Borough of Oakland, NJ Streets, Sidewalks, Public Rights-Of-Way and Sanitation

COMMUNICATIONS SERVICE PROVIDER

Shall mean and include without limitation any individual, firm, association, copartnership, corporation or other entity.

§ 12-1.19 Bonds.

[Ord. #57-264A-282; 1967 Code § 93-19; New; Ord. #89-166, § I]

The applicant shall, within 30 days from the grant of the road permit, deliver to the Borough a performance bond issued by an acceptable surety company in an amount equal to the estimated cost of the improvements, and guaranteeing the installation of the improvement within the time set forth in the permit. Upon completion of the improvements, he shall furnish a maintenance bond, in the amount fixed by the Borough Engineer, guaranteeing the work for a period of two years from date of completion, and guaranteeing the work from defects of labor or materials.

§ 12-1.20 Dedication.

[Ord. #57-264A-282; 1967 Code § 93-20; Ord. #89-166, § I]

The applicant shall agree to dedicate all such improvements to the Borough.

§ 12-1.21 Insurance.

[New; Ord. #89-166, § I]

The applicant shall furnish with the permit application, a Certificate of Insurance issued by an acceptable insurance company in an amount of not less than $100,000, $300,000 per occurrence for liability and not less than $1,000,000 for property damage.

§ 12-1.22 Stop Notice.

[Ord. #62-0-361; 1967 Code § 35-9; Ord. #89-166, § I]

If, in the opinion of the Borough Engineer or the Superintendent of Public Works, work is not being performed in a satisfactory manner or not in accordance with the specifications, he shall issue a stop notice to the permittee's foreman stopping all work until the defects are corrected to the satisfaction of the officials.

§ 12-1.23 Safety Precautions.

[New; Ord. #89-166, § I]

The permittee shall provide and maintain such watchmen, barriers, lights and signals at his own expense as will efficiently prevent any accident in consequence of his work, for which the Borough might be liable, and the permittee shall be liable for all injuries and damage occasioned in any way by his act or neglect or that of his employees. The permittee shall, when ordered by any official of the Borough of Oakland, furnish additional watchmen, barriers, lights or signals at his own expense. Where trenches are left open while adjacent work continues and would block the road, the Contractor shall maintain at least one lane of traffic such as by providing temporary steel plat of adequate thickness to bridge the excavation or some alternate access.

§ 12-1.24 When Consultation with Shade Tree Commission is Required.

[Ord. #62-0-361; 1967 Code § 35-7; Ord. #89-166, § I]

The permittee shall consult with the Borough Shade Tree Commission if the installation is to be constructed alongside of shade trees, and the permittee will be required to comply with all Shade Tree laws.

§ 12-1.25 When Survey is Required.

[Ord. #62-0-361; 1967 Code § 35-11; New; Ord. #89-166, § I]

Where the street lines are indefinite, the permittee shall, if ordered, have the street lines surveyed by a New Jersey licensed land surveyor at the expense of the permittee in order that the utility appurtenances be placed at the proper location within the road or street right-of-way. A copy of the survey signed and sealed by the surveyor shall be submitted to the Superintendent of Public Works.

§ 12-1.26 Blocking of Road Prohibited.

[Ord. #62-0-361; 1967 Code § 35-12; New; Ord. #89-166, § I]

All work should be performed in such a manner that all roads and thoroughfares shall be at all times accessible for the passage of fire apparature, mail delivery, police vehicles, ambulances, and all other emergency or essential equipment. The complete blocking of any road or thoroughfare will not be permitted, except when scheduled in advance and only with the approval of the Police Department and the Borough Engineer.

§ 12-1.27 Backfill and Temporary Pavement.

[Ord. #62-0-361; 1967 Code § 35-13; New; Ord. #89-166, § I]

The applicant will be required to backfill the trench in layers not over six inches in depth and each successive layer shall be thoroughly compacted by a power-operated tamper or a trench roller where possible. When the trench has been backfilled to within 12 inches of the existing grade, the remainder of the trench, after properly preparing and rolling the subgrade, shall be filled with six inches of 2 1/2 inch stone, filling all voids with stone dust and then thoroughly rolled. The remaining four inches shall be filled with bituminous-stabilized base course [304] and thoroughly rolled. The applicant shall keep the backfill in the trench two inches below the surface of the adjacent pavement.

