[Ord. #2005-1375 § 3; Ord. #2010-1560]
The purpose of this section is to establish requirements to
control littering in Bernardsville Borough so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
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.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
The provisions of this section shall be enforced by the Code
Enforcement Officer, the Board of Health and the Police Department
of Bernardsville Borough.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
[Ord. #2005-1375 § 2; Ord. #2010-1560]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Bernardsville, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. #2005-1372 § 2; Ord. #2010-1560]
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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean all animals that are neither human nor domesticates.
[Ord. #2005-1375 § 2; Ord. #2010-1560]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Bernardsville, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. #2005-1375 § 2; Ord. #2010-1560]
[Ord. #2005-1375 § 2; Ord. #2010-1560]
[Ord. #2005-1375 § 3; Ord. #2010-1560]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Bernardsville, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
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.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing State, County or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
Shall mean leaves and grass clippings.
[Ord. #2005-1375 § 3; Ord. #2010-1542 § 1;
Ord. #2010-1560]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during scheduled and announced fall collections, and shall not be
placed closer than 10 feet from any storm drain inlet. Placement of
such yard waste at the curb or along the street at any other time
or in any other manner is a violation of this section. Each day that
the yard waste remains shall be deemed a new violation of this section.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
The provisions of this section shall be enforced by the Code
Enforcement Officer and the Bernardsville Police Department.
[Ord. #2005-1375 § 3; Ord. #2010-1560]
[Ord. #2005-1375 § 5; Ord. #2010-1560]
The purpose of this section is to establish requirements for
the proper handling of yard waste in Bernardsville Borough, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. #2005-1375 § 5; Ord. #2010-1560]
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.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and grass clippings.
[Ord. #2005-1375 § 5; Ord. #2010-1560]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. #2005-1375 § 5; Ord. #2010-1560]
The provisions of this section shall be endorsed by the Code
Enforcement Officer, the Borough Police Department and the Sanitation
Officer.
[Ord. #2005-1375 § 5; Ord. #2010-1560]
Any person who violates the provisions of this section shall, upon conviction, be liable to the penalties stated in Section 1-5 of this Code.
[Ord. #2005-1375 § 6; Ord. #2010-1560]
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. 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.
Shall mean waste and wastewater from humans or household
operations.
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 Borough of Bernardsville, 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.
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)).
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 Bernardsville Borough or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean a permit issued 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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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. #2005-1375 § 6; Ord. #2010-1560]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Bernardsville any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #2005-1375 § 6; Ord. #2010-1560]
The provisions of this section shall be endorsed by the Code
Enforcement Officer, the Borough Police Department and the Sanitation
Officer.
[Ord. #2005-1375 § 6; Ord. #2010-1560]
[Ord. #09-1521 § 1; Ord. #2010-1560]
The purpose 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. #09-1521 § 1; Ord. #2010-1560]
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 excess 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 farms is needed to address this potential source of excess
nutrient load to waterbodies. Commercial farms 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. #09-1521 § 1; Ord. #2010-1560]
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.
Shall mean the land area 25 feet in width, adjacent to any
waterbody.
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
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.
Shall mean shaded area shown on attached Fertilizer Area Map, prepared by Ferriero Engineering, Inc., dated September, 2009, which is attached hereto and incorporated herein by reference. (The map referred to herein is included as an attachment to this chapter.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. #09-1521 § 1; Ord. #2010-1560]
No person may do any of the following in the Fertilizer Management
Area:
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 (March 1 through
November 15).
[Ord. #09-1521, § 1; Ord. #2010-1560]
No person may do the following in the Fertilizer Management
Area:
a.
Apply phosphorus fertilizer in outdoor areas.
b.
Exceptions.
1.
Application of phosphorus fertilizer needed for:
2.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3.
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
[Ord. #09-1521, § 1; Ord. #2010-1560]
This section shall be enforced by the Code Enforcement Officer.
[Ord. #09-1521, § 1; Ord. #2010-1560]
[Ord. #2010-1560]
This section requires 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 Bernardsville so as to
protect public health, safety and welfare, and prescribes penalties
for the failure to comply. In order to facilitate the upgrading of
storm drain inlets, the Borough will maintain a list of suppliers
in the area which keep inlet grates and compliant ECO heads in stock.
[Ord. #2010-1560]
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.
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 Bernardsville Borough or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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. #2010-1560]
No 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:
[Ord. #2010-1560]
Storm drain inlets identified in subsection 22-7.3 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 22-7.4c below.
a.
Property owners 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 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 property owners used 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 7.0 square inches, or be no greater than 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:
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 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. #2010-1560]
This section shall be enforced by the Zoning Officer, Code Enforcement
Officer, Public Works Manager and Borough Engineer or his duly authorized
representative.
[Ord. #2010-1560]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties shall be in Section 1-5 of this Code. Each storm drain inlet that is not retrofitted to meet the design standard shall be considered a separate offense.
[Ord. #2010-1560]
This section requires 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 Bernardsville
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. #2010-1560]
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.
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 Chester Borough or other public body, and is designed
and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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. #2010-1560]
a.
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.
b.
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 Bernardsville.
[Ord. #2010-1560]
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. #2010-1560]
This section shall be enforced by the Borough's contractual
health agency, the Code Enforcement Officer and the Borough Police
Department.
[Ord. #2010-1560]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a penalty in accordance with Section 1-5 of the Revised Ordinances of the Borough of Bernardsville. Each day in which a violation exists shall be considered to be a separate offense.
