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Home My Public Portal AboutOrd. 10-005 No. 10-5 @ruimutce of tIre ~orougIr of QIcrrterd) ~ ~ JJ ~ Councilman Presents the following Ordinance Seconded by Councilman CIDINlIJ'KE R!WIRJN; ffilVAIE Sll:R'1 ffiAIN REIRCFl1TIl\G SECTION I. Purpose: 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 fioatables (such as piastic botties, cans, food wrappers and other lifter) to the municipal separate storm sewer system(s) operated by the Borough of Carteret 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 inciude 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, gullers, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Carteret 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 iniet- an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slolled iniet, 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. SECTION III. 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 pothoies), I . 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 uniess the storm drain inlet either: 1. Already meets the design standard below to control passage of solid and fioatable male rials; or 2. Is retrofitted or replaced to meet the standard in Section IV below prior to the completion of the project. NO. 10-5 PAGE { SECTION IV. Design Standard: Storm drain inlets identified in Section Iii above shali comply with the foltowing standard to conlrol passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and fioatable materials" means sediment, debris, trash, and other floating, suspended, or settieable 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 (Aprit 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 siolled drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin fioors. 2. Whenever design engineers use a curb-opening inlet, the clear space In that curb opening (or each individuai clear space, if the curb opening has two or more clear spaces) shalt 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 deilvery of all solid and floatable materials that could not pass through one of the foltowing: 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 parailei 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 encroachmenf or will damage or destroy the New Jersey Register listed historic property. NO. 10-5 PAGE 3 SECTION V. Enforcement: This ordinance shall be enforced by the Construction, Code Enforcement and/or Municipai Engineering Department(s) of the Borough of Carterel. SECTION VI. Penalties: Any person(s) who is found to be in vioiation of the provisions of this ordinance shall be subject to the then current Violation and Penalty provisions of the Carteret Code for each storm drain inlet that is not retrofitted to meet the design standard. SECTION VII. Severability: 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 fult force and effect from and after its adoption and any publication as may be required by law. COUNCILMAN DO NOT USE SPACE. BELOW THIS LINE RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NY A.B. IDLINJ DIAZ D:IM\SCIO x x x KRlM l'WU'S . x X. Indicate Vote AB - Absent NV. Not Voting XOR. Indicates VOle"to Overrule Veto Adopted on first.reading of the Council ofrhe Borough of'Carlere!. N.J" on Apri 1 V, 'XHO Adopted on second reading aft hearing on JlI02 17, 2010 MAYOR L K ON , uv:.uLGHOfCARJEREI ORDh\JANCE#lD-5 ORDINANCE REQUIRING PRIVATE STORM DRAIN REIROF!TTfNG The ForegO:ng Ordinance W35 introduCed at a mooing of the Counct1 of the 8OfOOgh of Cilrteret held APRil 22, 2010 Ym.o-n it was adopted on First Reaolng. The Silid ordi- nanD': w~1 be fWlther coosiooroo on SecOlld R>},H""~ for Final Adopting at a meeting of sa' '<nDI of trn 8OfOUgh of Cart.:ret on JU 7, 2010 ilt appro.~imately 6:00 PJ, .i/..-moriill MuniCipal Bu~ding, 61 Cooke Av",mM-, Cilrterel;, New Jelsey at wlich time <lnd place all pefsons ;ntef€:sted O' will t.~ gi...m an OJ)pDmmity to be heard. KATHLEEN M\ BAI-'NEY, MMC Municipal ClerK ($11.34) 145487 () .~ t . AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One ill time(s), once in each issue as follows: Mav 22. 2010 ~~___ 0 ~:." Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this~,s:.-t< day of h ~ I d. ()/ 0 ~.. :;& p ~ 'F}'~' .... ( /'" ,; . ~Z;'-C( (j .. . /, ;?-.< K3'thleen M. Barney, MMC Municipal Clerk t.-i BOROUGH OF CARTERrr {..............................'......................'.i/.(.IRblNANCE#16is. o~PIN~NcJ~~f~W8W<fdt}I~~t~ST()R.~. Thl!fofl-l:g()lng9rdlnatl.C:eWa$....lnlr<k!(Jc(!dat Ga'rt:rJ:nft~~~htRf8~iil,g~lt8jw~W'tF~fJ rigg~le~.IIY~b!lifAh~re~~~:,~~~,i~~!~JgJilli Reading J()rFinaIAdQpvng~tahieetlngM said >Co:Uncll....of ..thEl....f30f()ugtlofCart9relon JUNL17, ..:WIOatapproximately6.00 P.M",Ml:!lTloriaJ MUnrcrpaJ> Bulldlng'(jl Co9ke.A\&'wet......Carteret. .......NE!wJer~y ........a:t ' WrllchJlmlll.a:MPI.a:ce.a:lI~rs'ol1:slnterested, mWtla~i~~~;i~Tri:X~~b~.he;~~. ($11.34) '145481 b'Of\V{!GHOf(~m~[j ORDINANCE II 10-5 ORDINANCE REQUIRING PRIVATE STORM DRAIN RETROFITTING APPROVED AND ADOPTED: - JUNE ,lJnt86SCED: r \ 22 2010 (;red ilS ad9jJt- L ,,1 firs.!. rCildrni! wfth moM d Public ~,~j~ 2010 Healing Held: JUNE ~ 2010 ~~Ok D~ilEl J. REIMAN Advertired i1sfinillly i1dt?P.ted: JUNE 2&l,2010 KATHlEtl'l BARNEY MUNICIPAL CLERK ($8,lm 160891 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: June 21. 2010 LINDA A RIVERA NOTARY PU8L1C OF NEW JERSEY MY COfvlMISSION EXPlflES MAY 2, 2011 ~U/~;&/L~61..<' -< I" '....--- Kathleen M. Barney, MMC Municipal Clerk ~o ~^~ Notary Public of New Jersey Sworn and SUbscribe~~o:~ me thisc?~ day of I .;l OJ O. BOROUGH Of CARTERET QRDiNANdE:i#........t()~$ ORplNANCE REQUIRING PRIVATE STORM ORAIN RETROFITTING APPRovED AND ADOPTED:.~ JUNE IIJt~868cEO, AP8ll2:?....?Oli:) M~~1i~~r$fsi=gSrnt~ will1... JWth:;e,oJpu~!i~ ~ir~ig~:kQid r~f{k~fi!e~t~o ttl~g'ff1,~l'i'EL J. REIMAN Advl;lrtised as fin~Uy ;JIWI~bl313NEV MUNICIPAL CLERK ($8,10) .... 160891 (j) ~?t[/-1.~~Lj (y J-/tJ, ~- ~-