§ 12-1.28 Permanent Pavement Replacement.

[Ord. #62-0-361; 1967 Code § 35-13; New; Ord. #89-166, § I]

The applicant shall excavate the stabilized base to a depth of not less than two inches below the surface of the adjacent pavement. The edges of the pavement shall be painted with a tack coat of asphalt paint (404.13) prior to the placement of pavement material. The excavation shall be filled with bituminous concrete, Mix 1-4 or 1-5 [Table 903-1] (see 12-1.6d), which shall be placed to achieve a minimum compacted thickness of two inches. The center of the patch shall be slightly raised to allow for future trench settlement.

§ 12-1.29 Completion of Improvements.

[New; Ord. #89-166, § I]

No Certificate of Occupancy shall be issued for any structure constructed on the same property where driveway, curb, sidewalk, drainage, or erosion control are to be constructed and maintained until such time as the specified improvements have been constructed in accordance with the plans and specifications therefor. Where the applicant can show that delays, due to conditions beyond his control (weather, etc.), the work cannot be completed within a reasonable time, a cash bond may be posted to guarantee the completion of the work. The Borough Engineer may prepare an estimate of the value of the outstanding construction to complete the required site work When the applicant posts a bond in an amount of 120% of the Engineer's estimate, the Construction Official may issue a Certificate of Occupancy, if all other Code requirements are satisfied.

§ 12-1.30 Utilities.

[New; Ord. #89-166, § I]

All non-municipal public utilities shall, under the terms of their respective franchise agreements, be allowed to construct such plant and equipment as may be necessary to provide utility service to the Borough. The construction shall be limited to the public right-of-way within the limits of the Borough. Each utility shall provide advance notice of the location and nature of proposed work which will disturb the surface or require excavation of the public right-of-way. In the event of emergencies, notice shall be filed during the first normal workday after the occurrence. Utilities may file a permanent bond and certificates of insurance with the Borough for their records. Non-municipal public utilities may apply for an annual permit fee of $500 and only be responsible to file notices of excavation and emergencies weekly. Telephone notice of all work shall be communicated to the Superintendent of Public Works each morning as work progresses. Written records shall be completed and mailed to the Superintendent of Public Works each week, confirming the telephone notice.

§ 12-1.31 Design of Public Improvements, Municipal Utilities and Drainage.

[New; Ord. #89-166, § I]

Improvements which require changes to the drainage system in the Borough shall be designed by a licensed professional engineer. The design, specifications, and plans shall be approved by the Borough Engineer prior to the issuance of any construction permits. The work proposed may require the approval of the New Jersey Department of Environmental Protection and the issuance of a permit for same. Drainage standards are specified in Section 59-38C and 59-40A(6).

Water Supply for Domestic Consumption and Fire Protection. Improvements and extensions to the Borough water system shall conform to the requirements in Chapter 13, Sections 13-1 through 13-11.

Sanitary Sewers. Improvements and extensions to the Borough sanitary sewer system shall conform to the requirements in Chapter 13, Sections 13-12 and 13-13.

§ 12-1.32 Erosion Control.

[New; Ord. #89-166, § I]

The disturbance of all areas larger than 5,000 square feet require a permit from the Bergen County Soil Conservation District for the control of soil erosion. Disturbance of areas less than 5,000 square feet shall be stabilized to control erosion as follows:

Apply topsoil to a four-inch depth.

Apply limestone at a rate of two tons per acre (90 pounds per 1,000 square feet).

Apply fertilizer (10-5-5) or equal at 400 pounds per acre (nine pounds per 1,000 square feet).

Apply grass seed mixture of

Perennial Ryegrass at 10 pounds per acre

Chewing Red Fescue at 15 pounds per acre

Kentucky Bluegrass at 25 pounds per acre

Spreading Fescue at 15 pounds per acre

Apply mulch of unrotted salt, hay or small grain straw at 80 to 90 pounds per 1,000 square feet.

Mulch anchor emulsified asphalt, SS-1 or equal, at 363 gallons per acre, eight gallons per 1,000 square feet.

Where conditions do not allow the above stabilization regulation, alternate methods conforming to the N.J. Standards for Soil Erosion and Sediment Control may be used when approved by the Borough Engineer.

§ 12-1.33 Disposal of Waste.

[New; Ord. #89-166, § I]

The Contractor shall arrange for the disposal of all waste or surplus material which is generated as a result of the proposed work. All waste and surplus material shall be removed from within the limits of the Borough for disposal. Waste disposal may be controlled by State regulations governing solid waste, and the Contractor shall be responsible for compliance with all State regulations.

§ 12-1.34 Violations and Penalties.

[New; Ord. #89-166, § I]

Any person, firm, or corporation violating this ordinance shall be subject, upon conviction, to a fine of not more than $200 or imprisonment for not more than 90 days, or both, in the discretion of the Magistrate imposing the same.

§ 12-1.35 Communication Facilities Right-of-Way Permits.

[Added 6-23-2021 by Ord. No. 21-Code-830]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE REVIEW

Ministerial review of an application by the Mayor and Council and Borough Engineer to determine whether the issuance of a permit is in conformity with the applicable provisions of this section.

ANTENNA

Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

APPLICABLE CODES

Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the authority, including any amendments adopted by the authority, or otherwise are applicable in the jurisdiction.

APPLICANT

Any person or entity who submits an application under this section.

APPLICATION

A written request, on a form provided by the Borough of Oakland.

AUTHORITY

The Mayor and Council of the Borough of Oakland.

COLLOCATE

To install or mount a small wireless facility in the public right-of-way on an existing support structure, an existing tower, or on an existing pole to which a Small wireless facility is attached at the time of the application. "Collocation" has a corresponding meaning.

COMMUNICATIONS FACILITY

Collectively, the equipment at a fixed location or locations within the public ROW that enables communications services, including: i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.

COMMUNICATIONS SERVICE

Cable service, as defined in 47 U.S.C. § 522(6); information service, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53).

A provider of communications services and includes a cable operator as defined in 47 U.S.C. § 522(5).

DECORATIVE POLE

A pole that is specially designed and placed for aesthetic purposes.

DESIGNEE

The person appointed by the Borough from time to time who shall serve as the initial point of contact for the Borough for all matters concerning this section and who may be an official of the Borough or a person contracted for professional services.

ELIGIBLE FACILITIES REQUEST

An eligible facilities request as set forth in 47 CFR. 1.40001(b)(3), as that section may be amended from time to time.

FCC

The Federal Communications Commission of the United States.

LAWS

Collectively, any and all federal, state or local law, statute, common law, code, rule, regulation, order, or ordinance.

ORDINARY MAINTENANCE AND REPAIR

Inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a communications facility and/or the associated support structure, pole or tower, that does not require blocking, damaging or disturbing any portion of the public ROW.

PERMIT

A written authorization to install, at a specified location(s) in the public ROW, a communications facility, tower or a pole to support a communications facility.

PERMITTEE

An applicant that has received a permit under this section.

PUBLIC RIGHT-OF-WAY or PUBLIC ROW

An individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a governmental entity.

POLE

A legally constructed pole, such as a utility, lighting or similar pole, made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or Support 3 structure and does not include a pole or structure that supports electric transmission lines.

PROVIDER

A communications service provider or a wireless services provider, and includes any person that owns and/or operates within the public ROW any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities or towers.

The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, or similar purpose. The term does not include a federal interstate highway, state highway, county right-of-way or other areas that are not within the legal jurisdiction, ownership or control of the authority.

REPLACE or REPLACEMENT

In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this section and any other applicable regulations in order to address limitations of the existing structure to structurally support collocation of a communications facility.

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications:

Each antenna could fit within an enclosure of not more than three cubic feet in volume; and

All other wireless equipment associated with the antenna, including the preexisting equipment, is cumulatively no more than 28 cubic feet in volume.

STATE

The State of New Jersey.

SUPPORT STRUCTURE

A structure in the public ROW other than a pole or a tower to which a wireless facility is attached at the time of the application.

SURROUNDING STREETSCAPE

The visual elements of a street, including the road, adjoining buildings, street furniture, trees and open spaces, etc., that combine to form the street's character.

TOWER

Any structure in the public ROW built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.

WIRELESS FACILITY

The equipment at a fixed location or locations in the public ROW that enables wireless services. The term does not include: i) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A Small wireless facility is one type of a wireless facility.

WIRELESS SERVICES

Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.

Access to Public Right-of-Way. Prior to installing in the public ROW any communications facility, or any pole built for the sole or primary purpose of supporting a communications facility, or any tower, a person shall enter into a right-of-way use agreement with the Borough of Oakland expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.

The term of the ROW use agreement shall not exceed 15 years.

The ROW use agreement authorizes the provider's nonexclusive use of the public ROW for the sole purpose of installing, maintaining and operating communications facilities, including any pole built for the sole or primary purpose of supporting the communications facilities and to provide the services expressly authorized in the agreement subject to applicable codes and applicable laws, this section and the terms and conditions of the agreement. The agreement authorizes use only of the public ROW in which the Borough has an actual interest. It is not a warranty of title or interest in any public ROW and it does not confer on the provider any interest in any particular location within the public ROW. No other right or authority is granted except as expressly set forth in the agreement. Nothing herein shall authorize the use of the Borough's poles, towers, support structures, or other structures in the public ROW. All use of the Borough's poles, towers, support structures and other structures in the public ROW shall require a separate agreement and the payment of separate fees for such use.

The provider shall, at its sole cost and expense, keep and maintain its communications facilities, poles, support structures and towers in the public ROW in a safe condition, and in good order and repair.

The provider shall provide insurance and indemnification of the Borough as described in the ROW use agreement. The insurance coverage limits must be at least as broad as follows:

Worker's Compensation and Employer's Liability Insurance. Provider shall provide proof of worker's compensation insurance and be in compliance with the Worker's Compensation Law of the State of New Jersey. Employer's liability: limit of liability shall be a minimum of $500,000 in accordance with New Jersey statute.

Comprehensive General Liability. Comprehensive general liability ("CGL") insurance with limits no less than $2,000,000 per occurrence.

Automobile Liability. Automobile liability insurance covering claims for bodily injury and property damage arising from all owned, hired and nonowned vehicles with limits of not less than $1,000,000 combined single limit.

ROW Permit.

No person may construct, maintain or perform any other work in the public ROW related to communications facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers without first receiving a permit to the extent required under this section, a construction permit, street opening permit, and any subsequent permits or authorizations required by applicable laws or the authority.

The authority shall not issue a permit unless the applicant, or a provider on whose behalf the applicant is constructing communications facilities, poles or towers, has applied for and received the ROW use agreement required by this section, or otherwise has a current and valid franchise with the Borough expressly authorizing use of the public ROW for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.

The provider shall not locate or maintain its communications facilities, wireless facilities, support structure, poles and towers so as to unreasonably interfere with the use of the public ROW by the Borough, by the general public or by other persons authorized to use or be present in or upon the public ROW.

Location and Siting.

Height. No pole shall be taller than 40 feet in height, including the antennas with Borough approval, or 110% of the height of poles in the surrounding streetscape, whichever is higher.

Distance from Curb Line. No pole shall be farther than five feet from the curb line.

Location, Safety and Aesthetics. No pole shall be erected in the right-of-way unless it:

Is replacing an existing pole; or

Is approved by the authority; or

Is located within the municipal right-of-way; and

Is at least 200 linear feet from any other existing pole or proposed pole by applicant along the same side of the street; and

(e)

Does not inhibit any existing sight triangles; and

(f)

Is not located in an area that will interfere with underground utilities; and

(g)

Allows adequate room for the public to pass and repass across the right-of-way; and

The authority may require new poles to be decorative poles, if appropriate, or that stealthing technology be used when appropriate to further blend a proposed pole into the streescape and surroundings. Applicant will heed reasonable requests by the authority to utilize decorative poles and stealthing technology.

