Borough of Haworth, NJ
Bergen County
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Table of Contents
Table of Contents
[1984 Code § 18-1]
As used in this chapter:
BOARD OF HEALTH
Shall mean the duly constituted Board of the Borough of Haworth.
BUILDING SEWER
Shall mean the extension from a building to the local collection lateral maintained by the Borough.
CLERK
Shall mean the Borough Clerk of the Borough of Haworth.
COLLECTOR OF TAXES
Shall mean the Collector of Taxes of the Borough of Haworth.
COMMERCIAL CONCERN
Shall mean any concern engaged in service, trade, traffic or commerce in general.
COUNCIL
Shall mean the Governing Body of the Borough of Haworth.
ENGINEER
Shall mean the person occupying the office in the Borough, the Borough Engineer.
HOUSE CONNECTION
Shall mean a type of building sewer and is the term used in N.J.S.A. 40:63-52 et seq.
INDUSTRIAL CONCERN
Shall mean any concern or business engaged in manufacturing or processing operations.
INDUSTRIAL WASTE
Shall mean the liquid wastes from industrial processes as distinct from sanitary sewage.
LOCAL COLLECTION LATERAL
Shall mean the public sewer provided by the Borough to which building sewers shall be connected.
PH
Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING SUBCODE OFFICER
Shall mean the person holding the proper State license. (See Chapter 12, Section 12-1)
PUBLIC SEWER AND MAIN SEWER
Shall mean the sewers laid longitudinally, along the centerline or other part of the street or other right-of-way in which all owners of the street abutting properties have equal rights and which is controlled by the Borough.
SEWER ENGINEER
Shall be meant to refer to such engineer or firm of engineers specifically assigned to design and consult with the Council with reference to all sewage concerns of the Borough.
SEWAGE
Shall mean any and all wastes from residences, business concerns, industrial concerns or any other source.
SEWER
Shall mean a pipe or conduit for carrying sewage.
SEWER SYSTEM
Shall mean the description of the Borough owned and maintained sewers, the sewage from which is delivered to the trunk lines of the Bergen County Sewer Authority.
[1984 Code § 18-2.1]
No connection of any kind shall be made to the public sewer until written application for a permit to make such connection has been presented to the Clerk, and permit granted pursuant to subsection 18-2.3 of this chapter.
[1984 Code § 18-2.2]
Such application connection shall be on a form provided by the Clerk and shall state the street and number of the premises to be connected, include a diagram showing locations of buildings and "as built" building sewer with dimensions, including location of clean-outs and all changes in elevation or direction. Such application shall be accompanied by a fee of $15. To secure any reinspection, the applicant shall pay a further fee of $5.
[1984 Code § 18-2.3]
The owner or a contractor shall install the house connection, building sewer, make connection to the local lateral sewer provided by the Borough under the supervision of the Plumbing Subcode Official and in accordance with the provisions of this chapter, the Plumbing Subcode Official and such other Statute, ordinance, rule or regulation as may be applicable. Any plumbing work necessary inside of the building must be done by a duly licensed plumber, who may perform such work under the same permit as the owner or contractor installing such building connection.
[1984 Code § 18-3.1]
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the applicant, owner. Any contractor performing the work required under the provisions of this chapter in the Borough shall post with the Borough Clerk a cash deposit or performance bond in the sum of $1,000 to guarantee satisfactory workmanship of the work required by permits issued for his performance. Such bond shall be returned upon the expiration of three months from the date of the last work performed by the Borough. Any contractor who engages in the business of installing building sewer connections shall also post with the Borough a certificate of liability insurance in an amount not less than $300,000.
[1984 Code § 18-3.2]
A separate and independent connection to the local connection lateral shall be provided for every building.
[1984 Code § 18-3.3]
Existing private sewers may be used for connection to the local collection lateral only when they are found on examination and test by the Plumbing Subcode Official to meet all the requirements of this and all other ordinances of the Borough and Board of Health.
[1984 Code § 18-3.4]
In the event connection to a public sewer can only be effected by connection to a sewer system of another municipality, the requirements of such municipality shall govern.
