[Ord. No. 498 Preamble]
The State of New Jersey has enacted the New Jersey State Uniform Construction Code, New Jersey Administrative Code: Title 5, Chapter
23, as the sole regulatory scheme governing construction in the State of New Jersey. The New Jersey State Uniform Construction Code adopts and incorporates, by reference, in whole or in part, the International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code and various related subcodes. The New Jersey State Uniform Construction Code provides for enforcement of its provisions in a unified fashion at the municipal, inter-local and State levels. The Borough of Mantoloking seeks to establish a municipal enforcement agency for enforcement of the Uniform Construction Code; and the Borough seeks to appoint local, county and State employees to serve as code enforcement officials.
[Ord. No. 498 § 1; Ord. No. 558]
There is hereby established in the Borough of Mantoloking a
State Uniform Construction Code enforcing agency, consisting of a
Construction Official, Building Subcode Official, Electrical Subcode
Official, Plumbing Subcode Official and Fire Subcode Official, each
to enforce the relevant portions of the State Uniform Construction
Code. The New Jersey Department of Community Affairs shall enforce
the Elevator Subcode.
[Ord. No. 498 § 2]
Each official position created in subsection
13-1.2 shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23-4.5(a). More than one (1) such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, c. 217 and N.J.A.C. 5:23 to hold each such position.
[Ord. No. 498 § 3; Ord. No. 558]
The Borough may, by resolution, appoint Code Enforcement Officials,
i.e. Construction, Building Subcode, Electrical Subcode, Plumbing
Subcode and Fire Subcode Officials. The Department of Community Affairs
is hereby appointed to serve as the Elevator Subcode Official.
The adoption of this Ordinance No. 558, codified herein, shall
not be construed to modify the term of office of incumbent officials.
The Borough may, from time-to-time, contract with one (1) or more
private on-site inspection and plan review agencies.
Acting appointments to the position of Construction Official
or Subcode Official (individually or as employees of private on-site
inspection services) may be made by resolution, in the public interest
in accordance with and subject to law.
[Ord. No. 498 § 4]
The public shall have the right to do business with the enforcing
agency at one (1) office location, except for emergencies and unforeseen
or unavoidable circumstances. The office location shall be the Mantoloking
Borough Hall, Downer Avenue, Mantoloking, New Jersey 08738.
[Ord. No. 498 § 5]
The Borough of Mantoloking declines to appoint a board of appeals
to hear appeals from decisions of the officials identified in this
section. Jurisdiction of appeals shall be within the jurisdiction
of the County of Ocean, State of New Jersey.
[Ord. No. 558; Ord. No. 563; Ord. No.
602; Ord. No. 613; Ord. No. 2014-637; Ord. No. 646-2015; Ord. No. 665-2017; Ord. No. 674-2017]
Building Volume or Cost: The fees for new construction or alteration
are as follows:
a. Fees for new construction shall be based upon the volume of the structure.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The
new construction fee shall be in the amount of $0.035 per cubic foot
of volume for buildings and structures of all use groups and types
of construction as classified and defined in Articles 3 and 4 of the
Building Subcode; except that the fee shall be $0.035 per cubic foot
of volume for use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2.
b. Renovation/Alteration Fees.
1.
|
Minimum Fee — Any Building Technical
|
$75.00
|
2
|
Renovation/Alteration:
|
Per $1,000.00 of cost:
|
$1.00 to $50,000.00
|
$30.00
|
$50,000.00 to $100,000.00
|
$30.00
|
Over $100,000.00
|
$30.00
|
For the purpose of determining estimated cost, the applicant
shall submit to the Construction Official such cost data as may be
available produced by the architect or engineer of record, or by a
recognized estimating firm, or by the contractor. A bona fide contractor's
bid if available shall be submitted. The Construction Official shall
make the final decision regarding estimated cost.
|
c. Fees for additions shall be computed on the same basis as for new
construction for the added portion.
d. Fees for combination renovations and additions shall be computed
separately in accordance with items (a) and (b) above.
[New; Ord. No. 558; Ord. No. 563; Ord. No.
