Article VI - Environmental Regulations
30-156 STORMWATER MANAGEMENT.

30-156.1 Yard Waste Collection.

a. Definitions. For the purpose of this subsection, 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.



CONTAINERIZED shall mean 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 shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

STREET shall mean 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.

YARD WASTE shall mean leaves and brush.



b. Yard Waste Collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than ten (10) feet from any storm drain inlet. Such yard waste shall only be placed in front of the property from which it came. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this chapter and may result in an assessment and/or penalty as described in paragraphs d. and e. below. If such placement of yard waste occurs, the person responsible for placement of the yard waste must remove the yard waste from the street or said person shall be deemed in violation of this subsection.

c. Enforcement. The provisions of this subsection shall be enforced by the Code Enforcement Officer of the Township of Holmdel.

d. Assessment. In the event that the placement restrictions set out in paragraph b. above are violated, the Code Enforcement Office may assess a payment of twenty-five ($25.00) dollars for a first offense in any calendar year, or fifty ($50.00) dollars for a second and subsequent offense in any calendar year. The assessment shall be levied against the owner of the property in front of which the yard waste had been placed, as such owner is shown on the official tax records of the Township ("Tax Records"). The assessment shall be levied by written notice sent by certified mail, return receipt requested to the owner at the address shown on the tax records. In the event more than one owner is set forth in the tax records, the Code Enforcement Officer may issue the assessment as to any such owner. Failure of the owner to pay such assessment may result in penalties set out in paragraph e. below, charging a violation of this paragraph d. and/or a violation of paragraph b.

e. Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalties set forth in Chapter XXX, Section 30-29, of this Code. (Ord. No. 2005-44 § I; Ord. No. 2010-01 § I)



30-156.2 Illicit Connection.

a. Definitions. 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.



DOMESTIC SEWAGE shall mean waste and wastewater from humans or household operations.



ILLICIT CONNECTION shall mean 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 Holmdel, 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.

INDUSTRIAL WASTE shall mean 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))

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) shall mean 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 Holmdel or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT shall mean 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.

NON-CONTACT COOLING WATER shall mean 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.

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

PROCESS WASTEWATER shall mean 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, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

STORMWATER shall mean 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.



b. Prohibited Conduct. 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 Holmdel any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

c. Enforcement. This subsection shall be enforced by the Code Enforcement Officer of the Township of Holmdel.

d. Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalties set forth in Chapter XXX, Section 30-29, of this Code. (Ord. No. 2005-44 § I)

30-156.3 Improper Disposal of Waste.

a. Definitions. 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.



MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) shall mean 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 Holmdel or other public body, and is designed and used for collecting and conveying stormwater.

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

STORMWATER shall mean 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.



b. Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the township of Holmdel 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.

c. Exceptions to Prohibition.

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

2. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).

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

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

5. Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted steam flows.

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

7. Sidewalk, driveway and street wash water.

8. Flows from the fire fighting activities.

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

(a) 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.

(b) 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.

10. Vehicle and equipment wash water from municipal operations pursuant to Part I, Section F.8.e. of Holmdel Township's Tier A General Stormwater Permit.

d. Enforcement. This subsection shall be enforced by the Code Enforcement Officer of the Township of Holmdel.

e. Penalties. Any person(s) who continues to be in violation of the provisions of this subsection, after being duly notified, shall be subject to the penalties set forth in Chapter XXX, Section 30-29 of this Code. (Ord. No. 2005-44 § I)

30-156.4 Litter Control.

a. Definitions. 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.



LITTER shall mean 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.

LITTER RECEPTACLE shall mean a container suitable for the depositing of litter.



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



b. Prohibited Acts and Regulated Activities.

1. 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 in a litter receptacle, or having done so, to allow such litter to remain.

2. 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.

c. Enforcement. A summons alleging a violation of this subsection may be issued by the Holmdel Township Code Enforcement Officer or by the Holmdel Township Police Department. Alternatively, any individual may file a complaint with the Holmdel Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

d. Penalties. Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to the penalties set forth in Chapter XXX, Section 30-29 of this Code. (Ord. No. 2005-44 § I)

30-156.5 Pet Waste.

a. Definitions. 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.



IMMEDIATE shall mean removal of pet solid waste at once, without delay.



OWNER/KEEPER shall mean 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 shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PET shall mean any animal (other than a disability assistance animal) kept for any period of time at any residence located within Holmdel Township.

PET SOLID WASTE shall mean waste matter expelled from the bowels of the pet; excrement.



PROPER DISPOSAL shall mean 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.



b. Requirements 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.

c. Exemptions. 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.

d. Enforcement. A summons alleging a violation of this subsection may be issued by the Holmdel Township Code Enforcement Officer or by the Holmdel Township Police Department. Alternatively, any individual may file a complaint with the Holmdel Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

e. Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalties set forth in Chapter XXX, Section 30-29 of this Code. (Ord. No. 2005-44 § I)

30-156.6 Wildlife Feeding.

a. Definitions. 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.



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 in the legal taking of fish and/or game.

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

DOMESTICATED shall mean animals that are housed in or at a residence located within or beyond the Township of Holmdel.

WILDLIFE shall mean all animals that are not domesticated.



b. Prohibited Conduct. No person shall feed, in any public park or on any other property owned or operated by the Township of Holmdel, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, stables, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

c. Enforcement. A summons alleging a violation of this subsection may be issued by the Holmdel Township Code Enforcement Officer or by the Holmdel Township Police Department. Alternatively, any individual may file a complaint with the Holmdel Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

d. Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalties set forth in Chapter XXX, Section 30-29, of this Code. (Ord. No. 2005-44 § I)

30-157 STORMWATER MANAGEMENT AND CONTROL.

30-157.1 Title.

This section shall be known as and may be cited as the "Stormwater Management Ordinance of the Township of Holmdel." (Ord. No. 2006-06 § 3)

30-157.2 Scope and Purpose.

a. Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural Best Management Practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

b. Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for development.

c. Applicability. This section shall be applicable to all development which:

1. Requires a development permit as defined in Chapter XXX of the Code of the Township of Holmdel; and

2. Requires site plan or subdivision approval as defined in Chapter XXX of the Code of the Township of Holmdel; and

3. Constitutes a major development as defined by N.J.A.C. 7:8-1.2 et seq.

d. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals under the development permit, subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control. (Ord. No. 2006-03 § 3)