TOWNSHIP OF UPPER

TOWNSHIP OF UPPER

CAPE MAY COUNTY

O R D I N A N C E

ORDINANCE NO. 023 -2009

RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XI AND CHAPTER XXIV OF THE CODE OF UPPER TOWNSHIP TO ESTABLISH STANDARDS TO PREVENT POLLUTION OF THE MUNICIPAL STORM SEWER SYSTEMS

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WHEREAS, the State of New Jersey adopted amendments to N.J.A.C. 7:14A and modified the requirements under the Township’s Tier A New Jersey Pollutant Discharge Elimination System (NJPDES) permit; and

WHEREAS, the new requirements require Tier A Municipalities to adopt ordinances that will prevent pollution of the municipal storm sewer systems to protect public health, safety and welfare; and

NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Township Committee of the Township of Upper as follows:

SECTION 1. Chapter 11 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:

Section 11-2 entitled “Private Strom Drain Inlet Retrofitting“ is hereby added as follows:

11-2 Private Storm Drain Inlet Retrofitting

11-2.1 Purpose.

The purpose of this Ordinance is to provide that properties be required retrofit 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 Township of Upper so as to protect public health, safety and welfare.

11-2.2 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 [insert name of municipality] 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 New Jersey or subject to its jurisdiction.

11-2.3 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: (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 2.4 below prior to the completion of the project.

11-2.4 Design Standard.

Storm drain inlets identified in Section 11-2.3 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 2.5 below.

a. 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) 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.

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

11-2.5 Exemptions.

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:

(1) 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

(2) 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.

11-2.6 Penalty.

Any person(s) who is found to be in violation of the provisions of this Ordinance shall be subject to a fine in the minimum amount of Five Hundred Dollars ($500.00) and not to exceed One Thousand Dollars ($1,000.00) for each storm drain inlet that is not retrofitted to meet the design standard.

11-2.7 Enforcement.

This section shall be enforceable by any one (1) or more of the following:

a. Superintendent of Public Works;

b. Supervisor of Roads;

c. Recycling Coordinator of the Township of Upper;

d. Code Enforcement Official(s) of the Township of Upper;

e. Any inspector or other designated agent of the Cape May County Department of Health;

f. Any law enforcement officer of the State of New Jersey;

g. Sanitation Inspector.

SECTION 2. Chapter 24 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:

Section 24-4.1 entitled “Definitions” is amended to add the following and insert in alphabetical order:

Refuse container shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

Waters of the State shall mean the ocean and the 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.

Section 24-4.2 entitled “Prohibitions” is amended to add the following subsection f:

f. Improper Spilling or Leaking from Dumpsters. The purpose of this provision is to prevent the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from refuse containers to the municipal separate storm sewer system(s) operated by the Township of Upper and/or the waters of the State so as to protect public health, safety and welfare.

1. Prohibited Conduct.

(a) Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

(b) Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Upper.

2. Exceptions to Prohibition.

(a) Permitted temporary demolition containers.

(b) Litter receptacles (other than dumpsters or other bulk containers)

(d) Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit

(e) Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)

SECTION 3. REPEAL OF CONFLICTING ORDINANCES: Any ordinances of the Township of Upper that are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. SEVERABILITY: If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance.

SECTION 5. EFFECTIVE DATE: This Ordinance shall take effect upon passage and publication as required by law.

SECTION 6. CODIFICATION: This Ordinance shall be codified in the Upper Township Code at the sections referred to above.

ATTEST:

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WANDA GAGLIONE, Township Clerk RICHARD PALOMBO, Mayor

I certify that the foregoing Ordinance was finally adopted by the Township Committee of the Township of Upper on __________________________ and notice of adoption was thereafter published pursuant to law in The Press of Atlantic City on __________________________.