602; Ord. No. 2014-637; Ord. No. 646-2015; Ord. No. 665-2017]
Plumbing Fixtures and Equipment: The fees shall be as follows:
a. For fixtures, pieces of equipment, hosebibs, vents, appliances connected
to the plumbing system, and for appliances connected to the gas or
oil piping system, except as listed in paragraph b below, $20.00 for
each.
b. Per specific device for the following:
1. Grease traps, oil separators, water cooled air conditioning units,
refrigeration units, utility service connections, backflow preventers
equipped with test ports (double check valve assembly, reduced pressure
zone and pressure vacuum breaker backflow preventers), steam boilers,
hot water boilers (excluding those for domestic water heating), gas
or fuel oil piping, sewer pumps, and interceptors: $75.00
Minimum fee: $75.00
c. Fuel Fired Appliances — Residential Only: $95.00
[New; Ord. No. 558; Ord. No. 563; Ord. No.
602; Ord. No. 2014-637; Ord. No. 646-2015; Ord. No. 665-2017]
Fire Protection and Other Hazardous Equipment. Sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas
and oil fired appliances not connected to the plumbing system, kitchen
exhaust systems and flues:
a. The fee for sprinkler heads or detectors shall be as follows:
1 to 10 devices
|
$50.00
|
11 to 20 devices
|
$100.00
|
21 to 100 devices
|
$150.00
|
101 to 200 devices
|
$250.00
|
More than 200 devices
|
$750.00
|
In computing fees for heads and detectors, the number shall
be counted separately and two (2) fees, one (1) for heads and one
(1) for detectors shall be charged.
|
b. The fee for each standpipe shall be: $250.00
c. The fee for each independent pre-engineered system shall be: $125.00
d. The fee for each gas or oil fired appliance which is not connected
to the plumbing system shall be: $ 75.00
e. The fee for each kitchen exhaust system shall be: $ 85.00
f. The fee for the installation of fuel tanks shall be:
Capacity under 600 gallons
|
$100.00
|
Capacity over 600 gallons
|
$125.00
|
g. Gas fired appliances (commercial only): $75.00
Minimum fee: $60.00
h. Minimum Fee-Fire Subcode: $75.00
[Ord. No. 558; Ord. No. 563; Ord. No.
602; Ord. No. 2014-637; Ord. No. 646-2015; Ord. No. 665-2017]
The fee shall be as follows:
a. The fees for outlets (including lighting, wall switches, fluorescent
fixtures, convenience receptacles or similar fixtures, and motors
or devices of less than one (1) horsepower or one (1) kilowatt shall
be as follows:
Outlets 1 to 50 devices
|
$70.00
|
Each additional 25 devices
|
$15.00
|
Minimum fee
|
$75.00
|
b. The fees for service panels shall be as follows:
1 to 200 amps
|
$70.00
|
201 to 1000 amps
|
$100.00
|
More than 1000 amps
|
$500.00
|
c. The fees for transformers or generators shall be as follows:
1 kW to 10 kW
|
$15.00
|
11 kW to 45 kW
|
$50.00
|
46 kW to 112 kW
|
$100.00
|
More than 112 kW
|
$500.00
|
d. The fees for motors, except those in plug-in appliances, shall be
counted, including control equipment, generators, transformers and
all heating, cooking or other devices consuming or generating electric
current shall be as follows:
1 hp to 10 hp
|
$15.00
|
11 hp to 50 hp
|
$50.00
|
51 hp to 100 hp
|
$100.00
|
More than 100 hp
|
$300.00
|
e. The fee for swimming pools shall be as follows:
f. The fee for each of the following items shall be $15.00:
Electric heater
|
Surface units
|
Dishwasher
|
Heat pump
|
Hot tubs/jacuzzi
|
Gas/oil heaters
|
Electric dryer
|
Hot water heater
|
Range
|
Commercial exhaust fans
|
Oven
|
|
g. The fees for air conditioner feeders and disconnects shall be: $35.00
[Ord. No. 558; Ord. No. 563; Ord. No.
