[Ord. No. 2179 § 130-2]
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its 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.
CAFRA PLANNING MAP
Shall mean the geographic depiction of the boundaries for
Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes
pursuant to N.J.A.C. 7:7E-5B.3.
COMPACTION
Shall mean the increase in soil bulk density.
CORE
Shall mean a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTRY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The County Review Agency may either be:
A County planning agency; or
A 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.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DESIGN ENGINEER
Shall mean 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.
DEVELOPMENT
Shall mean the division of a parcel of land into two (2)
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 means: 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 of Farm
Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving water-body
or to a particular point along a receiving water-body.
ENVIRONMENTALLY CRITICAL AREAS
Shall mean 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. Habitat of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Non-game Species
Program.
EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood designated by the Urban Coordinating
Council "in consultant and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
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.
INFILTRATION
Shall mean the process by which water seeps into the soil
from precipitation.
MAJOR DEVELOPMENT
Shall mean any "development" that provides for ultimately
disturbing one (1) or more acres of land or an increase of ten thousand
(10,000) square feet of additional impervious surface. Disturbance
for the purpose of this rule is the placement of impervious surface
or exposure and/or movement of soil or bedrock or clearing, cutting,
or removing of vegetation.
MUNICIPALITY
Shall mean any city, borough, town, township, or village.
NODE
Shall mean an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, the Borough of Garwood, 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.
POLLUTANT
Shall mean any dredged soil, 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, ground waters or surface waters
of the State, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
SEDIMENT
Shall mean 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
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material
of any origin.
STATE PLAN POLICY MAP
Shall be defined as 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
Shall mean 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 RUNOFF
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
Shall mean 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 MEASURE
Shall mean 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 non-stormwater discharges into
stormwater conveyances.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by
stormwater runoff from inland areas, but which is primarily caused
by the Atlantic Ocean.
URBAN ENTERPRISE ZONES
Shall mean 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
Shall be defined as previously developed portions of areas:
1.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
2.
Designated as CAFRA Centers, Cores or Nodes;
3.
Designated as Urban Enterprise Zones; and
4.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
Shall mean 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
Shall mean 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 standard soil conditions,
commonly known as hydrophytic vegetation.
[Ord. No. 2179 § 130-11]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this chapter shall be subject to the following penalties: A fine of
up to one thousand five hundred ($1,500.00) dollars or imprisonment
for up to ninety (90) days, or both; each day that a violation continues
shall be deemed a separate violation.
[Ord. No. 2311]
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. 2311]
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies 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 storm-water
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 water bodies. 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. 2311]
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, twenty-five (25) feet in width,
adjacent to any water body.
COMMERCIAL FARM
Shall mean a farm management unit producing agricultural
or horticultural products worth two thousand five hundred ($2,500.00)
dollars 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
liming 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.
WATER BODY
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 2311]
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 water body.
d. Apply fertilizer more than fifteen (15) days prior to the start of
or at any time after the end of the recognized growing season. The
growing seasons are identified as follows: Zones 5b and 6a (northwestern
New Jersey) - March 15 to October 31; Zone 6b (northeastern, central
and part of southern New Jersey) — March 1 to November 15.
[Ord. No. 2311]
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. Application of phosphorus
fertilizer that delivers liquid or granular fertilizer under the soils
surface, directly to the feeder roots. Application of phosphorus fertilizer
to residential container plantings, flowerbeds, or vegetable gardens.
[Ord. No. 2311]
This section shall be enforced by the Engineer, Superintendent
of Public Works, Code Enforcement Officer, Health Office or Police
Department of the Borough of Roselle Park.
[Ord. No. 2311]
Any person(s) found to be in violation of the provisions of
this section shall be subject to a fine not to exceed one thousand
two hundred fifty ($1,250.00) dollars.
[Ord. No. 2312]
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 Roselle Park so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2312]
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 Roselle 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 storm-water
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 groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2312]
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:
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
31-13.4 below prior to the completion of the project.
[Ord. No. 2312]
Storm drain inlets identified in subsection
31-13.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection
31-13.4c 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 inch 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 inch.
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. 2312]
This section shall be enforced by the Engineer, Superintendent
of Public Works, Code Enforcement Officer, Health Office or Police
Department of the Borough of Roselle Park.
[Ord. No. 2312]
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 one thousand
two hundred fifty ($1,250.00) dollars for each storm drain inlet that
is not retrofitted to meet the design standard.
[Ord. No. 2313]
The purpose of this section is to require 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 municipal separate storm sewer system(s) operated
by the Borough of Roselle Park 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. 2313]
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 Roselle 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, and 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. 2313]
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 Roselle
Park.
[Ord. No. 2313]
This section shall be enforced by the Engineer, Superintendent
of Public Works, Code Enforcement Officer, Health Office or Police
Department of the Borough of Roselle Park.
[Ord. No. 2313]
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 one thousand
two hundred fifty $1,250.00) dollars.