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Borough of North Caldwell
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Stormwater Management 

§ 53-10.     Pet waste. - Click to view Online Code Book
 

A.        Purpose. The purpose of this section is to establish requirements for the proper disposal of pet solid waste in North Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

B.        Definitions and word usage. As used in this section:

            IMMEDIATE — The pet solid waste is removed at once, without delay.

            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.

            PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

            PET — A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

            PET SOLID WASTE — Waste matter expelled from the bowels of the pet; excrement.

            PROPER DISPOSAL — Placement in a sealed, nonabsorbent, leak-proof container or designated waste receptacle or other suitable container, and discarded in a refuse container which is regularly emptied by the borough or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal. (Ord. No. 15-10)

C.        Requirement for disposal. 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.

D.        Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

E.         Enforcement. The provisions of this section shall be enforced by the Police Department and the Health Officer of North Caldwell.

§ 38-38.     Wildlife feeding. - Click to view Online Code Book. 
 

A.        Purpose. The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or any other property owned or operated by the Borough of North Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

B.        Definitions. As used in this section:

(1)        FEED shall mean 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 on legal taking of fish and/or game.

(2)        PERSON shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

(3)        WILDLIFE shall mean all animals that are neither human nor domesticates, including all feral animals.

(4)        BIRD shall mean a warm-blooded egg-laying vertebrate characterized by feather and forelimbs modified as wings.

(5)        BIRDFEEDER shall mean any outdoor container for birdfeed, or any item construed as birdfeed, used to attract wild birds.

C.        Prohibited conduct.

(1)        No person shall purposely or knowingly, with an intent to provide such food, feed, bait, or in any manner provide access to food, to any wildlife on lands either publicly or privately owned, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program).

(2)        No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, salt, seed, birdseed, fruit or grain in a manner that would constitute an attractant to any wildlife.

(3)        Nothing herein shall be construed to prohibit the feeding of wild birds using birdfeeders, provided such feeding does not create an unreasonable interference to surrounding property owners or become an attractant for rodents or other wildlife. Birdfeeders shall be placed at least five (5) feet above the ground and the areas in and around any birdfeeder shall be kept free and clear of birdfeed, or any item construed as birdfeed.

D.        Enforcement.

(1)        This section shall be enforced by the North Caldwell Police Department and the North Caldwell Board of Health or its duly appointed officer.

(2)        Any person found to be in violation of this section shall be ordered to cease the feeding immediately.

E.         Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq.

§ 53-12.     Improper disposal of waste into municipal storm sewers. - Click to view Online Code Book
 

A.        Purpose. The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater into the municipal separate storm sewer system (MS4) operated by North Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.        Definitions and word usage. As used in this section:

            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 North Caldwell or other public body, and is designed and used for collecting and conveying stormwater.

            PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

            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.

C.        Prohibited conduct. The spilling, dumping, or disposal of materials other than stormwater into the municipal separate storm sewer system operated by North Caldwell 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.

D.        Exceptions to prohibition.

(1)        Water line flushing and discharges from potable water sources.

(2)        Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).

(3)        Air-conditioning condensate (excluding contact and noncontact cooling water).

(4)        Irrigation water (including landscape and lawn watering runoff).

(5)        Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

(6)        Residential car washing water, and residential and municipal swimming pool discharges.

(7)        Sidewalk, driveway and street wash water.

(8)        Flows from fire-fighting activities.

(9)        Flows from rinsing equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing 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. Rinsing of such equipment is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

E.         Enforcement. This article shall be enforced by the Police Department of North Caldwell and the Borough Engineer.

§ 53-14.     Containerized yard waste, placement in street prohibited. lick to view Online Code Book
 

A.        Purpose. The purpose of this section is to establish requirements for the proper handling of yard waste in North Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.        Definitions and word usage. As used in this section:

            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.

            PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

            STREET — Any street, avenue, boulevard, road, drive, or other way, which is an existing 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.

            YARD WASTE — Leaves and grass clippings.

C.        Prohibited conduct. 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 in the street, unless the yard waste is containerized. If yard waste that is not containerized is placed in the street, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.

D.        Enforcement. The provisions of this article shall be enforced by the Police Department of North Caldwell.

§ 53-17.     Fertilizer regulations. Click to view Online Code Book
 

            The Borough of North Caldwell shall require compliance with N.J.S.A. 58:10A-61 et seq. relative to turf fertilizer use and application. 

§ 53-18.     Covering of dumpsters and refuse containers. Click to view Online Code Book
 

A.        Purpose.

The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of North Caldwell and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.        Definitions.

            As used in this section:

            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 the Borough of North Caldwell or other public body, and is designed and used for collecting and conveying stormwater.

            PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

            REFUSE CONTAINER — Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

            STORMWATER — Means 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.

            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 Acts, Covering of Dumpsters and Containers Required.

            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, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of North Caldwell.

D.        Exceptions to prohibitions.

(1)        Permitted temporary demolition containers

(2)        Litter receptacles (other than dumpster or other bulk containers)

(3)        Individual homeowner trash and recycling containers

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

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

E.         Enforcement.

            This section shall be enforced by the Police Department of the Borough of North Caldwell and the Borough Engineer.

§ 53-19.     Private storm drain inlet retrofitting. Click to view Online Code Book
 

A.        Purpose.

            The purpose of this section is to require 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 North Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.        Definitions. As used in this section:

            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 the Borough of North Caldwell or other public body, and is designed and used for collecting and conveying stormwater.

            PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

            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.

            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 subsection D below prior to the completion of the project.

D.        Design standards.

            Storm drain inlets identified in subsection 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 subsection D(3).

(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 Borough 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.

E.         Enforcement.

            This section shall be enforced by the Borough Engineer of the Borough of North Caldwell.

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Additional Information

Please review the website at www.cleanwaternj.org for ordinance information.

On-Site Stormwater Detention

 

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