602; Ord. No. 2014-637; Ord. No. 646-2015]
a. Plan Review Fee. The fee for plan review shall be 20 percent of the
amount to be charged for a new construction permit.
1. Amended Plan Review: $60/hr. ($60.00 minimum fee)
b. The basic construction fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and equipment, the number of electrical fixtures
and devices, and the number of sprinklers, standpipes, and detectors
(smoke and heat) at the unit rates provided herein plus any special
fees.
c. Certificates and Other Permits. The fees are as follows:
1. The fee for a demolition or removal permit including tanks, shall
be $200.00 for a structure of less than 5,000 square feet in area
and less than 30 feet in height, for one or two family residences
(Use Group R-3 of the Building Subcode), and structures on farms including
commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $200.00
for all other Use Groups.
2. The fee for a Certificate of Occupancy shall be $150.00.
3. The fee for a temporary certificate of occupancy shall be $30.00.
Except where the full certificate of occupancy is paid at the time
of the initial issuance of the temporary certificate.
4. The fee for a renewal of a temporary certificate shall be $25.00.
5. For cross connections and backflow preventers that are subject to
testing and require reinspection, the fee shall be $75.00 for each
device when they are tested.
6. The fee for each construction permit issued for an asbestos abatement
project shall be $100.00.
7. The fee for each Certificate of Occupancy issued following the successful
completion of an asbestos abatement project shall be $50.00.
8. The fee for a permit for a lead hazard abatement project shall be
$150.00.
9. The fee for a Lead Abatement Clearance Certificate shall be $50.00.
10. Continued Certificate of Occupancy: $150.00.
11. Fee for variation: $150.00.
[Ord. No. 563; Ord. No. 602; Ord. No.
2014-637; Ord. No. 646-2015; Ord. No. 665-2017]
All construction permit fees which are not specifically amended
by the amendatory schedules provided by Ord. No. 646-2015 shall remain
in full force and effect.
[Ord. No. 563; Ord. No. 602]
This section shall be effective upon final adoption.
[Ord. No. 187 § 1]
As used in this section:
BUILDING
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
Shall mean the holder or holders of title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
PUBLIC AUTHORITY
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough,
County or State relating to health, fire, building regulations, or
to other activities concerning buildings in the Borough.
PUBLIC OFFICER
Shall mean the officer, officers, board or body or such officer
as may be appointed at the pleasure of the Council who is or are authorized
by Ordinance to exercise the powers prescribed by this section.
[Ord. No. 187 § 2]
The Chairman of the Borough Board of Health, hereinafter designated
the "Public Officer"; is hereby designated and appointed to exercise
the powers prescribed by this section.
[Ord. No. 187 § 3]
Whenever a petition is filed with the Public Officer by a public
authority or by at least five (5) residents of the Borough charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Public Officer on his own motion that
any building is unfit for human habitation or occupancy or use, the
Public Officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Public Officer, or his designated agent, at a place
therein fixed not less than ten (10) days nor more than thirty (30)
days after the serving of the complaint; that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony at the place
and time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Public
Officer.
[Ord. No. 187 § 4]
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
a. Requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time, which time shall be
set forth in the order or, at the option of the owner, to vacate or
have the building vacated and closed within the times set forth in
the order; and
b. If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
[Ord. No. 187 § 5]
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Public Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed; and the Public Officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
[Ord. No. 187 § 6]
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[Ord. No. 187 § 7]
The amount of:
a. The cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges, incurred in the course of any
proceeding taken under this act determined in favor of the Borough;
and
b. Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a Borough lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Public Officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition the proceeds of any sale of
materials or any sum derived from any contract for the removal or
demolition of the building. If there are no such credits or if the
sum total of such costs exceeds the total of credits, a detailed statement
of the costs and the amount due shall be filed with the Borough Tax
Assessor and a copy thereof shall be forwarded to the owner by certified
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the Public Officer,
shall be secured in such manner as may be directed by the Court, and
shall be disbursed according to the Order or Judgment of the Court
to the persons found to be entitled thereto by final Order or Judgment
of such Court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the Borough
to define and declare nuisances and to cause their removal or abatement
by summary proceedings or otherwise. Any owner or party in interest
may, within sixty (60) days from the date of the filing of the lien
certificate, proceed in a summary manner in the Superior Court to
contest the reasonableness of the accuracy of the costs set forth
in the Borough lien certificate.
