An ordinance requiring the retrofitting of existing storm drain
inlets which are in direct contact with the 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 Township of Union 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 article 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.
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 Union 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 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:
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 in §
520-15 below prior to the completion of the project.
Storm drain inlets identified in §
520-14 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) 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
seven 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 seven square inches or
be no greater than two 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.
This article shall be enforced by the Township of Union Department
of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to one or more of the following
for each storm drain inlet that is not retrofitted to meet the design
standard: imprisonment in the county jail or in any other place provided
by the municipality for the detention of prisoners for any term not
exceeding 90 days or by a fine not exceeding $2,000 or by a period
of community service not exceeding 90 days, to become effective on
the effective date of this article.