[Ord. 3/15/65 Preamble]
a.
To regulate the dumping, accumulation and storing of rubbish, garbage,
ashes, decayed animals, debris, trash, scrap, waste materials and
air pollution, which tends to create nuisances detrimental to the
public health, interest, safety, welfare and property of residents
of the Township.
b.
To protect the residents and property owners within the Township,
and to avoid the pollution of local streams by drainage from unsanitary,
odorous and nauseous dumping places and facilities.
c.
The use and establishment of dumping and garbage facilities tend
to create the hazards of fire and other calamities.
d.
The Township is now served by an incinerator plant for the disposal
of garbage and other materials which have a deleterious effect, in
an area approved by the Township.
e.
The residents of the Township are presently served by two (2) garbage
collectors.
[Ord. 3/15/65 § 1]
It shall be unlawful for any person to establish a commercial
dumping and garbage disposal facility, whether by land fill method,
commercial disposal unit, incinerator method or any other method,
for the dumping, accumulation or disposal of any refuse, garbage,
ashes, debris, trash, scrap, waste material or any other materials
commonly known as garbage, in the Township of Frelinghuysen.
[Ord. 3/15/65 § 2]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 12-88.
[Ord. #2008-12]
Shall mean an activity involving the sale of goods or services
carried out for profit.
Shall mean a combining of non-putrescible source-separated
recyclable materials for the purpose of recycling.
Shall mean those materials designated within the Warren County
District Solid Waste Management Plan to be source separated for the
purpose of recycling. These materials include: (list those designated
recyclable materials from the County recycling plan for the residential,
commercial and institutional sectors).
(To be included in those instances where a recycling program
has been, or will be, established for these materials.) Shall mean
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 (1) or more circuit
boards, including a television, and cell phones.
Shall mean any building, including but not limited to any
related structure, accessory building, and land appurtenant thereto,
and any part thereof, which contains ten (10) or more units of dwelling
space or has sleeping facilities for twenty-five (25) or more persons
and is kept, used, maintained, advertised as, or held out to be, a
place where sleeping or dwelling accommodations are available to transient
or permanent guests.
This definition shall also mean and include any hotel, motor
hotel, motel or established guesthouse, which is commonly regarded
as a hotel, motor hotel, motel, or established guesthouse, as the
case may be, in the community in which it is located; provided, that
this definition shall not be construed to include any building or
structure defined as a multiple dwelling in this act, registered as
a multiple dwelling with the Commissioner of Community Affairs as
hereinafter provided, and occupied or intended to be occupied as such
nor shall this definition be construed to include a rooming house
or a boarding house as defined in the "Rooming and Boarding House
Act of 1979," P.L. 1979, c. 496 (C. 55:13B-1 et al.) or, except as
otherwise set forth in P.L. 1987, c. 270 (C. 55:13A-7.5, 55:13A-7.6,
55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined
in this subsection.
Shall mean any building or structure or complex of buildings
in which three (3) or more dwelling units are rented or leased or
offered for rental or lease for residential purposes (see N.J.S.A.
13:1E-99.13a) except 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: 13A-1 et seq.);
Shall mean the person or persons appointed by the municipal
governing body and who shall be authorized to enforce the provisions
of this section, and any rules and regulations which may be promulgated
hereunder.
Shall mean all solid waste generated at residential, commercial
and institutional establishments within die boundaries of the municipality
of Frelinghuysen.
Shall mean 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.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
Shall mean 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.
[Ord. #2008-12]
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 Frelinghuysen, 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
Municipality.
b.
Exemptions. 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 section, 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 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 shall provide written documentation
to the Municipal Recycling Coordinator of the total number of tons
collected and recycled for each designated material.
[Ord. #2008-12]
The collection of recyclable material shall be in the manner
prescribed as follows:
a.
All containers and brown paper bags 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 anytime after 6:00 p.m. of the day
immediately preceding the day of collection, but no later than 12:00
p.m. of the day of collection. After collection, any containers shall
be removed from the curbside by no later than 6:00 p.m. of the day
of collection.
b.
All receptacles or dumpsters shall be maintained in accordance with
the Health Code of the municipality of Frelinghuysen.
[Ord. #2008-12]
a.
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this section.
b.
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
c.
Violations and penalty notices will be directed to the owner, occupant,
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 (6) months during
their occupancy.
[Ord. #2008-12]
a.
All commercial, business, or industrial facilities 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, institutional or industrial
property owner or their designee, unless the municipality 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.
Annually, every business, institution, or industrial facility shall
report to the Municipal Recycling Coordinator the recycling activities
undertaken at their premises, including the amount of recycled material,
by material type, collected and recycled and the vendor or vendors
providing recycling service. The forms to be used will be provided
by the Municipal Recycling Coordinator.
d.
All food service establishments, as defined in the Health Code, 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.
[Ord. #2008-12]
a.
Any application to the Planning Board of the municipality of Frelinghuysen
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 amounts 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.
3.
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
b.
Prior to the issuance of a certificate of occupancy by the municipality
of Frelinghuysen, 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.
[Ord. #2008-12]
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 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 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. #2008-12]
The Municipal Board of Health, the Recycling Coordinator, the
Zoning Officer, the Building Inspector, the Housing Officer, or other
Code Enforcement Officer, the Police Department, and the Warren 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. #2008-12]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than two hundred fifty ($250.00)
dollars, nor more than one thousand ($1,000.00) dollars. Each day
for which a violation of this section occurs shall be considered a
separate offense.
Fines levied and collected pursuant to the provisions of this
section shall be immediately deposited into the Municipal Recycling
Trust Fund (or equivalent). Monies in the Municipal Recycling Trust
Fund shall be used for the expenses of the municipal recycling program
including enforcement and education.
[Ord. #2008-12]
a.
In the event that it is determined, by a Court of competent jurisdiction,
that any provision or section of this section is unconstitutional,
all other sections and provisions shall remain in effect This section
shall take effect immediately, unless otherwise provided by Resolution
of the governing body.
[Added 12-20-2023 by Ord. No. 2023-18]
To establish requirements for the proper handling of yard waste
in the Township of Frelinghuysen, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Added 12-20-2023 by Ord. No. 2023-18]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter 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 directory.
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 into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision 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,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
[Added 12-20-2023 by Ord. No. 2023-18]
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 yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Added 12-20-2023 by Ord. No. 2023-18]
The provisions of this section shall be enforced by the Zoning
Officer of the Township of Frelinghuysen.
[Added 12-20-2023 by Ord. No. 2023-18]
[Added 12-20-2023 by Ord. No. 2023-18]
To establish a yard waste collection and disposal program in
the Township of Frelinghuysen, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Added 12-20-2023 by Ord. No. 2023-18]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter 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 directory.
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 into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision 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,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
[Added 12-20-2023 by Ord. No. 2023-18]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Added 12-20-2023 by Ord. No. 2023-18]
The provisions of this section shall be enforced by the Zoning
Officer of the Township of Frelinghuysen.
