approval by the Borough of Cliffside Park which
approval shall not unreasonably be withheld.
b. The Borough of Cliffside Park shall direct the Cliffside Park Building
Department that as a condition precedent to the issuance of a certificate
of occupancy for any structure utilizing the services of the EMUA,
the applicant must submit proof of payment of the charges set forth
herein to the Borough of Edgewater.
c. The Borough of Cliffside Park understands based upon representation
made by the Borough of Edgewater that the Borough of Edgewater shall
utilize its best efforts to arrange that the Borough of Edgewater
shall process all sewer connection applications and issue the appropriate
receipts within seven days of receipt of payment by an applicant utilizing
the services of the EMUA.
d. The Borough of Cliffside Park shall not be responsible for the collection
nor for the payment to the Borough of Edgewater of any sewer hook-up
connection fees incurred prior to or subsequent to the enactment of
this section.
[Ord. No. 1-92, S5]
Upon the adoption of this section the Borough of Edgewater shall
unconditionally endorse Cliffside Park's CP-1 application for the
Palisade Avenue sewer line.
[Ord. No. 1-92, S6]
a. The connection charge to be in effect for all new connections which
are not delineated and referenced in the Schedule "A" formula described herein made from January 1, 1988 to
the date of adoption of this section shall be two thousand ($2,000.00)
dollars per new connection.
b. This two thousand ($2,000.00) dollars flat rate hook-up fee as described
in paragraph a shall only apply to developers, and shall not apply
to any one or two family homes, condominium and/or cooperative owners
who are bona-fide purchasers from a developer or individually.
c. A developer shall be defined as any person, real or otherwise who
has constructed more than three homes and/or dwelling units in a 12
month period commencing January 1, 1988 and terminating upon the adoption
of this section.
d. The rationale for this provision is based on the fact that during
the year 1988 inclusive to the adoption of this section, developers
in the Borough of Cliffside Park have generally failed to disclose
this cost to bona-fide purchasers of one and two family homes, condominium
and/or cooperative units.
[Ord. No. 1-92, S7]
a. For purposes of the charges imposed by and pursuant to this section,
new connections to the STP shall be deemed to mean and include all
connections made to properties and facilities which were connected
to said STP after January 1, 1988, and also all changes of use of
existing properties which result, based upon the application of the
information contained in Table A, in an increased flow from said facility, provided, however,
that for such a change of use said connection charge shall be applied
in a uniform manner with similar connection charges made in the Borough
of Edgewater, as per Edgewater Ordinance 903-88.
b. If the Borough of Cliffside Park constructs, repairs or replaces
any sewer line(s) a reconnection into the replacement sewer line(s)
shall not be deemed or classified as a "new connection" for purposes
of this section and shall be excepted from the fee schedule delineated
herein.
[Ord. No. 1-92, S8]
a. The effective date of this section shall be after adoption and subject
to the receipt of a written authorization from the Borough of Edgewater
acceptable to the Mayor and Council of Cliffside Park indicating that
associated with the adoption and implementation of this section Edgewater
shall indemnify and hold the Borough of Cliffside Park harmless from
any and all legal actions, costs, expenses, damages, losses, etc.
Inclusive therein Edgewater shall be required to provide legal services
on behalf of the Borough of Cliffside Park. Cliffside Park shall be
advised as to which attorney shall be provided as counsel on their
behalf and shall approve of same within ten days thereafter; consent
to counsel shall not unreasonably be withheld.
b. Furthermore, as a condition precedent to Cliffside Park implementing
this section, the Borough of Edgewater shall authorize and permit
an appointee of the Borough of Cliffside Park to act as a full voting
commissioner of the EMUA subject to all guidelines, rules and regulations
of the commission proper.
[Ord. No. 1-92, S9]
If there is a conflict between the terms and conditions of the
aforestated Contract between the municipalities named herein and this
section, the terms of said Contract shall prevail excepting for any
and all references herein to sewer connection hook-up fee and exceptions
therefrom.
