[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood 8-10-2004 by Ord. No. 04-12R. Amendments noted where
applicable.]
A.
Every municipality wherein solid waste collection
services are contracted for and provided, wholly or in part, on an
individual, private contract basis is permitted by N.J.S.A. 40:66-5.1
to adopt a proof of service ordinance which requires all responsible
solid waste generators to contract or otherwise lawfully provide for
the collection of solid waste generated at applicable premises.
B.
N.J.S.A. 40:66-5.1 permits every municipality, as
part of its proof of service ordinance, to limit regular solid waste
collection service to specified operating hours in order to preserve
the peace and quiet during hours when most residents are asleep.
C.
The Borough of Fanwood has decided to adopt a proof
of service ordinance to regulate regular solid waste collection service
in the Borough including but not limited to the hours of collection.
As used in this chapter, the following terms
shall have the meanings indicated:
Grass, yard trimmings, paper, cardboards, rags, waste wood
and other combustible waste solids of a nonvolatile or nonexplosive
nature.
A solid waste container, as defined below, greater than 96
gallons, that is suitable for the depositing of solid waste, refuse,
or construction and demolition materials.
[Added 4-8-2008 by Ord. No. 08-03R]
Animal and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods (except human body wastes).
All solid waste material which does not burn.
Land and all buildings and structures located thereon.
Any property owner, tenant or occupant of any single-family
residential dwelling or multiple dwelling, or the owner of any commercial,
office, or institutional building or structure located within the
boundaries of any municipality, that generates solid waste at those
premises.
Garbage, refuse, and other discarded materials resulting
from industrial, commercial and agricultural operations, and from
domestic and community activities, and shall include all other waste
materials including liquids, except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such wastes to swine on
their own farms.
The activity related to pickup and transportation of solid
waste from its source or location to a solid waste facility or other
destination.
The scheduled pickup and removal of solid waste from residential,
commercial or institutional premises located within the boundaries
of the Borough of Fanwood at least once a week.
A receptacle, container or bag, not greater than 96 gallons,
that is suitable for the depositing of solid waste or refuse.
[Amended 4-8-2008 by Ord. No. 08-03R]
The storage, treatment, utilization, processing, or final
disposal of solid waste.
The plants, structures and other real and personal property
acquired, constructed or operated or to be acquired, constructed or
operated by any person pursuant to the provisions of N.J.S.A. 40:66-1.1
et seq., or any other act, including transfer stations, incinerators,
resource recovery facilities, sanitary landfill facilities or other
plants for the disposal of solid waste, and all vehicles, equipment
and other real and personal property and rights therein and appurtenances
necessary or useful and convenient for the collection or disposal
of solid waste in a sanitary manner.
A.
In the case of single-family, two-family and/or three-family
residential housing, each responsible solid waste generator shall
enter into a contract, written or oral, for regular solid waste collection
services with any person lawfully providing private solid waste collection
services; provided, however, that any responsible solid waste generator
transporting solid waste which is generated at his or her residential
premises directly to a solid waste facility shall be exempt. The responsible
solid waste generator shall arrange for solid waste collection at
least twice per week.
B.
In the case of multifamily residential housing (more
than three families), the responsible solid waste generator shall
enter into a contract, written or oral, for regular solid waste collection
service with any person lawfully providing private solid waste collection
services; provided, however, that any responsible solid waste generator
transporting solid waste which is generated at his or her multifamily
residential premises directly to a solid waste facility shall be exempt.
The owner of the multifamily dwelling shall provide a sufficient number
of appropriate solid waste containers for the deposit of nonrecyclable
waste materials to be disposed of as solid waste. The responsible
solid waste generator shall arrange for solid waste collection at
least twice per week.
C.
In the case of any commercial, office, and/or institutional
building or structure, the responsible solid waste generator shall
enter into a contract, written or oral, for regular solid waste collection
service with any person lawfully providing private solid waste collection
services. Solid waste collection shall take place daily unless sufficient
and suitable facilities are provided and used for the storage of such
solid waste on such premises until such solid waste is collected.
In no event shall solid waste collection take place less than once
per week.
D.
In the case of a responsible solid waste generator
that is transporting the solid waste which is generated at his or
her residential premises directly to a solid waste facility, every
such responsible solid waste generator shall furnish proof to the
Borough at least once every 12 months that the responsible solid waste
generator is transporting the solid waste which is generated at his
or her residential premises directly to the solid waste facility for
disposal.
E.
Solid waste collection may take place in the Borough
only between the hours of 6:00 a.m. and 7:00 p.m., prevailing time,
Monday through Saturday, from property located within all zones, including
CO-Commercial Office Zone, GC-General Commercial Business Zone, CC-Central
Commercial Business Zone, CC2-Central Commercial 2 Business Zone and
the LI-Light Industrial Zone.
