The Township of Mansfield finds that reducing the amount of
solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of the
SWMA and the County Plan. Areas for the collection of recyclables
on residential properties should be designed to effectuate collection
of material in a safe and sanitary manner and should be sized to meet
current industry standards for volumes and containers.
This article is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1,
and any amendments adopted thereto.
As used in this article, the following definitions shall apply:
ACT OR SWMA
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
BURLINGTON COUNTY REGIONAL PROGRAM
The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.
CLASS A RECYCLABLE MATERIAL
Source-separated, nonputrescible, metal, glass, paper and
plastic containers, and corrugated and other cardboard.
COMMINGLED
A combining of source-separated recyclable materials for
the purpose of recycling.
COMMON AREA RECYCLING STORAGE LOCATION
A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.
CONDOMINIUM COMPLEX
A group of units, arranged horizontally or vertically, where
the form of ownership of real property is under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
CORRUGATED AND OTHER CARDBOARD
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
COUNTY
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Department
of Solid Waste.
CURBSIDE-DESIGNATED RECYCLABLES
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
CURBSIDE RECYCLING CONTAINER
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials to be source-separated in this
municipality including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead acid batteries, leaves, metal appliances, paper,
plastic bottles (coded Nos. 1 and 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
DSW
The Burlington County Department of Solid Waste, its successors
and assigns.
FIBER
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material whether shredded or whole, but excluding
wax paper, plastic or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
MOBILE HOME PARK
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:
18-61.7 et seq.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of Section 3 of the "Hotel and Multiple Dwelling Law," P.L.1967,
c. 76 (N.J.S.A. 55: 13A-1 et seq.) and N.J.S.A 40:66-1.2 et seq.
MUNICIPALITY
The Township of Mansfield located within the County of Burlington,
State of New Jersey.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated
within a community.
PAPER
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic-
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food-contaminated or soiled paper.
PERSON
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in Section 1 of P.L.1993, c.258 (N.J.S.A. 45:22A-49), shall
be considered to be a qualified private community.
RECYCLABLE MATERIALS
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
RECYCLING
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
RESIDENT
Any person residing within the Municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
SOLID WASTE
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.
SWMA
The New Jersey Solid Waste Management Act, as amended.
SOURCE-SEPARATED
Recyclable materials separated from the solid waste stream
at the point of generation.
[Amended 11-23-2021 by Ord. No. 2021-31]
In order to facilitate recycling in all new construction, and
to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.
A. Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
B. Single-family and two-family dwellings. Each residential dwelling
unit shall be designed to provide a curbside recycling storage container
storage location containing at a minimum, dimensions (length by width
by height) of no less than 36 inches by 32 inches by 84 inches per
unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the property survey. This shall
be done at the time of subdivision approval, if applicable, or at
the time of zoning or building permit application.
C. Multifamily and condominium complex dwellings. Curbside recycling
container storage locations shall be provided for each multifamily
and condominium complex dwelling where common area recycling storage
locations are not otherwise provided. Each multifamily and condominium
complex dwelling unit shall be designed to provide a curbside recycling
container storage location containing at a minimum, dimensions (length
by width by height) of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the site plans or subdivision
plans.
D. Resales.
All recycling containers remain the property of the Township, and
in the event of the sale or other conveyance of any residential property,
the recycling container shall remain with the residence.
E. New construction.
As a condition of site plan/subdivision approval of any residential
development, prior to the issuance of the first certificate of occupancy,
the developer shall pay escrow funds in the amount of $75 per residential
unit for recycling containers.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materi with the SWMA
and the County Plan.