An ordinance 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 Liberty Township 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, manmade channels, or storm drains) that is owned or operated
by Liberty Township 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 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:
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 §
87B-21 below prior to the completion of the project.
This article shall be enforced by the Zoning Officer or such
other official as may be authorized by the Liberty Township Committee.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,000 for
each day that the violation continues.
If any section or portion of this article shall be adjudged
unconstitutional or invalid, the same shall not affect, impair or
invalidate any other provision of this article.
All Ordinances or parts thereof inconsistent with this article
are repealed to the extent of any inconsistency.
This article shall take effect upon its final passage and publication
as provided by law.