[Added 5-8-2023 by Ord.
No. 03-2023]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Ogdensburg
to protect public health, safety, and welfare, and to prescribe penalties
for failure to comply.
[Added 5-8-2023 by Ord.
No. 03-2023]
For the purpose of this section, 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.
The pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house, or harbor
any pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
[Added 5-8-2023 by Ord.
No. 03-2023]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
[Added 5-8-2023 by Ord.
No. 03-2023]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Added 5-8-2023 by Ord.
No. 03-2023]
The provisions of this section shall be enforced by the Police
Department and the Local Board of Health of the Borough of Ogdensburg.
[Added 5-8-2023 by Ord.
No. 03-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a minimum fine of not less than $50 nor maximum
fine more than $250 for each and every violation.
[Added 5-22-2023 by Ord.
No. 04-2023]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Ogdensburg, to protect public health, safety, and
welfare, and to prescribe penalties for failure to comply.
[Added 5-22-2023 by Ord.
No. 04-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of the chapter 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.
To give, place, expose, deposit, distribute, or scatter any
edible material with the intention of feeding, attracting, or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Added 5-22-2023 by Ord.
No. 04-2023]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Ogdensburg, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Added 5-22-2023 by Ord.
No. 04-2023]
[Added 5-22-2023 by Ord.
No. 04-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a minimum fine of not less than $50 nor maximum
fine more than $250 for each and every violation.
[Added 6-12-2023 by Ord.
No. 05-2023]
The purpose of this section is to establish requirements to
control littering in the Borough of Ogdensburg, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Added 6-12-2023 by Ord.
No. 05-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of the chapter 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.
Any used or consumed substance or waste material which has
been discarded, whether made of aluminum, glass, plastic, rubber paper,
or other natural or synthetic material, or any combination thereof,
including, but not limited to any bottle, jar, or can, or any top,
cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming, or manufacturing.
A container suitable for the depositing of litter.
Any individual, cooperation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
[Added 6-12-2023 by Ord.
No. 05-2023]
a.
It shall be unlawful for any person to throw, drop, discard, or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Added 6-12-2023 by Ord.
No. 05-2023]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Ogdensburg.
[Added 6-12-2023 by Ord.
No. 05-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a minimum fine of not less than $50 nor maximum
fine more than $250 for each and every violation.
[Added 6-26-2023 by Ord.
No. 06-2023]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Ogdensburg, so
as to protect public health, safety, and welfare, and to prescribe
penalties for the failure to comply.
[Added 6-26-2023 by Ord.
No. 06-2023]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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, manmade channels, or storm drains) that is owned or operated
by the Borough of Ogdensburg 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.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
[Added 6-26-2023 by Ord.
No. 06-2023]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Ogdensburg is prohibited. The spilling, dumping, or disposal of
materials other than stormwater in such a manner as to cause the discharge
of pollutants to the municipal separate storm sewer system is also
prohibited.
[Added 6-26-2023 by Ord.
No. 06-2023]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges, and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway, and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes.
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
3.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines other enclosed machinery.
[Added 6-26-2023 by Ord.
No. 06-2023]
This section shall be enforced by the Ogdensburg Police Department
and/or other Municipal Officials of the Borough of Ogdensburg.
[Added 6-26-2023 by Ord.
No. 06-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a minimum fine of not less than $50 nor maximum
fine more than $250 for each and every violation.
[Added 6-26-2023 by Ord.
No. 07-2023]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Ogdensburg, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Added 6-26-2023 by Ord.
No. 07-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
The placement of yard waste in a trash can, bucket, bag,
or other vessel, such as to prevent the yard waste from spilling or
blowing out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing State, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
[Added 6-26-2023 by Ord.
No. 07-2023]
Sweeping, raking, blowing, or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days' prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Added 6-26-2023 by Ord.
No. 07-2023]
The provisions of this section shall be enforced by Ogdensburg
Police Department and/or Municipal Officials of the Borough of Ogdensburg.
[Added 6-26-2023 by Ord.
No. 07-2023]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $50 nor
maximum fine more than $250 for each and every violation.
[Added 7-10-2023 by Ord.
No. 08-2023]
The purpose of this section is to require 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 Borough of
Ogdensburg so as to protect public health, safety, and welfare, and
to prescribe penalties for the failure to comply.
[Added 7-10-2023 by Ord.
No. 08-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of the chapter 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, manmade channels, or storm drains) that is owned or operated
by the Borough of Ogdensburg 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 or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 7-10-2023 by Ord.
No. 08-2023]
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:
[Added 7-10-2023 by Ord.
No. 08-2023]
Storm drain inlets identified in subsection 18-6.3 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 18-6.3 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 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 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 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 large 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 New Jersey
Register listed historic property.
[Added 7-10-2023 by Ord.
No. 08-2023]
This section shall be enforced by Ogdensburg Police Department
and/or Municipal Officials of the Borough of Ogdensburg.
[Added 7-10-2023 by Ord.
No. 08-2023]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not less than $50 nor maximum
fine more than $250 for each and every violation.