[Amended 3-16-2020 by Ord. No. 20-07R]
F.
The restrictions set forth in Subsection D above shall not apply during any two-day period prior to predicted severe weather such as a snowstorm or hurricane, for a period of one day prior to or three days after such severe weather occurs, during periods of labor disputes or strikes involving the garbage collection systems, and/or for a period of one day prior to, or three days after, a national holiday.
A.
At least once every six months, all responsible solid
waste generators shall be notified of the requirements of this chapter.
B.
Such notification may be made by placing an advertisement
in a newspaper circulating in the Borough, by posting a notice in
public places where public notices are customarily posted, by including
such notice with other official notifications periodically mailed
to taxpayers, or by any combination thereof, as the Mayor and Council
shall deem necessary and appropriate.
C.
Failure on the part of the Mayor and Council to provide
such notice shall not relieve any solid waste generator of compliance
with this chapter.
[Added 7-8-2008 by Ord. No. 08-08R[1]]
No person or entity shall place on the exterior of any building
or structure in the Borough, whether on public or private property
and whether for solid waste collection, abandonment or otherwise,
an appliance large enough to fit a person, child or adult inside it,
unless the door to such appliance has been removed prior to it being
placed on the exterior of such building or structure. Such appliances
shall include, but not be limited to, refrigerators or similar appliances.
[Added 8-12-2008 by Ord. No. 08-13R[1]]
The Borough shall from time to time, as determined by resolution of the Mayor and Council, provide curbside pickup of limited types of household bulk waste for residents obtaining a permit ("permit") for such pickup. Permits shall only be issued to Borough residents who are owners or occupiers of residential property within the Borough, subject to the conditions set forth in § 160-7 (collectively "Borough residents").
[Added 8-12-2008 by Ord. No. 08-13R]
Only materials set forth in § 160-11 and which a Borough resident generates on residential premises in the Borough shall be eligible for collection in accordance with this chapter.
[Added 8-12-2008 by Ord. No. 08-13R]
A.
During such periods of time as the Mayor and Council determine by resolution to collect bulk waste in accordance with this chapter, permits shall be required to authorize curbside pickup of such waste from a Borough resident, and a fee will be charged for obtaining such permits as set forth in § 160-8C.
B.
The permit(s), for which the appropriate fee(s) has (have) been paid,
shall be displayed in the front windows of the residences from which
the bulk waste is to be collected so as to be visible from the street
to the contractor or person collecting such bulk waste.
C.
The permits shall be issued by the Department of Public Works at
a cost of not less than $65 and not more than $100, The Mayor and
Council shall determine the amount of the permit fee by resolution.
D.
Permits shall be issued only after proof of residence within or ownership
of the residence in the Borough has been submitted to the satisfaction
of the Director of the Department of Public Works.
E.
Each permit shall entitle the holder to dispose of up to 750 pounds
of bulk waste on one time only in accordance with the annual Public
Works schedule. A sticker distributed by the Borough at the time that
the permit is issued shall be affixed to the largest item of bulky
waste at curbside.
[Added 8-12-2008 by Ord. No. 08-13R]
The following materials shall not be eligible for pickup as
part of the bulk waste collection permitted by this chapter:
A.
Materials generated in a commercial or industrial enterprise or related
to commercial or industrial buildings or structures.
B.
Materials from a person engaged in the business of collection, transportation
and/or dumping of waste material, regardless of its origin.
C.
Materials generated from premises outside of the Borough.
D.
Examples of materials that are not eligible for pickup include but are not limited to the following: liquids, chemicals, liquid or solid, dirt, sand; rocks, fertilizer, cement, toxic or hazardous materials, kitchen garbage explosive materials, bottles; concrete, construction materials, materials from the demolition of a building or structure or part thereof; auto frames or bodies; wood more than three feet in length, paper, books and cardboard, auto batteries, tree stumps, vegetative waste, motor oil, newspapers, cans, items of excessive weight, paint, paint thinner, pesticides, herbicides, gas or propane containers, fuel tanks, any material in plastic bags, windows, window glass, leaders, tires (on rims), electronics (including but not limited to all computer equipment, televisions, videocassette recorders, DVD players, fax machines, printers, copiers), recyclable materials as set forth in § 235-1 of the Borough Code and in the annual Public Works schedule, or such other items that shall be delineated by the Borough Administrator and the Director of the Department of Public Works.
[Added 8-12-2008 by Ord. No. 08-13R]
If a Borough resident seeks to obtain a permit, the applicant
must complete an application prepared by the Borough, a copy of which
will be sent to all property owners in the Borough of Fanwood by mail
and/or available at the Department of Public Works. The application
must be completed and returned by mail, accompanied by a check for
the number of permits requested. Only checks payable to "Borough of
Fanwood" will be accepted. The permit(s) and sticker(s) shall be mailed
to the applicant after it has been determined that the applicant satisfies
all of the provisions of this chapter and after the applicant's check
has been collected. No permits shall be issued and no application
shall be accepted after the cutoff date established by the Mayor and
Council by regulation.
[Added 8-12-2008 by Ord. No. 08-13R]
The bulk waste collection program shall only permit the collection
of nonbiodegradable solid household waste material. Examples of acceptable
materials include but are not limited to indoor and outdoor furniture,
rugs, household appliances, household equipment, non-riding lawn mowers,
snow blowers, tools, play equipment and toys, screens, doors, water
heaters, waste lumber less then three feet in length, electrical materials
and similar items are acceptable.
[Added 8-12-2008 by Ord. No. 08-13R]
Persons who are issued a permit pursuant to this chapter shall
deposit items to be collected at curbside in front of the residence
(not in the street or on the sidewalk) no sooner than three days prior
to the designated collection date established by the Department of
Public Works for the collection in that area of the Borough and not
later than one day prior to the designated collection date.
[Added 8-12-2008 by Ord. No. 08-13R]
Random inspections shall be conducted by the Borough to ensure
compliance with this chapter and any rules and regulations established
by the Borough.
[Added 8-12-2008 by Ord. No. 08-13R]
The Department of Public Works and the Borough Administrator
may adopt any additional rules and regulations for the operation of
the bulk waste collection system as they may deem appropriate, so
long as these rules and regulations are not inconsistent with this
chapter. Upon adoption of any such rules and regulations, they shall
become effective as part of this chapter.
[Added 4-8-2008 by Ord. No. 08-03R[1]]
A.
All dumpsters are prohibited from being placed on any property located
in the residential zones of the Borough, except as otherwise set forth
in this chapter.
B.
Dumpsters shall only be placed on property in the residential zone
of the Borough by the owner or tenant of said lot on a temporary basis
as set forth hereafter. During the initial period as hereafter defined,
they (it) only shall be located in:
(1)
The rear yard of the property;
(2)
The driveway of the property, but no closer than 10 feet from the
property line;
(3)
The front or side yard of the property but no closer than 10 feet
from the closest property line; or
(4)
Where they (it) cannot be viewed from the street or public right-of-way.
[Added 4-8-2008 by Ord. No. 08-03R]
A.
Before any owner or tenant of any property in the Borough's residential
zone shall be permitted to place a dumpster on its property, it must
make application to the Borough Clerk for a permit to do so, which
application shall:
(1)
The owner and the tenant, if applicable;
(2)
The property on which the dumpster is to be placed;
(3)
The size of the dumpster;
(4)
The exact location proposed to place the dumpster (including the
approximate number of feet that the dumpster will be located from
the property line);
(5)
The reason for the dumpster, and the length of time that the dumpster
will need to be placed on the property.
B.
In addition to submitting the application referred to in Subsection A above, each application shall be accompanied with payment of a fee to the Borough of $25. The fee in question will cover the administrative costs of the Borough, as well as oversight to make certain that the applicant performs in accordance with its application, including but not limited to the removal of the dumpster at the expiration of the permit, unless the dumpster is placed in accordance with § 160-5C.
A.
In the event of any violation of any provision of
this chapter, penalties shall be assessed as follows:
(2)
The second offense in the same calendar year shall
not exceed $100 per offense.
(3)
The third offense in the same calendar year shall
not exceed $250 per offense.
(4)
The fourth offense in the same calendar year shall
not exceed $500 per offense.
(5)
The fifth or more offenses in the same calendar year
shall not exceed $1,000 per offense.
B.
Each day that a violation continues shall constitute
a separate and distinct offense.
C.
Notwithstanding anything contained in § 160-17A to the contrary, in the case of any person, firm or corporation that violates or neglects to comply with any provision of §§ 160-6 through 160-14, or any regulation promulgated pursuant thereto, such person, firm or corporation shall, upon conviction for such violation, shall be punished by a fine of $100 for the first offense, plus the actual cost of the permit of that year if not already paid, and for any such subsequent offense within the same twenty-four-month period, a fine of not less than $200 nor more than $1,000, plus the actual cost of the permit for that year if not already paid, and the Court may, in its discretion, sentence any subsequent offender up to five days of community service.
[Added 8-12-2008 by Ord. No. 08-13R]