[1984 Code § 18-3.5]
The owner of any building used for human occupancy, employment, recreation or other purpose in the Borough shall, at the owner's expense, install toilet facilities therein and connect same to the local collection lateral as required by this chapter or any other ordinance of the Borough or the Board of Health within 30 days after notice from the Board of Health or Borough to do so.
[1984 Code § 18-3.6]
If a local collection lateral has been previously installed to the property line to permit connection, no additional charge shall be made by the Borough, but if the connection applied for requires the construction of a local collection lateral to such property line, it shall be the responsibility of the property owner to provide the connection at his own expense, subject to all necessary permits and inspections, and under the supervision of the Plumbing Subcode Official.
[1984 Code § 18-4.1; Ord. No. 691 § 2]
a. 
All permits for connection to the local collection lateral are given on the condition that the owners of the property served assume all risk of damages that may result from water getting into the premises from the public sewers. Any drain subject of backflow or back pressure may be equipped with an approved back water valve as specified by the owner.
b. 
The owners of the premises in the Borough shall be responsible for the clearance of any and all stoppages and for the proper maintenance, repair and replacement of all building sewers, house connections, and local collection laterals between the building and main sewer or public sewer. In the event of stoppage in the sewer the owner or occupant shall immediately notify the Superintendent of Public Works, who shall make an inspection of the sewer. If the main sewer is obstructed it shall be the responsibility of the Borough to remove the obstruction. If the main sewer is not obstructed, the Superintendent shall so advise the owner or occupant of the premises and the owner or occupant shall then be responsible to remove the obstruction in the building sewer house connection or local collection lateral.
[1984 Code § 18-4.2]
No building sewer shall be less than four inches nor more than six inches internal diameter. Each such building sewer shall be laid on a straight line, if possible, and on an even grade. The grade of a building sewer shall not be flatter than 2%, but in every case subject to the judgment of the Plumbing Subcode Official.
[1984 Code § 18-4.3]
All materials and construction procedures for all building sewers connecting to the local collection lateral shall be extra heavy cast iron soil pipe to comply with the applicable specifications as given in the State Uniform Construction Code. Neoprene gaskets shall be permitted for joining the cast iron pipe. Clean-outs shall be provided at the property line lateral connection, at the building connection, at every change in elevation and change in direction. On straight runs clean-outs shall be provided every 50 feet. All clean-outs shall have risers brought up to grade.
[1984 Code § 18-4.4]
No building sewer shall be covered until so ordered by the Plumbing Subcode Official. Any part of the work may be exposed on order of the Plumbing Subcode Official in the event it shall be covered before examination. Backfilling around a building sewer shall be executed so as not to injure the joints of the pipes.
[1984 Code § 18-4.5]
a. 
No washings from vehicles of any type shall be admitted to the sewer system.
b. 
No gasoline, naptha, oil or other explosive or flammable material or acids shall be permitted to enter into any sanitary sewer.
[1984 Code § 18-4.6]
Steam exhausts shall not discharge into the sewer system; and no blow-off from boilers or from steam heating plants shall be directly connected therewith, but shall in every case discharge into a tank of suitable size from which a trapped overflow may lead to the sewer. No refrigerator or air conditioning water shall be allowed to discharge into the sewer system.
[1984 Code § 18-4.7]
No storm water from roof or any other area shall be permitted to enter the building sewer. Subsoil water from any cellar or other area shall not be permitted to enter the building sewer. No cesspool or septic tank shall be allowed to discharge into the sewer system.
[1984 Code § 18-4.8]
No person shall discharge any of the following wastes into the public sewer system.
a. 
Any liquid or vapor having a temperature higher than one hundred fifty (150°) degrees Fahrenheit.
b. 
Any waste which contains more than 100 parts per million, by weight, of fat, oil or grease.
c. 
Any form of garbage.
d. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood or any other solid or viscous substance capable of causing obstruction to the flow in sewers.
e. 
Any waters or wastes having a pH lower than six or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer works.
f. 
Any wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to human or animals, or create any hazard in the receiving waters of the sewage treatment plant.
g. 
Any wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such matters at the sewage treatment plant.
h. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
i. 
Any wastes prohibited by the Bergen County Sewer Authority.