TABLE A
|
---|
Type of Establishment
|
Unit Used
|
Gallons Per Day
|
---|
Airports (Based on Passenger Use)
|
Passenger
|
3
|
Apartments (1-bedroom)
|
Units
|
150*
|
Apartments (2-bedroom)
|
Units
|
225*
|
Apartments (3-bedroom)
|
Units
|
300*
|
Assembly Halls
|
Seat
|
5
|
Bar and Cocktail Lounges
|
Patron
|
5
|
Boarding Houses (Resident)
|
Boarder
|
50
|
Bowling Alleys
|
Alley
|
200
|
Camps, Children (Central Bath, etc.)
|
Person
|
50
|
Camps, Day - No Meals
|
Person
|
15
|
Camps, Labor
|
Person
|
40
|
Camps, Luxury (Private Bath)
|
Person
|
75
|
Camps, Trailer (Central Bath, etc.)
|
Person
|
50
|
Camps, Trailer (Private Bath)
|
Person
|
75
|
Churches
|
Seat
|
3
|
Clubhouse, Non-Residential Type (Meals)
|
Person
|
35
|
Clubhouse, Residential type
|
Person
|
75
|
Factories (8-hour shift)
|
Person
|
25
|
Fairgrounds (Based upon avg. attendance)
|
Person
|
5
|
Hospitals
|
Person
|
200
|
Hotels
|
Bedroom
|
75
|
Houses (1-bedroom)
|
Units
|
150*
|
Houses (2-bedroom)
|
Units
|
225*
|
Houses (3-bedroom)
|
Units
|
300*
|
Institutions, other than Hospitals
|
Person
|
125
|
Laundries, Self-Service
|
Wash
|
50
|
Lodging Houses/Tourist Homes
|
Bedroom
|
60
|
Motels and Tourist Cabins
|
Bedroom
|
60
|
Office Buildings
|
Sq. Ft.
|
0.125
|
Picnic Parks (with Flush Toilets)
|
Person
|
10
|
Restaurant, Average Type
|
Patron
|
15
|
Restaurant, Short Order/Drive-In-Service
|
Patron
|
5
|
Schools, Boarding
|
Person
|
75
|
Schools, Elementary (No Shower/Cafeteria)
|
Person
|
10
|
Schools, With Cafeteria
|
Person
|
15
|
Schools, With Cafeteria and Showers
|
Person
|
20
|
Schools, With Cafeteria, Showers, Labs
|
Person
|
25
|
Service (Gas) Station (Car Washing)
|
Car Washed
|
75
|
Service (Gas) Station (No Car Washing)
|
Car Served
|
5
|
Stores, Shopping Centers
|
Sq. Ft.
|
0.125
|
Swimming Pools and Beaches
|
Person
|
15
|
Theatre (Drive-In With Food Stand)
|
Car
|
5
|
Theatre (Indoor)
|
Seat
|
5
|
Source: "Rules and Regulations for the Preparation and Submission
of Plans for Sewer Systems and Wastewater Treatment Plants." NJDEP
M7200 WP-D8 July 70. Except as Indicated (*).
|
[Ord. No. 3-98, S1-1]
The mayor and council hereby declares its intent to regulate
and control the flow of any ground or surface waters except sanitary
sewer waters into its sanitary sewer system. It is the intent of this
section to prevent ground waters, surface waters, and any other waters
from directly entering the sanitary system owned by the Borough of
Cliffside Park by means of sump pumps, storm drains or any other devices
and to provide penalties for the violations of same.
[Ord. No. 3-98, S1-2]
Whenever it is necessary for a property owner to obtain a certificate
of occupancy or a continued certificate of occupancy and/or there
is a transfer of any ownership of any residence or commercial building,
the construction office shall be required to perform the following
duties and acts:
Upon application for a certificate of occupancy or continued
certificate of occupancy, the construction official shall inspect,
within ten days, excluding weekends and holidays, the subject premises
in order to determine whether any sump pumps or drains or other mechanical
devices are discharging any waters directly into the sanitary sewer
system owned by the Borough of Cliffside Park. In the event that he
determines that there is such discharge, no certificate of occupancy
or continued certificate of occupancy shall be issued to the possessor
of said property until said condition is removed. Upon the inspection
of such dwelling, the construction official shall file an appropriate
affidavit indicating that said inspection has been made and shall
file same with the borough clerk.
