[Adopted 9-14-2010 by Ord. No. 1331 (Ch.
107, Art. II, of the 1966 Code)]
Consistent with the requirements of the NJPDES Municipal Stormwater
Regulation Program, it is the purpose of this article 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 in order to prevent the discharge
of solids and floatables (such as plastic bottles, cans, food wrappers
and other litter) into the Borough storm sewer system(s) operated
by the Borough of Montvale so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply
therewith.
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.
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 Montvale or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
A.
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:
B.
Failure to comply with the requirements
of this section shall be deemed a violation of this article.
A.
Storm drain inlets identified
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 below.
B.
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
square inches, or is no greater than 0.5 inch across the smallest
dimension.
(3)
Examples:
(a)
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.
(b)
Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
C.
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. This
standard does not apply:
(1)
Where the Borough 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 historic designation of any of the places
listed in the New Jersey List of Historic Places.
