Each property owner is privileged to make a reasonable use of his property even though the flow of surface waters is altered thereby and causes some harm to others. However, unreasonably harmful interference with the flow of waters shall be prohibited. The Zoning Officer in consultation with the Township Engineer shall determine if the interference is unreasonably harmful and shall have the authority under the enforcement powers of Section 16-306 to require that any violations of this provision be remedied.
A. The Parking or storage of any unregistered motor vehicle on any residential premises is expressly prohibited except as specifically provided in this section.
B. As utilized herein, the phrase "parking or storage" shall mean the keeping or maintaining of any motor vehicle irrespective of its state of repair or disrepair and irrespective of whether it shall be operable, of any vehicle which shall not be properly registered pursuant to the motor vehicular law as regulations of the State of New Jersey, this prohibition shall not apply to vehicles within garages.
C. The presence or lack of license plates on any vehicle issued by the State of New Jersey or by any other state or jurisdiction shall be irrelevant, for purposes of this Ordinance, to whether the vehicle is properly registered and the penalties provided herein shall be in addition to any penalties provided by law for improper, unauthorized or their illegal use of such license plates.
D. Whenever any police officer or Zoning Officer of the Township shall have reason to believe or suspect that any vehicle parked on or about any residential property is not legally and properly registered by the State of New Jersey or by any other State in accordance with the rules and regulations of the State of New Jersey, and shall have further reason to believe or suspect that such parking or storage shall have taken place for seven (7) days, irrespective of whether such days shall be consecutive or cumulative, and irrespective as to whether such days shall be consecutive, cumulative, and irrespective as to whether such parking or storage shall be on the same location at the premises, such officer shall issue a summons for violation of this section.
E. A vehicle parked or stored without valid license plates shall be presumed, for purposes of this Section, not to be lawfully registered. In all other instances the burden of proof shall be upon the prosecuting officer, in the usual form and manner.
F. The Chief of Police or his assignee, which assignee shall be a superior officer of the Police Department, shall issue permits to any property owner who shall request, on a short and convenient form to be prepared by the Police Department for such purpose, a waiver of the provisions of the within Ordinance affecting such parking and storage, and such waiver permit shall be effective such reasonable period of time, to a maximum of one (1) year, as the circumstances may warrant, provided, however, that the grounds for such waiver shall consist solely of serious personal hardship on the part of the property owner or of a member of his immediate family. As utilized in this paragraph, the phrase "serious personal hardship" shall include illness or disability, employment, travel or temporary residence elsewhere, and shall be liberally construed in favor of the property owner.
G. Any permit issue pursuant to this section shall be dated and signed by the Chief of Police or his assignee, and shall be prominently displayed near the windshield of any such vehicle.
H. Any person may appeal the issuance of non-issuance of such waiver permits, and such appeal shall be to the Municipal Court, and thereafter, to the Superior Court of New Jersey or to such other tribune as may be designated by the laws of New Jersey.
I. Any person violating the provisions of this section shall be liable to a fine of up to one hundred ($100.00) dollars for each day of such violation, whether continuing or otherwise, and to imprisonment for a term of up to ten (10) days, or both.
J. Prior to the issuance by an officer of any summons for violating this section, this officer shall issue a written warning and shall give the alleged violator seven (7) days to remove the unregistered vehicle or to apply for a waiver permit as set forth above. While any such application is pending, no person shall be liable for the penalties set forth herein, nor shall any summons be issued. In the event an application for such permit is denied, such denial shall be in writing and shall personally be delivered, or forwarded by certified mail, to the applicant, who shall have seven (7) days from the receipt of such denial to commence his appeal. Any person aggrieved by the issuance of such permit may appeal its issuance at anytime during the period of the existences of the permit.
K. The sole issue before the Municipal Court in the event of any such appeal shall be whether the Police Department acted arbitrarily, capriciously or unreasonably in the denial or issuance of such permit. Upon consideration by a higher tribunal, such additional considerations as it may deem appropriate, including the effect, if any, upon the issuance of such permit upon neighbors' property values, may be considered.
[Ord. No. 2003-2737; Ord. No. 2004-2795; Ord. No. 2006-2879 § 5]
A. Purpose. It shall be the purpose of this Ordinance and these regulations to establish a review procedure and criteria for the clearing, regrading or filling of land, where site plan or subdivision review is not otherwise required, in order to avoid or minimize negative environmental impacts and potential impacts on adjoining properties.
B. Regulated Activities.
1. On any property, activity conducted wholly or cumulatively within any twelve (12) month period, which results in the removal of trees or vegetation, soil disturbance, grading or importation of fill, including wood chips, which affects an area of more than three thousand (3,000) square feet in any zone or the importation of more than ten (10) cubic yards of fill material, including wood chips.
2. On any property, where the area of activity or disturbance involves slopes of fifteen (15%) percent or greater, the removal of trees or vegetation, soil disturbance, grading or importation of fill, including wood chips, which affects an area of more than one thousand (1,000) square feet or the importation of more than five (5) cubic yards of fill material, including wood chips.
C. Required Procedures.
1. Prior to engaging in any regulated activity the person or persons responsible for the work or the property owner must file an Application for Development with the Zoning Officer, along with a plan, to scale, showing the proposed area of activity and the extent and nature of the work proposed. The Zoning Officer will transmit the plan and application to the Township Engineer's office.
2. Where it is determined that the proposed activity could result in significant environmental impacts, the Township Engineer's office may require a fully detailed and dimensioned grading plan, prepared by a professional engineer be submitted, as well as additional supporting documentation as may be necessary.
3. A grading plan review fee must also be paid at this time.
4. An applicant must receive an approved Application for Development from the Zoning Officer prior to commencing any such regulated activity. Said approval can be conditioned upon implementing measures recommended by the Township Engineer.
5. Where it is determined that a regulated activity may impact environmental features that may be under the jurisdiction of another governmental agency, the Zoning Officer may require approval of said agencies prior to issuing of an approved Application for Development.
D. Review Criteria.
1. The Township Engineer shall determine that the proposed regulated activity will not result in negative drainage or erosion impact on adjoining properties, beyond those that may have existed prior to commencing the regulated activity.
2. The Township Engineer shall consider and determine the extent to which alternative or optional measures may exist, in order to mitigate the impacts of the regulated activity.
3. It shall be prohibited to engage in any regulated activity when the purpose is merely a prelude to filing an Application for Development for either site plan or subdivision approval.
4. These regulations shall not apply to farming activities associated with land under farmland assessment or to any activity undertaken by a governmental agency or public utility.
5. These regulations shall not apply to routine property maintenance, or the removal of dead or diseased trees or the clearing of overgrown or nuisance vegetation.
[Ord. No. 2010-3012 §§ I - VI]
A. Maintenance of Containers; Covers Required.
1. Purpose. The purpose of this section is to govern dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits 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 Township of Middletown and/or Township of Middletown Sewerage Authority to protect the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
2. Definitions. For the purpose of this section, 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.
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 Township of Middletown and/or Township of Middletown Sewerage Authority, or other public body, and is designed and used for collecting and conveying stormwater. MS4s, however, do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
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 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 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.
3. Prohibited Conduct. 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 Township of Middletown or Township of Middletown Sewerage Authority.
4. Exceptions to Prohibition.
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 (i.e., furniture, bound carpet and padding, white goods placed curbside for pickup).
5. Enforcement. This section shall be enforced by the Police Department, Code Enforcement and/or Department of Public Works of the Township of Middletown.
6. Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine pursuant to Section 16-1011 of the Code of the Township of Middletown to each violation.
[Ord. No. 2010-3013 §§ I - VI]
A. Retrofitting of Existing Storm Drain Inlets.
1. Purpose. The purpose of this section is to address the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alteration 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 Middletown so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
2. Definitions. For the purpose of this section, 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.
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 Township of Middletown and/or Township of Middletown Sewerage Authority, or other public body, and is designed and used for collecting and conveying stormwater. MS4s, however, do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
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 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.
3. Prohibited Conduct. No person in control of private property, except a residential lot with one (1) 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:
a. Already meets the design standard below to control passage of solid and floatable materials; or
b. Is retrofitted or replaced to meet the standard in paragraph 4 below prior to the completion of the project.
4. Design Standards. Storm drain inlets identified in paragraph 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 paragraph 4,c.
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 dimensions.
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:
(a) A rectangular space four and five-eighths (4 5/8") inches long and one and one-half (1 1/2") inches wide (this option does not apply for outfall netting facilities); or
(3) Where flows are conveyed through a trash rack that has parallel bars with one (1") 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.
5. Enforcement. This section shall be enforced by the Police Department, Code Enforcement and/or Department of Public Works of the Township of Middletown.
6. Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine pursuant to Section 16-1011 of the Code of the Township of Middletown for each storm drain inlet that is not retrofitted to meet the design standard.