[Ord. No. 3-98, S1-3; amended 12-8-2020 by Ord. No. 2020-08]
a. Discharge Into Sanitary Sewer Prohibited. No person shall discharge
or cause to be discharged any stormwater, surface water, roof runoff,
surface drainage, groundwater or discharge from any pump into any
sanitary sewer. Any person who shall cause, allow or permit a discharge
as prohibited above will be in violation of this article, and shall
be obligated to cause such condition to be removed and/or abated.
b. Discharge Into or On Sidewalk, Street or Gutter Prohibited. No person
shall discharge or cause to be discharged any stormwater, surface
water, roof runoff, surface drainage, groundwater or discharge from
any pump into or on any sidewalk, street or street gutter.
c. Discharge From Drain Pipes, Leaders and Sump Pumps. No person shall
construct, arrange or maintain any drain pipes or leaders or so alter
the surface contour of his land so as to accumulate and divert excessive
amounts of water onto any adjoining lands or into the streets. In
addition, no sump pumps shall be allowed which pump water from cellars
onto streets or which pump water from cellars or basements onto the
surface of the ground in such manner that the water shall run onto
or reach any street or adjoining lands.
[Ord. No. 3-98, S1-4; amended 12-8-2020 by Ord. No. 2020-08]
Any person who shall violate the terms and provisions of this section shall be subject to a fine in the amount not to exceed $500. However, as to violations for failing to correct or remediate the condition identified in subsection §
14-10.3 et seq. above, the fine shall be $100 per day for each day the condition is not corrected or remediated.
[Added 12-8-2020 by Ord. No. 2020-08]
The Borough, after following the following procedure, through
the office of the Tax Collector, may file a lien against the property
for funds expended in the remediation of the damaged condition.
a. Borough Engineer or Construction Code Official identifies the party
who has violated or is violating the provisions of this section;
b. Notice of violations are either hand delivered or mailed to the property
owner, giving them reasonable period of time to remedy the violation;
c. The Borough Engineer, in their professional capacity, opines that
the violation poses an imminent hazard and declares an emergency;
d. The Declaration of Emergency from the engineer is served upon the
property owner, which will outline the remedial steps necessary to
remedy the emergency within a specific period;
e. The Borough obtains two contractor quotations to remediate the emergency;
f. The property owner is served with the lowest construction quotation
and given a reasonable period of time to retain their own contractor
to remedy the violation;
g. Property owner's failure to remedy the violation within the prescribed
period of time shall permit the Borough to retain the services of
the lowest construction quoted price to remedy the violation;
h. Upon completion of the emergency construction, the Borough shall
pay the contractor and in turn notify the property owner that they
have 14 days to reimburse the Borough for the expense;
i. Property owner's failure to reimburse the Borough shall result in
the recording and filing of a lien through the Tax Collector's Office,
with notice to the property owner(s);
j. At any time during this process the property owner may reimburse
the Borough for any and all expenses and the Borough will discharge
the lien;
k. The Declaration of Emergency and emergency repairs shall not stay
the penalty violation provision of this section and thus permitting
the issuance of municipal summonses.
[Ord. No. 3-98, S1-5]
For the purpose of administering and enforcing this section,
any duly authorized officer, agent or employee of the borough shall
have the right to enter into and upon any lands for which an application
has been filed and may examine and inspect such lands.
[Ord. No. 3-98, S1-6; amended 12-8-2020 by Ord. No. 2020-08]
The Construction Code Official, Borough Engineer, and/or the
Director of Operations is hereby designated as the Enforcement Officer.
[Ord. No. 3-98, S1-7; repealed 12-8-2020 by Ord. No. 2020-08]
[Added 12-8-2020 by Ord. No. 2020-08]
General specifications for an underground stormwater detention
system shall be required as follows:
a. The sides and top of the stormwater detention system must be completely
lined with filter fabric in order to prohibit the migration of soil
into the stormwater detention system, unless a structure enclose chamber
is provided.
b. The bottom of the stormwater detention system must be as level as
possible in order to provide a uniform surface for infiltration.
c. Any stone fill within the stormwater detention system must be clean,
washed aggregate between 1.5 and 3.0 inches in diameter.
d. An inspection port with removable cap is required to allow for inspection
and maintenance.
e. The seasonal high-water table (SHWT) and bedrock must be at least
two feet below the bottom of the dry well. Prior to installation of
a new stormwater detention system, percolation testing shall be performed
and results submitted to the Cliffside Park Building Department.
f. An emergency overflow shall be a part of stormwater detention system.
g. The Borough Engineer or Construction Code Official may modify the
above specifications for good cause.
[Added 12-8-2020 by Ord. No. 2020-08]
a. Should the Construction Code Official, Borough Engineer or Director
of Operations determine that the roof drains or sump pump discharge
on a particular property is creating a nuisance or safety hazard,
the roof drains or sump pump must then be connected directly to a
municipal storm sewer system or an underground stormwater detention
system, such as, but not limited to, a dry well or a French drain.
Upon completion of the Construction Code Official's review thereof,
the Construction Code Official may require that the applicant submit
plans and calculations to the Borough Engineer for review and approval.
b. All sump pumps shall be installed and inspected in compliance with
the plumbing and building codes of the Borough and the requirements
of this section. All necessary permits must be obtained and fees paid
before installation commences.
c. A sump pump must discharge through permanent, rigid piping.
d. The sump pump discharge shall be located no less than 10 feet from
the building unless the Borough Engineer or Construction Code Officials
determines in advance in a particular case that compliance with this
requirement is not practicable and for this reason approves, in writing,
an alternative location.
[Ord. No. 2007-7]
a. The property owner or developer, prior to the issuance of any building
permit, including, but not limited to, footing and foundation permits
shall be required to conduct a televised inspection of all existing
or new sewer lines affecting the property in question.
The owner, as a condition precedent to the issuance of the permits
afore stated, shall deliver to the borough construction code official
and engineer a CD/DVD of such inspection, inclusive of a written report
indicating the findings of said televised sewer examination. The cost
of these inspections shall be paid by the owner or developer of the
property.
b. The connection fee set forth in Schedule A shall be recomputed at
the end of each fiscal year of the borough, and following a public
hearing in accordance with the provisions of N.J.S.A. 40:14A-8(c)
shall be revised to reflect the recomputed connection fee, which shall
thereafter be imposed in accordance with N.J.S.A. 40:14A-8(c).
c. Every approval for new construction that will discharge to the facilities
of the borough will include, as a condition of said approval, the
provision that connection fees in accordance with this section shall
become due and payable to the borough prior to the issuance of a construction
permit for said construction, or for those properties for which a
building permit has been obtained at the time of the adoption of this
ordinance, prior to the issuance of a certificate of occupancy.
d. The owner, as a condition to receipt of the certificate of occupancy,
shall pay an impact charge for the ongoing maintenance and inspection
of the borough's sanitary sewer system and the effects of any of the
improvements or the said additions, renovations or new construction.
e. The imposition of said charges are for the purpose of the inspection,
repairs maintenance and upkeep of the present sanitary sewer system.
f. If the proposed developmental use is residential, the owner shall
pay a sewer connection fee of five hundred ($500.00) dollars per each
dwelling unit in regard to all new construction or replacement construction
and/or for any renovations or addition where the building fee permit
is based on a value in excess of twenty-five thousand ($25,000.00)
dollars. Said fee shall be paid simultaneously with the building permit
or certificate of occupancy application fee. Commercial property shall
be charged a sewer connection fee of one thousand ($1,000.00) dollars
per unit in regard to all new construction or replacement construction
and/or for any renovations or addition where the building fee permit
is based on value in excess of twenty-five thousand ($25,000.00) dollars.
Said fee shall be paid simultaneously with the building permit or
certificate of occupancy application fee.
