Town Ordinances

ORDINANCE NO. 08 - 2010

 

ORDINANCE NO. 8-2010

AN ORDINANCE PROVIDING FOR THE AMENDMENT AND SUPPLEMENTATION OF CHAPTER 18C, "MUNICIPAL STORMWATER MANAGEMENT AND STORM SEWER SYSTEMS," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE ADDITION OF A NEW ARTICLE 5, ENTITLED "PRIVATE STORM DRAIN INLET RETROFITTING."

WHEREAS, the Borough Council is required to adopt and enforce certain ordinances for the renewal of its Tier A Municipal Stormwater General Permit as issued by the New Jersey Department of Environmental Protection.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, they being the Governing Body thereof, as follows:

Section l:

Chapter 18C, "Municipal Stormwater Management and Storm Sewer Systems" of the Revised Ordinances is hereby amended and supplemented with the addition of a new Article 5, entitled "Private Storm Drain Inlet Retrofitting," which shall read, in its entirety, as follows:

Article 5. PRIVATE STORM DRAIN INLET RETROFITTING.

18C-9. Purpose.

An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstructing, resurfacing or altering 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 Morris Plains so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

18C-10. Definitions.

For the purpose of this ordinance, 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. Municipal separate storm sewer system (MS4) means 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 the Borough of Morris Plains or other public body, and is designed and used for collecting and conveying stormwater.

B. Person means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Storm drain inlet means 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.

D. Waters of the State means 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.

18C-11. Prohibited Conduct.

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 Section 18C-12 below prior to the completion of the project.

18C-12. Design Standard.

Storm drain inlets identified in Section 18C-11 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets, except as provided in paragraph C below. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids.

  1.  
    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:
      1. 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
      2.  

      3. 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.
      4.  

    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.

    3. 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 (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
    4.  

    5. 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.  

      3. 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:
      4.  

(a) A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

  1.  
    1. A bar screen having a bar spacing of 0.5 inches.
    2.  

(3) Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") 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.

18C-13. Enforcement.

This ordinance shall be enforced by all Police Officers of the Borough, the Borough Engineer, the Superintendent of the Department of Public Works, the Health Officer, the Zoning Officer and/or their duly authorized designees.

18C-14. Penalties.

Any person who violates the provisions of this Article shall, upon conviction, be subject to the penalties authorized by Section 1-9 of the Revised Ordinances.

Section 2:

All other provisions of the aforesaid Chapter 18C of the Revised Ordinances shall be unaffected and are hereby continued.

Section 3:

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 4:

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid by a Court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance.

Section 5:

This Ordinance shall take effect immediately after final passage and publication as provided by law.

Introduced: 06/17/10

Adopted: 07/15/10

Frank J. Druetzler, Mayor