Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinances codified herein include portions of Ord. Nos. 11, 11-74, 12-75, 4-90, 38-91, 41-91, 1972 Code §§ 15.1.1 – 15-1.13.
[Ord. No. 15-94]
This section shall be known and may be cited as the "Street Excavation Ordinance of the Borough of Keyport."
[Ord. No. 15-94]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
APPLICANT
Any person making written application to the Borough Clerk for an excavation permit hereunder. In the event that the applicant is a corporation or partnership, the applicant shall be the individual authorized to make said application on behalf of the corporation or business entity.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction, water and sewer connections or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvements existing within the public right-of-way, and retention/detention basins. For the purposes of this section, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed "excavation work." The term "excavation work" shall also include the construction, addition, installation or other disturbance of the whole or portions of the improvements within a public street, drainage right-of-way or other public grounds by persons other than those exempted from the provisions of this section, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
PERMITTEE
Any person who has been issued a permit pursuant to the terms and conditions of this section and who is obligated to fulfill all the terms of this section.
PERSON
Any person, firm, partnership, association, corporation, company or public or private organization of any kind.
STREET
Includes any public street, highway, sidewalk, alley, public easement, public right-of-way or public grounds accepted or maintained by the Borough and any State or County road over which the Borough may have acquired jurisdiction by agreement.
[Ord. No. 15-94]
a. 
It shall be unlawful for any person to perform any excavation work, as defined herein, or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street or dig up, break, excavate or undermine or any way affect any other public improvement within a public right-of-way, unless such persons shall first have obtained a permit therefor from the Borough Clerk of the Borough of Keyport as herein provided.
b. 
This section shall not apply to corporations having, by their charters or under the laws of this State, authority to excavate or open the surface of streets or roads without the consent of the municipal or local authorities, so far as concerns the uses and purposes to which such authority extends, but shall in other respects apply to such corporations in full force.
[Ord. No. 15-94; amended 2-19-2019 by Ord. No. 5-19]
a. 
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Clerk on the form provided by the Borough of Keyport and signed by the applicant performing the work. The form must be completed in such a fashion as to contain a clear and definite description of the name, address, telephone number of the applicant, the nature, scope, location and purpose of the excavation, together with the approximate size of the opening to be made in a sketch which clearly shows the location and dimensions of the proposed opening, the proposed dates of commencement and completion of the excavation, which date shall be the expiration date of any permit issued pursuant to the application, and such other data as may be reasonably required by the Department of Public Works, including complete plans, profiles and details of any proposed curb, sidewalk, pavement or other proposed improvement or structure being installed. Upon receipt of the application, the Borough Clerk shall refer the same to the Superintendent of Public Works or his designee and the Construction Official for comments within five business days of receipt of a complete application. All comments shall be made and the application returned to the Clerk with a recommendation of approval or disapproval (and the reasons therefor) within seven days of the receipt of the application by the Department of Public Works. The Clerk shall issue all permits approved within three days of receipt of application by the Department of Public Works or the expiration of the seven day comment period, whichever occurs first.
b. 
Work on any opening to be made under the permit provided for herein shall commence within 30 days from the date of the permit and prosecuted with diligence until its completion. If for any reason the work is not started within this period, the permit shall be void and any unused portion of its cash repair deposit or performance bond shall be refunded to the applicant.
c. 
Moratorium.
1. 
Street openings will not be permitted between November 15 and March 31 of any year unless it is determined by the Borough Engineer to be of an emergent nature and upon the recommendation of the Superintendent of Public Works, except with respect to Subsections 16-1.32 and 16-1.33.
2. 
The Borough Clerk shall not issue any permit for a street opening, an excavation or the discharge of explosives in any street, public place or private property unless there is presented satisfactory proof to the issuing authority in the form of a written statement that there has been compliance with R.S. 2C:17.4.
[Ord. No. 15-94]
a. 
A nonrefundable application fee of $75 shall be paid to the Borough to cover the cost of processing the application and providing inspection as outlined herein.
b. 
Permit fees may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with approved plans without cost to the Borough.
[Ord. No. 15-94]
The Borough Clerk shall provide each permittee a permit issued hereunder, which shall be plainly written or printed in English letters with the following notice: "Borough of Keyport; Permit No. __________, Expiration Date. __________," and the first blank space there shall be inserted the number of said permit and after the words "expiration date" shall be stated the date when said permit expires. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit.
[Ord. No. 15-94]
a. 
The application for an excavation permit to perform excavation work under this section shall be accompanied by a cash repair deposit unless a performance guaranty is accepted in lieu thereof pursuant to Subsection 16-1.8 of this section. Such cash repair deposit shall take the form of cash or certified check, payable to the Borough of Keyport, and shall be received by the Borough Clerk prior to the issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permittee's completion of the work covered by such permit, in conformity with this section as determined by the Borough, 1/2 of the remaining cash repair deposit shall be promptly refunded by the Borough to the permittee and the balance shall be refunded by the Borough to the permittee upon the expiration of two years from the date of final approval of the work upon the Borough's determination that the permittee has performed the work in conformity with this section.
b. 
The amount of the cash repair deposit to be collected by the Borough Clerk shall be:
1. 
Areas that are not within the traveled way or shoulders:
(a) 
Opening not exceeding 10 square feet: $2.50 per square foot or part thereof.
(b) 
Openings exceeding 10 square feet: $2.50 each for the first 10 square feet, and $2 for each square foot or part thereof in excess of 10 square feet.
2. 
Areas within the traveled way or shoulders:
(a) 
Opening not exceeding 100 square feet: $3 per square foot or part thereof.
(b) 
Openings over 100 square feet: $3 each for the first 100 square feet, and $2.50 for each square foot or part thereof in excess of 100 square feet.
c. 
In the case of excavation or removal or alteration of the public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., the Borough Engineer shall determine in each case the amount of the cash repair deposit in sum total sufficient to allow the Borough to perform all required repairs and restoration. Said amount shall be estimated to include gross Borough costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.
d. 
Cash repair deposits may be waived in the case of installation or repair of sidewalk by the owner or by a person acting for the owner of real property and may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans and without cost to the Borough; provided, however, that such waiver will not be granted if, in the opinion of the Borough, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.
[Ord. No. 15-94]
a. 
If an individual cash repair deposit required by subsection 16-1.7 exceeds $1,000 or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000 or if the applicant is a public utility regulated by the Federal government and/or the State of New Jersey, then the Borough Council may allow the provisions of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirement of this subsection, the applicant shall deposit it with the Borough Clerk in accordance with paragraph b. of this subsection, made payable to the Borough of Keyport. The required bond must be:
1. 
With good sufficient surety.
2. 
By a surety company authorized to transact business in the State of New Jersey.
3. 
Satisfactory to the Borough Attorney in form and substance.
4. 
Conditioned upon the permittee's compliance with this section and to secure and hold the Borough and its officers harmless against any and all claims, judgments or other costs arising from the excavations and other work covered by the excavation permit or for which the Borough, the Borough Council or any Borough Officer may be made liable by reason of any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and shall be further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition all openings and excavations made in streets to the satisfaction of the Borough.
b. 
The amount of the performance bond to be submitted to the Borough Clerk shall be a minimum of double the amount of the cash repair deposit required pursuant to subsection 16-1.7 of this section. In the event that the Borough Engineer or Superintendent of Public Works or his designee determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, the additional bond for the particular job in question may be required by the Department of Public Works in a sum determined by the Borough Engineer.
c. 
In lieu of a performance bond per job, any utility regulated by the Board of Regulatory Commissioners, or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of $10,000 with the Borough on an annual basis. In the event the Borough Engineer or Superintendent of Public Works or his designee determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket bond, an additional bond for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
[Ord. No. 15-94]
a. 
The permittee shall take appropriate measures to insure that during the performance of the excavation work, traffic conditions shall be maintained as nearly normal as practicable at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Department of Public Works with the approval of the Traffic Safety Officer, may permit the closing or partial closing of streets to all traffic for a period of time prescribed as necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Borough Police Department. The following steps shall be taken before any street may be closed or restricted to traffic:
1. 
The permittee must receive the approval of the Police Department thereof.
2. 
The permittee must notify, in writing, the Keyport Fire Department, the First Air Squad, the Emergency Management Coordinator and the Board of Education.
3. 
Upon completion of construction work, the permittee shall notify, in writing, the Borough Police Department, the Fire Department, the First Aid Squad, the Emergency Management Coordinator and the Board of Education before traffic is moved back to its normal flow so that any necessary adjustments may be made.
4. 
The permittee shall provide trained uniformed traffic directors with appropriate safety attire and equipment as required and/or Police officer and related equipment (i.e., signs, cones, etc.) for traffic control and direction of traffic at the street excavation site during the course of the excavation. Permittee shall pay all costs associated with the use of any private traffic directors or the use of Keyport Police personnel, if they are required during the course of the excavation, any work performed in connection therewith and during cleanup operations.
b. 
Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Chief of Police will designate detours. The Borough shall maintain roadway surfaces of existing roadways designated as detours without expenses to the permittee but in case there are not existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Borough Engineer. The permittee shall be responsible for any damage caused to any roadways by the operation of its equipment.