[Added 7-24-2023 by Ord.
No. 09-2023]
The purpose of the section is to prohibit illicit connections
to the municipal separate storm sewer systems(s) operated by the Borough
of Ogdensburg, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Added 7-24-2023 by Ord.
No. 09-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of the chapter 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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System ("NJPDES") rules at N.J.A.C. 7:14A-1.2.
Waste and wastewater from humans or household operations.
Any physical or non-physical connection that discharges domestic
sewage, non-contact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Ogdensburg, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ 0141852). Non-physical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Non-domestic waste, including, but not limited to, those
pollutants regulated under Section 307(a), (b), or (c) of the Federal
Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Ogdensburg or other public body, and is designed
and used for collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System ("NJPDES") rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Non-contact
cooling water may however contain algaecides or biocides to control
fouling of equipment such as heat exchangers and/or corrosion inhibitors.
Any individual, corporation, company partnership, firm, association,
or political subdivision of this State subject to municipal jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
[Added 7-24-2023 by Ord.
No. 09-2023]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Ogdensburg any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Added 7-24-2023 by Ord.
No. 09-2023]
The provisions of this section shall be enforced by Ogdensburg
Police Department and/or Municipal Officials of the Borough of Ogdensburg.
[Added 7-24-2023 by Ord.
No. 09-2023]
Any person(s) who is found to be in violation of this section
shall be subject to a fine not less than $50 nor maximum fine more
than $250 for each and every violation.
[Added 8-28-2023 by Ord.
No. 11-2023]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This Section
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the Borough of Ogdensburg
(i.e., privately-owned), including residences in the Borough of Ogdensburg
to protect the environment, public health, safety and welfare, and
to prescribe penalties for failure to comply.
[Added 8-28-2023 by Ord.
No. 11-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the municipal storm sewer system.
[Added 8-28-2023 by Ord.
No. 11-2023]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
(f)
Containers must be sealed when not in use; and
(g)
The site shall be free of all de-icing materials between April
16th and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 April 15.
c.
All such temporary and/or permanent structures must comply with all
other Borough of Ogdensburg ordinances, including Building and Zoning
Regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 8-28-2023 by Ord.
No. 11-2023]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 18-8.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities that are regulated
under another NJPDES permit.
[Added 8-28-2023 by Ord.
No. 11-2023]
The provisions of this section shall be enforced by the Ogdensburg
Police Department and/or Municipal Officials of the Borough of Ogdensburg
during the course of ordinary enforcement duties.
[Added 8-28-2023 by Ord.
No. 11-2023]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows: First violation: $200; second violation:
$500; third violation or subsequent violation: $1,000.
[Added 9-11-2023 by Ord.
No. 12-2023]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibit the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids, or solids from the
containers to the municipal separate storm sewer systems(s) operated
by the Borough of Ogdensburg and/or the waters of the State so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Added 9-11-2023 by Ord.
No. 12-2023]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of the chapter 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, manmade channels, or storm drains) that is owned or operated
by the Borough of Ogdensburg or other public body, and is designed
and used for collecting and conveying stormwater. 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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
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.
[Added 9-11-2023 by Ord.
No. 12-2023]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases, or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids, or solids to the municipal
separate storm sewer system(s) operated by the Borough of Ogdensburg.
[Added 9-11-2023 by Ord.
No. 12-2023]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods place curbside for pickup).
[Added 9-11-2023 by Ord.
No. 12-2023]
The provisions of this section shall be enforced by the Police
Department and/or other Municipal Officials of the Borough of Ogdensburg.
[Added 9-11-2023 by Ord.
No. 12-2023]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not less than $50 nor maximum
fine more than $250 for each violation.
[Added 4-22-2024 by Ord. No. 07-2024]
[Added 4-22-2024 by Ord.
No. 07-2024]
The purpose of this section is to establish requirements for
tree removal and replacement in the Borough of Ogdensburg to reduce
soil erosion and pollutant runoff, promote infiltration of rainwater
into the soil, and protect the environment, public health, safety,
and welfare.
[Added 4-22-2024 by Ord.
No. 07-2024]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, works used in the plural
number include the singular number, and words used in the singular
number include the plural number. The use of the word "shall" means
the requirement is always mandatory and not merely directory.
Any "person," as defined below, who applies for approval
to remove trees regulated under this section.
Zone around the base of a tree where the majority of the
root system is found. This zone is calculated by multiplying the diameter
at breast height ("DBH") of the tree by 1.5 feet. For example: a tree
with a six-inch DBH would have a CRR = 6" x 1.5' = 9'.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree. For species of tree where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measure at the highest
point before any division.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert ("LTE").
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The part of a street right-of-way between the public right-of-way
and the portion of the street reserved for vehicular traffic or between
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
Photos or statements from a New Jersey licensed tree expert
as per N.J.S.A. 45:15C-11 or arborist.
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this section is removed or proposed
to be removed.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to the portion of the street reserved
for vehicular traffic. This also includes trees planted in planting
trips within the roadway right-of-way, i.e. islands, medians, pedestrian
refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree or the application of treatments intended to manage invasive
species.
