[Ord. No. 12-10 § I]
The purposes of this section requiring 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, are: 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 Pompton Lakes; to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[New; Ord. No. 12-10 § II]
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 Pompton Lakes or other public body, and is designed and used for collecting and conveying stormwater. In such event as the municipality may have a combined sewer system, the following shall apply: 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. No combined sewer systems are allowed in the Borough.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
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
Means 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. 12-10 § III]
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 13-34.4 below prior to the completion of the project.
[Ord. No. 12-10 § IV; New]
Storm drain inlets identified in subsection 13-34.3 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 paragraph C 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 square inches, or is no greater than 0.5 inch across the smallest dimension.
3. 
All inlet curb heads must be Type N-Eco head in accordance with NJDEP and NJDOT standards.
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 shall be in accordance with NJDEP and NJDOT standards, Type N-Eco head.
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 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 apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
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 application of the standards constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 12-10 § V]
This section shall be enforced by the Mayor and Borough Council, the Borough Administrator and such other agents or employees of the Borough of Pompton Lakes as either the governing body or Administrator shall designate. The present designees are the Pompton Lakes Police Department, Building and Zoning Officials, Health Department and Borough Engineer.
[Ord. No. 12-10 § VI]
Any person(s) found to be in violation of the provisions of this section shall be subject to a penalty as hereafter set forth for each storm drain inlet that is not retrofitted to meet the design standard.
A. 
A fine not to exceed $2,000, and/or imprisonment not to exceed 90 days and/or a period of community service not to exceed 90 days.
B. 
A separate offense shall be deemed to have been committed on each day during or on which a violation of this section occurs or continues.