[1969 Code § 41A-1]
[Amended 12-21-2023 by Ord. No. 23-41]
As used in this section:
Shall mean any building or house or apartment or portion
thereof which is occupied or intended for occupancy in whole or in
part as the home, residence or sleeping or living quarters of any
person.
Measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by the Commissioner
of Community Affairs in compliance with standards promulgated by the
appropriate federal agencies.
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
Shall mean any paint or pigmented liquid substance applied
to surfaces by brush, roller, spray or otherwise in which the total
nonvolatile ingredients contain more than 1% of lead, by weight, calculated
as metallic lead.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
[1969 Code § 41A-2]
The presence of lead paint on the interior surfaces of any dwelling
or on any toy or furniture or chattel or object in any dwelling in
the Borough of Elmwood Park is hereby declared to be a source of danger
to the occupants thereof.
[1969 Code § 41A-3]
No person shall:
[1969 Code § 41A-4]
No person shall keep or place or use any toy or furniture or
chattel or object painted with lead paint in any dwelling.
[1969 Code § 41A-5; amended 12-21-2023 by Ord. No. 23-41]
a.
Penalties for violation of Chapter 17.1 shall be as follows:
1.
If a
property owner has failed to conduct the required inspection or initiate
any remediation as required by N.J.S.A. 52:27D-437.1 et seq. the owner
shall have 30 days to cure the violation.
2.
If a
property owner fails to cure the violation after 30 days, the property
owner shall be subject to a penalty not to exceed $1,000.00 per week
until the required inspection has been conducted or remediation efforts
have been initiated.
b.
Within the twenty-day period mentioned in a notice sent to an owner
of a dwelling, as provided by this subsection, the owner of the dwelling
shall remove or have removed the lead paint from the interior surfaces
of the dwelling under safety conditions approved by the Construction
Official and refinish the surfaces with a finish not prohibited by
this section or other ordinance or statute. Repainting a surface which
is painted with lead paint with a nonleaded paint without a complete
removal of the existing lead paint shall not be deemed to be compliance.
[1969 Code § 41A-6]
Whenever the Construction Official serves a notice on an owner of a dwelling, as provided for in subsection 17-1.5, he/she shall leave a duplicate copy thereof with the tenant or occupant of said dwelling.
[1969 Code § 41A-7; amended 12-21-2023 by Ord. No. 23-41]
a.
If lead-based
paint hazards are identified, then the owner, landlord, and/or agent
of the dwelling shall remediate the lead-based paint hazard using
lead abatement or lead-based control methods in accordance with N.J.S.A.
52:27D-437.16(d). Upon the remediation of the lead-based paint hazard,
the Borough's lead evaluation contractor shall conduct an additional
inspection of the unit to certify that the hazard no longer exists.
b.
If no
lead-based paint hazards are identified, then the Borough's lead evaluator
shall certify the dwelling as lead-safe on a form prescribed by the
Department of Community Affairs, which shall be valid for two (2)
years.
[1969 Code § 41A-8; amended 12-21-2023 by Ord. No. 23-41]
a.
All lead evaluation shall be conducted by the Borough Building Department
which shall inspect every single-family, two-family, or multiple rental
dwelling located in the Borough of Elmwood Park for lead-based paint
hazards through visual assessment and dust wipe sampling in accordance
with N.J.S.A. 52:27D-437.1 et seq.
b.
Inspections shall be conducted in accordance with N.J.S.A. 52:27D-437.16(c),
a dwelling unit in a single-family, two-family, or multiple rental
dwelling shall not be subject to inspection and evaluation for the
presence of lead-based paint hazards if the unit:
1.
Has been certified to be free of lead-based paint;
2.
Was constructed during or after 1978;
3.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
P.L.1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
4.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
5.
Has a valid lead-safe certification.
c.
The owner, landlord, and/or agent of every single-family, two-family,
or multiple rental dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards every
three years, or at tenant turnover, whichever is earlier.
[1969 Code § 41A-9]
No person shall sell, advertise for sale or offer for sale in
the Borough any toy, furniture or chattel which is painted with lead
paint and intended for use in a dwelling.
[1969 Code § 41A-10; 11-19-1996 by Ord. No. 1996-5]
[Added 12-21-2023 by Ord. No. 23-41]
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
a.
Provide
evidence of valid lead-safe certification and the most recent tenant
turnover at the time of the cyclical inspection.
b.
Provide
evidence of a valid lead-safe certification obtained pursuant to this
section to new tenants of the property at the time of tenant turnover
unless not required to have had an inspection by a lead evaluation
contractor or permanent local agency pursuant to § 83-2C
of this chapter.
c.
Maintain
records of lead-safe certification, which shall include name(s) of
the unit tenant(s), if inspection was conducted during a period of
tenancy.
[Added 12-21-2023 by Ord. No. 23-41]
a.
Fees
shall be in accordance with N.J.S.A. 52:27D-437.16(h), an additional
fee of $100 initial inspection, and $50 for a follow up inspection.
$20 per dwelling unit inspected by the Borough's, unless the owner
demonstrates that the Department of Community Affairs has already
assessed an additional inspection fee of $20. The fees collected pursuant
to this subsection shall be deposited into the Lead Hazard Control
Assistance Fund.
b.
In a
common interest community, any inspection fee charged pursuant to
this subsection shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the owner
of the unit.
[Ord. No. 07-15 § I]
This local law shall be known as and may be cited as the "Waste
Management Facilities Law of the Borough of Elmwood Park."
[Ord. No. 07-15 § II]
a.
The Borough Council finds that environmental science is presently
inadequate to satisfactorily evaluate and control pollution from solid
and liquid waste disposal facilities such as waste transfer stations;
landfills; ash fills; resource recovery or incineration facilities.
Among other factors, the Council finds as follows:
1.
The inability of geological science to precisely ascertain the existence
and flow of groundwaters and to map subterranean geology makes it
impossible to determine the extent to which solid and liquid waste
disposal may, or may not be, contaminating water supplies.
2.
Moreover, the accumulated extent of hazardous waste disposal in solid
and liquid waste disposal facilities cannot be measured or accurately
determined because of State and Federal regulations permitting disposal
of residential or small user quantities of hazardous wastes.
3.
The Borough's need for solid and liquid waste disposal are being
met.
4.
Future correction of pollution from solid and liquid waste management
facilities, including waste transfer stations, sanitary landfills
and incineration facilities may be very expensive or impossible to
achieve.
5.
The Borough's existing community character will be adversely and
unalterably impacted by the location and operation of any solid or
liquid waste management facility within the Borough.
[Ord. No. 07-15 § III]
a.
The Borough of Elmwood Park intends by this section to:
1.
Restrict the operation of solid waste management facilities within
the Borough of Elmwood Park in order to promote a clean, wholesome
and attractive environment for the community.
2.
Ensure that accurate, current information about currently exempted
solid waste disposal operations within the Borough is available to
public officials and citizens.
3.
Protect the residents of the Borough from undesirable effects of
solid waste disposal operation including:
(a)
Unaesthetic results, including odors, blowing litter, increased
traffic, dust and noise, and;
(b)
Deterioration in property values associated with an adjacent
or proximate disposal operation that may interfere with the orderly
development of properties; and
(c)
Threats to public health or the environment by contamination
of air, surface water or groundwaters.
[Ord. No. 07-15 § IV]
This section shall apply to all territory within the confines
of the Borough of Elmwood Park.
[Ord. No. 07-15 § V]
a.
ASH OR ASH RESIDUE
ASHFILL
COMMERCIAL WASTE
COMPOSTING
CONSTRUCTION AND DEMOLITION DEBRIS
CONTAINMENT POND OR POOL
DISPOSAL
FACILITY
HOUSEHOLD WASTE
INDUSTRIAL WASTE
LANDFILL OR SANITARY LANDFILL
MANURE
PERSON
RECYCLING
SEWAGE
SOLID OR LIQUID WASTE
SOLID WASTE INCINERATOR
SOLID WASTE MANAGEMENT FACILITY
SOUND AGRICULTURAL PRACTICES
WASTE TRANSFER STATION
As used in this section,
these terms and words shall be defined as follows:
Shall mean all the solid residue and any entrained liquids
resulting from the combustion of solid waste at a solid waste incinerator,
including bottom ash, boiler ash, fly ash and the solid residue of
any air pollution control device used in a solid waste incinerator.
Shall mean any landfill designed to accept ash, ash residue,
bottom ash, combined ash, or fly ash.
Shall mean liquid or solid waste generated by stores, offices,
warehoused and restaurants.
Shall mean aerobic decomposition of solid organic constituents
of solid waste to produce a table, humus-like material used for fertilizing
and conditioning land.
Shall mean uncontaminated, inert, solid waste resulting from
the construction, remodeling, repair and demolition of structures,
and from road building and land clearing. Such waste includes, but
is not limited to bricks, concrete, and other masonry materials, soils,
rock, wood, wall coverings, plaster drywall, asphaltic pavement, glass,
plastics that are not sealed in a manner that conceals other wastes,
and metals that are incidental to any of the above.
