BOROUGH OF HILLSDALE
ORDINANCE 09-13
(Introduction)
Title: An Ordinance to Amend and Supplement Chapter 258, Storm Sewers,
in Compliance with NJDEP Rules & Regulations.
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 the Borough
of Hillsdale so as to protect public health, safety and welfare, and to
prescribe penalties for the failure to comply.
SECTION II.
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)– 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 Borough of
Hillsdale or other public body, and is designed and used for collecting and
conveying stormwater.
b. Person – any individual, corporation, company,
partnership, firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c. 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.
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
SECTION
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:
1. Already meets the design standard below to control passage of solid and floatable materials; or
2. Is retrofitted or replaced to meet the standard in
Section V below prior to the completion of the project.
SECTION IV. Design
Standard:
Storm
drain inlets identified in Section IV above shall comply with the following
standard to control passage of solid and floatable materials through storm
drain inlets. For purposes of this paragraph, “solid and floatable materials”
means sediment, debris, trash, and other floating, suspended, or settleable
solids. For exemptions to this standard see Section V.3 below.
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 (7.0) square inches, or is no
greater than 0.5 inches across the smallest dimension. 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.
2. 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.
3. This standard does not apply:
a. 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;
b. 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:
i. 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
ii. A bar screen having a bar spacing of 0.5 inches.
c. Where flows are conveyed through a trash rack that
has parallel bars with one-inch (1”) spacing between the bars; or
d. 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.
SECTION V.
Enforcement:
This
ordinance shall be enforced by the Construction
Official of Borough of Hillsdale.
SECTION VI.
Penalties:
Any
person(s) who is found to be in violation of the provisions of this ordinance
shall be subject to a fine not to exceed $1,000.00 for each storm drain inlet that is not
retrofitted to meet the design standard.
SECTION
Each
section, subsection, sentence, clause and phrase of this Ordinance is declared
to be an independent section, subsection, sentence, clause and phrase, and the
finding or holding of any such portion of this Ordinance to be
unconstitutional, void, or ineffective for any cause, or reason, shall not
affect any other portion of this Ordinance.
SECTION
VIII. Effective date:
This
Ordinance shall be in full force and effect from and after its adoption and any
publication as may be required by law.
Council
member
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Motion
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Second
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Yes
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No
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Absent
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Abstain
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Arnowitz, Max |
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DeJoseph, Jonathan |
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x |
x |
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Giancarlo, Michael |
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x |
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Hanlon, Marie |
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x |
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Schiavone, Donna |
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x |
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Weinstein, Andrew |
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x |
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This ordinance will be considered for a public hearing and final passage on June 9, 2009.