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
stormwater collection system(s) operated by the Borough of Bradley
Beach so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For 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 STORMWATER COLLECTION SYSTEM (MS4)
A conveyance or system of conveyances (including roads and
drainage systems, Borough streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) that is owned or operated by the
Borough of Bradley Beach 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.
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
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.
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 §
396-27 below prior to the completion of the project.
Storm drain inlets identified in §
396-25 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 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) 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 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 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 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 action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This article shall be enforced by the Code Enforcement Officer
of the Borough of Bradley Beach.
The penalty for violation of any provisions of this chapter where no penalty or fine or imprisonment is provided shall be as provided in Chapter
1, Article
II, General Penalty, of this Code. The penalty shall be in addition to any different type of penalty or sanction provided in this chapter.