[Adopted 11-10-2009 by Ord. No. 2009-14; amended in its entirety 2-16-2021 by Ord. No. 2021-03]
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 (except a residential lot with one single-family house) and 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 operated by the Township of Edgewater Park, 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)
As defined in N.J.A.C. 7:14A-1.2 but is summarized as 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 Edgewater Park or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
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, wetlands 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 of 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 § 448-24 below prior to the completion of the project.
Stormdrain inlets identified in § 448-23 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 § 448-24C below.
A. 
Design engineers shall use one 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) 
Grates.
(a) 
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 (latest edition available here: https://www.state.nj.us/transportation/about/publicat/); or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 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 system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c) 
For curb-opening inlets, including curb-opening inlets in combination inlets, 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.
B. 
This standard does not apply:
(1) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(2) 
Where the Township agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(3) 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 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 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(4) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
(5) 
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 Code Enforcement Officer of the Township of Edgewater Park.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to penalties as set forth in Chapter 444, Stormwater Control, § 444-11, Violations and penalties, for each storm drain inlet that is not retrofitted to meet the design standard.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this article.