Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 60-1; Ord. No. 503; Ord. No. 2004-03 § 1]
a. 
No person, firm or corporation shall deposit, throw or dump any debris or material of any nature in any stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch which could impede or block the flow of water in any stream, watercourse, street stormwater sewer inlet or drainage ditch within the limits of the Township.
b. 
No person, firm or corporation may fill, dam, bridge or divert any stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch or install any piping in any stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch within the borders of the Township without first having obtained a permit therefor from the Township Engineer after authority given by the Mayor and Council of the Township.
[1969 Code § 60-2; Ord. No. 2004-03 § 1]
a. 
All applicants for a permit to fill, block, dam, bridge or divert a stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch or install piping in any stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch shall present plans and specifications for the proposed filling, blocking, damming, bridging, diversion or installation of piping to the Township Engineer, who, after review of such application, shall examine the proposed filling, blocking, damming, bridging, diversion or piping of the stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch and shall make his recommendations in writing to the Mayor and Council.
b. 
The application for a permit must include, in addition to the requirements of the municipality and/or the State of New Jersey, the following:
1. 
A map or plan of the property, drawn by a licensed professional engineer, showing the location of all present and proposed drainage facilities, together with existing and proposed elevations. These elevations are to be based on the United States Coast and Geodetic survey information and must be in conformance with the Township of Fairfield bench mark system.
2. 
Drainage calculations based on the drainage criteria of the Township as stated in the Subdivision Ordinance,[1] which must include information on the drainage area upstream of the proposed improvement.
[1]
Editor's Note: See Chapter 42, Land Subdivision.
3. 
The effect, if any, the improvement will have on the adjoining properties and the properties upstream and downstream from the proposed improvement.
c. 
The Mayor and Council shall either approve or disapprove the application and state the reasons therefor after review of the plans and specifications and report of the Township Engineer and taking into consideration the following criteria:
1. 
The effect of the proposed construction on the adjoining properties and on properties upstream and downstream in the same drainage area.
2. 
Proper provision is made for drainage of the area during the time of construction and that no obstruction be made to existing streams or drainage ditches.
3. 
That all applicable provisions of State Statutes have been complied with.
[1969 Code 60-3; Ord. No. 2004-03 § 1]
If the Mayor and Council determine that the proposed filling, blocking, damming, bridging or diversion of the stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch is in the best interests of the Township and meets the criteria set forth in subsection 21-1.2, it shall approve the application and direct the Township Engineer to issue a permit in accordance with the application.
[1969 Code § 60-4]
The Mayor and Council may in its discretion deny a permit if it determines that the proposed filling, blocking, damming, bridging, diversion or piping is detrimental to the health, welfare and safety of the Township and/or its inhabitants, or that plans submitted do not meet the criteria as set forth in subsection 21-1.2.
[1969 Code § 60-5; Ord. No. 2004-03 § 1]
Prior to the issuance of a permit for permission to fill, block, dam, bridge or divert a stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch, or install piping in any stream, watercourse, catch basin, street stormwater sewer inlet or drainage ditch, all applicants shall pay to the Township a fee of 3% of the estimated cost of the improvements as determined by the Township Engineer from the plans and specifications submitted.
[1969 Code § 60-6; Ord. No. 2004-03 § 1]
Any bridge, dam, culvert, retaining wall, or piping affecting such stream, watercourse, catch basin, street stormwater sewer inlet, drainage ditch or the banks thereof, shall be deemed a structure for which a building permit is required from the office of the Construction Official.
[1969 Code § 60-7]
The Mayor and Council may by due resolution adopt such rules and regulations as it deems necessary and proper to effectuate the purposes of this section.
[Ord. No. 2005-19 § 3]
It is the purpose of this section to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Fairfield, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-19 § 3]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When 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 any waste and wastewater from humans or household pets.
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 Township of Fairfield, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical 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 which 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 Township of Fairfield or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit used 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, byproduct, 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. 2005-19 § 3]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Fairfield any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 2005-19 § 3]
This section shall be enforced by the Police Department of the Township of Fairfield.
[Ord. No. 2005-19 § 3]
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 $250 per occurrence.
[Ord. No. 2005-19 § 3]
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. 2005-19 § 3]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.
[Ord. No. 2005-19 § 3]
It is the purpose of this section to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Fairfield, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-19 § 3]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When 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 which 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 Township of Fairfield 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. 2005-19 § 3]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Fairfield 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. 2005-19 § 3]
a. 
Water line flushing and discharges from portable water sources.
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c. 
Air conditioning condensate (excluding contact and noncontact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2005-19 § 3]
This section shall be enforced by the Police Department of the Township of Fairfield.
[Ord. No. 2005-19 § 3]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine not to exceed $250.
[Ord. No. 2005-19 § 3]
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. 2005-19 § 3]
This section shall be in full force and effect from and after its adoption and publication as may be required by law.
[Ord. No. 2008-09 § I]
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. This section does not apply to fertilizer application on commercial farms.
[Ord. No. 2008-09 § II]
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. 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.
This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to waterbodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
[Ord. No. 2008-09 § III]
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.
BUFFER
Shall mean the land area, 25 feet in width, adjacent to any waterbody.
COMMERCIAL FARM
Shall mean a farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
FERTILIZER
Shall mean a fertilizer material, mixed fertilizer or any other substance containing one 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.
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural limiting materials, or wood ashes that have not been amended to increase their nutrient content.
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 and Extension.
WATERBODY
Shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 2008-09 § IV]
No person may do any of the following:
a. 
Apply fertilizer when a runoff producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.
b. 
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
c. 
Apply fertilizer within the buffer of any waterbody.
d. 
Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season which is recognized to be March 15 to October 31.
[Ord. No. 2008-09 § V]
No person may do the following:
a. 
Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules;
(b) 
Re-established or repairing a turf area.
2. 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
[Ord. No. 2008-09 § VI]
This section shall be enforced by the Police Department and/or other municipal officials of Township of Fairfield.
[Ord. No. 2008-09 § VII]
Any person(s) found to be in violation of the provisions of this section shall be subject to a fine not to exceed $75.
[Ord. No. 2009-23 § 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 floatable materials (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Fairfield so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2009-23 § 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, manmade channels, or storm drains) that is owned or operated by the Township of Fairfield 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. 2009-23 § 1]
Any person in control of private property (except a residential lot with one 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; and
b. 
Is retrofitted or replaced to meet the standard in subsection 21-5.4 below prior to the completion of the project.
[Ord. No. 2009-23 § 1]
Storm drain inlets identified in subsection 21-5.2 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 21-5.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or other 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. 
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 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 square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that the standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards; or
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 4 5/8 inches long and 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 spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection (EPA) 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. 2009-23 § 1]
This section shall be enforced by the Engineering and/or Building Departments of the Township of Fairfield.
[Ord. No. 2009-23 § 1]
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 $250 for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. No. 2009-23 § 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.