[1]
Editor's Note: Former Chapter 9C, Affordable Housing Development
Fees, was relocated to the Land Development Volume. Prior ordinance
history includes portions of Ordinance Nos. 13A-2000, 2001-7, 1-2002,
2005-7, 2005-22, 2008-9, 2008-13 and 2009-3.
[Added 5-13-2024 by Ord.
No. 2024-08]
The purpose of this chapter is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This chapter establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in the
Borough of Flemington to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Added 5-13-2024 by Ord.
No. 2024-08]
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 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 storm sewer system.
[Added 5-13-2024 by Ord.
No. 2024-08]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
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;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16
and October 14.
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 also comply with
all other local 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 chapter are met. Inspection records shall be kept on site
and made available to the municipality upon request.
e.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 5-13-2024 by Ord.
No. 2024-08]
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 Section 9C-3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This chapter does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 5-13-2024 by Ord.
No. 2024-08]
This chapter shall be enforced by any municipal officials with
jurisdiction during the course of ordinary enforcement duties.
[Added 5-13-2024 by Ord.
No. 2024-08]
Any person(s) who is found to be in violation of the provisions
of this chapter shall have 72 hours to complete corrective action.
Any person who fails to complete corrective action, shall, upon conviction,
be punished either by imprisonment in the County jail for a term not
exceeding 90 days or by a fine not exceeding $1,500 or $500 for a
first offense, $1,000 for a second offense, and $1,500 for a third
offense and every offense thereafter, or both, in the discretion of
the Court.
