[Amended 4-26-2018 by Ord. No. 2018-03]
It shall be unlawful for the occupant of any dwelling house, store or other building to place or cause or suffer to be placed upon any street, sidewalk, gutter, areaway or public place any garbage, rubbish, ash and recyclable materials except in compliance with the provisions of this article and Article
II, Recycling, of this chapter, as applicable.
As used in this article, the following terms shall have the
meanings indicated:
ASH
The residue from the burning of coal or other fuel and shall
include accumulations of dirt or floor sweepings made up mostly of
noncombustible materials.
BUILDING MATERIALS
Those materials resulting from the alteration, construction,
destruction, rehabilitation, or repair of any man-made physical structure
including houses, buildings, industrial or commercial facilities,
and roadways by a developer or contractor. Does not include amounts
of such debris which are created by minor projects undertaken by a
homeowner or residential tenant when the amount of debris fits within
the Township-provided automated trash and recycling containers.
BULK ITEMS
Any large items that are not easily combustible or disposable
such as refrigerators, car parts, boat motors, water heaters, metal
cabinets, and other similar items.
GARBAGE
The refuse of animal or vegetative matter; noncombustible
debris composed of natural or man-made materials; unwanted trash.
RECYCLABLE MATERIAL(S)
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. This term is intended to have the same meaning as utilized within Article
II, Recycling, of this Chapter
293 of the Township Code.
RUBBISH
Combustible debris, such as rags, mattresses, discarded wearing
apparel, furniture, carpets, rubber and refuse.
The following regulations shall govern the collection and removal
of garbage, rubbish, ash and recyclable materials:
A. Occupants of any dwelling, house, or other residential building shall
place the materials described in this article for collection in an
appropriate place on the curb in front of such dwelling house, store
or other building, after separation in appropriate separate containers.
The owner of the said dwelling house or other residential building
shall be jointly and concurrently responsible for the compliance with
the terms of this article by all occupants of the same.
B. All garbage and rubbish containing food waste shall be kept in containers or bags which do not leak and do not absorb liquids. If bags are utilized, they must be enclosed within the Township-provided automated trash containers, the fees for which are established by §
293-7.
C. Each container shall be placed for collection at the curbline in
a place which is easily accessible and at least three feet from any
obstacle adjacent to the road if no curb exists.
D. Additional solid waste containers procured by the property owner
for curbside pick-up must be compatible with the Township's automated
trash collection system.
E. There shall be a sufficient number of containers to hold all of the
garbage and rubbish containing food waste which accumulates between
periods of removal from the premises. Residents are permitted to purchase
additional containers if necessary.
F. Tree trimmings, hedge clippings and similar materials shall be cut
to a length not to exceed four feet and not wider than four inches
in circumference before being deposited just inside the curbline for
collection.
G. Leaves shall be loosely piled on the curbside for collection. No
bags or bundling of leaves is permitted. No leaves may be burned in
any street or highway. Leaves may also be brought to the Township
Department of Public Works for disposal.
H. All grass, weeds and similar growths shall be placed in a Township-provided
automated trash container for nonrecyclable items so they may be readily
emptied into the municipal collection vehicle. No bag shall be utilized
for the disposal of grass, weeds and similar growths.
I. If any container of garbage or refuse is upset or overturned, other
than by Township employees engaged in garbage and refuse collection,
the property owner, tenant or other person placing garbage for municipal
collection shall promptly clean up such spilled garbage and restore
it to the garbage can.
J. If any container of garbage or refuse is upset or overturned by a
Township employee, they shall immediately collect such garbage and
dispose of same in the municipal garbage truck.
K. No person shall place any of the items referred to in this section
in any street or highway, either for municipal collection or other
disposal.
L. The use of fifty-five-gallon drums or drums of greater size as containers
is strictly prohibited.
M. Any containers deemed unacceptable due to the contents thereof shall
be affixed with a red tag. In the event that a container is affixed
with a red tag, it shall be a violation of this chapter to attempt
to dispose of the contents through the Township's solid waste collection
program.
N. Garbage or other refuse shall be placed for municipal collection
at the curb or street line no sooner than 6:00 p.m. of the day prior
to the designated day for collection and no later than 6:00 a.m. on
the designated day for collection. Township employees will not be
responsible for picking up any garbage or refuse which is placed for
municipal collection in violation of these time restrictions. All
garbage containers must be removed from the curb by the property owner,
tenant, or other person placing garbage for municipal collection,
the same day that garbage or other refuse is collected, unless suitable
rack is provided for receptacle storage.
O. Collection of bulk items shall only occur on days designated by the
Township.
[Amended 12-9-2021 by Ord. No. 2021-22]
(1) Up
to five bulk items may be placed for collection per residential property
for the particular zone bulk pickup each month.
(2) No
person shall place for collection multiple bulk items (six or more)
and/or the contents of a residential dwelling subsequent to an entire
clean out of a residential dwelling at the curb, right-of-way or any
other place at a residential property unless the Department of Public
Works has been notified, arrangements made for such collection and
a payment of a $250 fee is made to the Township prior to the date
arranged for such collection.
P. Township employees shall not be responsible for discarding building
materials and debris from any site within the Township. This is the
responsibility of the owner and/or builder, and no such discarded
building materials or debris shall be placed for municipal collection.
Building materials and debris must be brought to a County landfill
or other suitable disposal site. Building materials may not be brought
to the Township Department of Public Works.
Q. It shall be unlawful for any person to dump garbage, rubbish, ash
or recyclable materials upon any public property of the Township or
to trespass upon the property of another and deposit said materials
thereon.
R. No person shall break into any container of garbage, rubbish, ash
or recyclable materials that may be found upon the streets or sidewalks
of the Township, nor shall any owner or occupant permit the same to
occur with regard to such garbage, rubbish, ash or recyclable materials
placed at or near the curb for collection.
S. No garbage, rubbish, ash or recyclable materials shall be collected
by the Township from any manufacturing, commercial office or other
business establishment. Any manufacturing, commercial or other business
establishment, including nonprofit organizations, that receives Township
solid waste collection services (for either Township-provided automated
trash containers or commercial dumpsters) as of April 1, 2018 shall,
either pursuant to past practice or to a resolution of the Planning
Board or Board of Adjustment, be entitled to continuation of such
service at no greater than the level of service provided as of April
1, 2018, only until such time as a relevant manufacturing, commercial
or other business establishment or nonprofit organization ceases operation
or a relevant manufacturing, commercial or other business establishment
changes ownership. Governmental offices or operations shall receive
Township solid waste services pursuant to past practice as of April
1, 2018, as authorized by a shared service or other appropriate agreement.
When any of the items named in or referred to in this chapter
are placed at or just inside the curbline, it shall be assumed same
are so placed for municipal garbage and refuse collection and disposal.
No municipal employee shall be obligated to collect any garbage
or refuse unless and until said garbage or refuse is prepared for
collection and disposal as referred to and directed in this chapter.
The Code Enforcement Official, the Property Maintenance Official,
or their designees, 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.
The following fees and charges are hereby established for automated
trash containers:
A. Thirty-five-gallon container: $45 each.
B. Sixty-five-gallon container: $50 each.
C. Ninety-five-gallon container: $55 each.
D. Ninety-six gallon container: $55 each.
The Superintendent of Public Works shall determine the days
of the week when collections shall be made, and public notice shall
be given to the Township residents.
Any person, corporation, occupant, or entity who or which 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 not less than $200, nor more than
$2,000, and/or a term of community service of not more than 90 days,
and/or by a term of imprisonment not to exceed 90 days in the Ocean
County Jail or any combination of fine, community service and imprisonment,
as determined in the discretion of the Municipal Court Judge. Each
day for which a violation of this article occurs shall be considered
a separate offense.
As used in this article, the following terms shall have the
meanings indicated:
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling are: commingled (bottles, glass and cans), newspaper,
mixed paper (magazines, catalogues, junk mail, used writing paper),
leaves, white goods, newspaper, cardboard, high-grade office paper,
tree parts, leaves, ferrous and nonferrous scrap metal.
DUAL STREAM
A.
Commingled; all plastic bottles, aluminum and steel cans, glass
bottles and containers.
B.
Paper: magazines, catalogues, junk mail, used writing paper,
newsprint, corrugated 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;
cathode ray tubes, cathode ray tube devices, flat panel displays or
similar video display devices with screens that are greater than four
inches measured diagonally and that contain one or more circuit boards,
including televisions and cell phones.
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 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. 55:13-A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the Township Committee
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 by residential, commercial, and
institutional establishments within the boundaries of the Township
of Little Egg Harbor.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste,
and which may be collected, separated, or processed and returned to
the economic mainstream in the form of raw materials or products.
SINGLE STREAM
The combination of commingled and paper, listed above, in
one container; does 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.
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.
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 or other commercial locations,
as well as government, schools and other institutional locations within
the Township of Little Egg Harbor, 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 clean and safe manner to coincide with
the designated recycling schedule.
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 appropriate municipal office. Violations
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. All
uses, except for single- and two-family dwellings, shall comply with
the requirements of § 15-11.18, Solid waste management.
Pursuant to N.J.S.A. 13:1E-99.13(a) and 13:1E-99.16(c):
A. Any application to the Planning Board of the Township of Little Egg
Harbor 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. 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 Little Egg Harbor, 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 municipality 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 municipal engineer.
D. All uses, except for single- and two-family dwellings, shall comply with the requirements of §
293-14.1, Solid waste management.
[Amended 4-26-2018 by Ord. No. 2018-03]
[Amended 4-26-2018 by Ord. No. 2018-03]
A. Provisions shall be made for the indoor or enclosed storage of garbage
and refuse.
B. Outside garbage, when permitted, shall only be permitted in areas
approved by the municipal agency. Such areas shall, as nearly as may
be practicable, be shielded from public view and protected by adequate
fencing and/or screening.
C. Screening of refuse areas. These areas adjacent to or within the
parking area designated as refuse storage and pickup areas shall be
properly screened to prevent the unsightly display and the scattering
of debris. The following minimum requirements shall apply:
(1)
The area shall be surrounded on all sides by a uniform solid
fence or masonry wall not less than five feet nor more than eight
feet in height. The fence or wall shall be located and be of such
type as to promote safety and ensure against creation of an unsightly
condition. The fence must at all times be maintained so as to be kept
in a sound, upright, fully repaired and painted condition or, if not
painted, shall be made of such material as does not corrode, rust
or change appearance if left unpainted. The opening in the fence or
wall shall be so located as to prevent the visual display of refuse
from any adjacent parking area, building, street or site.
(2)
In addition, the fence or wall shall be of a design which is
consistent with the architectural design of the principle building
on the site or the style of the neighborhood, including gates, which
shall screen from view, entirely, the refuse containers and refuse
storage areas.
(3)
No refuse enclosure or area shall be located in any area considered
to be a front yard or in any area of a site which fronts on any street.
(4)
In addition to the fence or wall, plantings such as dense shrubs
or trees shall be planted around the refuse enclosure to further screen
the enclosure and enhance the enclosure aesthetically.
D. Debris.
(1)
Materials accumulated by clearing, grubbing and excavation,
as above described, shall be disposed of by the developer in a manner
satisfactory to the Engineer, except that materials suitable for embankment
shall be used for that purpose if needed therefore. Burying of the
above materials will not be permitted in any case.
(2)
At the time of the tender of a plan for final approval for subdivision
of real estate in this municipality, an estimate shall be made, for
and on behalf of the municipality, by the Township Engineer as to
the cost of removal of the development debris for the development.
Before final approval of the plan, such estimate furnished by the
Township Engineer shall be included in the guaranty to be furnished
by the developer.
(3)
The Township Code Enforcement Officer shall keep a constant
check on debris from the subdivision of land and construction of buildings
and shall not permit accumulations in any real estate development.
In the event that there is any substantial accumulation of such debris
in any development, the Building Inspector shall forthwith give written
notice to the developer to remove such debris from the real estate
development. In the event that such debris is not promptly removed,
the Building Inspector is hereby authorized and directed to refrain
from giving certificates of occupancy for building permits until the
debris is cleared up and removed.
(4)
Whenever the subgrade is established to be coincident with the
existing ground surface, the vegetation and underlying topsoil of
the existing ground surface within the excavation and embankment areas
shall be stripped off to a depth of not less than four inches and
not more than six inches. Street and roadway excavation shall be carried
out so that the subgrade throughout the work is kept properly drained.
(5)
Excavated materials shall be placed in an embankment when suitable
therefore or shall be used for backfill or other purposes. Material
in excess of that required shall be disposed of by the developer,
contractor or subcontractor.
(6)
Borrow excavation for road construction shall include the furnishing,
transporting, placing and consolidating of materials required for
embankment in excess of that obtained from other excavations and other
incidental work. All borrow excavation shall be suitable for embankment
and approved by the Township Engineer.
E. Storage and waste disposal.
(1)
In all districts permitting such an operation, use or any activity
involving the manufacture, utilization or storage of flammable, combustible
and/or explosive materials, such storage shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of New Jersey or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
(2)
All flammable, explosive and/or combustible material shall be
stored in accordance with the National Fire Protection Association
or the New Jersey Department of Labor and Industry Code, whichever
is more restrictive. All outdoor storage facilities for fuel, raw
materials and products and equipment stored outdoors, wherever permitted,
shall be enclosed by an approved safety fence and visual screen and
shall conform to all yard requirements imposed upon the principal
buildings in the district.
(3)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers that are adequate to eliminate such hazards.
The Code Enforcement Official, the Property Maintenance Official,
or their designees, 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 solid waste bags to detect, by sound or sight, the presence
of any recyclable material.