Borough of Stanhope, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 111.
Refuse and litter — See Ch. 113, Art. I.
As to legislation adopted by the Board of Health, consult Part III of this Code.
[Adopted 3-26-1951]
[Amended 12-27-1988 by Ord. No. 1988-32; 9-24-1991 by Ord. No. 1991-19]
All garbage, litter, rubbish, refuse and other nonrecyclable solid waste shall be removed by the Department of Public Works from all residential units and commercial establishments placing said material at the curb in containers as described in § 89-2A and B; from designated dumpster sites at all high-density residential complexes; and from commercial establishments utilizing dumpsters that they own and maintain, but not exceeding three cubic yards per establishment. Each business or resident shall be limited to a maximum volume of three cubic yards of solid waste per collection, regardless of the type of container used. Any resident or business using the borough's curbside collection service, however, shall be limited to four containers per collection; otherwise, a dumpster shall be required.
[Amended 2-23-1988 by Ord. No. 1988-4; 12-27-1988 by Ord. No. 1988-32]
A. 
All residents and businesses of the borough must ensure proper storage of garbage, trash, refuse and other solid waste in metal or plastic receptacles with tight-fitting covers or lids and in such a manner as to prevent the escape of foul odors and access thereto by flies and other vermin. When said receptacles are stored outside, they shall be in the rear yard or side yard only and no less than 10 feet from any property line. Residents and/or businesses finding these requirements governing outside storage a hardship may appeal, in writing, to the governing body for relief.
[Amended 2-26-1991 by Ord. No. 1991-3]
B. 
All residents and businesses utilizing the curbside collection service provided by the borough shall place solid waste at the curb, utilizing only the type of receptacles described in Subsection A above, no sooner than the evening prior to the day of collection. Said receptacles shall be retrieved and returned to the proper storage location no later than evening on the day of collection. Under no circumstances, however, shall the use of cardboard boxes or paper bags be permitted, and at no time shall the weight of any single container of solid waste set out for collection exceed 75 pounds.
C. 
Lawn clippings or other yard waste shall be separated from all other solid waste and shall not be set out for collection with other solid waste, nor shall the borough or any private hauler duly authorized to provide solid waste collection and transport services be permitted to collect the same for disposal. This provision, however, shall not be construed to prevent the proper composting or recycling of said material in accordance with rules and procedures as may be adopted by the borough from time to time.
[Amended 7-27-1999 by Ord. No. 1999-15]
D. 
Tree limbs measuring six inches in diameter or more shall not be set out for collection, nor shall the borough be permitted to collect same for disposal. Tree limbs measuring less than six inches in diameter and brush shall be separated from all other solid waste and tied in bundles measuring no more than four feet in length nor more than three feet in height. Properly bundled brush and tree limbs will be collected curbside according to a schedule to be determined by the borough.
[Added 7-27-1999 by Ord. No. 1999-15]
[Added 10-31-1989 by Ord. No. 1989-17]
A. 
No bulk item may be placed at the curb for collection any sooner than the evening prior to the day of collection. Any item(s) refused for collection must be retrieved no later than the evening of the day of collection. Bulk items are defined as, but are not limited to, the following:
[Amended 9-24-1991 by Ord. No. 1991-19; 11-26-1996 by Ord. No. 1996-17]
(1) 
White goods such as refrigerators, freezers, washers, dryers, stoves, dishwashers, trash compactors and water heaters.
(2) 
Furniture such as couches, recliners, loveseats, tables, chairs and mattress and boxspring sets.
(3) 
Bathroom appliances such as tubs, sinks and commodes.
(4) 
Carpeting and rugs.
(5) 
Anything of a size and/or weight comparable to the foregoing items and that is permitted in the landfill.
B. 
No person(s) may put out for collection any building material of any description, including but not limited to roofing tile or shingles, lumber, Sheetrock or drywall, doors, cabinets, bricks or concrete blocks, siding or similar material that has been generated as waste from any work requiring a construction permit, whether performed under contract or otherwise. Any such material generated from a project not requiring a permit shall be placed in garbage cans, and each such can shall be treated as an individual bulk item subject to registration and payment requirements, as set forth above in Subsection A of this section. The gross weight of said cans shall not exceed 75 pounds, and said cans shall be placed at the curb for collection only on the appointed bulk collection day.
[Amended 2-23-1993 by Ord. No. 1993-1]
C. 
No building permit shall be issued unless the applicant for the same can demonstrate that he has arranged for the legal disposal of construction debris (building material) generated by the project for which the permit is to be issued.
D. 
Bulk garbage collection shall be provided by the borough to businesses in Stanhope desiring to utilize said service not more than once per calendar quarter and shall be limited to one item per collection according to a schedule to be developed by the Department of Public Works Superintendent.