Pole-mounted antennas are permitted on new and existing poles, provided that each pole-mounted antenna:

Does not exceed three cubic feet in volume; and

Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and

Does not inhibit sight triangles; and

Allows adequate room for the public to pass and repass across the municipal right-of-way.

Pole-mounted cabinets are permitted on new and existing poles, provided that each pole-mounted cabinet:

Does not exceed 16 cubic feet; and

Is finished and/or painted and otherwise camouflaged in conformance with best available stealth technology methods so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and

Does not inhibit sight triangles; and

Allows adequate room for the public to pass and repass across the municipal right-of-way.

The authority may also require that an applicant provide a certification from a licensed engineer attesting to the structural integrity of any pole-mounted antenna or pole-mounted cabinet.

Ground-mounted equipment may be used only to house equipment and other supplies in support of the wireless facility.

Underground utilities. Unless otherwise agreed to, in writing, by the authority or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense. The authority may, in its sole discretion, approve aboveground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as wireless facilities that cannot, by their nature, operate unless located above ground, the provider and authority shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW, if authority owns or otherwise manages said locations and has the authority to make them available to applicant for its communications facilities under similar terms and conditions as locations are made available in the public ROW

10.

All wireless equipment associated with the pole or tower, including the wireless equipment associated with the antenna and any preexisting associated equipment shall not be more than 28 cubic feet in volume.

11.

The provider shall, upon completion of construction, provide the Borough with as-built drawings and a map showing the location of the facility and equipment.

Restoration Requirements.

The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW

If the provider fails to timely restore, repair or replace the public ROW as required in this subsection, the authority or its contractor may do so and the provider shall pay the authority's costs and expenses in completing the restoration, repair or replacement.

Removal, Relocation and Abandonment.

Within 30 days following written notice from the authority, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its communications facilities, poles, support structures or towers within the public ROW, including relocation of aboveground communications facilities underground (consistent with the provisions of this section), whenever the Borough has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any Borough improvement, the operations of the Borough in, under or upon the public ROW, or otherwise is in the public interest. The provider shall be responsible to the Borough for any damages or penalties it may incur as a result of the provider's failure to remove or relocate communications facilities, poles, support structures or towers as required in this subsection.

The Borough retains the right and privilege to cut or move any communications facility, pole, support structure or tower located within the public ROW of the Borough, as the Borough may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Borough shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the communications facility, pole, support structure or tower. In all cases, the Borough shall notify the provider after cutting or removing the communications facility, pole, support structure or tower as promptly as reasonably possible.

A provider shall notify the Borough of abandonment of any communications facility, pole, Support, Structure or tower at the time the decision to abandon is made, however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the provider shall remove its communications facility, pole, support structure or tower at the provider's own expense, unless the Borough determines, in its sole discretion, that the communications facility, pole, support structure or tower may be abandoned in place. The provider shall remain solely responsible and liable for all of it communications facilities, poles, support structures and towers until they are removed from the public ROW unless the Borough agrees, in writing, to take ownership of the abandoned communications facilities, poles, support structures or towers.

If the provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its communications facilities, poles, support structures or towers or remove any of its abandoned communications facilities, poles, support structures or towers as required in this subsection, the Borough or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Borough incurs arising from the delay.

Fees and Charges.

Agreement/License Application Fee. Every person requesting a right-of-way agreement, franchise agreement or license agreement from the Borough shall pay an application fee of $250 which shall be paid upon submission of the right-of-way agreement, franchise agreement or license agreement application.

Permit Application Fee. Applicant shall be responsible for designee consulting fees which will be a reasonable reflection of objectively reasonable costs. Said fee shall be at the rate of $350 per hour and shall not exceed three hours per site installation or modification, alteration, upgrade or expansion. Said consultation shall supplement Borough personnel with expertise and knowledge not otherwise possessed by Borough agents and officials.

