[1975 Code § 68-1; Ord. No. 91-09 § 1]
The following regulations shall control the preparation of refuse,
trash and garbage to be collected by employees of this Borough.
a.
Tree trimmings, logs, hedge clippings and similar materials shall
be cut to a length not to exceed four (4') feet and shall be
securely tied in bundles not more than two (2') feet thick and
weighing not more than fifty (50) pounds each before being deposited
just inside the curbline for collection.
b.
Garbage shall be placed in a watertight metal or plastic container
with a tight lid. The container shall be limited in size to a capacity
of not more than fifty (50) pounds of contents. The container shall
be kept in a serviceable condition at all times. Each container shall
be placed for collection just inside the curbline.
c.
Old lumber, shingles, wallboard or other old building material or
debris shall be stacked and securely tied in bundles of not more than
four (4') feet in length and weighing not more than fifty (50)
pounds each. Such bundles shall be placed just inside the curbline
for municipal collection.
d.
Each box, carton or other container must be flattened out and disassembled
so as to be readily and easily handled. No part of any such article
shall exceed four (4') feet in length or weigh more than fifty
(50) pounds when deposited for municipal collection.
e.
All grass,
weeds and similar growths shall be placed in a container so they may
be readily emptied into the municipal collection vehicle.
f.
All broken glass or any other dangerous material shall be placed
in a secure container to facilitate safe loading of broken glass or
other dangerous material.
g.
Garbage shall not be mixed with or placed in the same container with
any other refuse referred to in this section.
h.
Each container of garbage or trash shall be so staked or otherwise
stabilized by the property owner, tenant or other person placing garbage
or refuse for collection or from whose property such garbage or trash
is proposed to be collected, that it does not upset or cannot be readily
overturned, as by a dog or child.
i.
If any container or garbage or refuse is upset or overturned, the
property owner, tenant or other person placing garbage for municipal
collection, shall promptly clean up spilled garbage or refuse and
restore it to a watertight container with a tight lid.
j.
No person shall place any of the items referred to in this subsection
in any street or highway, or block the sidewalk/walkway, either for
municipal collection or other disposal.
k.
All garbage shall be placed at the curbline not earlier than 4:00
p.m. on the day preceding collection, and the cans removed not later
than 9:00 p.m. of the day of collection.
[1975 Code § 68-2]
If any one (1) or more of the above regulations are not followed by the property owner, tenant or other person desiring municipal collection, the municipality or its employees shall not be obliged to make collection of the items concerning which any one (1) or more of the above regulations have not been followed. When any of the items named in or referred to in subsection 17-1.1 hereof are placed at or just inside the curbline it shall be assumed the same are so placed for municipal garbage and refuse collection and disposal.
[1975 Code § 68-3; New]
[1975 Code § 68-4; New]
If any Borough employee observes a noncompliance with any of the regulations in subsection 17-1.1, he shall immediately notify the Police Department, who shall notify the adjacent tenant or landowner of the noncompliance and the reason for not making the collection. Such notice may be given personally or a written statement thereof shall be left on the premises.
[1975 Code § 68-5]
The adoption of this section shall not be construed as limiting
the Borough from further regulating the pickup days of trash and garbage
and the removal of heavy and/or cumbersome trash items.
[1975 Code § 68-6]
Any person convicted of any of the provisions of this section shall be liable to the penalty stated in Chapter I, Section 1-5.
[Added 6-13-2017 by Ord. No. 2017-1]
Residences and institutional establishments, as defined in Borough Code § 17-2.3, Definitions, shall be eligible for the collection of garbage and refuse.
[Ord. No. 88-04 § 1]
This section shall be known and may be cited as the Recycling
Regulations of the Borough of Island Heights.
[Ord. No. 88-04 § 2]
This section is adopted pursuant to the New Jersey Statewide
Mandatory Source Separation Recycling Act, P.L. 1987, c. 102, which
requires that each municipality in the State adopt an ordinance providing
for the separation from the municipal solid waste stream of specified
recyclable materials and establishing a collection system for the
same.
[Ord. No. 88-04 § 3; Ord. No. 2009-07 § 2]
As used in this section:
All empty aluminum beverage and food containers.
Those properties used primarily for commercial purposes,
including, but not limited to, boat clubs, houses of worship, marinas,
professional offices, repair shops, restaurants, and retail stores;
and those multiple dwelling residential buildings containing more
than four dwelling units.
[Amended 6-13-2017 by Ord. No. 2017-1]
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of solid waste materials placement.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source separated for the purpose
of recycling.
Shall mean:
COMMINGLEDAll plastic bottles; aluminum and steel cans.
PAPERMagazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
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 (4") inches measured diagonally and that contains one or more
circuit boards, including a television, and cell phones.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are non-container glass, plate glass, blue glass and porcelain
and ceramic products.
Those facilities that house or serve groups of people, including
but not limited to, hospitals, schools, nursing homes, libraries and
governmental offices.
Any building or structure, or complex of buildings in which
three (3) 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-99.13a) 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 (C. 55:13-A-1 et seq.).
The person or persons appointed by the municipal Governing
Body and who shall be authorized to, among other things, enforce the
provisions of this section, and any rules and regulations which may
be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Borough of Island Heights.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions 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.
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.
Any occupied single or multi-family dwelling having up to
four (4) dwelling units per structure from which a municipal or private
hauler collects solid waste.
The combination of commingled and paper listed 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.
Garbage, refuse, and other discarded solid materials normally
collected by a municipal or private hauler.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
Appliances, air conditioners, refrigerators, stoves, hot
water heaters, ice makers, and freezers.
[Ord. No. 88-04 § 4]
There is hereby established a program for the mandatory separation
of the following recyclable materials from the municipal solid waste
stream by all persons within the Borough, hereinafter referred to
as the "municipality":
[Ord. No. 88-04 § 5;
New; Ord. No. 2009-07 § 3]
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 municipality of the Borough of Island Heights,
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 Borough of Island Heights.
b.
Newspapers shall be bundled and tied with twine and placed at the
curb or other designated area for collection at such times and dates
as are established in the municipality's recycling regulations.
The maximum weight of each bundle of newspaper shall not exceed thirty
(30) pounds (approximately twelve (12") inches high).
c.
Every commercial establishment and multifamily dwelling consisting
of five or more dwelling units shall submit annually to the Municipal
Recycling Coordinator proof of removal of designated recyclable materials
from their premises, including the total weight and type of recycling
material collected and recycled, and the vendor(s) providing said
service.
[Amended 6-13-2017 by Ord. No. 2017-1]
d.
All containers containing recyclable materials shall be placed, prior
to collection between the curb and the sidewalk, or in the absence
of the 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 anytime after 4:00 p.m. of the day
immediately preceding the day of collection, but no later than 6:00
a.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 7:00 p.m. of the day
of collection.
e.
All receptacles or dumpsters shall be kept clean and in a safe manner.
[Ord. No. 88-04 § 6]
All persons within the municipality shall 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 municipality's
recycling regulations.
[Ord. No. 88-04 § 7]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the municipality 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 the individual or organization on days not designated as recyclable
material collection days in the municipality's recycling regulations.
The individuals or organizations may not collect recyclable materials
on or within the twenty-four (24) hours immediately preceding a regularly
scheduled curbside collection day and shall, prior to June 1 of each
year, provide written documentation to the municipality of the total
amount of material recycled during the preceding calendar year.
[Ord. No. 88-04 § 8]
It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in subsection 17-2.4 of this section. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 88-04 § 9; Ord. No. 2009-07 § 4]
The municipality, Recycling Coordinator and/or Superintendent of Public Works is 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 subsection 17-2.4 of this section and such other matters as are required to implement this section. Such regulations shall take effect only upon the approval of the Mayor and Council by adoption of a resolution implementing the same. The municipality, Recycling Coordinator and/or Superintendent of Public Works is hereby authorized and directed to enforce the provisions of this section and any implementing regulations adopted hereunder.
The Code Enforcement Official, the Department of Health, the
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 section.
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.
[Ord. No. 88-04 § 11; Ord. No. 2009-07 § 5]
Pursuant to N.J.S.A. 13:1E-99.16(d), the Governing Body of a
municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires 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 chapter, 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. 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 telephone 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.
[Ord. No. 2009-07 § 6]
The owner of any property shall be responsible for compliance
with this section. For multi-family units, the management or owner
is responsible for establishing 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 the new
tenants when they arrive and every six (6) months during their occupancy.
[Ord. No. 2009-07 § 7;
amended 6-13-2017 by Ord. No. 2017-1]
a.
All commercial establishment generators of solid waste shall be required
to comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial establishment property
owner or their designee, unless the municipality provides for the
collection of designated recyclable materials. All commercial establishments
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 commercial establishment shall report on an annual basis to
the 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.
[Ord. No. 2009-07 § 8]
a.
Any application to the Planning Board of the municipality of the
Borough of Island Heights, for subdivision or site plan approval for
the construction of multi-family dwellings of three (3) or more units,
single-family developments of fifty (50) or more units or any commercial,
institutional, or industrial development for the utilization of one
thousand (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 municipality
of the Borough of Island Heights, the owner of any new multi-family
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.
[Ord. No. 2009-07 § 9]
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 section and the local sanitary
code.
c.
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Ord. No. 2009-07 § 10]
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator prior to the commencement of any activity for which municipal
approval as further identified above. The debris recovery plan shall
identify the types and estimated quantities of construction and demolition
debris to be generated from the project, how each material will be
managed, and the name of each facility or service provider that the
entity will use to manage each material. The plan shall further detail
how the applicant shall ensure that a minimum of fifty (50%) percent
of the materials to be generated will be separated and recycled.
[Ord. No. 2009-07 § 11]
a.
Approval. A debris recovery plan shall be reviewed by the Municipal
Recycling Coordinator, and approved if it provides for all the information
required by this section. An approved debris recovery plan shall be
marked "Approved" and returned to the owner of the entity which submitted
the plan.
b.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this section. If a debris
recovery plan is not approved, the owner of the entity, which submitted
the plan, shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity, which will carry
out the construction, renovation, or demolition project, shall make
the required changes and resubmit the debris recovery plan to the
Municipal Recycling Coordinator.