[Ord. No. 15-94]
The excavation work shall be performed and conducted so as not to interfere with access to First Aid Stations, Fire Stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
[Ord. No. 15-94]
The permittee shall erect and maintain suitable barriers to confine to a minimum the encroachment of earth from trenches or other excavations upon highways. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers, steel sheet and blocking of adequate size to accommodate vehicular traffic safely. Decking, if timber, shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length. The walk shall be not less than three feet in width and shall be provided with a railing on both sides.
[Ord. No. 15-94]
The permittee shall not interfere with any existing utility without the written consent of the Borough Engineer and/or the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. It shall be the responsibility of the applicant to arrange for this work and the payment of the costs thereof, as reasonably necessary. No utility owned by the Borough shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work, in accordance with applicable statutory provisions. In case any said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or owner unless said agency or owner authorizes the permittee to undertake repairs and the expense of such repairs shall be borne by the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
[Ord. No. 15-94]
The permittee shall, at all times and at his or its own expense preserve and protect from injury any adjoining property providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property, it is necessary to enter private property for the purpose of taking appropriate protective measures, the permittee shall obtain permission from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this section. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner or, in the case of public property, the appropriate Borough Department or Borough Official having control of such property.
[Ord. No. 15-94]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. This requirement may be waived by the Superintendent of the Department of Public Works, or his designee, if found unnecessary or unreasonable because of the nature of the excavation or conditions affecting same.
[Ord. No. 15-94]
a. 
The permittee shall erect and maintain, approaching and throughout the site of the excavation work, such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by the Police Department, all signs shall be provided as required by the "Manual on Uniform Traffic Control Devices," section concerning construction signing, as published by the United States Department of Commerce.
b. 
Should the Borough Police Department, at any time, determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of the Police Department and/or the requirements of the previously mentioned Manual on Uniform Traffic Control Devices, the Borough may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices and the cost thereof may be deducted from the cash repair deposit provided by the applicant or may be billed directly to the applicant by the Borough. If such billing is made and not paid by the applicant within 15 working days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety.
c. 
The Borough shall normally provide the applicant with 24 hours' notice of its intention to provide any such required signs, barricades and traffic control devices and its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the provision and erection of such devices without notice.
d. 
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed and maintained upon such place of excavation and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights which shall be kept burning throughout the night during the existence of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public at twilight. Excavations of any traveled portion of the roadway shall be backfilled so as to allow vehicular traffic to proceed on the roadway unless otherwise directed by the Borough Engineer.
[Ord. No. 15-94]
It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
[Ord. No. 15-94]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Borough shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
[Ord. No. 15-94]
a. 
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Department of Public Works shall require said labor and materials to be furnished and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
b. 
The Borough shall normally provide the applicant with 24 hours' notice of its intention to provide any such required work, and its intention to bill the applicant for the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit or to recover the cost thereof from the applicant's surety, except that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the repairs to be made without notice.
[Ord. No. 15-94]
Property lines and limits or easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.
[Ord. No. 15-94]
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department of Public Works. From time to time as may be ordered by the Department of Public Works and, in any event, immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work; and upon failure to do so within 24 hours after having been notified to do so by the Borough, said work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[Ord. No. 15-94]
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Superintendent of the Department of Public Works, his designee or the Borough Engineer may direct. The permittee shall provide for environmental protection for streams and watercourses. The permittee shall not obstruct any drainage facility on any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slicking or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
[Ord. No. 15-94]
Whenever it is necessary to break through existing pavement for excavation purposes and where trenches are to be four feet or more in depth, the base pavement shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement and a six inch shoulder of undisturbed material shall be provided in each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit removal of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up pavement.
[Ord. No. 15-94]
Tunnels under pavement shall not be permitted except by permission of the Borough Engineer. If permitted, tunnels shall be adequately supported by timbering and backfilling under the discretion of the Borough Engineer.
[Ord. No. 15-94]
a. 
Prior to excavation, all trench openings shall be neatly saw cut. Unless specifically allowed, in writing, by the Superintendent of the Department of Public Works, or his designee, under unusual circumstances, no excavation work area shall remain open overnight. In the event any excavation work area is permitted to remain open overnight, the permittee shall be responsible for taking appropriate steps to properly block off the excavation work area and give adequate warning to anyone approaching same on foot or any vehicle of any type, including but not limited to the use of lighting, reflective materials and barriers.
b. 
Unless otherwise provided by the Superintendent of the Department of Public Works, or his designee, the contractor shall backfill all trenches at the end of each working day with suitable materials from the trench excavation or with granular borrow material. Rocks larger than six inches may not be included in backfill. If the Superintendent of the Department of Public Works, or his designee, determines the existing material is unsuitable, select off-site granular material shall be provided. Backfill material shall be deposited in layers and mechanically compacted to a minimum 90% Modified Proctor Density. The densities shall be based upon the latest Standard Test Methods for Moisture Density Relations of Soils and Soil Aggregate Mixtures using 10 lb. Rammer and 18" Drop, ASTM Designation D-1557. In lieu of mechanical compaction in lifts, compaction by water-jetting or puddling may be used with written permission from the Superintendent of the Department of Public Works, or his designee. If the use of either of these methods is proposed, the contractor shall submit full details of the methods he intends to employ for approval. Consolidation will not be acceptable as a method to achieve the soil densities specified.
c. 
The backfilling, replacement of subbase and installation of base course shall be completed within 24 hours after commencement of work. Exception to the above time limits may be permitted by the Superintendent of the Department of Public Works, or his designee, if it is impractical to complete the work within this time or safety dictates a shorter completion period.
[Ord. No. 15-94; Ord. No. 22-98; Ord. No. 18-99]
a. 
Restoration.
1. 
Once the excavation work area has been properly saw cut, and the back fill tamped and compacted, the permittee shall install no less than eight inches of bituminous stabilized base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install eight inches of bituminous stabilized base course in the entire area.
2. 
The partially restored pavement shall be allowed to settle for no less than 90 and no more than 180 days. At the end of the period of time of settlement required by the Superintendent of the Department of Public Works or his designee, an inspection shall be performed by the Superintendent of Public Works or his designee.
3. 
At this time, unless the Superintendent of the Department of Public Works, using a standard of reasonableness, authorizes a less stringent action, the permittee shall be required to mill and restore the excavation work area surface extending from the curb to the centerline of the road or a minimum of one foot beyond the outer edges of the excavation, whichever is greater, and install no less than two inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot-poured rubber asphalt joint sealer (per section 908 of DOT Standard Specifications for Roads and Bridges). If the excavation work area will be within two feet or less of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall be required to mill and restore between the outermost excavation from the centerline of the roadway to the curb.
4. 
If the distance from the edge of the excavation work area to the existing curb is greater than two feet and less than four feet, permittee shall be required to mill this area, as well as the surface of the excavation work area. In the event that the excavation work area opening is smaller than 10 square yards, the Superintendent of the Department of Public Works, or his designee, may determine that milling and/or other trench repair methods be used.
5. 
The permittee will be required to replace any structures including, but not limited to, curb, pavement and sidewalk, that had been undermined by the adjacent trench excavation and restoration work, at his or its expense. Such work shall be performed according to Borough standards.
6. 
Rules and regulations. Applicant shall comply with all BOCA Codes, Ordinances of the Borough of Keyport, resolutions or conditions of the Mayor and Council, or any duly constituted Board and any regulations which the Superintendent of Public Works or the Borough Engineer may establish.
b. 
Maintenance procedures.
1. 
When final pavement restoration is approved, as required in paragraph a above, the Superintendent of Public Works or his designee, shall notify the Borough Clerk in writing that the portion of the cash repair deposit or performance guarantee pertaining to the street opening permit posted by the permittee at the onset of the project may be released subject to the retainage requested herein below. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. The permittee shall also agree to repair any adjacent structures including but not limited to curb, pavement and sidewalk that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainage, 50% of the cash repair deposit and/or performance guarantee during the two year maintenance period.
2. 
If an inspection reveals that the restored excavation work area becomes unacceptable, the Superintendent of the Department of Public Works, or his designee shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair the trench within this time, the Superintendent of the Department of Public Works, or his designee shall notify the Borough Clerk and he shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceed the maintenance bond, the permittee shall be liable for said additional costs.
3. 
Upon the termination of the two-year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest.
c. 
The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. If, in the judgment of the Borough Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions or any other reason, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
d. 
Acceptance or approval of any excavation work by the Superintendent of the Department of Public Works, his designee, or the Borough Engineer shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The presence of a representative of the Department of Public Works or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
e. 
Openings in newer paved streets; additional fee.
1. 
No permit shall be issued by the Superintendent of Public Works of the Borough of Keyport which would allow an excavation or opening of a paved or improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
2. 
If by special permission of the Superintendent of Public Works a permit is issued to open any paved or improved street surface less than five years old, an additional fee shall be charged for the opening, except that the additional fee shall be waived in the event the work is of an emergency nature. The additional fee shall be equal to the sum of $300 for the first two years and $150 for years three through five.
