[Adopted 6-11-2013 by Ord. No. 2013-14 (Ch. 159 of the 1997 Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Township
of Pequannock so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
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)
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 Township of Pequannock 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 water or groundwater, 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 §
303-4 below prior to the completion of the project.
Storm drain inlets identified in §
303-3 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 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. 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 7.0 square inches, or be
no greater than 2.0 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 Police Department and/or
other municipal officials of the Township of Pequannock.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 $200 for
each storm drain inlet that is not retrofitted to meet the design
standard.