[Added 6-29-1999 by Ord. No. 1999-12]
[1]
Editor's Note: Former § 89-2.1, Collections, authorized and prohibited, added 2-23-1988 by Ord. No. 1988-4, was repealed 12-27-1988 by Ord. No. 1988-32.
[1]
Editor's Note: Former § 89-3, Collection and storage, amended 8-31-1953, was repealed 12-27-1988 by Ord. No. 1988-32.
[Added 2-23-1988 by Ord. No. 1988-4; amended 5-31-1988 by Ord. No. 1988-11; 12-27-1988 by Ord. No. 1988-32; 12-16-2008 by Ord. No. 2008-17]
A. 
All residents shall be required to source separate leaves from solid waste generated at their premises from September 1 through December 31 of each year; and, unless leaves are stored or recycled for composting or mulching by the generator, the same shall be placed at the curb for collection by authorized Borough personnel. Under no circumstances, however, are leaves to be raked into or upon a public street or roadway.
B. 
All residents and businesses placing solid waste at the curb for collection shall be required to source separate all bulk metal items, including but not necessarily limited to household appliances, automobile parts, scrap plumbing, window casements and other scrap metal from solid waste generated at their premises, and place the same at the curb for collection on the day designated by the Borough. This provision shall in no way prevent the generator from personally delivering bulk metal directly to an authorized metal recycler or recycling center.
C. 
All residents and businesses shall be required to source separate all "covered electronic devices." "Covered electronic devices" means a desktop or personal computer, computer monitor, portable computer or television sold to a consumer. All residents and businesses shall recycle covered electronic devices at the Borough DPW site or at the Sussex County Municipal Utilities Solid Waste Site in Lafayette, New Jersey, on such dates and times as shall be designated by the Borough.
(1) 
Recyclable materials shall include the following:
(a) 
Newspapers, inclusive of all sections and inserts.
(b) 
Glass; transparent and translucent glass bottles and jars.
(c) 
Aluminum food and beverage containers.
(d) 
Plastic containers; containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, and water or detergent bottles.
(e) 
Ferrous scrap; tin and bimetal food cans/containers.
(f) 
Corrugated paper; cardboard.
(g) 
Paper products, including high-grade paper such as that used for copiers, computers and ledgers; books; magazines; catalogs.
(h) 
Tires, on or off rims.
(2) 
Residents desiring curbside collection of tires must pay a fee in advance to the Borough Clerk as set forth in Chapter 82, Fees.
(3) 
All commercial establishments that contract directly with licensed recycling operators must maintain an accurate record of all materials recycled by type and amount; and said establishments shall provide copies of all weight slips, or similar documentation, monthly to the Borough, for inclusion in its annual recycling tonnage report to the New Jersey Department of Environmental Protection's Office of Recycling.
(4) 
Recycled material set out for collection by the Borough shall be prepared and placed at the curb in receptacles in accordance with rules and procedures as may be promulgated from time to time by the Superintendent of Public Works. The receptacles shall be placed curbside no sooner than the evening prior to the day of collection. Said receptacles shall be retrieved and returned to the proper storage location no later than evening on the day of collection. All residents shall keep all receptacles clean and in safe handling condition. All receptacles shall be placed, prior to collection, between the curb and the sidewalk, or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians.
D. 
Recyclable material, including bulk metal placed at the curb, shall be collected only by authorized Borough personnel; collections by private haulers, scavengers or other unauthorized persons is strictly prohibited unless otherwise provided by contract as may be authorized by the governing body of Stanhope.
E. 
Recyclable material may be stored outside, but must be in a condition that will not attract animals or insects or create a litter problem. Said material must be stored in a rear or side yard and no closer than 10 feet to any property line.
[Added 12-16-2008 by Ord. No. 2008-17]
New developments of multifamily residential units or commercial, institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.):
A. 
Any application to the Land Use Board of the Borough of Stanhope for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development (Note: A calculation of average amounts of materials generated from similar facilities in the county may be provided to satisfy this requirement.); and
(2) 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
B. 
Prior to the issuance of a certificate of occupancy by the Borough of Stanhope, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the Borough does not otherwise provide this service.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Borough Engineer.
[Amended 5-31-1978 by Ord. No. 1978-9; 6-30-1998 by Ord. No. 1998-8; 12-16-2008 by Ord. No. 2008-17]
Any person violating any provision of this article shall, upon conviction, be punishable by a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or a period of community service, not exceeding 90 days, or any combination thereof.
The expenses of said garbage collection shall be raised by general taxation, levied and assessed upon the tax ratables of said borough in the same way and manner as other borough taxes.
[Adopted 10-25-2011 by Ord. No. 2011-17]
This article requires 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, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Stanhope 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.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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, man-made channels, or storm drains) that is owned or operated by the Borough of Stanhope 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
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 water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
A. 
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.
B. 
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 Borough of Stanhope.
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).
This article shall be enforced by the Code Enforcement Officer of the Borough of Stanhope.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the penalties set forth in § 89-4 hereof.