[Ord. No. 15-94]
a. 
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit or shall fail to adhere to other requirements of this section, the Borough shall have the right to do all work necessary to restore the street, to eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost, in addition, for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply, in payment of the amount due it, any funds of the permittee deposited as herein provided; and the Borough shall also enforce its rights under any surety bond provided pursuant to this section. The Borough will normally give the permittee 24 hours' notice of its intent to act, under the terms of this subsection, to eliminate violations of this section or to restore the surface, except that in the case of immediate danger to the public health or safety, certified to by the appropriate officials, no such notice will be provided.
b. 
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition.
[Ord. No. 15-94]
Except by special permission from the Borough Engineer, no trench shall be excavated more than 150 feet in advance of pipe laying or left unfilled more than 150 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place during that single working day. Trenches shall be braced and sheathed according to generally accepted safety standards or construction work and/or as prescribed by the Borough Engineer. Except with the written permission of the Borough Engineer, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.
[Ord. No. 15-94]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the excavation permit therefor.
[Ord. No. 15-94]
If traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Superintendent of the Department of Public Works, his designee or the Borough Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day, to the end that such excavation work may be completed as soon as possible.
[Ord. No. 15-94]
In the event of any emergency in which a sewer main, conduit or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the owner or operator of such sewer main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measure to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such owner or operator shall apply for an excavation permit not later than the end of the next succeeding day during which the Borough Clerk's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[Ord. No. 15-94]
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris, and during the hours of 9:00 p.m. and 7:00 a.m., shall not use, except with the express written permission of the Superintendent of the Department of Public Works, or his designee, or in the case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Dust shall be controlled by means of maintaining the work area in a clean condition, cleaning and/or sweeping pavement areas and applying calcium chloride.
[Ord. No. 15-94]
The permittee shall not disturb any survey monuments, hubs or pipe found on the line of excavation work until and unless ordered to do so by the Borough Engineer.
[Ord. No. 15-94]
a. 
Forty-eight hours prior to the commencement of the work, the permittee shall notify the Department of Public Works and request that an inspector be present to supervise the excavation and restoration. The permittee shall also notify all utility companies within such time as they prescribe according to their rules and regulations, prior to commencement of any work, in order to obtain appropriate utility underground location information. No pavement surface restoration shall be performed until the backfill operation is complete and approved by the Superintendent of the Department of Public Works, or his designee.
b. 
The Superintendent of the Department of Public Works or his designee shall make any and all inspections as are reasonably necessary in the enforcement of this section.
[Ord. No. 15-94]
Users of subsurface street spaces shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures including abandoned installations. Two copies of as-built drawings shall be filed with the Borough Engineer and one copy with the Superintendent of the Department of Public Works within 60 days after new installations, changes or replacements are made.
[Ord. No. 15-94]
The provisions of this section shall not be applicable to any excavation work by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work, for and on behalf of the Borough necessitating openings of excavations in streets. Nor shall the provisions of subsection 16-1.5 and 16-1.7 apply to any excavation work performed adjacent to or within public right-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided such subdividers or site developers have complied with applicable ordinance requirements governing subdivisions or site plans. Nothing in this subsection shall eliminate the requirement for the preparation of as-built drawings for the installation of any underground structures, whether installed by the Borough, a subdivider or a site developer.
[Ord. No. 15-94]
a. 
A permittee, prior to the issuance of the permit to do the work hereunder, shall furnish to the Borough Clerk satisfactory certificates of insurance indicating that the permittee has in force and will maintain in force, during the performance of the excavation work and the period of the excavation permit, public liability insurance of not less than $300,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000, duly issued by an insurance company authorized to do business in this State. The Borough shall be named as an additional insured on the permittee's insurance policy. In cases where the character or nature of the proposed excavation work is such as to present an unusual hazard or a higher than normal risk of damage or injury, the Borough Council may require the provision of increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred, by the Superintendent of the Department of Public Works, for the consideration of the Council prior to the issuance of a permit.
b. 
By the making of an application for a permit, the permittee agrees to indemnify and save harmless the Borough of Keyport, its offices, agents and servants from and against any loss, injury or damage (including the costs of providing a defense) resulting from any negligence or the fault of the permittee in the case of work covered by the permit. The permittee shall also indemnify and save harmless the Borough of Keyport (including the costs of providing a defense) against any damage done to other utilities as a result of a road opening.
[Ord. No. 15-94]
This section shall not be construed as imposing upon the Borough or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Ord. No. 15-94]
The Borough Superintendent of the Department of Public Works is authorized to refuse the issuance of any permit, if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by the Superintendent of the Department of Public Works, an appeal may be taken to the Borough Council. The Council after hearing the applicant and the Borough Superintendent of the Department of Public Works and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Borough Superintendent of Public Works.
[Ord. No. 15-94; Ord. No. 3-11]
For the violation of the provisions herein contained, the Superintendent of the Department of Public Works or the Borough Engineer may revoke the permit and the excavation or opening and pavements may be restored by the Borough of Keyport at the expense of the permittee. In addition, any person, firm or corporation violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty shall not be less than $300 for a first offense and for a second or subsequent offense shall not be less than $500.
[Ord. No. 27-02]
a. 
No person shall paint, stencil, color, mark or deface the pavement, sidewalk or curb of any public street in the Borough; provided, however, that this section shall not be applicable to painting under the direction of the Chief of Police of the Borough of Keyport, or his designee, in the regulation of the traffic and parking of motor vehicles within the Borough of Keyport.
b. 
Definitions.
PUBLIC UTILITY
Shall have the meaning set forth in N.J.S.A. 48:2-13.
UTILITY MARK-OUT
Pursuant to N.J.S.A. 48:2-80, shall mean the marking, staking, locating or other identification of underground facilities performed by utility providers or their agents, that may be affected by a planned excavation or demolition.
c. 
Temporary marking is customarily done in indelible paint on the ground surface above the utility to indicate its location in order to enable an excavator to employ prudent construction techniques to determine the precise location of the provider's underground facilities. The mark-out is performed within three business days after receipt of a notice of intent of any person performing excavations, exploratory borings, or subsurface probing, and demolition, in public or private properties.
Public and private utility providers shall insure that painted mark-out must be removed no later than four weeks after the mark-outs are ordered or performed, but no less than the term of longevity required under state law. Removal of the mark-outs shall not destroy, damage or mar the public streets, sidewalks or curbs on which the paint exists.
[Ord. No. 27-02]
Any public utility, private utility, private contractor, corporation or individual who fails to remove indelible paint mark-outs on public sidewalks, curbs or streets within the time prescribed shall be subject to a penalty of $500 for each offense, plus the cost to the Borough for the restorational repair of said sidewalk, curbs or streets. Each offense shall consist of responding to a request for the marking out of underground utilities.
[Ord. No. 27-02]
Upon application, and upon such terms as the Mayor and Council may believe reasonable, the Mayor and Council may agree to waive the terms and conditions set forth or to expand any terms and conditions as set forth in the within section.
[Ord. No. 9-04]
As used in this section, the following words shall be construed and have the following meanings:
CONSTRUCTION DEBRIS
Treated or untreated lumber, paneling, sheetrock, window and window frames, wooden or metal doors, toilets, ceramic bathtubs or showers, roof shingles and roofing materials, bricks, concrete flooring, insulation, hardwood floors, ceiling tiles, ceramic sinks, metal railings, grates or gates, metal or wooden fencing, sidewalks or any other material generally used in construction.
[Ord. No. 9-04]
No person or persons, firm, partnership or corporation shall store or cause to be stored or allow to be stored, or permit to be dumped, spilled or otherwise placed upon any property, residential or commercial, within the Borough of Keyport, construction debris, dirt, soil, mud, gravel, sand, stone, cement, trees, stumps, brush, grass, wood, metal, iron, ashes, coal or any other type of materials except as may be provided herein.
[Ord. No. 9-04]
Storage of the above enumerated items shall be permissible in accordance with the following:
a. 
In the case of those commercial establishments within the Borough of Keyport who offer the within items enumerated above for sale as part of their regular business activities. These businesses shall include department stores, hardware stores, nurseries, plumbing supply stores, landscaping suppliers, construction companies, marinas, fence suppliers, pool companies or related businesses located within the General Commercial, General Marine Commercial, Highway Commercial or Light Industrial Zones within the Borough of Keyport.
b. 
Any new construction, repair, renovation, remodeling, expansion or any other construction, installation, landscaping, addition to any home or structure situated within the Borough of Keyport, provided a permit is obtained (where required) and further provided that any such work is continuously in progress at the within location.
c. 
By any municipal, County, State or Federal government or agency in connection with the providing of services of the Borough of Keyport.
[Ord. No. 9-04]
All construction debris and items described above shall be removed from all properties upon completion of any construction, landscaping, installation or improvement by the owner or his contractor by dumpster or by other means except that no construction debris shall be placed for collection and disposal within the Borough of Keyport.
[Ord. No. 9-04]
Any person or persons, firm, partnership or corporation who violates or neglects to comply with any provision of this section shall be punishable upon conviction thereof, by the General Penalty established in Section 1-5 of the Revised Ordinances of the Borough of Keyport.