[1984 Code § 18-5; Ord. No. 691 § 3]
The Plumbing Subcode Official, Sewer Engineer, Borough Engineer, or Manager of Public Works or their agents or designees shall be permitted to enter upon all lands for the purpose of inspection, observation, measurement, sampling and testing at any reasonable hour to determine compliance with the provisions of this chapter.
[1984 Code § 18-6.1]
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property with the Borough, any human or animal excrement or other sewage.
[1984 Code § 18-6.2]
It shall be unlawful to discharge any sewage or other polluted waters, except as herein provided.
[1984 Code § 18-6.3]
It shall be unlawful for any person to break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewer system.
[1984 Code § 18-7.1]
All permits, deposits, bonds, inspection approvals, etc. referred to in this chapter shall be in addition to any such items now or hereafter required by the Borough, and each failure to comply fully with the terms of this chapter shall constitute a separate and distinct offense.
[1984 Code § 18-7.2]
Upon failure of the owner to install toilet facilities and to make the sewer connection provided in subsection 18-3.5, the Borough may cause such installation or connection be made and assess the cost thereof as a first and paramount lien against the property in accordance with the provisions of N.J.S.A. 40:63-52 et seq.
[1984 Code § 18-8.1]
Whereas, the Federal government has enacted and amended the Federal Water Pollution Control Act, now known as the Federal Clean Water Act (33 U.S.C. 1150 et seq.); and the Bergen County Utilities Authority has enacted Rules and Regulations, as required by the Federal Clean Water Act incorporating an industrial cost recovery system, a user charge system, and regulations pertaining to the use of sanitary sewers.
The Borough of Haworth is within the district serviced by the Bergen County Utilities Authority and has contracted with the Bergen County Utilities Authority for the removal and treatment of the wastewater contained within the sanitary sewers operated and maintained by it will conform to the best sanitary engineering practices and comply with the requirements of the Federal Clean Water Act.
[1984 Code § 18-8.2]
The use of all sanitary sewers of the Borough shall be in compliance with the Rules and Regulations enacted by the Bergen County Utilities Authority.
[1984 Code § 18-8.3]
The Borough of Haworth hereby adopts and enacts the user charge system and industrial cost recovery system contained in the Rules and Regulations of the Bergen County Utilities Authority, and authorize their immediate implementation by the appropriate municipal official, to be designated by resolution of the Governing Body.
[1984 Code § 18-8.4]
Not fewer than three copies of the Rules and Regulations of the Bergen County Utilities Authority have been and are filed in the office of the Clerk of the Borough and are available for public inspection during normal business hours.
[1984 Code § 18-8.5]
Copies of the Rules and Regulations of the Bergen County Utilities Authority can be obtained from the Bergen County Utilities Authority for the cost of publication.
[Ord. No. 691 § 4; New]
A person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 869 § 18-10.1]
The Mayor and Council hereby declares its intent to regulate and control the flow of any ground or surface waters except sanitary sewer waters into its sanitary sewer system. It is the intent of this section to prevent ground waters, surface waters and any other waters from directly entering the sanitary system owned by the Borough of Haworth by means of sump pumps, storm drains or any other devices, and to provide penalties for the violations of same.
[Ord. No. 869 § 18-10.2]
No person shall connect, or allow to be connected, any sump pump, drain or any other mechanical device which shall directly discharge non-sanitary sewage waters directly into the municipal sanitary sewer system of the Borough of Haworth.
[Ord. No. 869 § 18-10.3]
Whenever it is necessary for a property owner to obtain a Certificate of Occupancy or a Continued Certificate of Occupancy for any building and/or there is a transfer of any ownership of any residential or commercial building, the Plumbing Subcode Official shall be required to perform the following duties and acts. Upon application for a Certificate of Occupancy or Continued Certificate of Occupancy, the Plumbing Subcode Official shall inspect the subject premises, within 10 days, excluding weekends and holidays, in order to determine whether any sump pumps, drains or other mechanical devices are discharging any waters directly into the sanitary sewer system owned by the Borough of Haworth. In the event that the Plumbing Subcode Official determines that there is such discharge, the Plumbing Subcode Official shall issue a notice of violation in accordance with subsection 18-10.6, and no Certificate of Occupancy or Continued Certificate of Occupancy shall be issued for the property until the condition is removed. Upon the inspection of such dwelling, the Plumbing Subcode Official shall prepare and sign an appropriate affidavit indicating that the inspection has been made, and the results of the inspection, and shall file same with the Borough Clerk.
