As used in this article, the following terms shall have the
meanings indicated:
APARTMENT COMPLEX
Five apartments or more located on a single property or contiguous
properties under common ownership or management. An apartment building
or garden apartment complex is owned by a person that receives monthly
rental payments from tenants who occupy the premises for living quarters.
COMMINGLE
To combine or consolidate different types of solid waste
at the point of generation or origin.
CONDOMINIUM COMPLEX
Five condominium units or more located on a single property
or contiguous properties under common ownership or management. For
this purpose, "condominium" shall mean the form of ownership of real
property 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 unit.
COOPERATIVE
A housing corporation or association wherein the holder of
a share or membership interest in the corporation or association is
entitled to possess and occupy, for dwelling purposes, an apartment,
house, or other unit of housing owned by the corporation or association,
or to purchase a unit of housing constructed or erected by the corporation
or association.
CURB
The area closest to the shoulder of the alley, highway, road
or street. In the absence of a shoulder, it means the area closest
to the traveled portion of the alley, highway, road or street.
CURBSIDE
The area between the curb and the sidewalk. In the absence
of a curb or sidewalk, it means the area closest to the curb as defined
herein without endangering traffic safety or obstructing pedestrian
travel.
FEE SIMPLE COMMUNITY
A private community which consists of individually owned
lots or units and provides for common or shared elements or interest
in real property.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures
in which five or more dwelling units are rented or leased or offered
for rental or lease for residential purposes except hotels, motels
or other guesthouses serving transient or seasonal guests as those
terms are defined under the Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.)
PERSON
Any individual, firm, partnership, corporation, association,
cooperative, enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, or imprisonment, the term "person"
shall include the officers and directors of a corporation or other
legal entity having officers or directors.
QUALIFIED PRIVATE COMMUNITY
A residential condominium, cooperative, fee simple community
or horizontal property regime 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.
SOURCE SEPARATION
To separate different types of solid waste at the point of
generation or origin.
TOTAL COST OF SERVICES
The cost that would be incurred by a municipality in providing
solid waste collection services to a multifamily dwelling in the same
manner as the municipality provides those services curbside to other
residents of the municipality.
An agreement entered into pursuant to this section shall provide
for an accounting by the residential complex of the use of the moneys
paid over to it by the municipality. The municipality shall be entitled
to a refund of any payments in excess of the amounts actually expended
or contractually committed by the residential complex during the accounting
period in order to provide for the solid waste collection services
covered by the agreement.