[Ord. No. 21-11]
The Mayor and Council have determined that it is necessary to revise and update ordinances to eliminate inconsistencies, to properly identify the solid waste to be collected and to more clearly identify those items which must be recycled in accordance with ordinances established by the Borough of Keyport in accordance with State mandates. The public interest requires that residents and businesses comply with recycling laws and mandates to reduce the flow of recyclable items into landfills. Enforcement of solid waste disposal and recycling regulations further protects the health and safety of the residents of Keyport.
[Ord. No. 21-11]
As used in this section, the following words shall be defined as follows:
APARTMENTS, CONDOMINIUMS OR TOWNHOUSES
A building complex comprised of four or more units consisting of one or more rooms designed with a private bath and kitchen facilities comprising an independent self contained dwelling unit, for which common solid waste collection and recycling is provided through a central collection site by use of dumpsters and other receptacles for the collection of recyclable materials.
BULK OR BULK ITEMS
Household objects such as furniture, plumbing fixtures, toilets, bath tubs, sinks, lawn care machinery, hot water tanks, rugs/carpets and floor pads not greater in dimension than 10 feet by 12 feet, lamps, upholstered couches and chairs, lawn furniture, plastic toys, pet items, file cabinets, ironing boards, gym sets, mattresses, box springs, untreated lumber in 50 pound bundles no longer than six feet, and any other item normally found in the home which is not in whole or in part a "covered electronic device" as defined by the "Electronic Waste Management Act," N.J.S.A. 13:1E-99.94, et seq., or otherwise barred from disposal as solid waste by State or Federal statute or regulation.
COMMERCIAL PROPERTIES
All commercial properties including, but not limited to, stores, offices, factories, restaurants, taverns, bars, hotels, motels, nursing homes, fast food complexes, convenience stores, car dealerships, service stations, shops, marinas, industrial plants and any type of property which is income producing situate on an individual parcel within the Borough of Keyport.
FIXED-CONTOUR CONTAINERS
Containers with a designed shape and volume, whether constructed of rigid material or plastic or other flexible material, equipped with tight-fitting covers, of an approved type with handles and tapered sides. The container must be vermin resistant. The total capacity of each such container shall not exceed 50 gallons. The loaded weight of each container and its contents shall not exceed 50 pounds. Plastic bags are noncompliant and may not be used except when placed in a fixed-contour container, dumpster or other solid waste receptacle.
GARBAGE
All animal and vegetable waste from any kitchen, market, store or retail establishment within the Borough of Keyport, or any other type of waste, which due to animal or vegetable content, may decompose, spoil or otherwise cause odor and thus create a hazard to public health within the Borough of Keyport.
MIXED USE PROPERTIES
The combination or development of commercial structures and residential structures within the same individual parcel which shall generally contain commercial establishments on the ground floor and residential apartments or units located above the commercial establishment on the same parcel of land.
PARCEL
An individual lot or contiguous lots occupied by one or more commercial establishments and/or commercial establishments with residential units as a mixed use. For the purpose of this section, each parcel shall be limited to a specified number of containers for solid waste collection by the Borough of Keyport.
RECYCLABLE MATERIALS
Those materials identified for mandatory separation and recycling pursuant to Section 16-6 of this Chapter or mandated to be separated and recycled by any State, County or municipal statute, ordinance or regulation.
REFUSE
Other materials generally found in a residential dwelling or abode or a commercial establishment, which is not otherwise deemed recyclable under Section 16-6 of this Chapter or other materials that are excluded from regular collection by statute, regulation or ordinance.
REGULAR COLLECTION
The regularly scheduled weekly collection of discarded materials generally including garbage, refuse and other materials not specifically regulated, controlled, prohibited or mandated to be separated and recycled by any statute, regulation or ordinance.
RESIDENTIAL PROPERTY
A dwelling house including the lot or parcel of land on which the dwelling is situated which dwelling is functionally designed for the use and enjoyment of not more than three families. A "family" is an individual or individuals, whether related or not, who reside in a unit consisting of one or more rooms designed with a private bath and kitchen facilities comprising an independent self-contained dwelling unit. This class shall not include apartments, condominiums, townhouses, commercial properties, mixed use properties, residential properties of four or more such units or other types of multi-family dwellings including hotels, motels, boarding homes or shelters.
SOLID WASTE
Garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials which are disposed of through waste collection either publicly or privately, except for those materials identified for mandatory separation and recycling pursuant to Section 16-6 of this Chapter or mandated to be separated and recycled by any state, county or municipal statute, ordinance or regulation or other materials that are excluded from regular collection by statute, regulation or ordinance.
[Ord. No. 21-11]
a. 
Residential Property. Every person placing garbage, refuse or solid waste for collection by the Borough of Keyport from, or in connection with a residential property or residential unit shall, in addition to complying with any State, County or Municipal Recycling Codes, comply with the following requirements:
1. 
Garbage, refuse or other materials permitted for regular collection shall be placed in fixed-contour containers equipped with tight-fitting covers and shall be of an approved type with handles and tapered sides. The container must be vermin resistant. No more than three containers per residential unit shall be placed out for municipal collection. Regardless of the number of residential units in the property the total number of containers placed for curbside collection shall not exceed six. The owner or manager of a residential property containing two or three units shall be responsible for clearly marking each container by numbers or letters at least 1/2 inch wide by six inches high to identify the unit whose garbage it contains. The total capacity of each such container shall not exceed 50 gallons. The loaded weight of each container and its contents shall not exceed 50 pounds. Garbage in plastic bags or noncompliant containers shall not be collected.
2. 
Garbage, refuse or other materials permitted for regular collection shall be accepted for public collection on dates specified and fixed by the Borough of Keyport.
3. 
Recyclable materials as defined in subsection 16-6.2 of this Chapter, including aluminum, batteries, corrugated cardboard, glass, high grade paper, junk mail, leaves, newspapers, plastic containers, tin and bi-metal cans, tires and white metals shall not be subject to regular collection or pickup as part of garbage collection. These items shall be placed for collection as directed for each class of recyclable materials.
4. 
Bulk items shall be collected in accordance with a schedule established by the Mayor and Council for collection of bulk items. Bulk items shall not be placed for collection prior to 4:00 p.m. of the day prior to the scheduled collection.
5. 
Construction debris as defined in subsection 16-3.1 of this Chapter shall not be subject to regular collection and pickup as part of garbage collection.
6. 
Dangerous materials as defined in subsection 16-5.5 shall not be subject to regular collection and pickup as part of garbage collection and shall not be placed in any dumpster or container for collection.
7. 
When not placed for collection or disposal, all receptacles or cans used for the storage of solid waste, garbage, refuse or recyclable materials shall be properly stored by each residential property owner, tenant or occupant. Said receptacles or cans shall not be stored in any front yard area. The area used for storage of containers for solid waste, garbage, refuse and recyclable materials shall be either the interior of the residential property or garage or in rear of the residential property, or if stored in a side yard such containers shall be screened from public view.
8. 
Residential property serviced by a dumpster shall be subject to the regulations for apartments, condominiums and townhouses.
b. 
Apartments, Condominiums or Townhouses. Every person placing garbage, refuse or solid waste for collection by the Borough of Keyport from, or in connection with, an apartment, condominium or townhouse shall, in addition to complying with any State, County or municipal recycling codes, comply with the following requirements:
1. 
All normal household garbage, refuse or other materials permitted for regular collection shall be deposited in a central collection site which utilizes a dumpster(s) or other receptacle(s) for municipal garbage collection, which collection shall occur on dates specified by the Borough of Keyport.
2. 
Each dumpster or receptacle shall have a closely fitted and secure lid in order to prevent the spread of noxious odors, seepage or decay or the infestation by vermin or disturbance by other animals. Upon placement of solid waste, garbage or refuse within the dumpster or other receptacle, each resident shall ensure that the lid is securely closed.
3. 
Recyclable materials as defined in subsection 16-6.2 of this Chapter, including aluminum, batteries, corrugated cardboard, glass, high grade paper, junk mail, leaves, newspapers, plastic containers, tin and bi-metal cans, tires and white metals shall not be subject to regular collection or pick-up as part of garbage collection. These items shall be placed at the central collection site in receptacles labeled for recyclable materials for collection as directed for each class of recyclable materials.
4. 
Bulk items shall be placed in a central location to be collected in accordance with a schedule established by the Mayor and Council for collection of bulk items. Bulk items shall not be placed for collection prior to 4:00 p.m. of the day prior to the scheduled collection.
5. 
Construction debris as defined in subsection 16-3.1 of this Chapter shall not be subject to regular collection and pickup as part of garbage collection and shall not be placed in any dumpster or receptacle for collection.
6. 
The location of the central collection site for the placement of dumpsters and other receptacles used for the collection of solid waste, garbage, refuse and recyclable materials and as the collection point for bulk items shall be selected by the apartment, condominium or townhouse complex with the approval of the Borough of Keyport. The location shall be sufficient to accommodate a dumpster or other receptacles used in the collection of solid waste, garbage and refuse and to accommodate the disposal of bulk items. The location shall further permit sufficient access to vehicles used in the collection of the disposed items. Nothing herein shall prohibit the location of multiple central collection sites provided each site is accessible to vehicles for the collection of the disposed materials.