The effect of this section shall be immediate and the requirement
of televising sewer lines and the payment of the impact fee shall
be required prior to the issuance of any certificate of occupancy
for any property currently under construction.
[Ord. No. 2007-07]
a. Under no circumstances will a building or footing permit or certificate
of occupancy be issued pursuant to the terms of the ordinance if the
property owner fails to comply with the requirements of this section.
b. Violations of the provisions of this section shall, for each and
every violation thereof, and for each and every day that said violation
continues to be in existence, upon conviction thereof, be subject
to a penalty not exceeding one thousand ($1,000.00) dollars per daily
offense or imprisonment for a period not exceeding thirty (30) days
or community service for a period not exceeding ninety (90) days.
All penalties shall be at the discretion of the municipal magistrate,
expecting that the minimum fine shall be at least five hundred ($500.00)
dollars per each offense.
c. Failure to obtain the appropriate building permit or certificate
of occupancy, complete all improvements pursuant to State Code as
determined by the municipal construction code official or his designee
or pay the appropriate permit fee or permit and impact charge fee
shall be considered a violation and shall be punishable under this
section.
[Ord. No. 2009-08, S1]
The purpose of this section is to require that dumpsters and
other refuse containers that are outdoors or exposed to stormwater
be covered at all times and to prohibit the spilling, dumping, leaking
or other discharge of liquids, semi-liquids or solids from the containers
into the municipal separate storm sewer system(s) operated by the
Borough of Cliffside Park and/or the waters of the State of New Jersey
so as to protect public health, safety and welfare and to prescribe
penalties for the failure to comply with the provisions of this section.
[Ord. No. 2009-08, S2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning 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 (MS3)
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 Cliffside Park 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.
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 groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2009-08, S3]
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 Borough of Cliffside Park.
[Ord. No. 2009-08, S4]
a. Permitted temporary demolition containers.
b. Litter receptacles (other than dumpsters or other bulk containers).
c. Individual homeowner trash and recycling containers.
d. Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e. Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed on curbside for pickup).
[Ord. No. 2009-08, S5]
This section shall be enforced by the police department and/or
other municipal officials of the Borough of Cliffside Park.
[Ord. No. 2009-08, S6]
Any person who is found to be in violation of the provisions of this section shall be subject to a fine as described in this subsection of Chapter
14.
[Ord. No. 2012-04]
As used in this section, the following terms shall have the
meanings indicated:
GREASE TRAPS
Shall be given its normal definition in any food industry.
A device used to collect oil and grease at the entrance of the wastewater
pipe system and preventing the oil and grease from traveling through
the wastewater pipes into the wastewater system of the Borough. A
grease trap must be installed in such a manner as to facilitate easy
inspection and cleaning.
MAINTENANCE OF GREASE TRAPS
Shall mean that grease traps must be maintained and inspected
to ensure that they are never allowed to reach more than three-fourths
(3/4) of their capacity.
MANUFACTURER, PROCESSOR OR DISTRIBUTOR
Shall be given its normal definition in the industry. An
establishment includes businesses which manufacture and/or process
and/or distribute food and/or food products.
RETAIL FOOD ESTABLISHMENT
Shall be given its normal definition in the industry. A retail
food establishment includes retail businesses which process and/or
serve food and food products.
[Ord. No. 2012-04]
a. Grease traps shall be maintained and inspected to ensure efficient
operation. Grease traps shall be easily accessible for cleaning and
inspection. The grease trap installation shall be in continuous operation
at all times.
b. Grease trap cleaning shall be done biweekly. A maintenance log including
the time, date and signature of the person performing the cleaning
shall be kept on the premises and shall be readily available for inspection
by the department of public works personnel or sewer inspector. If
it is determined that the system is not sufficient, the cleaning shall
be increased or a larger unit shall be installed. Inspection records
shall be maintained for a minimum of period of five (5) years.
