Township of West Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
[Added 9-20-2010 by Ord. No. 2010-20]
For the purpose of this article, all existing privately owned storm drain inlets which are in direct contact with repaving, repairing, reconstruction, regrading or resurfacing or alterations of facilities on private property must be retrofitted 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 the Township of West Windsor so as to protect public health, safety and welfare, and to prescribe penalties for the 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 section 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 singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are either 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.
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 West Windsor 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 water 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 shall authorize the repaving, repairing, resurfacing (including, but not limited to, top coating or chip sealing with asphalt emulsion or a thin layer of hot bitumen), reconstructing or altering any surface that is in direct contact with or in close proximity to an existing storm drain inlet on that property unless the storm drain inlet either:
A. 
Already meets the design standard provided in § 150-36 to control passage of solid and floatable materials; or
B. 
Is retrofitted or replaced to meet the design standard provided in § 150-36 prior to the completion of the project.
Storm drain inlets identified in § 150-35 shall comply with the following standard to control the passage of solid and floatable materials through the 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 § 150-37.
A. 
Grates.
(1) 
Property owners and/or their design engineers shall use either of the following grates whenever they use a grate in pavement or any other 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, provided each individual void space in that grate has an area of no more than 7.0 square inches, and/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 property owners and/or their design engineers use a curb-opening inlet, the void space in that curb opening (or each individual void space, if the curb opening has two or more void spaces) shall have an area of no more than 7.0 square inches, and/or be no greater than 2.0 inches across the smallest dimension used in calculating the opening area.
A. 
Exceptions to the prohibitions identified in § 150-35:
(1) 
Residential lot with one single-family residential dwelling.
(2) 
Repair of individual cracks, potholes, sinkholes and/or depressions by filling to meet surrounding existing grades.
B. 
Exemptions to the design standards identified in § 150-36:
(1) 
Where the Township Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional and/or larger storm drain inlets that meet these standards.
(2) 
Where, prior to discharge to waters of the state, 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 of an inch.
(3) 
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.
A. 
This article shall be enforced by the Police, Township Engineer, Health Officer and/or their designee of the Township of West Windsor.
B. 
Penalties for violation of this article shall be as provided in Chapter 1, General Provisions, Article II, Penalty, § 1-3.