7. 
The area used for such storage of dumpsters and other receptacles shall be screened by a solid fence, which shall be maintained in good repair, or a row of plantings not less than 48 inches high. A gate shall be installed and maintained to control access to the storage area. All dumpsters or receptacles shall be placed on a concrete, mortared brick or stone, or blacktop pad or other impervious service.
8. 
Dangerous materials as defined in subsection 16-5.5 shall not be subject to regular collection and pickup as part of garbage collection and shall not be placed in any dumpster or container for collection.
9. 
Any apartment, condominium or townhouse complex which does not utilize a central collection site shall submit a plan for the location of containers to be used to dispose of solid waste, garbage, refuse, bulk items and recyclable materials to the Property Maintenance Officer who shall review these plans in consultation with the Health Inspector, Recycling Coordinator, Code Enforcement Officer and Construction Official, as appropriate. The plan shall provide for collection in accordance with the standards for residential properties set forth in subsection 16-5.3a. The plan must ensure that the containers do not interfere with public travel whether vehicular or pedestrian and do not create an unsightly clutter along the public street. Regardless of the number of residential units in the complex the total number of containers placed for curbside collection shall not exceed six. The owner or manager of a residential property containing four or more units shall be responsible for clearly marking each container by numbers or letters at least 1/2 inch wide by six inches high to identify the unit whose garbage it contains. This paragraph does not apply to an apartment which meets the definition of mixed use which shall dispose of solid waste, garbage, refuse, bulk items and recyclable materials in accordance with subsection 16-5.3c.
10. 
Owners, landlords or managers of apartments, condominiums or townhouses may enter into private contracts for the collection of any class of solid waste without forfeiting the right to municipal collection of other classes of solid waste.
c. 
Commercial and Mixed Use. Every person placing garbage, refuse or solid waste for collection by the Borough of Keyport from, or in connection with, commercial properties and/or mixed use properties shall, in addition to complying with any State, County or municipal recycling codes, comply with the following requirements:
1. 
Garbage, refuse or other materials permitted for regular collection shall be placed in fixed-contour containers equipped with tight-fitting covers and shall be of an approved type with handles and tapered sides. The container must be vermin resistant. No more than four containers per business or commercial unit shall be placed out for municipal collection. If there is more than one business, commercial or residential unit in the building an additional two containers may be placed for curbside collection, but the total number of containers per parcel shall not exceed six. The owner or manager of a property containing more than one unit shall be responsible for clearly marking each container by numbers or letters at least 1/2 inch wide by six inches high to identify the unit whose garbage it contains. The total capacity of each such container shall not exceed 50 gallons. The loaded weight of each container and its contents shall not exceed 50 pounds. Garbage in plastic bags or non-compliant containers shall not be collected.
2. 
Commercial properties and mixed use properties who exceed the maximum allowance of six 50 gallon containers per collection day shall be required to obtain a dumpster or other similar receptacle for the purpose of the collection and disposal of garbage, refuse and solid waste, at the sole cost and expense of the property owner, landlord, tenant or occupant.
3. 
Recyclable materials as defined in subsection 16-6.2 of this Chapter, including aluminum, batteries, corrugated cardboard, glass, high grade paper, junk mail, leaves, newspapers, plastic containers, tin and bi-metal cans, tires and white metals shall not be subject to regular collection or pickup as part of garbage collection. These items shall be placed for collection as directed for each class of recyclable materials.
4. 
The owner or landlord of a commercial property or mixed use property shall be required to provide adequate containers for the collection of solid waste, garbage, refuse and recyclable materials and shall maintain those receptacles, containers or dumpsters in good condition in accordance with the provisions of this Chapter.
5. 
Each commercial property or mixed use property shall provide a location for the storage of any receptacle used in the collection and storage of solid waste, garbage, refuse or recyclable materials for all commercial establishments and/or residential units located on each parcel, which location shall be on the side or rear of the parcel. In the event a dumpster is utilized by the commercial property or mixed used property for collection, the location of such shall be on the side or rear of the parcel and shall permit sufficient access to vehicles used in the collections of the within solid waste, garbage, refuse or recyclable materials. Nothing herein shall prohibit the owner of a commercial property or mixed use property from entering into an agreement for the private collection of solid waste or recyclable materials.
6. 
Each commercial property or mixed use property which provides an area for the storage of dumpsters or receptacles used in the connection with the storage and disposal of solid waste, garbage, refuse and recyclable materials shall provide adequate screening from the public view. Every area shall be properly screened by a solid fence, which shall be maintained in good repair, or a row of plantings, which shall not be less than 48 inches high. A gate shall be installed and maintained to control access to the storage area. Each dumpster or receptacle shall have a closely fitted and secure lid in order to prevent the spread of noxious odors, seepage or decay or the infestation by vermin or disturbance by other animals. Upon placement of solid waste, garbage, refuse or recyclable materials within the dumpster or other receptacle, each user or resident shall ensure that the lid is securely closed. All dumpsters or receptacles shall be placed on a concrete, mortared brick or stone, or blacktop pad or other impervious service.
7. 
Commercial properties and mixed use properties which cannot provide a location for the storage of receptacles used in the collection and storage of solid waste, garbage, refuse or recyclable materials may obtain a permit from the Borough to store such receptacles on adjacent or nearby Borough owned property, if such property is available. Placement and screening for the receptacle(s) shall be determined by the Property Maintenance Officer in consultation with the Health Inspector, Recycling Coordinator, Code Enforcement Officer and Construction Official, as appropriate. The initial term of this permit shall be from the date of its issuance to June 30 of the following year. The term of subsequent permits for the same parcel shall be one year commencing July 1 and ending June 30. The initial fee for this permit shall be $100. If there is no change to the location, placement and screening of the receptacle the fee for subsequent permits shall be $25 annually due on July 1.
8. 
Nothing in the within section shall prohibit commercial properties or mixed use properties from contracting to share the costs of any private collection of solid waste, garbage, refuse or recyclable materials nor from sharing access to a dumpster(s) or other receptacles for the collection and disposal of solid waste or recyclable materials.
9. 
Each commercial property or mixed use property shall be entitled to pickup of recyclable materials as defined in subsection 16-6.2 of this Chapter. There shall be no restriction or limitation as to the amount of recyclable materials collected from any parcel used as commercial property or mixed use property. These items shall be placed for collection as directed for each class of recyclable materials.
10. 
Bulk items may be disposed of in accordance with the schedule promulgated by the Mayor and Council. Each parcel of commercial property or mixed use property shall be entitled to dispose of one bulk item during each regularly scheduled bulk collection. Bulk items shall not be placed for collection prior to 4:00 p.m. of the day prior to the scheduled collection.
11. 
Construction debris as defined in subsection 16-3.1 of this Chapter shall not be subject to regular collection and pickup as part of garbage collection and shall not be placed in any dumpster or receptacle for collection.
12. 
Dangerous materials as defined in subsection 16-5.5 shall not be subject to regular collection and pickup as part of garbage collection and shall not be placed in any dumpster or container for collection.
13. 
Owners, landlords or managers of commercial property or mixed use property may enter into private contracts for the collection of any class of solid waste without forfeiting the right to municipal collection of other classes of solid waste.
[Ord. No. 21-11]
No person shall set or place any garbage, refuse, recyclable materials, bulk items or other solid waste on the curbline for collection from any residential property, commercial property or mixed use property prior to 4:00 p.m. of the day prior to the collection day for the district in which the same is situated, nor allow any empty containers to remain on the curbline, as herein provided, after 7:00 p.m. of the day of collection, and all such containers shall be stored in a manner as to not create a nuisance or annoyance to neighbors and the public.
No contractor shall commence the collection of garbage and/or recyclable materials prior to 6:00 a.m. All contractors shall conclude the collection of garbage and/or recyclable materials prior to 6:00 p.m.
In the event of a declared emergency, the within times fixed for disposal may be extended by the Mayor and Council, Administrator or Health Officer.
[Ord. No. 21-11]
No person shall place for collection or disposal any explosive or highly reactive, or highly inflammable materials such as benzene, gasoline, petroleum, explosive powder, mercury, nitrocellulose film, unbroken florescent tubes, chemicals, ammunition, explosive materials, engine coolant, oil, anti-freeze or any similar materials.
No liquids of any type, including, but not limited to, chemicals, paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products may be placed with recyclables or solid waste for disposal ("hazardous waste exclusion").
No rags or cloths containing these substances may be placed with recyclables or solid waste for disposal.
Special arrangement for collection and disposal of dangerous materials should be made with the garbage contractor. Any costs or fees related to the disposal of any dangerous materials shall be the sole responsibility of the property owner.
[Ord. No. 21-11]
All garbage, refuse, bulk items, recyclable materials or other solid waste, whether in containers or not, shall be set or placed for collection from any residential property, commercial property or mixed use property within the Borough of Keyport as near as possible on or along the curbline and shall not be set or placed in any gutter, street, road or on any walk or sidewalk or in a manner so as to interfere with public travel whether vehicular or pedestrian. Solid waste, garbage, refuse, bulk items or recyclable materials from commercial or mixed use properties may be placed on the sidewalk adjacent to the curbline in a manner so as not to interfere with public travel.
When the containers have been emptied they shall be returned to the places from which they were picked up and they shall not be set or placed in any gutter, street, road or on any walk or sidewalk, except as provided above for commercial and mixed use properties.
During times when accumulated snow is piled along the curbline the containers and other solid waste shall be placed so as to cause the least interference with public travel.
Dumpsters or other such receptacles shall be located and emptied as provided elsewhere in this section.
[Ord. No. 21-11]
No owner, lessee, occupant or resident of any property within the Borough of Keyport, shall dispose of construction debris as defined in subsection 16-3.1 of this Chapter either as part of recycling collection or solid waste collection with the Borough of Keyport. Any owner, lessee, occupant, resident, partnership or corporation of a residential or nonresidential property who violates the terms herein contained shall be subject to penalty as set forth in this Chapter.
[Ord. No. 21-11]
Bulk items are defined in subsections 16-5.2 and 16-6.2. The owner, occupant, or resident of a residential or nonresidential property shall dispose of bulk items as part of solid waste collection in accordance with the following:
a. 
Each residential property within the Borough shall be permitted to dispose of bulk items in accordance with a bulk collection schedule promulgated by the Mayor and Council. Each bulk item to be disposed of shall be placed curbside in accordance with the regulations established for solid waste pickup.
b. 
Each parcel of commercial property or mixed use property shall be permitted to dispose of bulk items in accordance with a bulk collection schedule promulgated by the Mayor and Council. Each bulk item to be disposed of shall be placed curbside in accordance with the regulations established for solid waste pickup.
c. 
The Mayor and Council shall provide for the collection of at least one bulk item per month from each property. The Mayor and Council may further fix additional bulk pickups for residents under such terms as shall be deemed appropriate.
d. 
Any owner, lessee, occupant or resident who improperly places a bulk item or items on a date not scheduled for bulk pickup, shall within 24 hours remove the bulk item or items from the curbline to the proper storage area on their property until the regularly scheduled bulk pickup. Failure to do so will result in a violation of the within section and penalties in accordance with the provisions of this Chapter.
[Ord. No. 21-11]
a. 
Grass clippings are not collected and are banned from landfills. Cut and leave or request composting information. If your grass is cut by a lawn care company have the company haul the clippings away for disposal in accordance with applicable statutes, regulations and ordinances.
b. 
Leaves MUST be placed in biodegradable bags and must not be mixed with branches, garbage, refuse, etc., for collection by the Borough. Plastic bags may not be used for disposal of leaves. The Borough provides 25 biodegradable bags per property to residents each year. Residents may pick up their allotment at the Recycling Center. Bagged leaves are collected curbside or can be brought to the Recycling Center during the regular days of operation. Unbagged leaves may not be placed curbside or in the street at any time.
[Ord. No. 21-11]
a. 
All natural tree and shrub limbs without leaves no larger in diameter than four inches and no longer than six feet shall be tied and placed curbside or can be brought to the Recycling Center. Collection of these items shall be made by the Borough of Keyport in accordance with a schedule fixed by the Mayor and Council.
b. 
Christmas trees, live or formerly live, without the base, ornaments or trim, will be picked up on the day scheduled for regular collection of garbage, refuse and other solid waste. Artificial trees are a bulk item and will be picked up on the day scheduled for regular bulk item collection.
[Ord. No. 21-11]
Receptacles or containers which fail to meet the requirements set forth herein including as specified in subsection 16-5.3 of this Chapter or which otherwise become broken or damaged or otherwise fail to conform to the standards fixed herein, shall immediately be replaced by the owner, tenant, lessee or occupant. Defective or broken receptacles or containers may be placed out for bulk collection empty and without the lid in place. The lid may be placed inside the empty container and both container and lid shall be considered one item for bulk collection. Clean defective or broken metal (not plastic) receptacles or containers may be brought to the Recycling Center as scrap metal. Defective receptacles or containers are deemed a violation of this Chapter and shall result in the issuance of a summons.
[Ord. No. 21-11]
Each resident, owner, lessee or occupant of a residential property, commercial property or mixed use property within the Borough of Keyport, shall comply with the regulations and schedules for Mandatory Separation of Recyclable Materials for Collection and Recycling as contained in Section 16-6. Recyclable materials are defined in Sections 16-6 and 16-7 and shall include appliances, defined as "white goods" in subsection 16-6.2, such as refrigerators, freezers, washers and dryers, covered electronic devices as defined in the "Electronic Waste Management Act," N.J.S.A. 13:1E-99.94, et seq., and such other items as may be mandated for separation and recycling by Federal, State and local laws, regulations and ordinances.
[Ord. No. 21-11]
As defined in the within section:
a. 
It shall be unlawful for any owner, tenant, lessee, occupant or employee or agent thereof of any property within the Borough of Keyport to deposit trash, refuse, solid waste, construction debris or recyclable materials brought from a home or business into any litter basket or container maintained by the Borough of Keyport.
b. 
It shall be unlawful for any owner, tenant, lessee, occupant or employee or agent thereof of any property within the Borough of Keyport to throw, sweep, place, discard, or otherwise dispose of items of solid waste, garbage, refuse recycling materials, construction debris or plant trimmings onto any public street within the Borough of Keyport.
c. 
It shall be unlawful for any person to deposit, dump, abandon or otherwise place solid waste, garbage, refuse, recyclable materials, construction debris, plant trimmings or bulk items on any lot, parcel or property within the Borough of Keyport.
d. 
Any person who unlawfully dumps any solid waste in quantities in excess of 0.148 cubic yards of solids or 30 gallons of liquid, as prohibited by N.J.S.A. 13:1E-9.3 of the "Solid Waste Management Act, N.J.S.A. 13:1E-1, et seq., shall be subject to the penalties set forth in that Act and those set forth in the "Solid Waste Utility Control Act," N.J.S.A. 48:13A-1, et seq.
[Ord. No. 21-11]
Whenever the Health Inspector or his designee, Recycling Coordinator, Deputy Recycling Coordinator, Code Enforcement Officer, Construction Official, Building Inspector, Property Maintenance Officer, Zoning Officer, Assistant Property Maintenance Officer or Borough Police Officer determines that there has been a violation of any provision of this Chapter, he or she may issue a summons or he or she may give notice of the violation to the person or persons or entities responsible under this Chapter. In the case of a residential property, commercial property or mixed use property failing to comply with the amount of garbage placed for collection, a summons may issue without service of notice. Such notices shall be in writing and shall include a concise statement of the reasons for issuance.
Such notice shall be deemed properly and sufficiently served if, either:
a. 
A copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown on the current tax records of the Borough of Keyport;
b. 
A copy thereof is handed to said person or to their tenant, lessee, agent, servant, employee, family member or occupant at that location of the within violation;
c. 
Or a copy thereof is left at the usual place of abode or office of said person or entity or at the location where the violation has taken place.
Notice shall be given as aforesaid, within or without the Borough. The notice shall also state that, unless the violation is abated, removed, cured or prevented within two days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The Enforcing Officer may at the time he or she issues the notice, extend the period for compliance for the violation stated for a period not to exceed 10 additional days, if, in his or her judgment, the abatement, removal or cure of the condition violated cannot be reasonably effected within the two-day period. In the event the violation is not abated, removed, cured or prevented within the period of time specified herein, a summons shall issue against the person, persons, entity or entities so notified.
[Ord. No. 21-11]
Owners, lessees and occupants shall jointly and severally have all the duties and responsibilities prescribed in this Chapter and shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge or violations thereof by reason of the fact that another party may also be responsible therefor and in violation thereof. Responsibilities of owners, lessees or occupants shall not be altered or affected by any agreement or contract by and between any of them or between them and other parties.
[Ord. No. 21-11]
Any persons, firm, corporation who violates or neglects to comply with any provision of this Chapter or any rule or regulation promulgated thereto, shall be punishable upon conviction thereof, to pay a fine of not less than $100 or more as provided in Chapter 1, Section 1-5, General Penalty, of this Code.
[1]
Editor's Note: Prior ordinance history includes portions of Ord. Nos. 23-87, 3-88, 15-95, 25-95, 16-97, 11-09, and 12-11.
[Ord. No. 4-12]
With the passage of the New Jersey Statewide Mandatory Source Separation and Recycling Act, N.J.S.A. 13:1E-99.11 et seq. in 1987, the State Legislature mandated that every municipality require the recycling of marketable solid waste materials in accordance with county recycling plans. Thereafter, Monmouth County amended its Solid Waste Management Plan to contain certain mandatory provisions for municipal recycling programs and the ordinances governing such programs.
The Borough of Keyport is committed to the implementation of an effective municipal solid waste management program that includes source separation and recycling in a reasonable and cost effective manner that maximizes recycling and reduces the amount of solid waste disposal, in compliance with current State and County recycling requirements. To that end, the Borough has established a mandatory program for the separation of recyclable materials from collection and recycling.
