Ordinance No. 13-10
Introduced: June 3, 2010
Public Hearing: July 1, 2010
Status: Adopted
An ordinance amending Article VIII, Maintenance and Preservation of Parking Areas, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, the Tier A Municipal Stormwater General Permit (Tier A Permit) for discharge to surface water and groundwater is one of four New Jersey Pollutant Discharge Elimination System (NJPDES) general permits that are part of the Municipal Stormwater Regulation Program established by the New Jersey Departmental of Environmental Protection (DEP); and
WHEREAS, the Township of Randolph received authorization under the Tier A Permit to discharge stormwater from municipal separate storm sewers -in 2004; and
WHEREAS, on March 1, 2009, the DEP renewed the Tier A Permit for an additional five year period and amended the Tier A Permit to refine aspects of the Tier A Permit to better protect water quality and to assist municipalities in complying with the conditions of the Tier A Permit; and
WHEREAS, the amendments to the Tier A Permit require the Township of Randolph to have fully implemented a private storm drain retrofit ordinance consistent with the model ordinance provided by the DEP by September 1, 2010; and
WHEREAS, the Township of Randolph desires to amend Article VIII, Maintenance and Preservation of Parking Areas, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph to be consistent with the model ordinance provided by the DEP and to require the upgrade of privately owned drainage inlets so as to reduce the overall amount of floatable debris entering waterways, thereby helping to protect and improve surface water quality.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Article VIII, Maintenance and Preservation of Parking Areas, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph is hereby amended by the addition of the following:
Sec. 44-264—Resurfacing of Existing Parking Areas and Driveways
(a) Purpose.
This section requires 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 Township of Randolph so as to protect public health, safety and welfare, and prescribes penalties for the failure to comply. In order to facilitate the upgrading of storm drain inlets, the Township will maintain a stock of grates and curb pieces that meet the upgrade standards that will be made available to property owners on a first come-first serve basis. The components will be provided to property owners at the Township’s cost and must be picked up by the property owners and installed on sites within the Township within 30 days of pick up.
(b) 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.
1. 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 Randolph Township or other public body, and is designed and used for collecting and conveying stormwater.
2. Person—any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
3. 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.
4. 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.
(c) 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 44-264(d) below prior to the completion of the project.
(d) Design Standard:
Storm drain inlets identified in Section 44-264(c) 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 44-264(d)3 below.
1. Property owners 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 property owners 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.
(e) Enforcement:
This ordinance shall be enforced by the Engineering Department of Township of Randolph.
(f) Penalties:
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to one warning. For each subsequent violation, the penalty shall be in accordance with Section 1-7 of the Revised Ordinances of the Township of Randolph. Each storm drain inlet that is not retrofitted to meet the design standard shall be considered a separate offense.
SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION FOUR. This Ordinance shall take effect as provided by law.
ATTEST
_____________________________
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
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Jay Alpert, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 13-10
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Article VIII, Maintenance and Preservation of Parking Areas, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 3, 2010 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on July 1, 2010 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Article VIII, Maintenance and Preservation of Parking Areas, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph to be consistent with the model ordinance provided by the DEP and to require the upgrade of privately owned drainage inlets so as to reduce the overall amount of floatable debris entering waterways, thereby helping to protect and improve surface water quality.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey