[Ord. No. 2-1988, S1; Ord. No. 1-95, S1]
There is hereby established a mandatory program for the separation
of used newspapers, aluminum cans, household garbage, tires, white
goods, residential scrap, plastic containers, leaves, grass, trees,
and batteries.
[Ord. No. 2-1988, S2; Ord. No. 10-94; Ord. No.
1-95, S1]
Editor's Note: See also section
25-17, Yard Waste.
As used in this chapter, the following definitions shall apply:
GLASS
Shall mean 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 matter and all other material
commonly known as glass, excluding, however, blue and flat glass commonly
known as window glass.
USED NEWSPAPER
Shall be deemed to include paper of the type commonly referred
to as newsprint and distributed at stated intervals, usually daily
or weekly or otherwise, having printed therein news and opinions,
advertisements and matters of public interest.
USED ALUMINUM CANS
Shall be deemed to include all disposable containers fabricated
primarily of aluminum and commonly used for soda, beer or other beverages
and usually having a capacity of seven to 16 ounces or more.
SOLID WASTE
Shall be deemed to describe all garbage and rubbish normally
collected by the department of public works or authorized persons
by the Borough of Cliffside Park.
WHITE METALS
Shall be deemed to include all metal appliances, stoves,
refrigerators, air conditioners and similar types of bulk objects.
OTHER MATERIALS
Shall be deemed to mean such other articles, materials, trash,
rubble, dirt, rocks, lumber, iron and steel, wiring, fences and all
other things not specifically described in the "definitions" of this
chapter.
LEAVES - GRASS CLIPPINGS - TREE BRANCHES
a.
Leaves shall be deemed to mean all leafy products of trees or
bushes which fall to the ground as a result of seasonal or weather
changes, conditions, or by being cut or trimmed.
b.
Grass clippings shall be deemed to mean the result of lawns
being mowed causing an accumulation of clippings.
c.
Branches shall mean those parts of trees or bushes which fall
to the ground or are removed from trees or bushes by intentional acts.
MAGAZINES
Shall mean all periodicals containing printed matter or pictures
on glossy stock or paper of heavier quality than newsprint or newspapers.
It is important to note that magazines are not to be considered as
"used newspapers."
TIN CANS
Shall be deemed to include all disposable containers fabricated
primarily of tin, commonly used for packaging of food, beverages and
a variety of other household and consumer products in tin or ferrous
scrap.
MIXED PAPER
Shall mean magazines, catalogs, color inserts, envelopes,
junk mail, sweepstakes forms, school papers, office paper, nonmetallic
wrapping paper, real estate books and NCR paper.
BATTERIES
Shall be deemed to include any type of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container consisting
of a combination of two or more voltaic or galvanic cells, electrically
connected to produce electric energy, composed of lead, lithium, manganese,
mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other
metals or any combination thereof, including the following: Non-rechargeable
alkaline; common cell alkaline, zinc and lithium types in AAA, AA,
C, D, 9 volts, and lantern sizes; rechargeable alkaline: nickel cadmium
and sealed lead acid, also available in common cell sizes AAA, AA,
C, D and 9 volts; and button cells: Silver oxide, lithium, zinc air
and alkaline-manganese.
[Ord. No. 2-1988, S3; Ord. No. 10-94]
From the time of placement at the curb, by any resident, of
used tin, ferrous cans in the appropriate container, used newspapers,
glass, aluminum cans, or "white materials" for collection by the Borough
of Cliffside Park, in accordance with the terms hereof, such used
newspapers, glass, aluminum cans or white materials shall be and become
the property of the Borough of Cliffside Park or its authorized agents.
It shall be a violation of this chapter for any person unauthorized
by the Borough of Cliffside Park to collect or pick up or cause to
be collected or picked up any such recyclables.
Each such collection or violation hereof for one or more residences
shall constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. No. 2-1988, S4]
Anything herein to the contrary, notwithstanding, any person
who is an owner, lessee, or occupant, may donate or sell recyclables
to any person, partnership or corporation whether operating for profit
or not for profit. Said person, partnership, or corporation may not,
however, under any circumstances pick up said recyclables from curbside
in the Borough of Cliffside Park, whether or not said recyclables
are placed on the curbside on or immediately preceding a regular curbside
collection.
[Ord. No. 2-1988, S5; Ord. No. 14-88; Ord. No.
8-90; Ord. No. 10-94]
The occupant or owner of any building within the Borough of
Cliffside Park shall place for disposal, removal or collection, the
following items in strict conformity for the following regulations:
a. Newspapers shall be bundled separately and secured in bundles with
twine, string or cord or placed in paper bags not to exceed 50 pounds
and shall not be contained in plastic bags.
b. Glass shall be washed before disposal and thereafter contained in
a reusable metal or plastic container, owner, occupant or borough
supplied, not to exceed six gallon capacity.
c. Used aluminum cans shall be contained in a reusable metal container
or plastic container, owner, occupant or borough supplied, not to
exceed six gallon capacity.
d. Normal household garbage consisting of discarded foodstuffs and the
like shall be contained in the usual garbage can of metal or plastic
container, owner, occupant or borough supplied, not to exceed forty-six
gallons in capacity.
e. During the period from September 1 through December 31 only, leaves
shall be placed in piles along the curbline up the street. Loose piles
shall not exceed five feet in width from the curbline.
f. During the period from January 1 to August 30, leaves shall be placed
in bags containing only leaves and not intermingled with any solid
waste. These bagged leaves will be picked up on such days as may be
designated by the department of public works.
g. Grass clippings should be mixed with a few leaves, hedge clippings
or other vegetative waste that may be picked up from the lawn while
raking and which should be placed in clean empty receptacles (no plastic
bags or paper bags), and shall be picked up from the first week in
April to the first week in October.
h. Tin (ferrous) cans shall be washed before disposal and thereafter
contained in a reusable metal or plastic container, owner, occupant
or borough supplied, not to exceed six gallon capacity.
[Ord. No. 2-1988, S6; Ord. No. 10-94; Ord. No.
1-95, S1]
Authorized use: clean glass containers used aluminum cans, and
clean and uncontaminated newspapers shall be kept separate from and
not mixed with regular refuse which is to be collected by the department
of public works or other authorized agencies. Newspapers shall be
considered clean and uncontaminated if they have not been exposed
to substances or conditions rendering them unusable for recycling.
Persons may wrap solid waste in used newspapers and discard same with
regular solid waste if such wrapping does not render the newspapers
unusable for recycling. Tin cans may be commingled with clean glass
containers and used aluminum cans. Batteries shall be separated and
disposed of in the receptacle provided at the municipal recycling
center.
a. The mayor and council of the Borough of Cliffside Park are hereby
authorized and directed to negotiate and to enter into contracts for
the collection, composting and/or marketing of leaves, newspapers,
glass food and beverage containers and/or metal beverage cans, or
such other designated recyclable materials as may be determined; or
to place same out to bid, if required, by the Local Public Contracts
Law (N.J.S.A. 40A:11-1, et seq.).
b. Dwellings of 25 or more apartments must provide facilities for separation
of materials as required by this chapter, and shall notify all tenants,
condominium and co-ops of a plan of disposal.
c. Physically disabled should apply to the coordinator for special arrangements.
d. Management of 25 unit or more dwellings shall provide a recycling
coordinator with any records for disposal required by the coordinator.
[Ord. No. 2-1988, S7]
The borough's commercial and institutional entities shall separate
used newspapers, corrugated cardboard and aluminum cans and arrange
with the borough for their collection through such persons or haulers
authorized by the Cliffside Park recycling coordinator.
a. Gasoline station operators, repair garages, automobile dealers and
tire distributors are required to provide their own means of disposition
of tires as these will not be picked up by the department of public
works or its authorized agents.
[Ord. No. 2-1988, S8]
Plastic bags may not be used for disposal of leaves or grass
trimmings from September 1 to December 31. Property owners are required
to blow or sweep leaves to curbside where they will be picked up by
the department of public works. Professional landscapers are required
to remove leaves and grass clippings from any property where they
are employed to maintain lawns or gardens. (Residents may place used
tires at the curb on regular trash pickup days which will continue,
subject to any regulations contained in this chapter. Plastic soda
bottles may be placed with the regular garbage.)
The Borough of Cliffside Park may utilize its own personnel
to collect said leaves, newspapers, glass food and beverage containers
and/or metal beverage cans, or such other designated recyclable materials,
or contract out the cost of said collection as may be determined to
be in the best interests of the municipality.
[Ord. No. 2-1988, S8]
On and after the adoption of this chapter, the recycling coordinator
of the Borough of Cliffside Park shall establish the day/days of collection
and the collection or pick up site(s) designated for the collection
of leaves, for the purpose of composting, newspaper, glass food and
beverage containers and metal beverage cans, or any other designated
recyclable materials for the purpose of recycling and composting.
Notification of the designated collection or pick up day/days
and the designated collection or pick up site(s) for leaves, for the
purpose of composting, newspaper, glass, food and beverage containers
and metal beverage cans, or any other designated recyclable materials,
shall be published in the official town newspaper for a continuous
period of not less than seven days, at least 15 days prior to the
first scheduled collection/pick-up date. Notification may also be
made by the mailing of a "flyer" or "newsletter" indicating the designated
dates and collection or pick-up site(s), to each dwelling unit, public
or private institution and commercial and industrial establishment
within the Borough of Cliffside Park.
[Ord. No. 2-1988, S8]
Any owner, lessee or occupant of any dwelling unit, public or
private institution and commercial or industrial establishment, actively
participating in a recycling program within the Borough of Cliffside
Park, or its authorized agent, shall submit monthly verifications
of the tonnage of materials recycled.
The monthly verification shall be submitted to the recycling
coordinator no later than 20 days following the end of the month after
inception of this program. Failure to do so may cause the program
to be terminated at the option of the town recycling coordination.
[Ord. No. 2-1988, S8]
The police department, the department of code enforcement, the
recycling coordinator, mayor, council and/or the director of the department
of public works are hereby authorized and directed to enforce this
chapter and amendments thereto.
[Ord. No. 2-1988, S9]
The mayor and council may, by resolution, establish additional
rules and regulations covering the collection and disposal of ashes,
trash, refuse, garden refuse and garbage. Said rules and regulations
upon promulgation shall be posted on the bulletin board maintained
by the Borough of Cliffside Park and published in a newspaper acceptable
for general legal advertisement by the Borough of Cliffside Park.
[Ord. No. 2-1988, S10A; Ord. No. 10-94]
a. The department of public works may refuse to service any occupant
who fails to comply with the provisions of this article. In addition,
any occupant who, after receiving a written notice of noncompliance,
shall be subject for any violation, for which a citation may thereafter
issue, to the following:
1. For a first or second violation, a fine not exceeding twenty-five
($25.00) dollars.
2. For a third or fourth violation, a fine not exceeding fifty ($50.00)
dollars.
3. For a fifth or subsequent violation, a fine not exceeding one-hundred
($100.00) dollars.
4. There shall be a fine imposed for the improper use of a recycling
container by using it for the disposal of garbage or any other purpose
not intended by this chapter. The fines recited on this schedule shall
also apply to the improper use of a recycling container. (It shall
be noted that the recycling containers are actually the property of
the Borough of Cliffside Park and are furnished to the citizens to
facilitate the proper disposal of items described in the recycling
ordinance.)
b. The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.
c. No occupant shall be served a citation for any violation of this
article until at least 30 days after the implementation of the required
source separation and recycling programs.
[Ord. No. 10-90; Ord. No. 10-94; Ord. No.
1-95, SI; Ord. No. 2009-01, SS1-3]
a. Effective January 1, 1991, it shall be mandatory for all owners,
lessees and occupants of business and/or commercial properties to
separate corrugated cardboard, glass bottles, high-grade paper, batteries
and ferrous metal produced by such business or commercial properties
for private collection/deposit and the ultimate recycling of said
material.
b. Designation of recyclable materials:
1. Mandatory. The following are identified as mandatory recyclable materials:
Residential Sector
|
Commercial Sector
|
---|
Newspaper
|
Corrugated cardboard
|
Glass beverage containers
|
High-grade office paper
|
Aluminum cans
|
Glass beverage containers
|
Ferrous scrap
|
Ferrous scrap
|
Leaves
|
White goods
|
White goods
|
Aluminum cans
|
Tin cans
|
Mixed paper
|
Grass
|
Construction and demolition debris (concrete, brick, tree parts,
nonferrous/ ferrous metal, asphalt, corrugated cardboard, where practical)
|
Construction and demolition debris (concrete, brick, tree parts,
nonferrous/ ferrous metal, asphalt, corrugated cardboard, where practical)
|
|
Corrugated cardboard
|
|
Mixed
|
|
Type 1 and Type 2 plastic containers
|
|
c. Separation, collection and disposal methods of designated recyclable
materials.
1. Aluminum (mandatory) must be separated and disposed of by a private
scavenger.
2. Automotive waste oil (mandatory) shall be separated and disposed
of by a private scavenger.
3. Corrugated cardboard (mandatory) shall be separated and disposed
of by a private scavenger.
4. Ferrous metal (white metal) (mandatory) shall be separated and disposed
of by a private scavenger.
5. Glass (mandatory) shall be disposed of either by a private scavenger
or disposed of in receptacles provided at the municipal recycling
center.
6. High-grade office paper (mandatory) shall be separated and disposed
of by a private scavenger.
7. Leaves (mandatory) shall be separated and disposed of by a private
scavenger.
8. Newspapers (mandatory) may be separated and disposed of by either
a private scavenger or disposed of in receptacles provided at the
municipal recycling center.
9. Batteries (mandatory) shall be disposed of by either a private scavenger
or disposed of in receptacles provided in the municipal recycling
center.
10. Construction and demolition debris (concrete, brick, tree parts,
nonferrous/ferrous metals, asphalt, corrugated cardboard) shall be
placed separately in Type I and II plastic containers.
d. Registration requirements. It shall be the responsibility of all
owners, lessees and occupants of business and/or commercial properties
to register annually with the municipal recycling coordinator on forms
provided by the borough. The annual registration must be filed with
the recycling coordinator on or before January 10 of each year. At
the inception of this subsection, for year 1991, such registration
shall be filed no later than April 15, 1991. The fee for each annual
registration shall be twenty-five ($25.00) dollars and shall accompany
the registration form. New businesses and/or commercial properties
must file within forty-five days of the issuance of a certificate
of occupancy.
e. Reporting requirements. It shall be the responsibility of owners,
lessees and occupants of business and/or commercial properties to
report semi-annually to the recycling coordinator on or before March
1 for the preceding six-month period of July 1 through December 31
and on or before September 1 for the preceding six-month period of
January 1 through June 30; the quantities of materials recycled on
forms prescribed and provided by the recycling coordinator.
f. Exemptions. Exemption from mandatory municipal recycling program
may be requested by any owner, lessee or occupant of business and/or
commercial properties of the recycling coordinator. A request for
exemption must be made in writing on the prescribed form and submitted
to the recycling coordinator.
g. Private scavenger contracts. If the commercial user is either unable
or unwilling to secure a market and collector for designated mandatory
recyclable materials, the Borough of Cliffside Park, through its recycling
coordinator, may secure such markets and enter into contracts on behalf
of the commercial user for the collection and disposal of designated
recyclable materials; provided, however, that the commercial user
shall be responsible for any and all expenses associated with said
con; tract.
[Ord. No. 10-90]
a. Effective April 1, 1990, it shall be mandatory for all private, public
and governmental institutions and buildings to separate high-grade
office paper produced by such institutions for private garbage collection
and the ultimate recycling of materials. High-grade office paper (mandatory)
shall be separated and disposed of by a private scavenger.
b. Private scavenger contracts. If the institutional user is either
unable or unwilling to secure a market and collector for designated
mandatory recyclable materials, the Borough of Cliffside Park, through
its recycling coordinator, may secure such markets and enter into
contracts on behalf of the institutional user for the collection and
disposal of designated recyclable materials; provided, however, that
the institutional user shall be responsible for any and all expenses
associated with the contract.