Shall mean any basin, tank, pond or pool for the disposal,
storage, retention, procession treatment or other handling of liquid
waste.
Shall mean the placement, distribution, storage, removal
or transportation of solid waste.
Shall mean any solid waste management facility.
Shall mean liquid or solid waste from residential sources.
Shall mean any liquid, gaseous, solid or waste substance
or combination thereof resulting from any process of industry, manufacturing,
trade or business. It shall include, but not be limited to, pesticides,
lime, acids, chemicals, petroleum products, tar, and dye-stuffs.
Shall mean any disposal area for solid wastes in or upon
the ground.
Shall mean refuse of stables and barnyards consisting of
livestock avian excreta with or without litter used for fertilizing
land.
Shall mean any individual, partnership, firm, association,
business, industry, enterprise, public or private corporation, political
subdivision of the State, government agency, municipality, estate,
trust or any other legal entity whatsoever.
Shall mean the reuse of solid waste recovered from the solid
waste stream into goods or materials suitable for reuse in original
or changed form.
Shall mean the water carrying human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface water as may
be present.
Shall mean all putrescible and nonputrescible materials or
substances that are discarded or rejected as being spent, useless,
worthless, or in excess to the owners at the time of such discard
or rejection, including but not limited to liquids, garbage refuse,
industrial, commercial and household waste, sludges from air or water
treatment facilities, rubbish, tires, ashes, contained gaseous material,
incinerator ash and residue and construction and demolition debris.
In addition:
Shall mean an incinerator at which household waste and nonhazardous
industrial/commercial waste are combusted for energy.
Shall mean any facility employed beyond the initial solid
or liquid waste collection process and managing solid or liquid waste
including, but not limited to: storage areas or facilities; transfer
stations; rail-haul or barge-haul facilities; procession facilities;
landfills; ashfills; disposal facilities; solid waste incinerators;
resource recovery facilities; recycling facilities; and waste tire
storage facilities, containment ponds or pools, sewage treatment plants
and storage tanks or containers, or any other facility of any kind
designated a solid waste management facility.
Shall mean and refer to those practices necessary for the
on-farm production, preparation and marketing of agricultural commodities.
Shall mean a facility to which waste is taken for onward
transfer for treatment, recycling or landfill elsewhere; a site used
for transferring waste from small receptacles into larger ones before
sending it for final disposal.
[Ord. No. 07-15 § VI]
a.
The following are not subject to this section:
1.
Any disposal and storage of manure in farming operations following
sound agricultural practices; but not including sewage sludge processing
and spreading.
2.
Operations or facilities which receive or collect only nonputrescible,
nonhazardous solid waste and beneficially use or reuse or legitimately
recycle or reclaim such waste. Such exempt facilities are limited
to citizen recycling programs, town recycling operations, composting,
farming operations, town highway operations and bona fide salvage
dealers.
3.
Any sewage treatment facility but not including any sewage sludge
spreading facility.
b.
None of the above exemptions shall be construed to permit any activity
contrary to existing building codes or other laws or as exempting
any other permit required by State or local law.
[Ord. No. 07-15 § VII]
The provisions of this section shall be interpreted in such
a manner as being consistent with State law, except that the more
stringent requirements of this section shall apply.
[Ord. No. 07-15 § VIII]
No solid waste management facility shall hereafter be constructed,
allowed to commence operation or to continue operation within the
Borough of Elmwood Park.
[Ord. No. 07-15 § IX]
a.
All violations of this section or any of its regulations or provisions
shall be punishable by a fine not exceeding $5,000. Each and every
day that a violation of this section is permitted to exist shall constitute
a separate offense.
b.
Any violation of this section or regulations or provisions thereof
shall create a liability to the people of the Borough of Elmwood Park
for civil penalty not to exceed $5,000, to be after a hearing or opportunity
to be heard, upon due-notice and with the right to specification of
the charges and representation by counsel at such hearing. Each and
every day that a violation of this local law occurs or continues shall
constitute a separate violation for purposes of civil liability.
c.
Upon any violation of this section by any person, the Borough shall
be entitled to obtain an injunction against such persons prohibiting
further violations and, in addition, ordering that any solid or liquid
waste disposed of in violation hereof be removed from the Borough,
and ordering that any land on which solid or liquid waste is disposed
of in violation of this section be restored as nearly as possible
to its former condition by the removal of any waste illegally disposed
of and by such other restorative measures as are available, and further
ordering that the operator remedy any effects of the violation of
surrounding or adjacent properties or resources, including, without
limitation, air, trees, crops, water, bodies, wetlands and groundwaters.
