[Ord. No. 6-26-06A § 1]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Fair Haven so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 6-26-06A § 2]
As used in this section:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Fair Haven or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STORMWATER
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. 6-26-06A § 3]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by Borough of
Fair Haven 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. 6-26-06A § 5]
This section shall be enforced by the Code Enforcement Officer
of the Borough of Fair Haven.
[Ord. No. 6-26-06A § 6]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 2011-02]
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 Fair Haven so as to protect public health, safety and welfare and
to prescribe penalties for the failure to comply.
[Ord. No. 2011-02]
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)
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 Fair Haven Borough or other public body, and is designed and used
for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of the State subject to municipal
jurisdiction.
STORM DRAIN INLET
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
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. 2011-02]
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:
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
23-2.4 below prior to the completion of the project.
[Ord. No. 2011-02]
Storm drain inlets identified in the subsection above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For the 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
23-2.4c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
storm water from that surface into a storm drain or surface water
body under that grate:
1. The New Jersey Department of Transportation (NJDOT) bicycle safety
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 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 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 this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or large 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 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 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. 2011-02]
This section shall be enforced by the Code Enforcement Office,
Department of Public Works and the Engineering Department of the Borough
of Fair Haven.
[Ord. No. 2011-02]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties outlined in §
1-5 of the Code of Fair Haven Borough.
[Added 11-12-2019 by Ord. No.
2019-13]
a. No person will discharge roof drains, area drains, yard drains or
sump pump drains into the public right-of-way, connect them to any
portion of the stormwater drainage system, or discharge them outside
of the public right-of-way in a manner to cause concentrated flow
into the public right-of-way without obtaining a permit.
b. A permit to discharge roof drains, area drains and other facilities,
which do not convey groundwater and only flow during immediately after
rainfall, into the public right-of-way or to connect them to the municipal
storm drainage system will be issued if the Borough Engineer determines
that:
1. No groundwater will be conveyed; and
2. No hazard to public health or safety will result; and
3. No damage to any public infrastructure or to any portion of the right-of-way
will result; and/or
4. All disturbed portions of the public infrastructure will be adequately
replaced or repaired.
c. A permit to discharge sump pump drains or other facilities which
convey groundwater into the public right-of-way or connect them to
the municipal drainage system is subject to the following:
1. No permit will be issued if:
(a) The Borough Council, on the advice from the Borough Engineer or other
Borough official(s), finds that the proposed discharge will create
significant, unacceptable public safety or public health issues; or
(b) The Borough Engineer determines that a reasonable alternative other
than discharge into the public right-of-way exists. Reasonable alternatives
include modifications of the system to reduce or eliminate the volume
of discharge and/or discharging into ponds, watercourses or landscaped
or natural areas on or adjacent to the property.
2. The Borough Engineer will only issue a permit subject to use of the
following options when available:
(a) Connection to a stormwater drainage system or adequate receiving
piping available or to be made available on or adjacent to any portion
of the permittee's property; or
(b) Connection to a stormwater drainage system or adequate receiving
piping available or to be made available not more than one property
away from the permittee's property which can be reached within
the public right-of-way without crossing a street; or
(c) Any other reasonably available alternative.
3. When issuing a permit to allow discharges into the public right-of-way
or a connection to the stormwater drainage system, the Borough Engineer
may designate the location of the discharge or connection.
d. Drains and sump pump discharges in the public right-of-way legally
existing on the date of adoption of this section may be continued
without a permit and will not constitute violations of this section
until:
1. The property owner is notified by the Borough Engineer that a permit
must be obtained for the existing discharge; and
2. One year elapses from the date of notice by the Borough Engineer
without the applicant obtaining a permit.
e. Permit fees shall be paid to the Borough as set forth in Subsection
2-56.4.