[Added 8-17-2010 by Ord. No. 2010-28]
This article requires 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 the Borough of Chester so as to protect
public health, safety and welfare, and prescribes penalties for the
failure to comply. In order to facilitate the upgrading of storm drain
inlets, the Borough will maintain a list of suppliers in the area
which keep inlet grates and compliant ECO heads in stock.
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 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, manmade channels, or storm drains) that is owned or operated
by Chester Borough or another public body, and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, 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 any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in § 183-65 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 Subsection C below.
A.
Grates.
(1)
Property owners 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 seven (7.0) square inches, or is no greater
than 0.5 inches 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 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 seven (7.0) square inches, or be no greater than two (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:
(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.
This article shall be enforced by the Borough Administrator
or any person(s) designated by the Administrator to perform such inspections
for the Borough. These person(s) can be, but are not limit to, the
Zoning Officer, Borough Engineer, Engineering Inspector, Department
of Public Works Superintendent and Building Code Official.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to one warning in accordance with § 155-4A of this section. For each subsequent violation, the penalty shall be in accordance with § 1-17 of the Revised Ordinances of the Borough of Chester. Each storm drain inlet that is not retrofitted to meet the design standard shall be considered a separate offense.