[Ord. No. 10-94, SI]
This section of the chapter shall be applicable to the demolition
of any structure and shall include, but not be limited to, construction
debris, demolition debris, roofing debris, trees, including stumps,
branches and shrubbery and grass clippings.
[Ord. No. 10-94, SII]
Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the construction official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of three thousand ($3,000.00) dollars for one and two family homes and accessory buildings, and ten thousand ($10,000.00) dollars for all other buildings. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with subsection
25-16.3 of this section, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional 30 days.
[Ord. No. 10-94, SIII]
Within five days after completion of demolition of any building
or structure, the applicant shall cause to be filed with the recycling
coordinator of the borough, a municipal recycling tonnage application
commercial business form and accompanying documentation. Such form
shall be available, and be filed with the recycling coordinator of
the borough. In the event any person, including an owner, contractor
or builder, during the course of a demolition activity shall discover
the existence of recyclable items, same shall be reported and duly
documented in accordance with this section and the recycling coordinator
shall be notified.
[Ord. No. 10-94, SIV]
In the event within 30 days after demolition of the building or structure, the recycling coordinator has not received the required documentation pursuant to subsection
25-16.2 of this section, and the construction official has been notified in writing of the commencement of litigation and the court in which such litigation has commenced, and that the said litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the construction official shall forthwith transmit such security bond to the clerk of the court involved for disposition of the matter.
[Ord. No. 10-2005, SSI-V]
a. Purpose. The purpose of this section is to establish requirements
for the proper handling of yard waste in the Borough of Cliffside
Park so as to protect public health, safety and welfare and to prescribe
penalties for the failure to comply is hereby enacted.
b. Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
CONTAINERIZED
Shall mean 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
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing State, county or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
c. Prohibited conduct.
1. 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 subsection.
2. This subsection is subject to the subsection
25-17.2 entitled Yard Waste Collection Program. If any provisions of this subsection and subsection
25-17.2, Yard Waste Collection are in conflict, it is conclusively presumed that subsection
25-17.2 shall control.
d. Enforcement. The provisions of this subsection shall be enforced
by the Cliffside Park Police Department, Building Department and/or
Health Department.
e. Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to (i) a fine
not to exceed one thousand ($1,000.00) dollars; or (ii) imprisonment
for a period not to exceed 90 days; or (iii) both. The borough reserves
the rights to issue daily summonses if the provisions of this subsection
are violated.
[Ord. No. 11-2005, SSI-VI]
Editor's Note: This subsection is to be read in conjunction with subsection
25-17.1, Containerized Yard Waste. If any provision of this subsection and subsection
25-17.1 are in any conflict, it shall be conclusively presumed that this subsection shall control.
a. Purpose. The purpose of this subsection is to establish a yard waste
collection and disposal program in the Borough of Cliffside Park so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply is hereby enacted.
b. Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
CONTAINERIZED
Shall mean 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
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing State, county or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
c. Yard waste collection. Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven days prior to a scheduled and announced
collection and shall not be placed closer than ten feet from any storm
drain inlet. Placement of such yard waste at the curb or along the
street at any other time or in any other manner is a violation of
this subsection with the violation summons to be issued to the landscaper
if it is determined that the violator was not the homeowner. If such
placement of yard waste occurs, the party responsible for placement
of the yard waste/landscape must remove the yard waste from the street
or said party shall be deemed in violation of this subsection.
d. Yard waste collectors/landscapers. All landscapers who perform any
landscaping duties in the borough are required — no later than
March 1 of each calendar year — to register with the Cliffside
Park Building Department. The cost of registration above will be one
hundred ($100.00) dollars annually. Additionally, the landscapers
shall be required to submit a copy of their insurance certificate
plus an acknowledgment that they have received a copy of this subsection.
e. Enforcement. The provisions of this subsection shall be enforced
by Cliffside Park Police Department and/or Department of Public Works.
f. Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to (i) a fine
not to exceed one thousand ($1,000.00) dollars; or (ii) imprisonment
for a period not to exceed 90 days: or (iii) both.