[Added 4-22-2024 by Ord.
No. 07-2024]
Any person planning to remove a street tree, as defined as tree
removal, with DBH of 2.5 inches or more or any non-street tree with
DBH of six inches or more on their property shall submit a Tree Removal
Application to the Mayor and Council together with the applicable
fee. No tree shall be removed until municipal officials have reviewed
and approved the removal.
[Added 4-22-2024 by Ord.
No. 07-2024]
a.
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection 18-10.5, shall be subject to the requirements of the Tree Replacement Requirements Table below.
b.
Any person, who removes one or more tree(s), as defined as Tree Removal, with a DBH of six inches or more per acre, unless otherwise detailed under Subsection 18-10.5, shall be subject to the requirements of the Tree Replacement Requirements Table.
c.
Replacement tree(s) shall:
1.
Be replaced in kind with a tree that has an equal or greater DBH
than the tree removed or meet the Tree Replacement Criteria in the
table below;
2.
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Borough;
3.
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
4.
Shall not be planted in temporary containers or pots, as these do
not count towards tree replacement requirements.
|
Tree Replacement Requirements Table
| ||
|---|---|---|
|
Category
|
Tree Removed (DBH)
|
Tree Replacement Criteria
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Plant 1 tree with a minimum tree caliper of 1.5 inches for each
tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Plant 2 trees with minimum tree calipers of 1.5 inches for each
tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Plant 3 trees with minimum tree calipers of 1.5 inches for each
tree removed
|
|
4
|
DBH of 33 inches or greater
|
Plant 4 trees with minimum tree calipers of 1.5 inches for each
tree removed
|
5.
Shall not include the following species of trees:
|
Scientific Name
|
Common Name
|
|---|---|
|
Acer ginnala
|
Amur maple
|
|
Ailanthus altinnima
|
Tree of heaven
|
|
Acer platanoides
|
Norway maple
|
|
Acer pseudoplatanus
|
Sycamore maple
|
|
Acer saccharinum
|
Silver maple
|
|
Akebia quinata
|
Chocolate vine
|
|
Albizia julibrissin
|
Mimosa
|
|
Alnus glutinosa
|
European black alder
|
|
Aralia elata
|
Japanese angelica tree
|
|
Broussonetia papyrifera
|
Paper mulberry
|
|
Fraxinus species
|
Ash species
|
|
Kalopanax septemlobus
|
Castor aralia
|
|
Koelreuteria elegans
|
Golden rain tree
|
|
Malus toringo
|
Japanese crabapple
|
|
Paulownia tomentosa
|
Princess tree
|
|
Phellodendron amurense
|
Amur cork tree
|
|
Populus alba
|
White poplar
|
|
Populus x canescens
|
Gray poplar
|
|
Prunus avium
|
Sweet cherry
|
|
Pyrus calleryana
|
Callery pear (Bradford pear)
|
|
Ulmus parvifolia
|
Chinese elm
|
|
Ulmus procera
|
English elm
|
|
Ulmus pumila
|
Siberian elm
|
d.
Replacement alternatives. If the Borough determines that some or
all required replacement trees cannot be planted on the property where
the tree removal activity occurred, then the applicant shall do one
of the following:
[Added 4-22-2024 by Ord.
No. 07-2024]
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the Borough by all persons claiming
an exemption.
a.
Removal of less than four trees per acre that fall into category
1, 2, or 3 of the Tree Replacement Requirements Table within a five-year
period. The number of trees removed shall be a rolling count across
a five-year period. For example, if three trees from category 1 are
removed in July 2023, the count resets to zero in July 2028. However,
if one tree from category 1 is removed in July 2023 and another in
July of 2025 the first tree will come off the count in July 2028 and
the second in July 2030. Replacement requirements shall apply beginning
with the first tree over the exempt maximum for the property.
b.
Removal of trees on tree farms in active operation, nurseries, fruit
orchards, and garden centers.
c.
Removal of trees on properties used for the practice of silviculture
under an approved forest stewardship or woodland management plan that
is active and on file with the Borough.
d.
Removal of trees as part of a Borough or state decommissioning plan.
This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
e.
Removal of trees pursuant to a New Jersey Department of Environmental
Protection ('NJDEP'), U.S. Environmental protection Agency
("EPA") approved environmental cleanup, or NJDEP approved habitat
enhancement plan.
f.
Removal of trees in accordance with approved game management practices,
as recommended by the State of New Jersey Department of Environmental
Protection, Division of Fish, Game and Wildlife.
g.
Removal of Hazard Trees.
[Added 4-22-2024 by Ord.
No. 07-2024]
This section shall be enforced by the Ogdensburg Police Department
and/or Municipal Officials of the Borough of Ogdensburg during the
course of ordinary enforcement duties.
[Added 4-22-2024 by Ord.
No. 07-2024]
Any person(s) who is found to be in violation of this section
shall be subject to a fine not exceeding $1,000. Such person shall
also be required to pay for the costs of acquiring and planting replacement
trees as necessary to comply with applicable specification requirements.
