[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield 10-12-2023 by Ord. No. 2023-16. Amendments noted
where applicable.]
The Township Committee finds that the effective management of
stormwater and the improvement of the quality of stormwater has been
declared to be the public policy of the State of New Jersey and that
it is both appropriate and necessary for the Township of Chesterfield
to establish, consistent with the recommendations of the New Jersey
Department of Environmental Protection, regulations that will improve
the quality of stormwater runoff and protect the environment, including
regulations on litter, pet waste, wildlife feeding, yard waste collection,
containerized waste, improper disposal, illicit connections to the
stormwater system, privately owned salt storage facilities, and tree
removal and replacement, and other regulations as from time to time
may be required by the New Jersey Department of Environmental Protection,
other state, federal or county agencies, or by the Township of Chesterfield.
It is the purpose of this chapter to establish regulations for
the protection of the environment and to establish requirements for
the protection of the stormwater system in the Township of Chesterfield
so as to protect public health, safety and welfare.
For the purpose of this chapter, 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.
Any "person," as defined below, who applies for approval
to perform any activity regulated by any section of this chapter.
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 granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
Waste and wastewater from humans or household operations.
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.
A person(s) who owns a residence.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the State of New Jersey Department of Corrections
at the Albert C. Wagner Youth Correctional Facility by contract with
the Township of Chesterfield, unless that discharge is authorized
under an NJPDES permit other than the Tier A Municipal Stormwater
General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
At once, without delay.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Nondomestic 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)].
Any used or unconsumed 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.
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 Chesterfield 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.
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. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
For the purpose of defining "owner/keeper" in the context of provisions contained in § 168-16, Pet waste, "owner/keeper" shall mean 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.
For the purpose of defining "permanent structure" in the context of provisions contained in § 168-22, Privately owned salt storage, "permanent structure" shall mean 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 accessway 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 accessway from wind-driven rainfall.
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.
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, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
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.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
For the purpose of defining "resident" in the context of provisions contained in § 168-22, Privately owned salt storage, "resident" shall mean a person who resides on a residential property where de-icing material is stored.
An opening or point of entry into the storm sewer system
or 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.
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.
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.
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.
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.
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.
All animals that are neither human nor domesticated.
Leaves and grass clippings.
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 chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
It shall be unlawful to scatter or throw upon the streets, sidewalks,
alleys or public places or to tack or nail upon any telegraph, telephone
or trolley poles or trees in the Township of Chesterfield any posters,
pamphlets, circulars, handbills, advertisements or paper or to scatter
or throw the same in or upon any porch, step, stoop or vestibule of
any building or upon the yard or lot fronting or bordering on the
streets, alleys or public places aforesaid, provided that nothing
herein shall be construed to prevent the delivery or distribution
of posters, pamphlets, circulars, handbills or advertisements enclosed
in envelopes or appropriately secured at the property entrance or
to apply to the delivery of the same to individuals personally or
to the issue, circulation and sale of newspapers.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including sidewalks
used by pedestrians in active retail commercially zoned areas such
that, at a minimum, there shall be no single linear quarter-mile without
a receptacle: buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat-launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances or furniture, or on private property, except by
written consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any residential property owner to store or permit storage of any household waste, including household appliances, furniture and mattresses, in areas zoned residential or on properties in residential use, except in a fully enclosed structure or when placed out for collection during days designated for the collection of household solid waste and only in approved containers as required by § 168-20 of this chapter.
It shall be unlawful for any residential property owner or owner
of properties in residential use to store or permit the storage of
tires in areas zoned residential, except in a fully enclosed structure
or on days designated for the collection of tires if such collection
is to occur.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
potentially injurious objects or substances have fallen or escaped,
which could cause an obstruction, damage a vehicle or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all such objects or substances and shall pay the
costs therefor.
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after completion of any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a construction site to furnish containers adequate to accommodate
flyable or nonflyable debris or trash at areas convenient to construction
areas and to maintain and empty the receptacles in such a manner and
with such a frequency as to prevent spillage of refuse.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
materials. No person shall sweep into or deposit into any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free of litter. All sweepings shall be collected and
properly containerized for disposal.
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is prohibited.
Containerized yard waste is permitted to be placed curbside for collection
only during the three days' prior to a scheduled collection.
Placement of yard waste at the curb or along the street at any other
time or in any other manner is a violation of this chapter. 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 chapter.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this chapter.
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, except that
any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while the
animal is being used for that purpose.
No person shall feed, in any public park or on any other property
owned or operated by the Township of Chesterfield, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, events
allowing petting and visiting of animals, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers,
or feral cats as part of an approved trap-neuter-release program).
A.
Any person found to be in violation of this chapter shall be ordered
to cease the feeding immediately, and failure to comply shall be deemed
in violation of this chapter.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Chesterfield any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Chesterfield 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. The following are exceptions to the prohibition:
A.
Water line flushing and discharges from potable water sources.
B.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
C.
Air-conditioning condensate (excluding contact and noncontact 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 equipment with clean water:
(1)
Beach maintenance equipment immediately following their use for their
intended purposes; and
(2)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material 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.
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
A.
Prohibited conduct.
(1)
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.
(2)
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 Township of Chesterfield.
B.
Exceptions to prohibition.
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
A.
Prohibited conduct. 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:
(1)
Already meets the design standard below to control passage of solid
and floatable materials; or
(2)
Is retrofitted or replaced to meet the standard in § 168-22A(2) prior to the completion of the project.
B.
Design standard. Storm drain inlets identified in § 168-21A shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 168-21B(3).
(1)
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:
(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 (April 1996);
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 basin
floors.
(2)
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.
(3)
This standard does not apply:
(a)
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;
(b)
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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
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 section is intended 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 municipality
(privately owned) in Chesterfield Township to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
A.
De-icing materials storage requirements.
(1)
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15.
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
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;
(d)
Loose materials shall be covered as follows:
[1]
The cover shall be waterproof, impermeable, and flexible;
[2]
The cover shall extend to the base of the pile(s);
[3]
The cover shall be free from holes or tears;
[4]
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
[5]
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.
[a]
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;
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16 and October 14.
(2)
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 and April 15.
(3)
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 indoors, 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.
(a)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
(4)
Exemptions:
(a)
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.
(b)
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 A(3) above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(c)
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
This chapter shall be enforced by the Chesterfield Township
Public Works Foreman, Assistant Foreman, Zoning Officer, Property
Maintenance Inspector, Construction Code Official, or officers of
the Chesterfield Township Police Department during the course of ordinary
enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this chapter shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
A.
Any person who violates or neglects to comply with any provision
of this chapter or code established herein, and/or notice issued pursuant
thereto, shall, upon conviction thereof, be liable to a penalty of
not less than $50 nor more than $1,000 for each violation. In case
a person shall have been twice convicted within the time frame of
one year for the violation of the same offense, the court having jurisdiction
over the matter may cause a penalty to be assessed not exceeding $1,000
or imprisonment of said person in the county jail for a period not
exceeding 90 days or for 90 days of community service.
B.
In the event that a violation of this code or any of the provisions
of this chapter or code established herein requires the Township to
undertake judicial proceedings to enforce the provisions of this code
or the provisions contained herein, then the violating party, upon
determination that a violation has in fact occurred, shall be responsible
for all reasonable attorney's fees and costs incurred by the
Board of Health and the Township of Chesterfield in pursuit of said
legal remedies.
