ORDINANCE 2023-05

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER AMENDING THE TOWNSHIP’S MUNICIPAL CODE FOR PURPOSES OF PROHIBITING THE IMPROPER DISPOSAL OF MATERIALS INTO THE MUNICIPAL STORM SEWER SYSTEM OPERATED BY THE TOWNSHIP OF NORTH HANOVER

SECTION 1. Purpose

An ordinance to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of North Hanover, Burlington County, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2. 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.

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, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] 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.

SECTION 3. Prohibited Conduct

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by Township of North Hanover, Burlington County 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.

SECTION 4. Exceptions to Prohibition

The following are exceptions to the prohibition:

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 fire-fighting activities.

i. Flows from rinsing of the following equipment with clean water:

(i) Beach maintenance equipment immediately following their use for their intended purposes; and

(ii) 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.

(iii) 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.

SECTION 5. Enforcement

This ordinance shall be enforced by the Township Police Department and/or Zoning Officer of the Township of North Hanover, County of Burlington.

SECTION 6. Penalties

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, shall be subject to the general penalties set forth in Section 1-035 of the Municipal Code of the Township of North Hanover.

SECTION 7. 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 8. Repealer

All provisions of any other ordinance which are inconsistent with the provisions of this Ordinance are hereby repealed.

SECTION 9. Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

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NOTICE

This Ordinance published herewith was introduced and passed upon first reading at the regular meeting of the Township Committee of the Township of North Hanover held on May 18, 2023. It will be further considered for final passage after a public hearing to be held on June 15, 2023, at the Municipal Building, 41 Schoolhouse Road, Jacobstown, NJ at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time and place any person desired to be heard upon the same will be given an opportunity to be heard. Copies are available free of charge at the Municipal Clerk’s Office prior to the public hearing.

______________________________
Mary Picariello, RMC/CMR/CTC

Municipal Clerk

Vote on Introduction of Ordinance:

NOTICE

The ordinance read by title upon second reading herewith has been adopted at the meeting of the Township Committee of North Hanover Township, held on June 15, 2023, and the 20-day period of limitation within which a suit, action or validity of such ordinance can be commenced, has begun to run from the date of the publication of this notice.

_________________________

Mary Picariello, RMC/CMR/CTC

Municipal Clerk

Vote on Adoption of Ordinance 2023-05: