Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Eagleswood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 89.
Construction debris recovery — See Ch. 115.
Littering — See Ch. 170.
Property maintenance — See Ch. 198.
[Adopted 2-15-1996 by Ord. No. 4-96 (Ch. 44, Art. III, of the 1977 Township Code)]

§ 231-1 Responsibilities of builders.

All builders, contractors, commercial property owners and/or private property owners shall file a debris form at the time of application for a building permit. All builders undertaking construction projects in the Township of Eagleswood shall, as a prerequisite of the Building Official's final inspection of the building in question, supply to the Township Building Official and/or Construction Official verified written documentation that all debris resulting from said construction has been properly disposed of, with the location and method of said disposal being made known therein.

§ 231-2 Collection.

[Added 1-25-2010 by Ord. No. 2010-01]
The Township shall not collect any construction debris generated by builders or private contractors regardless of whether they or a homeowner file the application for a building permit. The Township shall continue to collect certain construction debris only from residents who undertake minor home improvement projects, such as the replacement of doors and windows, or other similar projects. The Township shall not collect construction debris from large home improvement projects such as roof replacements, home additions, the demolition of a structure, or replacement of carpeting or cabinets; nor shall the Township collect drywall or gypsum wallboard that has not been placed in a thirty-gallon container that weighs less than 40 pounds. Final discretion on whether the Township shall collect certain construction debris rests with the Superintendent of Public Works. It is the responsibility of the builder, private contractor or resident, if appropriate, to dispose of the nonrecyclable construction debris properly and provide proof of such disposal in accordance with § 231-1.

§ 231-3 Rules and regulations.

[Added 1-25-2010 by Ord. No. 2010-01]
Construction debris generated by projects undertaken by a resident and eligible for Township collection shall be:
A. 
Limited to doors, windows, sheets of plywood and all other construction debris, except asbestos products and other hazardous materials, that is placed in a thirty-gallon container that weighs less than 40 pounds. If said construction debris is not placed within such a container, it must be placed at curbside in a manner so as not to impede collection. In no event shall the Township collect drywall or gypsum wallboard that is not placed in a thirty-gallon container that weighs less than 40 pounds; and
B. 
Source-separated for collection.

§ 231-4 Enforcement.

[Added 1-25-2010 by Ord. No. 2010-01]
The Superintendent of Public Works, as well as the Code Enforcement Officer, is hereby authorized and directed to enforce the provisions of this article.

§ 231-5 Violations and penalties.

[Amended 1-25-2010 by Ord. No. 2010-01]
A. 
Any person who shall violate any of the terms or provisions of this article shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Township of Eagleswood.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction by a court of competent jurisdiction.
C. 
Notwithstanding the aforesaid provisions, the Township of Eagleswood may authorize all necessary legal action, including the filing of a lawsuit against any person convicted of violations of any provision of this article to recoup any costs incurred by the Township of Eagleswood as a result of said violation.[2]
[2]
Editor's Note: Former Subsection D, pertaining to enforcement by the Code Enforcement Officer, which immediately followed this subsection was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 9-30-2009 by Ord. No. 2009-10]

§ 231-6 Short title.

This article shall be known and may be cited as "the Recycling Ordinance of the Township of Eagleswood."

§ 231-7 Definitions.

The words, terms and phrases used in this article shall have the following meanings:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
CONTAINERIZED
The placement of leaves in a trash can, bucket, bag or other vessel such as to prevent the leaves from spilling or blowing out into the street and coming into contact with stormwater.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Ocean County District Solid Waste Management Plan to be source-separated for the purpose of recycling. These materials include:
A. 
Residential areas.
(1) 
Commingled bottles and cans.
(2) 
Newspaper.
(3) 
Mixed paper (magazines, catalogues, junk mail, used writing paper).
(4) 
Leaves.
(5) 
White goods.
(6) 
Tires.
(7) 
Motor oil, automobile batteries.
B. 
Commercial, industrial and institutional sectors.
(1) 
Commingled bottles and cans.
(2) 
Newspaper.
(3) 
Cardboard, high-grade office paper.
(4) 
Concrete, asphalt, brick, block.
(5) 
Stumps, tree parts, leaves.
(6) 
Automobile batteries.
(7) 
Motor oil, white goods.
(8) 
Tires.
(9) 
Ferrous and nonferrous scrap metal.
A. 
Commingled: all plastic bottles; aluminum and steel cans.
B. 
Paper: magazines, catalogues, junk mail, used writing paper, newspapers, cardboard, office and school paper. No chipboard or pizza boxes.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally, and that contains one or more circuit boards, including a television; and cell phones.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
LEAVES
No grass clippings or vegetative materials shall be mixed in with the leaves.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes [see N.J.S.A. 13:1E-99.13(a)], and shall include hotels, motels or other guesthouses 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-3(j)].
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the Township Committee and who shall be authorized to, among other things, enforce the provisions of this article and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial and institutional establishments within the boundaries of the Township of Eagleswood.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinion and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
OIL
Oil and liquid petroleum products.
PERSON
Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Township of Eagleswood.
RECYCLABLE MATERIALS
Those materials which would otherwise become municipal solid waste, and which may be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.
RESIDENCE
Any occupied single-family or multifamily dwelling having up to four dwelling units per structure, from which a municipal or private hauler collects solid waste.
SINGLE STREAM
The combination of commingled and paper listed in "dual stream" above, in one container. Do not include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags. No garbage.
SOLID WASTE
Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

§ 231-8 Source separation; exemption from source-separation requirements.

A. 
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Eagleswood, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Eagleswood.
B. 
Exemptions.
(1) 
Pursuant to N.J.S.A. 13:1E-99.16(d), the Township of Eagleswood may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source-separation requirements of this article which require persons generating municipal solid waste within its municipal boundaries to source-separate from the municipal solid waste stream the specified recyclable materials, if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose.
(2) 
The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address, location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.

§ 231-9 Collection of recyclable materials.

The collection of recyclable material shall be in the manner as prescribed as follows:
A. 
All containers containing recyclable materials 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. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above at such times and dates as may be established in the Township's recycling regulations.
B. 
Newspapers, multi-paper, school and office papers, junk mail, catalogues, books with covers removed, and cardboard should be placed in a separate container with a lid and placed curbside the evening prior to collection.
C. 
Separation of leaves and place for disposal.
(1) 
All persons within the Township shall, for the periods from March 1 to June 30, and from September 1 to December 31 of each year, separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the Township's recycling regulations. Do not mix leaves with grass or vegetative clippings.
(2) 
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place leaves, unless the leaves are containerized, in the street. If leaves that are not containerized are placed in the street, the party responsible for placement of the leaves must remove the leaves from the street, or said party shall be deemed in violation of this article.
D. 
Alternative collection of recyclable materials. Any person may donate or sell recyclable materials to individuals or organizations authorized by the Township in its recycling regulations. These materials may either be delivered to the individual's or organization's site, or they may be placed at the curb for collection by said individual or organization on days not designated as recyclable material collection days in the Township's recycling regulations. Said individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1 of each year, provide written documentation to the Township of the total amount of material recycled during the preceding calendar year.
E. 
It shall be a violation of this article to dispose of electronic waste either through recycling or solid waste collection. Electronic waste may be brought directly to the Ocean County Department of Solid Waste.
[Added 3-27-2017 by Ord. No. 2017-1]

§ 231-10 Residential dwelling compliance requirements.

The owner of any property shall be responsible for compliance with this article. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Township. Violation and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.

§ 231-11 Nonresidential establishment compliance requirements.

A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this article.
B. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or its designee, unless the Township provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle and shall provide for separate recycling service for their contents.
C. 
Every business, institution or industrial facility shall report on an annual basis to the Municipal Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
D. 
All food service establishments shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products and maintain such records as may be prescribed for inspection by any Code Enforcement Officer.

§ 231-12 New developments of multifamily residential units or commercial, institutional or industrial properties.

A. 
Any application to the Land Use Board of the Township of Eagleswood 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. [See N.J.S.A. 13:1E-99.13a and 13:1E-99.16(c).] This plan must contain, at a minimum, the following:
(1) 
A detailed analysis of the expected composition and amount of solid waste and recyclables generated at the proposed development; 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 Township of Eagleswood, 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 Township 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 Township Engineer.

§ 231-13 Prohibition of collection of solid waste mixed with recyclable materials; unauthorized collection.

A. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
C. 
Once placed in the location identified by this article or any rules or regulations promulgated pursuant to this article, no person, other than those authorized by the Township of Eagleswood, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
D. 
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the Township any of the recyclable materials designated in § 231-9 of this article.

§ 231-14 Administration and enforcement.

A. 
The Municipal Recycling Coordinator, Superintendent of Public Works and Code Enforcement Official are hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 231-9 of this article, and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Committee by adoption of a resolution implementing the same.
B. 
The Code Enforcement Official, the Department of Health, the Municipal Recycling Coordinator, the Property Maintenance Official, the Housing Officer and the Ocean County Department of Health are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

§ 231-15 Violations and penalties.

A. 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this article or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $250, nor more than $1,000.
B. 
Each day for which a violation of this article occurs shall be considered a separate offense.