An annual $270 per small wireless facility fee shall be paid to the Borough no later than January 1 of each calendar year.

Other Fees. The applicant or provider shall be subject to any other generally applicable fees of the Borough or other government body, such as those required for electrical permits, bulding permits, or street opening permits, which the applicant or provider shall pay as required in the applicable laws, as well as attachment fees for the use of the Borough owned poles, towers, support structures, ducts, conduits or other structures in the public ROW, as set forth in attachment agreements authorizing such use.

No Refund. Except as otherwise provided in the right-of-way agreement; franchise agreement; license, the provider may remove its communications facilities, poles or towers from the public ROW at any time, upon not less than 30 days' prior written notice to the Borough, and may cease paying the Borough any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the public ROW. In no event shall a provider be entitled to a refund of fees paid prior to removal of its communications facilities, poles or towers.

Permit Applications.

Permit Required. Unless expressly authorized in this section or in writing by the authority, no person may construct, install or maintain in the public ROW any communications facilities, poles built for the sole or primary purpose of supporting communications facilities or towers, including the installation or collocation of communications facilities on existing poles, towers, support structures or other structures within the public ROW without first receiving a permit. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public ROW prior to obtaining a permit, provided that the provider shall attempt to contact the Borough prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than 24 hours, after commencing the emergency work. For purposes of this subsection, an "emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

Permit Application Requirements. The application shall be made by the provider or is duly authorized representative and shall contain the following:

The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.

The names, addresses, telephone numbers and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

A description of the proposed work and the purposes and intent of the proposed communications facility, pole, tower, support structure or wireless facility (as applicable) sufficient to demonstrate compliance with the provisions of this section.

If applicable, a copy of the authorization for use of the property from the pole, tower or support structure owner on or in which the communications facility will be placed or attached.

(e)

Detailed construction drawings regarding the proposed communications facility, pole, tower, support structure or wireless facility (as applicable).

(f)

To the extent the proposed facility involves collocation on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.

(g)

For any new aboveground facilities, accurate visual depictions or representations. If not included in the construction drawings.

Proprietary or Confidential Information in Application. Applications are public records that may be made publicly available pursuant to the New Jersey Open Public Records Act.[1] Notwithstanding the foregoing, applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Borough shall treat the information as propriety and confidential, subject to the New Jersey Open Public Records Act and the Borough's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable. The Borough shall not be required to incur any costs to protect the application materials from disclosure, other than the Borough's routine procedures for complying with the New Jersey Open Public Records Act.

[1]

Editor's Note: See N.J.S.A. 47:1A-1 et seq.

Ordinary Maintenance and Repair. A permit shall not be required for ordinary Maintenance and Repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Borough in writing at least 48 hours before performing the ordinary maintenance and repair.

Material Changes. Unless otherwise agreed to, in writing, by the authority, any material changes to an application, as determined by the authority, in its sole discretion, shall be considered a new application for purposes of the time limits set forth in Subsection h, unless otherwise provided by application laws.

Application Fees. Unless otherwise provided the applicable laws, all applications pursuant to this section shall be accompanied by the fees required under Subsection g.

Effect of Permit. A permit from the authority authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this section and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public ROW; a permittee or provider must obtain all necessary approvals from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right or grant authority to the applicant to interfere with other existing uses of the public ROW

Duration. Any permit for construction issued under this section shall be valid for a period of 180 days after issuance, provided that the period may be extended for up to an additional 90 days upon written request for the applicant (made prior to the end of the initial 180-day period) if the failure to complete construction is as a result of circumstances beyond the reasonable control of the applicant.

Batch Permit. An applicant may simultaneously submit not more than 50 applications for communications facilities, or may file a single, consolidated application covering such communications facilities, provided that the proposed communications facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Borough. If the applicant files a consolidated application, the applicant shall pay the application fee calculated as though each communications facility were a separate application.

Application Review.

Preapplication Meeting. Prior to making a formal application with the Borough for use of the municipal right-of-way, all applicants are advised to voluntarily meet with the Borough Engineer and designee to review the scope of the applicant's proposal.

