Millstone Township City Zoning Code
ARTICLE 16
Stormwater Management
§ 35-16-1 CONTAINERIZED YARD WASTE.
[Ord. No. 05-48 § I]
In the event noncontainerized yard waste is found on any person's property within the Township, a rebuttable presumption shall arise that the owner and/or occupant of the property in front of which said noncontainerized yard waste is located has improperly disposed of yard waste contrary to the provisions of this subsection.
§ 35-16-1.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary.
a.
CONTAINERIZED – The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
b.
PERSON – Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c.
STREET – Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
d.
YARD WASTE – Leaves and grass clippings.
§ 35-16-1.2 Prohibited Conduct.
[Ord. No. 05-48 § I]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, into the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
§ 35-16-1.3 Enforcement.
[Ord. No. 05-48 § I]
A summons alleging a violation of this section may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
In the event noncontainerized yard waste is found in the street along any person's property within the Township, a rebuttable presumption shall arise that the owner and/or occupant of the property in front of which said noncontainerized yard waste is located has improperly disposed of yard waste contrary to the provisions of this subsection.
§ 35-16-1.4 Violations and Penalties.
[Ord. No. 05-48 § I]
Any person who violates or neglects to comply with any provision of this subsection shall be liable to the penalty stated in Chapter 1, § 1-5. Any person issued a first or second violation hereunder within a year and who intends to plead guilty to the charge shall not be required to make a court appearance, but shall pay a fine of $50 for a first offense and $100 for a second offense. Third and subsequent offenses within a year require a court appearance and it is the intention that he/she be punished severely, within the discretion of the Municipal Court Judge.
§ 35-16-2.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
a.
DOMESTIC SEWAGE – Waste and wastewater from humans or household operations.
b.
ILLICIT CONNECTION – Any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Millstone, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
c.
INDUSTRIAL WASTE – Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
d.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) – A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
e.
NJPDES PERMIT – A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
f.
NON-CONTACT COOLING WATER – Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
g.
PERSON – Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
h.
PROCESS WASTEWATER – Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
i.
STORMWATER – Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
§ 35-16-2.2 Prohibited Conduct.
[Ord. No. 05-48 § I]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Millstone any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
§ 35-16-2.3 Enforcement.
[Ord. No. 05-48 § I]
This subsection shall be enforced by the Code Enforcement Officer of the Township of Millstone.
§ 35-16-2.4 Penalties.
§ 35-16-3.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary.
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, man-made channels, or storm drains) that is owned or operated by the Township of Millstone 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.
STORMWATER – Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
§ 35-16-3.2 Prohibited Conduct.
[Ord. No. 05-48 § I]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Millstone is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
§ 35-16-3.3 Exceptions to Prohibition.
[Ord. No. 05-48 § I]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
2.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
§ 35-16-3.4 Enforcement.
[Ord. No. 05-48 § I]
This subsection shall be enforced by the Code Enforcement Officer of the Township of Millstone.
§ 35-16-3.5 Penalties.
§ 35-16-4.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary.
a.
LITTER – Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
b.
LITTER RECEPTACLE – A container suitable for the depositing of litter.
c.
PERSON – Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
§ 35-16-4.2 Prohibited Acts and Regulated Activities.
[Ord. No. 05-48 § I]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than a litter receptacle, or having done so, to allow such litter to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this subsection, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this subsection.
§ 35-16-4.3 Enforcement.
[Ord. No. 05-48 § I]
A summons alleging a violation of this subsection may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
§ 35-16-4.4 Penalties.
§ 35-16-5.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary.
a.
IMMEDIATE – Removal of pet solid waste at once, without delay.
b.
OWNER/KEEPER – Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
c.
PERSON – Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
d.
PET – Any animal (other than a disability assistance animal) kept for any period of time at any residence located within Millstone Township.
e.
PET SOLID WASTE – Waste matter expelled from the bowels of the pet; excrement.
f.
PROPER DISPOSAL – Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
§ 35-16-5.2 Requirements for Disposal.
[Ord. No. 05-48 § I]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
§ 35-16-5.3 Exemptions.
[Ord. No. 05-48 § I]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
§ 35-16-5.4 Enforcement.
[Ord. No. 05-48 § I]
A summons alleging a violation of this subsection may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
§ 35-16-5.5 Violations and Penalty.
§ 35-16-6.1 Definitions.
[Ord. No. 05-48 § I]
The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. The word "shall" is always mandatory and not merely discretionary.
a.
FEED – To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
b.
PERSON – Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c.
DOMESTICATED – Animals that are housed in or at a residence located within or beyond the Township of Millstone.
d.
WILDLIFE – All animals that are not domesticated.
§ 35-16-6.2 Prohibited Conduct.
[Ord. No. 05-48 § I]
No person shall feed, in any public park or on any other property owned or operated by the Township of Millstone, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, stables, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
§ 35-16-6.3 Enforcement.
[Ord. No. 05-48 § I]
A summons alleging a violation of this subsection may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
§ 35-16-6.4 Violations and Penalties.
§ 35-16-7.1 Definitions.
[Ord. No. 10-31]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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.
The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
§ 35-16-7.2 Prohibited Conduct.
[Ord. No. 10-31]
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:
§ 35-16-7.3 Design Standard.
[Ord. No. 10-31]
Storm drain inlets identified in § 35-16-7.2 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 Subsection c 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 7.0 square inches, or is no greater than 0.5 inch 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 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
c.
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.
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:
3.
Where flows are conveyed through a trash rack that has parallel bars with one inch 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.
§ 35-16-7.4 Enforcement.
[Ord. No. 10-31]
A summons alleging a violation of this section may be issued by the Millstone Township Code Enforcement Officer or by any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.
§ 35-16-7.5 Violations and Penalties.
§ 35-16-8.1 Definitions.
[Ord. No. 10-31]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
§ 35-16-8.2 Prohibited Conduct.
[Ord. No. 10-31]
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.
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, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of Millstone.
§ 35-16-8.3 Exceptions to Prohibition.
[Ord. No. 10-31]
a.
Permitted temporary demolition containers;
b.
Litter receptacles (other than dumpsters or other bulk containers);
c.
Individual homeowner trash and recycling 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).
§ 35-16-8.4 Enforcement.
[Ord. No. 10-31]
A summons alleging a violation of this section may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.