Through its authority under N.J.S.A. 40A:60-7(d) to create advisory councils, the Borough of Keyport hereby confirms the establishment of the Recycling Committee, which, in furtherance of its recycling program, shall have the duties and engage in the activities as described herein.
[Ord. No. 4-12]
Consistent with the definition set forth in subsection 16-5.2, recyclable materials shall mean those materials identified for mandatory separation and recycling by any State, County or municipal statute, ordinance or regulation including, but not limited to aluminum, batteries, corrugated cardboard, glass, high grade paper, junk mail, leaves, newspapers, plastic containers, tin and bi-metal cans, tires and white goods, as those terms are defined below:
ALUMINUM
Includes all disposable items made of aluminum including aluminum containers used for soda, beer or other beverages, foil, wrappers, containers for prepared food, screen frames and lawn chairs.
BATTERIES
Automotive and button cell (e.g., watch, calculator, hearing aid) batteries.
CORRUGATED CARDBOARD
Cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and craft paper material.
GLASS
All products made from silica or sand, soda ash and limestone; the product being transparent or translucent and being used for packaging or bottling of various matters excluding, however, blue or flat glass commonly known as window glass.
HIGH GRADE PAPER
White and/or off-white stationery, photocopy and computer paper.
JUNK MAIL
Paper products, particularly with glossy print or color finishes such as magazines, catalogues, advertising mail, brochures, and envelopes with or without windows.
LEAVES
All foliage from trees and shrubs and shall be separated for collection in accordance with subsection 16-5.9.
NEWSPAPERS
Paper of the type commonly referred to as newsprint. Expressly excluded are all magazines, periodicals, books, and paperbacks, as well as all other paper products of any nature whatsoever.
PLASTIC CONTAINERS
All Polyethylene Terphthalate (PET) or High Density Polyethylene (HDPE) type containers including, but not limited to, those used for milk, water, laundry detergent and soda/beverages.
TIN AND BI-METAL CANS
All disposable items made of tin, steel, or a combination of metals including containers commonly used for the storage of food products.
TIRES
Rubber tires without metal rims as specifically listed in the Schedule of Charges for Recycling of Tires as subsection 16-7.1 herein.
WHITE GOODS
All large metal appliances such as refrigerators, freezers, washers and dryers. White goods are also referred to as "white metals" in Section 16-5.
All other terms defined in subsection 16-5.2 shall have the same meaning in this Section 16-6.
[Ord. No. 4-12]
a. 
All owners, lessees and occupants of residential property, except those exempted by reason of physical disability, and all owners, lessees and occupants of business and industrial property and of private, public and governmental institutions and buildings shall separate glass bottles and jars, aluminum, leaves, newspapers, white goods, batteries, asphalt shingles, corrugated cardboard and/or high grade paper, tires, bulk items, brush and tree parts, tin and bi-metal cans, plastic containers excluding those for motor and cooking oil, and all junk mail, from all other solid waste produced by the residents and nonresidential establishments for collection and ultimate recycling of same.
b. 
On an annual basis, any businesses, schools, institutions and multi-family housing complexes not served by recycling collection programs of the Borough of Keyport shall provide the Borough Recycling Coordinator, in writing, with the name and address of the company providing solid waste and recycling collection services and shall inform the Recycling Coordinator of any change in same within 30 days of such change. It shall be the responsibility of the entities providing solid waste and recycling collection service to provide, at a minimum, the weight receipts and/or letters on official company stationery clearly describing the quantity and disposition of such material to the Borough of Keyport. This information is to be provided on a quarterly basis within 30 days following the close of each quarter. Any entity that fails to make a submission required by this subsection shall be subject to the penalties prescribed as follows:
1. 
$1,000 for the first offense.
2. 
$1,500 for second and subsequent offenses.
A complaint alleging a violation of any such reporting requirement and seeking such fines may be filed in the Municipal Court.
c. 
Businesses or institutions hauling their own recyclables shall provide the Borough Recycling Coordinator with quarterly reports on the quantity and destination of recyclables. All businesses located and transacting business within the Borough of Keyport generating recyclable materials shall file a quarterly recycling report, which consists of a questionnaire to be provided by the Borough of Keyport to all affected businesses. Failure to submit a completed recycling report within 10 days of the deadline stated thereon shall subject the entity required to submit such a report to the penalties prescribed as follows:
1. 
$1,000 for the first offense;
2. 
$1,500 for second and subsequent offenses.
A complaint alleging a violation of any such reporting requirement and seeking such fines may be filed in the Municipal Court.
d. 
The appropriate officials of the Borough of Keyport shall issue construction and/or demolition permits only after the applicant has identified disposal and recycling arrangements. The applicant shall provide appropriate records documenting the quantity and disposition of all materials.
A deposit of $50 shall be required upon issuance of a construction and/or demolition permit and held until such time as documentation of the quantity and disposition of all materials is produced to the satisfaction of the municipality.
The Construction Code Official shall have the discretion to grant exemptions to small quantity generators engaged in minor home improvements.
e. 
In accordance with existing State regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicles reinspection stations, with used oil holding tanks shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles and shall post a sign informing the public that they are a "Used Oil Collection Site."
f. 
On or after January 1, 2010, pursuant to the "Electronic Waste Management Act," N.J.S.A. 13:1E-99.94 et seq., computers, monitors, televisions, telephones or related electronic hardware, defined in that Act as a "covered electronic device" may not be disposed as solid waste. They must be recycled.
g. 
No liquids of any type, including, but not limited to, chemicals, paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products may be placed with recyclables or solid waste for disposal ("hazardous waste exclusion").
h. 
Any fair, convention or other special event, whether held indoors or outdoors and sponsored by public or private agencies, is required to provide appropriate labeled containers for all solid waste and/or recyclables reasonably expected to be generated and discarded by vendors, participants or other visitors to that event, and arrange for its proper disposition.
i. 
Any business or institution is required to inform its employees and/or cleaning service which is responsible for the collection and disposition of solid waste and recyclables generated at the business or institution of the proper method of disposal of solid waste and recyclable materials.
j. 
The private company or public agency providing dumpsters, rolloff containers or any other waste containers to business, institutions, demolition job sites for pickup by the collector-hauler shall be responsible for clearly marking such containers as "trash" or for specific "recyclables," as may appropriate.
k. 
Any business manufacturing or selling products made of or packaged in any item mandated for recycling must provide labeled and accessible containers for recycling to employees and customers and arrange for its proper disposition.
l. 
All apartment, other multifamily complexes, schools, businesses and institutions are required to provide labeled and accessible recycling containers for all residents, employees, students, customers and other visitors in all buildings and facilities, and arrange for its proper disposition.
m. 
Designated recyclables shall be placed in fixed-contour containers equipped with secure tight-fitting covers and shall be of an approved type with handles and tapered sides. The owner or manager of a property containing more than one unit shall be responsible for clearly marking each container as a depository for Recyclables and by numbers or letters at least 1/2 inch wide by six inches high to identify the unit whose recyclables it contains. The total capacity of each such container shall not exceed 50 gallons. The loaded weight of each container and its contents shall not exceed 50 pounds. Recyclables in plastic bags or noncompliant containers shall not be collected. This section shall not apply to properties utilizing a dumpster(s) or other receptacle(s) located in central collection sites.
[Ord. No. 4-12]
All residents, owners, lessees or occupants of property in the Borough of Keyport shall comply with the regulations and schedules established by the Mayor and Council for the collection of the recyclable materials set forth in Section 16-6 in accordance with the following guidelines:
a. 
All recyclable materials and white goods, for which a permit may or may not be required, as defined in Sections 16-6 and 16-7, shall be delivered to the curbline not sooner than 4:00 p.m. of the day prior to the scheduled collection date.
b. 
Pursuant to the "Electronic Waste Management Act," N.J.S.A. 13:1E-99.94 et seq., no person shall knowingly dispose of a covered electronic device, as defined by that Act, or any of the components or subassemblies thereof, as solid waste and all covered electronic devices must be recycled in a manner that is in compliance with all applicable Federal, State and local laws, regulations and ordinances.
c. 
In the case of white goods, such as refrigerators and freezers, all doors must be detached and separated from the appliance prior to the delivery of the material to the curbline. Both the refrigerator or freezer and the detached door shall be considered one item for bulk collection.
d. 
It shall be the responsibility of the owner, lessee, occupant or resident seeking to dispose of certain household appliances, often referred to as white goods or white metals, such as refrigerators, freezers and air conditioners, which contain Freon, to obtain a permit as required pursuant to subsection 16-7.2 of this Chapter. Permits may be obtained from the office of the Borough Clerk during normal business hours.
e. 
No owner, lessee, occupant or resident shall place recycling or white goods for disposal prior to 4:00 p.m. of the day prior to the scheduled pickup date.
f. 
Any owner, lessee, occupant or resident who improperly places recycling or white goods on the curbline of the streets of the Borough of Keyport prior to 4:00 p.m. of the day prior to the scheduled pickup shall be subject to a violation and penalty in accordance with the provisions of this Chapter. Any owner, lessee, occupant or resident who improperly places recycling or white goods on a date not scheduled for their pickup, shall within 24 hours remove the recycling or white goods item from the curbline to the proper storage area on their property until the regularly scheduled pickup. Failure to do so will result in a violation of the within section and penalties in accordance with the provisions of this Chapter.
