The purpose of this Article 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 Somerville so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this Article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Article 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. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — A conveyance
or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains) that is owned or operated by the Borough of Somerville
or other public body, and is designed and used for collecting and
conveying stormwater.
B. PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
C. STORM DRAIN INLET — 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.
D. WATERS OF THE STATE — 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.
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
B. Is retrofitted or replaced to meet the standard in Section
149-19 below prior to the completion of the project.
Storm drain inlets identified in Section
149-18 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 Section 149-19C 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 (2) 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 (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 (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.
This Article shall be enforced by the Code Enforcement Division
of the Borough of Somerville.
Any person(s) who is found to be in violation of the provisions
of this Article shall be subject to a fine not to exceed one thousand
dollars ($1,000) for each storm drain inlet that is not retrofitted
to meet the design standard.