c. Grease trap additives shall only be used with the approval of the
Sewer Inspector or Department of Public Works personnel. All removed
material shall be disposed of in accordance with all State, local
and Federal regulations. All maintenance logs and manifests shall
be maintained on the premises and made available upon request at the
time of inspection by the Sewer Inspector or Department of Public
Works personnel. These logs and records shall be maintained for a
minimum period of five (5) years.
d. All food establishments must employ at their own expense a licensed
plumbing inspector to conduct annual inspection of their grease traps
and conducting wastewater lines to ensure that waste oil and grease
is being adequately removed from the wastewater being discharged into
the sewer systems and the wastewater being introduced into the sewer
system is less than 140 degrees Fahrenheit. The licensed plumber conducting
the inspection shall provide a formal inspection report to both the
food establishment and to Borough Health Department. This inspection
report must contain the plumber's observations with regard to the
efficiency of the grease trap, the amount of oil and grease found
in the connecting wastewater lines, the percentage of oil and grease
being removed from wastewater being discharged into the sewer system,
the temperature of the wastewater being discharged into the sewer
system and the maintenance and efficiency of the grease trap. The
formal inspection shall be submitted within three weeks of the inspection
date.
e. The Department of Public Works personnel and Sewer Inspector shall
have access to any food establishment to inspect the grease trap not
to exceed six (6) visits annually. No establishment can restrict access
to the grease trap. If the grease trap records are not accurate or
up to date, a fine not exceeding five thousand ($5,000.00) dollars
per day with each day being a separate offense, may be issued. The
Superintendent of Public Works or his designee has the authority to
issue a summons, as well as the Sewer Inspector.
f. Effective January 1, 2013, no food establishment will be issued a
license to operate within the Borough without presenting the plumbing
inspection and inspection logs to the Health Department with the license
application.
g. An inspection fee, in addition to annual food establishment license
fee, shall be imposed upon any food establishment as follows:
1. For each inspection carried out pursuant to a complaint when such
inspection results in a determination that said establishment is in
violation of the state sanitary code or of any municipal ordinance
or state and federal regulation relating thereto.
2. For each reinspection carried out after either a failure of the regular
inspection, or failure of an inspection carried out pursuant to a
complaint as set forth in this section.
3. There shall be an annual fee for each inspection in the amount of
one hundred ($100.00) dollars.
h. New construction or the installation of waste disposals and commercial
dishwashers shall discharge into grease trap, and are subject to this
section.
[Ord. No. 2012-04; amended 6-6-2023 by Ord. No. 2023-09]
Attached hereto and incorporated into this section is the Cliffside
Park Grease Trap Inspection Sheet. This form shall be prepared in
a one write form consisting of an original and four (4) copies. (This
form may be found on file in the office of the borough clerk.) Copies
shall be distributed as follows:
a. Original - to restaurant owner.
d. Department of Public Works.
[Ord. No. 2012-04; amended 6-6-2023 by Ord. No. 2023-09]
All retail food establishments as defined in this section, shall
be required to install grease traps as required by the Cliffside Park
Health Department and/or this section. The retrofitting of grease
traps pursuant to this section shall be completed no later than December
31, 2012.
All retail food establishments as defined herein, who already
have installed grease traps shall only be required to comply with
the maintenance and recording provisions.
All filing fees pursuant to this section shall be waived for
2012, and shall commence on January 1, 2013.
[Ord. No. 2011-11]
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 municipal separate storm sewer system(s) operated by the Borough
of Cliffside Park so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2011-11]
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 Borough of Cliffside Park 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. 2011-11]
No person in control of private property (except a residential
lot with one- or two-family residences) 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
b. Is retrofitted or replaced to meet the standard in subsection
14-14.4 below prior to the completion of the project.
[Ord. No. 2011-11]
Storm drain inlets identified in subsection
14-14.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see subsection 14-14.3c 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:
(a)
A rectangular space four and five-eighths (4 5/8) inches
long and one and one-half inches (1 1/2) 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 (1) inch 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. 2011-11]
This section shall be enforced by the Construction Code Official
of the Borough of Cliffside Park.
[Ord. No. 2011-11]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed two thousand
($2,000.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.