[Ord. No. 187 § 8]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough; such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness, disease,
rodent infestation and other hazards to health or safety.
[Ord. No. 187 § 9]
Complaints or orders issued by a Public Officer pursuant to
this section shall be served upon the owner or parties in interest
either personally or by certified mail; but, if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
Public Officer in the exercise of reasonable diligence, then the Public
Officer shall make an affidavit to that effect. The serving of such
complaint or order upon such persons may be made by publishing the
same once each week for two (2) successive weeks in a newspaper printed
and published in the Borough, or, in the absence of such newspaper,
in one printed and published in the County and circulating in the
Borough. A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or lodged for record with
the County Recording Officer.
[Ord. No. 187 § 10]
Any person aggrieved by an order issued by a Public Officer
under this act may, within sixty (60) days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The Court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Officer.
[Ord. No. 187 § 11]
The Public Officer shall also be authorized to exercise such
powers as may be necessary to carry out and effectuate the purposes
and provisions of this section:
a. To investigate the condition of the buildings in the Borough in order
to determine which buildings therein are unfit for human habitation
or occupancy or use;
b. To administer oaths, affirmations, examine witnesses and receive
evidence;
c. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the section; and
d. To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. No. 187 § 12]
Annually, the Borough Council shall prepare an estimate of the
expenses or costs to provide the equipment, personnel and supplies
necessary for periodic examinations and investigation of the buildings
in the Borough for the purpose of determining the fitness of such
buildings for human habitation or occupancy or use and for the enforcement
and administration of this section.
[Ord. No. 187 § 13]
Nothing in this section shall be construed to abrogate or impair
the powers of the Courts or of any other Borough Department to enforce
any provisions of its Charter or other Borough ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred by any other law.
[Ord. No. 325 § 1]
a. The owner or occupant of each improved property within the Borough
shall clearly affix legible identification numerals displaying the
street address number of the property at such location upon the lot
as will be readily visible and legible from the adjacent curbline.
b. The placement elevation of the identification numerals shall be not
less than two (2) feet or greater than eight (8) feet above the immediately
adjoining finished grade elevation of the property.
c. Numerals shall be not less than two (2) inches in height and shall
be contrasting in color to the surface upon which they are affixed.
d. Any owner or occupant who violates any provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter
1, Section
1-5. Each day of the violation, after notice, shall constitute a separate offense.
e. This section shall be enforced by members of the Police Department,
the Land Use Officer or upon complaint of any resident.
[Ord. No. 588 § 1]
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 prohibiting 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 Mantoloking 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. 588 § 2]
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 Mantoloking 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 ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 588 § 3]
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 Mantoloking.
[Ord. No. 588 § 4]
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 curbside for pickup).
[Ord. No. 588 § 5]
This section shall be enforced by the Borough Superintendent
of the Borough of Mantoloking and/or such other person as may be appointed
by the Mayor and such appointee shall serve at the pleasure of the
Mayor.
[Ord. No. 588 § 6]
Any person or entity convicted of a violation of any provision
of this section shall be subject to a fine not to exceed one hundred
($100.00) dollars, for each violation.
[Ord. No. 589 § 1]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Mantoloking so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 589 § 2]
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 Mantoloking 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. 589 § 3]
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 subsection
13-9.4 below prior to the completion of the project.
[Ord. No. 589 § 4]
Storm drain inlets identified in subsection
13-9.3 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
13-9.4c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1. The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2. A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than two (2.0) inches
across the smallest dimension.
c. This standard does not apply:
1. Where the 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.
[Ord. No. 589 § 5]
This section shall be enforced by the Municipal Engineer and/or
the Land Use Official of the Borough of Mantoloking.
[Ord. No. 589 § 6]
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 hundred
($100.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.