An ordinance requiring 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 MS4 operated by the Town
so as to protect the public health, safety and welfare and to prescribe
penalties for 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 chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words 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.
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 are owned and operated
by the Town 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 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 and 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 material; or
B. Is retrofitted or replaced to meet the standard in §
437-18 below prior to the completion of the project.
Storm drain inlets identified in §
437-17 above 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 §
437-18C 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 sage
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 rate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension. Examples of grates subject
to this standard include 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 no more than
seven square inches or be no greater than two inches across the smallest
dimension.
C. This standard does not apply:
(1) Where a 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 pass through one of the following:
(a)
A rectangular space four and five-eights 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 inches.
(3) Where flows are conveyed through a trash rack that has parallel bars
of one inch spacing between the bars; or
(4) Where the NJDEP 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.