[Ord. No. 869 § 18-10.4]
For the purpose of administering and enforcing this section, any duty authorized officer, agent or employee of the Borough shall have the right to enter into and upon any lands for which an application has been filed and may examine and inspect such lands.
[Ord. No. 869 § 18-10.5]
The Plumbing Subcode Official is hereby designated as the Enforcement Officer.
[Ord. No. 869 § 18-10.6]
In the event that the owner or occupant of any real property in the Borough of Haworth violates any provision of this section, the Plumbing Subcode Official shall give notice of the violation to the property owner and shall direct the property owner to correct the violation when 30 days thereof, in the event that the property owner fails to comply with the notice of violation and order of the Plumbing Subcode Official, the property owner shall be deemed to be in violation of this section.
[Ord. No. 869 § 18-10.7]
Any person violating any of the provisions of this section shall, upon conviction thereof in the Municipal Court of the Borough of Haworth, be subject to a penalty not exceeding $500 or to community service for a period not exceeding 90 days.
[Ord. No. 916 § 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 Haworth, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. This section is adopted in accordance with the New Jersey Municipal Stormwater Regulation Program, in order to implement the Best Management Practices required by the Tier A. Municipal Stormwater General Permit issued to the Borough of Haworth by the New Jersey Department of Environmental Protection.
[Ord. No. 916 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Haworth and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 916 § 1]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Haworth 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. 916 § 1]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
c. 
Air-conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 916 § 1]
The provisions of this section shall be enforced by the Haworth Police Department and the Haworth Board of Health.
[Ord. No. 916 § 1]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall, upon conviction thereof, be punished for a first offense by a fine of not less than $25 nor more than $100, as determined by the Municipal Court Judge. For a second or subsequent offense, a fine of not less than $50 nor more than $500, shall be imposed. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.
[Ord. No. 915 § 1]
The purpose of this section is to prohibit illicit connections to the municipal storm sewer system operated by the Borough of Haworth, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. This section is adopted in accordance with the New Jersey Municipal Stormwater Regulation Program, in order to implement the Best Management Practices required by the Tier A. Municipal Stormwater General Permit issued to the Borough of Haworth by the New Jersey Department of Environmental Protection.
[Ord. No. 915 § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Haworth, unless that discharge is authorized under NJPDES permit other than the Tier A. Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Haworth or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
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.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 915 § 1]
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 Haworth any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 915 § 1]
The provisions of this section shall be enforced by the Haworth Police Department and the Building Inspector.
[Ord. No. 915 § 1]
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall, upon conviction thereof, be punished for a first offense by a fine of not less than $100, no more than $250 as determined by the Municipal Court Judge. For a second or subsequent offense, a fine of not less than $200 nor more than $500, shall be imposed. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.
[Ord. No. 11-02]
The purpose of this section is to require that all dumpsters and other refuse containers that are outdoors or exposed to stormwater be covered, to prohibit the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system operated by the Borough of Haworth and/or the waters of the State of New Jersey so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 11-02]
For the purpose of this section, the following terms, phrases, words and their derivatives shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Haworth or other public body, and is designated 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. 11-02]
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 operated by the Borough of Haworth.
[Ord. No. 11-02]
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. 11-02]
This section shall be enforced by the Police Department and/or the Construction Code Official of the Borough of Haworth.
[Ord. No. 11-02]
Any person who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each offense.
[Ord. No. 11-01]
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 operated by the Borough of Haworth so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 11-01]
For the purpose of this section, the following terms, phrases, words and their derivatives shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Haworth or other public body, and is designated 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.
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. 11-01]
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 18-14.4 below prior to the completion of the project.
[Ord. No. 11-01]
Storm drain inlets, identified in subsection 18-14.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see subsection 18-14.4c 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 diameter.
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 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. 11-01]
This section shall be enforced by the Police Department and/or the Construction Code Official of the Borough of Haworth.
[Ord. No. 11-01]
Any person who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each offense.