[Ord. No. 07-15 § X]
All other ordinances and local laws or parts thereof in conflict
herewith are superseded by this section; provided, however, that the
provisions of the section shall not be interpreted as obviating any
requirements or restrictions wherever it is possible to conform to
the provisions of both this law and any other law or ordinance.
[Ord. No. 12-16 § 1]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Elmwood Park so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 12-16 § 2]
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 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.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is/are owned
or operated by the Borough of Elmwood Park or other public body, and
is designed and used for collecting and conveying stormwater. MS4s
do not include combined sewer systems, which are sewer systems that
are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 12-16 § 3]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 12-16 § 4]
Storm drain inlets identified in subsection 17-3.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 17-3.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface waterbody
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces on roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(a)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
3.
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 12-16 § 5]
This section shall be enforced by the Police Department and
other designated municipal officials of the Borough of Elmwood Park.
[Ord. No. 12-16 § 6]
Any person(s) who is found to be in violation of the provision
of this section shall be subject to a fine not to exceed $2,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Ord. No. 12-15 § 1]
The purpose of this section is to regulate the outdoor application
of fertilizer so as to reduce the overall amount of excess nutrients
entering waterways, thereby helping to protect and improve surface
water quality. This section does not apply to fertilizer application
on commercial farms.
[Ord. No. 12-15 § 2]
Elevated levels of nutrients, particularly phosphorus, in surface
waterbodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
This section does not apply to application of fertilizer on
commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to waterbodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
[Ord. No. 12-15 § 3]
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 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.
Shall mean the land area, 25 feet in width, adjacent to any
waterbody. (The Department believes that 25 feet is the appropriate
buffer width to be protective of water quality. However, in situations
that warrant additional flexibility, such as where lot sizes are exceptionally
small or where the twenty-five-foot buffer constitutes the majority
of the available property, the municipality may reduce the buffer
to 10 feet in width, with the additional requirement that a drop spreader
be used for fertilizer application).
Shall mean a farm management unit producing agricultural
or horticultural products worth $2,500 or more annually.
Shall mean a fertilizer material, mixed fertilizer or any
other substance containing one or more recognized plant nutrients,
which is used for its plant nutrient content, which is designed for
use or claimed to have value in promoting plant growth, and which
is sold, offered for sale, or intended for sale.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
This term shall be used to include any highway, street, sidewalk,
parking lot, driveway, or other material that prevents infiltration
of water into the soil.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any fertilizer that contains phosphorous, expressed
as P2O5, with a guaranteed
analysis of greater than zero; except that it shall not be considered
to include animal (including human) or vegetable manures, agricultural
liming materials, or wood ashes that have not been amended to increase
their nutrient content.
Shall mean a technical analysis of soil conducted by an accredited
soil-testing laboratory following the protocol for such a test established
by Rutgers Cooperative Research and Extension.
Shall mean a surface water feature, such as a lake, river,
stream, creek, pond, lagoon, bay or estuary.
[Ord. No. 12-15 § 4]
No person may do any of the following:
a.
Apply fertilizer when a runoff producing rainfall is occurring or
predicted and/or when soils are saturated and a potential for fertilizer
movement off-site exists.
b.
Apply fertilizer to an impervious surface. Fertilizers inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
c.
Apply fertilizer within the buffer of any waterbody.
d.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the recognized growing season applicable to
the Borough of Elmwood Park.
[Ord. No. 12-15 § 5]
No person may do the following:
a.
Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
b.
Exceptions.
1.
Application of phosphorus fertilizer needed for:
2.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
3.
Application of phosphorus fertilizer to residential contained plantings,
flowerbeds, or vegetable gardens.
[Ord. No. 12-15 § 6]
This section shall be enforced by the Police Department and
other designated municipal officials of the Borough of Elmwood Park.
[Ord. No. 12-15 § 7]
Any person(s) found to be in violation of the provisions of
this section shall be subject to a fine not to exceed $2,000.
[Ord. No. 12-14 § 1]
An ordinance requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Elmwood
Park and/or the open waters of the State so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
[Ord. No. 12-14 § 2]
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 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.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that are owned
or operated by the Borough of Elmwood Park or other public body, and
are designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 12-14 § 3]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Elmwood
Park.
[Ord. No. 12-14 § 4]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 12-14 § 5]
This section shall be enforced by the Borough Engineer, Zoning
Enforcement Officer, Property Maintenance Officer, Recycling Coordinator,
Construction Code Official or the Police Department of the Borough
of Elmwood Park.
[Ord. No. 12-14 § 6]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $2,000.