[Ord. No. 2009-07 § 12]
a.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that make it infeasible to comply with the
diversion requirement cited in this section, the owner of the entity
may apply for an adjustment. The owner shall indicate in writing why
it is infeasible to divert fifty (50%) percent of the materials being
generated from the covered project and specify what percentage of
diversion could be achieved. Increased costs to the owner of the entity
carrying out the covered project will not be an acceptable justification
for an adjustment.
b.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
c.
Granting of an Adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the entity carrying out a covered
project to divert fifty (50%) percent of the generated construction
and demolition (C&D) debris from the covered project, the percent
of diversion required shall be adjusted. The owner shall be notified
in writing of the adjusted diversion requirement. The owner of the
entity carrying out the covered project shall be required to divert
the percent of C&D debris by the adjustment.
d.
Denial of Adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this section, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
[Ord. No. 2009-07 § 13]
a.
Documentation. Upon completion of the covered project, but before
the final inspection the owner of the entity carrying out a covered
project shall submit in person or by certified mail to the Municipal
Recycling Coordinator, the documentation required to demonstrate that
the applicant has met the diversion requirement. The required documentation
shall include the following:
1.
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed,
2.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project, and
3.
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
[Ord. No. 2009-07 § 14]
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this section to
the municipality within thirty (30) days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the (department where appeal is to be
filed) shall be final.
[Ord. No. 2009-07 § 15]
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this section. The respective enforcing
official may, in his or her discretion, post warning stickers for
a first offense. An inspection may consist of dumping and opening
of solid waste bags or containers to detect, by sound or sight, the
presence of any recyclable material.
[Ord. No. 88-04 § 10; Ord. No. 2009-07 § 16]
a.
Any person who violates any one (1) or more subsections of this section
shall be subject to a fine of not less than two thousand five hundred
($2,500.00) dollars and not more than ten thousand ($10,000.00) dollars
for each separate offense and/or confinement in the Ocean County Jail
for a period of not more than ninety (90) days. The Municipal Court
shall have the option of imposing community service for a violation
of any offense under this section.
b.
Each and every day in which a violation of any of the provisions
of this section exists shall constitute a separate offense.
c.
Fines levied and collected pursuant to the provisions of this section
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies into the MRTF (or equivalent) shall be
used for the expenses of the municipal recycling program.
[Ord. No. 2005-18 § I]
The purpose of this Code section is to establish a yard waste
collection and disposal program with the Borough of Island Heights,
so as to protect the public health, safety, and welfare, and to proscribe
penalties for failure to comply.
[Ord. No. 2005-18 § I; Ord. No. 2007-18 § I]
For the purposes of this section, the following terms, phrase,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely discretionary.
The placement of yard waste in a trash can, bucket, bag,
or other vessel, such as to prevent the yard waste from spilling or
blowing out onto the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivisions of this State subject to municipal
jurisdiction.
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,
sidewalk, parking areas, and other areas within the street lines.
Leaves, shrubs, branches and grass clippings.
[Ord. No. 2005-18 § I; Ord. No. 2007-18 § I]
It shall be a violation of this Code section for any person
or property owner to allow, permit or perform any of the following:
a.
Sweeping, raking, blowing, or otherwise placing yard waste that is
not containerized at the curb or along the street is prohibited except
unless said yard waste is immediately pricked up or removed by the
property owner and/or person responsible for such placement. Placement
of yard waste within ten (10) feet from any storm drain inlet is prohibited.
b.
Placement of containerized yard waste at the curb or along the street
sooner then seven (7) days before the scheduled pickup is prohibited.
c.
Placement of yard waste at the curb or along the street at any time
or in any other manner than which is permitted by the Borough Code
is a violation of this Code section.
d.
If yard waste placement is made or occurs and such yard waste placement
is in violation of this Code section, the party responsible for placement
of the yard waste and the owner of the property from which the yard
waste came shall be deemed in violation of this Code section.
e.
Each day following the issuance of any summons or citation for a
violation of this section shall constitutes a continuing violation,
regardless of whether a new summons or citation has been issued.
[Ord. No. 2005-18 § I]
This Code section shall be enforced by the Police Department
of the Borough of Island Heights, as well as the Code Official of
the Borough of Island Heights, and/or his designee, and the Zoning
Official of the Borough of Island Heights, and/or his official designee.
[Ord. No. 2005-18 § I]
a.
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable for the penalty stated in Chapter I, Section 1-5 of this Code.
b.
Each day following the issuance of any summons or citation for a
violation of this section shall constitute a continuing violation,
regardless of whether a new summons or citation has been issued, and
any person who has violated this section of the Code may be subject
to imposition of a penalty under paragraph a of this subsection for
each additional day in violation.
[Added 6-13-2017 by Ord. No. 2017-1]
Residences and Institutional establishments, as defined in Borough Code § 17-2.3, Definitions, shall be eligible for collection by a Yard Waste Collection Program.