[Ord. No. 4-12]
a. 
The positions of Recycling Coordinator and Deputy Recycling Coordinator are hereby created and established within the Borough.
b. 
The Recycling Coordinator and Deputy Recycling Coordinator shall be appointed by the Mayor and Council for a term of one year expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator and Deputy Recycling Coordinator shall expire December 31 of the year of that person's appointment.
c. 
The Recycling Coordinator, subject to the approval of the Mayor and Council, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of the recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough. The Recycling Coordinator's duties shall further include, without limitation, the preparation of such annual or other reports as required by State or County agencies regarding local solid waste and recycling programs, reviewing performance of local schools and municipal agencies in conducting recycling activities, periodic review and submitting recommendations on local subdivision and site plan submittals and local construction and demolition projects for appropriate solid waste and recycling provisions, reports to the Borough Council on the implementation and enforcement of the provisions of this section, and such other reports or responsibilities as may be requested by the Borough Council.
d. 
The Deputy Recycling Coordinator shall assist the Recycling Coordinator in the performance of the duties prescribed for that position and shall act as Recycling Coordinator in the absence of same.
[Ord. No. 4-12; amended 12-18-2018 by Ord. No. 32-18]
a. 
Membership; terms.
1. 
There shall be a Recycling Committee, an advisory committee, which shall meet on a quarterly basis or as needed by circumstance, established pursuant to N.J.S.A. 40A:60-7d, comprised of up to seven members as follows:
Title
Term
Recycling Coordinator
1 year
Deputy Recycling Coordinator
1 year
Council liaison
1 year
Department of Public Works liaison
1 year
Three resident citizen members
3 years
2. 
The Department of Public Works liaison may also serve as Recycling Coordinator or Deputy Recycling Coordinator, in which case the Recycling Committee will consist of six members. Otherwise, it will consist of seven members.
b. 
The term of each member shall commence on January 1 and expire on December 31 of the final year of the term.
c. 
All persons appointed to terms that begin after 2012 shall have three-year terms. Appointments for vacancies of unexpired terms shall be for the remainder of that term.
d. 
The powers and duties of the Recycling Committee shall be as follows:
1. 
Make recommendations to the Mayor and Council concerning the management and promotion of materials recycling in or by the Borough of Keyport, and other issues bearing upon the concerns of this committee.
2. 
Undertake such projects and activities pertaining to recycling and related environmental and public safety concerns that the Mayor and Council may allow, authorize or direct. Such projects and activities may include the preparation of public notices issued by the Mayor and Council, pursuant to N.J.S.A. 13:1E-99.16f, to notify, at least every six months, all persons occupying residential, commercial, and institutional premises within its municipal boundaries of local recycling opportunities and the source separation requirements of the Borough's recycling program; and
3. 
Provide an annual report of its activities and projects to the Mayor and Council at the end of each calendar year.
[Ord. No. 4-12]
The Mayor and Council may use municipal personnel to collect recyclable material at curbside and/or from a drop-off center and shall sell the recyclable material if a market exists therefor pursuant to N.J.S.A. 40A:11-1 et seq.
The Mayor and Council may elect to enter into agreements with qualified persons or corporations authorizing them to collect the recyclable materials at curbside or from a drop-off center and to sell the recyclable material provided the amount of money realized exceeds the cost of collection. Only owners, lessees or occupants of residential or nonresidential property located within the Borough may deposit material at the drop-off center or deposit recyclable material at curbsides within the Borough.
[Ord. No. 4-12]
Recyclable material as defined herein shall be the property of the Borough once placed on the curbside or brought to a drop-off center.
Residents, businesses and institutions within the Borough of Keyport may use only those recycling haulers and/or facilities registered with the County of Monmouth. It shall be a violation of this section for any person unauthorized by the Mayor and Council to pick up or cause to be picked up, recyclable material as defined herein. Failure to comply with this provision will result in an initial warning; any non-compliance after the initial warning shall result in penalties as authorized and provided for in subsection 16-6.12 of this section.
[Ord. No. 4-12]
Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property, may donate or sell the recyclable material as defined herein, to any person, partnership or corporation whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials at curbside or at a drop-off center.
[Ord. No. 4-12]
The Recycling Coordinator, the Deputy Recycling Coordinator, the Property Maintenance Official, the Building Department, the Recycling Enforcement or Solid Waste Enforcement Officer, the Health Inspector and the Police Department of the Borough, and the Monmouth County Health Department are hereby individually and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, including through the issuance of summonses and complaints. Inspections may include sorting through curbside containers and opening bagged solid wastes to detect the presence of any recyclable materials.
Whenever such an official determines that there has been a violation of any provision of this Chapter, he or she may issue a summons or he or she may give notice of the violation to the person or persons or entities responsible under this Chapter. Such notices shall be in writing and shall include a concise statement of the reasons for issuance.
Such notice shall be deemed properly and sufficiently served if, either:
a. 
A copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown on the current tax records of the Borough of Keyport;
b. 
A copy thereof is handed to said person or to their tenant, lessee, agent, servant, employee, family member or occupant at that location of the within violation; or
c. 
A copy thereof is left at the usual place of abode or office of said person or entity or at the location where the violation has taken place.
Notice shall be given as aforesaid, within or without the Borough. The notice shall also state that, unless the violation is abated, removed, cured or prevented within two days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The official may at the time he or she issues the notice, extend the period for compliance for the violation stated for a period not to exceed 10 additional days, if, in his or her judgment, the abatement, removal or cure of the condition violated cannot be reasonably effected within the two-day period. In the event the violation is not abated, removed, cured or prevented within the period of time specified herein, a summons shall issue against the person, persons, entity or entities so notified.
[Ord. No. 4-12]
Owners, lessees and occupants shall jointly and severally have all the duties and responsibilities prescribed in this Chapter and shall not be relieved from any such duties and responsibilities nor be entitled to defend against any charge or violations thereof by reason of the fact that another party may also be responsible therefor and in violation thereof. Responsibilities of owners, lessees or occupants shall not be altered or affected by any agreement or contract by and between any of them or between them and other parties.
[Ord. No. 4-12]
Except as otherwise provided in this Section 16-6, any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto, shall be punishable upon conviction thereof, to pay a fine of not less than $100 or more, as provided in Section 1-5 of Chapter 1of this Code.
Each day such violation or neglect is committed or permitted to continue, shall constitute a separate offense and be punishable as such.
A complaint alleging a violation of any provision or requirement of this Section 16-6 and seeking such fines may be filed in the Municipal Court.
[1]
Editor's Note: Former Subsection 16-7.3, Fees for White Goods and Bulk Items, containing portions of Ordinance No. 16-97, was repealed in its entirety by Ordinance No. 1-02 as enacted by Resolution No. 77-2.
[Ord. No. 31-91]
The Department of Public Works of the Borough of Keyport shall accept tires from the public for recycling upon payment to the Borough of Keyport as follows:
a. 
CATEGORY A: Standard automobile tires, any size: $2 each.
b. 
CATEGORY B: Standard truck and bus tires, any size: $5 each.
c. 
CATEGORY C: Off road tires, i.e. tractors, bulldozers, any heavy duty machinery: $10 each
[Ord. No. 34-92; Ord. No. 14-02]
Refrigerators and air conditioners contain chlorofluorocarbons (CFCs) which destroy the ozone layer, and their discharge must be controlled. All refrigerators and air conditioners to be discarded must bear a seal stipulating that the required fee has been paid to the Borough of Keyport and the CFC has been properly removed. The form of this seal shall be as promulgated by the Borough Clerk of the Borough of Keyport, and must be affixed to the appliance to be discarded in such a fashion that it may not be removed without destroying same. The fee to be paid to the Borough of Keyport for each appliance to have the CFC removed and to be subsequently destroyed shall be $20 per appliance. The removal of the CFC must be done by the entity authorized to do so by the Borough of Keyport, and will be paid for by said Borough. No refrigerator or air conditioner shall be destroyed without first having the CFC removed therefrom in a proper fashion, by an authorized entity.
[Ord. No. 20-05]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Keyport, so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
[Ord. No. 20-05]
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 section clearly demonstrates a different meaning. When not inconsistent with the context, 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.
CONTAINERIZED
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.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
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, which improved or unimproved and many comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
[Ord. No. 20-05; Ord. No. 4-07]
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.
a. 
Disposal of leaves. Leaves must be in biodegradable bags and must not be mixed with branches, trash, etc. for collection by the Borough. The Borough provides 25 bags per property to residents each year. Pick up your allotment at the Recycling Center. Identification is required. Bagged leaves are collected curbside or can be brought to the Recycling Center during the first and last dates shown on the leaf branch schedule. Leaves are not to be placed into curbs.
[Ord. No. 20-05]
The provisions of this section shall be enforced by the Police Department and Board of Health of the Borough of Keyport.
[Ord. No. 20-05]
Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this ordinance shall be subject to any penalty set forth in Section 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.