[Ord. No. 580-10]
The purpose of this Article 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 Cape May Point so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 580-10]
For the purpose of this Article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Article 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 Cape May Point or other public body,
and is designed and used for collecting and conveying stormwater.
NOTE: In municipalities with combined sewer systems: MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
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. 580-10]
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 Section
129-50 below prior to the completion of the project.
[Ord. No. 580-10]
Storm drain inlets identified in Section
129-49 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 Section
129-50c 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 waterbody
under that grate:
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
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:
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;
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:
1. Rectangular space four and five-eighths inches (4 5/8) long
and one and one-half (1 1/2) inches wide (this option does not
apply for outfall netting facilities); or
2. 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. 580-10]
This Article shall be enforced by the Code Enforcement Official,
Cape May City Police Department and/or other Borough Officials of
the Borough of Cape May Point.
[Ord. No. 580-10]
Any person(s) who is found to be in violation of the provisions
of this Article shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.