[HISTORY: Adopted by the Mayor and Council of the Borough
of Palmyra 3-22-2024 by Ord. No. 2024-03. Amendments noted where applicable.]
This is a chapter 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 municipal
separate storm sewer system(s) operated by Borough of Palmyra to protect
the environment, public health, safety and welfare, and to prescribe
penalties for failure to comply. Installation of all new storm drain
inlets must include a catch basin or other BMP designed for solids
collection in areas which drain to surface waters and that do not
have any other downstream BMPS prior to the surface water discharge.
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.
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 Borough of Palmyra or other public body, and is designed and used
for collecting and conveying stormwater.
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NOTE: In municipalities with combined sewer systems, add the
following: "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."
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Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
The point of entry into the storm sewer system.
A.
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:
B.
The below design standard applies to the following types of storm-drain
inlet retrofit projects unless a more stringent standard is specified
by the municipality's Stormwater Control Ordinance:
(1)
Privately owned or operated storm drain inlets (e.g., condominium
association) must be retrofitted where the storm drains are:
(a)
In direct contact with any repaving, repairing (excluding individual
pothole repair), or resurfacing (including top coating or chip sealing
with asphalt emulsion or a thin base of hot bitumen); or
(b)
In direct contact with any reconstruction or alteration of facilities.
This does not include single-family homes.
C.
Grates in pavement or other ground surfaces shall meet either of
the following standards:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate standards described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (see www.state.nj.us/transportation/about/publicat/pdf/BikeComp/introtofac.pdf);
or
(2)
A grate where each individual clear space in that grate has an area
of no more than seven square inches or is not greater than 0.5 inch
across the smallest dimension. Note that the Residential Site Improvement
Standards at N.J.A.C. 5:21 include requirements for bicycle-safe grates.
(a)
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 used to collect stormwater from the surface
into a storm drain or surface water body.
(b)
For curb-openings inlets, including curb-opening inlets in combination
inlets, the clear space in the 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.
The following exemptions from the design standard apply:
A.
Where each individual clear space in the curb opening in existing
curb-opening inlets does not have an area of more than nine square
inches;
B.
Where the review agency determines that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
C.
Where flows from the water quality design storm as specified in N.J.A.C.
7:8 are conveyed through any device (e.g., 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:
(1)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide; or
D.
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
E.
Where the Department 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
the standard is an undertaking that constitutes an encroachment or
will damage or destroy the New Jersey Register listed historic property.
This chapter shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Palmyra.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after
its adoption and any publication as may be required by law.
