Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 10-19-2004 by Ord. No. 29-10-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Pet waste — See Ch. 67, § 67-5D.
Flood damage prevention — See Ch. 78.
Clean community code — See Ch. 97.
Sewers — See Ch. 124.

§ 139-1 Purpose.

The following regulations are intended to comply with the requirements of New Jersey Department of Environmental Protection Stormwater Management Regulations adopted on February 2, 2004, and codified at N.J.A.C. 7:8-1 et seq.

§ 139-2 Illicit connections.

A. 
Purpose. The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by Evesham Township, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions.
(1) 
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.
(2) 
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 section clearly demonstrates a different meaning:
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
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 Evesham Township and/or the Evesham Municipal Utilities Authority, unless that discharge is authorized under a 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.
INDUSTRIAL WASTE
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)].
MUNICIPAL SEPARATE STORM SEWER SYSTEM (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 is owned or operated by Evesham Township 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.
NJPDES PERMIT
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.
NONCONTACT COOLING WATER
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PROCESS WASTEWATER
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.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
[Added 9-21-2010 by Ord. No. 22-9-2010]
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.
[Added 9-21-2010 by Ord. No. 21-9-2010]
STORMWATER
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.
WATERS OF THE STATE
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.
[Added 9-21-2010 by Ord. No. 21-9-2010]
C. 
Prohibited conduct.
[Amended 9-21-2010 by Ord. No. 21-9-2010]
(1) 
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by Evesham Township and/or the Evesham Municipal Utilities Authority any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
(2) 
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:
(a) 
Already meets the design standard below to control passage of solid and floatable materials; or
(b) 
Is retrofitted or replaced to meet the standard below prior to the completion of the project.
(3) 
Refuse containers or dumpsters.
[Added 9-21-2010 by Ord. No. 22-9-2010]
(a) 
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.
(b) 
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, semiliquids or solids to the municipal separate storm sewer system operated by the Township of Evesham.
(c) 
Exceptions to prohibition are as follows:
[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).

§ 139-3 Improper waste disposal.

A. 
Purpose. 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 Evesham Township, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions.
(1) 
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.
(2) 
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 section clearly demonstrates a different meaning:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (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 is owned or operated by the Township of Evesham 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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORMWATER
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.

§ 139-3.1 Design Standard.

[Added 9-21-2010 by Ord. No. 21-9-2010]
Storm drain inlets identified 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 below.
A. 
Grates.
(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.
(2) 
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 2.0 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 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 not pass through one of the following:
(a) 
A rectangular space 4 5/8 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 inch.
(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.

§ 139-4 Litter.

These regulations require compliance with the Township's Clean Community Code, Chapter 97.

§ 139-5 Pet waste.

These regulations require compliance with the Township's Pet Waste Ordinance, § 67-5D.

§ 139-6 Wildlife feeding.

A. 
Purpose. 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 Evesham Township, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions.
(1) 
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.
(2) 
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 section clearly demonstrates a different meaning:
FEED
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
C. 
Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by Evesham Township, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

§ 139-7 Yard waste collection program; containerized yard waste.

A. 
Purpose. The purpose of this section is to establish a yard waste collection and disposal program in Evesham Township, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions.
(1) 
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.
(2) 
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 section clearly demonstrates a different meaning:
CONTAINERIZED
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
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.
YARD WASTE
Leaves and grass clippings.
C. 
Prohibited conduct. 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 the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this chapter.
D. 
Yard waste collection. 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 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.
E. 
Additional compliance. These regulations require compliance with the Township's Clean Community Code, Sweeping litter into gutters prohibited.

§ 139-8 Enforcement; violations and penalties.

The enforcement and penalties applicable to all provisions of this chapter are as follows:
A. 
Enforcement. This chapter shall be enforced by the Police Department of Evesham Township.
B. 
Penalties. Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of not less than $50 nor more than $1,000 per violation.
[Amended 9-21-2010 by Ord. No. 21-9-2010]