[Added 9-20-2011 by Ord. No. 15-2011]
A. 
Pursuant to N.J.S.A. 40:66-1, a municipality that establishes a system for the collection and disposal of solid waste may limit service furnished by it to curbside collection along public streets or roads that have been dedicated to and accepted by the municipality. The municipality may also refuse to enter upon private property to remove solid waste from dumpsters or other solid waste containers.
B. 
The municipality may choose to reimburse the owners of residential complexes which do not receive municipal curbside collection of solid waste. Such reimbursement shall not exceed the cost that would be incurred by the municipality in providing the collection and disposal service directly.
C. 
The Condominium Act[1] was enacted in 1969 and thereafter amended on various dates. This Act requires a municipality to provide the same services along the roads and streets of a qualified private community as it provides to other residents along its public roads and streets, or to reimburse the qualified private community for some or all of the municipal services that it does not provide to the residents of a qualified private community.
[1]
Editor's Note: See N.J.S.A. 46:8B-1 et seq.
D. 
The Condominium Act requires that a municipality provides the following essential services:
(1) 
The removal of snow, ice and other obstructions from the roads and streets;
(2) 
The payment for the electricity required for the lighting of roads and streets; and
(3) 
The collection of leaves, recyclable materials and solid waste along roads and streets.
A. 
The governing body of the municipality finds that the orderly collection, disposal and utilization of solid waste is a matter of important public concern to all residents living within the municipality. The efficient collection and disposal of solid waste protects the public health, safety and welfare.
B. 
The terms and provisions of this article are to be liberally interpreted so as best to achieve the purposes set forth herein. This article shall be interpreted in harmony with the Solid Waste Management Act[1] and the current Cumberland County Solid Waste Management Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A. 
The Commissioner in charge of the Streets and Roads Department is hereby authorized to promulgate rules concerning the enforcement of this article, including the collection or disposal of solid waste.
B. 
The Commissioner is authorized to designate the municipal employees responsible for the enforcement of the rules and regulations.
C. 
An inspection may consist of sorting through containers or opening solid waste bags to detect, by sight or sound, any violations of these rules and regulations.
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.
RESIDENTIAL COMPLEX
An apartment complex or a qualified private community.
SOLID WASTE COLLECTION SERVICES
The collection and disposal of solid waste.
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.
A. 
It is the duty of the party who has generated the solid waste to see to it, through proper diligence, that no nuisance arises from the management of it which endangers the public health, safety or welfare.
B. 
A residential complex shall comply with the municipal curbside solid waste collection program if it is practical to do so. Curbside collection service will be deemed impractical if it is inefficient, unhealthy, unsanitary, unsightly and otherwise unreasonable to participate in.
C. 
Where it is impractical to require a residential complex to comply with the municipal curbside solid waste collection program, then the municipality shall either provide the solid waste collection services on site or enter into a written agreement to annually reimburse the residential complex for the total cost of the services.
A. 
In order to be eligible for solid waste collection services or reimbursement for those services, a residential complex shall comply with all recycling requirements generally applicable to other residential properties within the municipality.
B. 
If a certified public works manager employed by the municipality determines that a residential complex is not in compliance with the recycling requirements, then the municipality may terminate solid waste and recyclables collection services to the complex or reduce its reimbursement payments by an amount equal to the landfill or disposal costs that would be saved if the recyclables were separated from the other solid waste.
C. 
No solid waste collection shall be terminated or reimbursement amount shall be reduced pursuant to this subsection unless the management or owner has been sent written notice of noncompliance and been given 30 days' written notice of the proposed reimbursement amount reduction. During those 30 days the management or owner shall have the opportunity to bring the residential complex into compliance with the recycling requirements and have that compliance certified by a certified public works manager employed by the municipality.
A. 
When the municipality determines not to provide solid waste collection services to a residential complex, it shall enter into a written agreement with the management or owner of the residential complex to annually reimburse the complex in an amount not to exceed the cost that would be incurred by the municipality in providing those services.
B. 
The amount to be reimbursed to the residential complex shall be used by the complex to pay for the solid waste collection service that the municipality chooses not to provide.
C. 
The municipality shall reimburse the residential complex for the actual cost of providing that service to the complex, but the reimbursement amount shall not exceed the lower of the following:
(1) 
The actual cost of the solid waste collection services if the municipality provided it directly; or
(2) 
The calculation of providing the solid waste collection services if the dwelling units were located along public roads and streets and the collection service was provided curbside.
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.