All applications made under this section shall be expedited so as to comply with the shot clocks set forth in the Federal Communications Commission Order titled, "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barrier to Infrastructure Investment," WT Docket No. 17-79; WC Docket No. 170-84.

The Borough Engineer and designee shall review all applications for the placement of new poles and ground-level cabinets within the municipal ROW and the placement of pole-mounted antennas and pole-mounted cabinets within the municipal ROW and advise the authority whether the application is complete and whether it meets the requirements of this section.

Except as otherwise provided by applicable laws, the authority shall, within 30 days of receiving an application, notify the applicant if the application is incomplete and identify the missing information. The applicant may resubmit the completed application within 10 days without additional charge, in which case the authority shall have 30 days from receipt of the resubmitted application to verify the application is complete, notify the applicant that the application remains incomplete or, in the Borough's sole discretion, deny the application.

The authority shall review the application and, if the application conforms with applicable provisions of Subsection h the authority shall issue the permit, subject to the standard permit requirements published by the Borough.

The authority shall make its final decision to approve or deny the application within 60 days for a collocation of a small wireless facility to an existing structure, and 90 days to deploy a small wireless facility on a new structure, after the application is complete (or deemed complete in the event the Borough does not notify the applicant that the application or resubmitted application is incomplete). Review of an application to deploy a facility other than a small wireless facility using a new structure shall be decided within 150 days. Said review and decision within the specified 60 and 90 day timeframes shall include the issuance of any authorized resolutions and approvals needed to finalize the ROW use agreement, along with the application, as well as the issuance of any required ministerial construction permit and street opening permit, as applicable, with the intention of this section being that the full application process for each applicant comply with the relevant provisions of WT Docket No. 17-79; WC Docket No. 170-84, per Subsection i2 herein.

Waiver. The authority may waive any siting standard set forth in Subsection d where the applicant demonstrates that strict enforcement of said standard:

Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. 253(a); or

Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(11); or

Will violate any requirement set forth by the Federal Communications Commission Order entitled, "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barrier to Infrastructure Investment," WT Docket No. 17-79; WC Docket No. 170-84.

The authority shall advise the applicant, in writing, of its final decision.

§ 12-2 (RESERVED)

§ 12-3 DRIVEWAY INSTALLATION.

§ 12-3.1 Permit Required.

[Ord. #185; Ord. #63-295A-381; 1967 Code § 93-23; Ord. #89-166, § I]

It shall be unlawful to install any driveway connecting with any street or highway or break any curb therefor in the Borough without first obtaining a permit to do so. The cost of the permit shall be the sum of $25.

§ 12-3.2 Application and Work Specifications.

[Ord. #185; Ord. #58-264-295; 1967 Code § 93-24; Ord. #89-166, § I]

Application shall be made to the Borough Clerk for such permit accompanied by sufficient plans and specifications to show the size, the manner in which the driveway shall be connected to the street or highway, the curb opening, if any, and the manner in which the opening shall be connected to the existing curb, the manner in which the driveway shall be constructed across the existing gutter and in what manner the drainage for the gutter and driveway shall be provided for, together with said permit fee. Work shall be completed within 90 days after the issuance of the permit.

All said driveways and drainage shoulders in connection therewith shall be constructed in accordance with the grade and line on typical plans on file with the Borough Clerk.

The portion of the driveway and drainage shoulder in the right-of-way of the street shall be paved in accordance with the following pavement specifications:

Driveway pavement shall consist of a base course, three inches in compacted thickness of one-and-one-half-inch crushed stone with binder material of stone screening, and a top course of one-and-one-half-inch compacted thickness of hot bituminous concrete, Type SM.

Subgrade shall be properly graded in accordance with a typical plan and or set or frozen, and properly compacted with a roller weighing not less than five tons. The aggregate shall be spread evenly over the subgrade in a layer of proper depth, and shall be compacted with a roller weighing not less than three tons. The binder material shall then be spread over the aggregate and swept and rolled into the voids while rolling is being done. Sufficient binder material shall be used to fill all voids but no excess shall be left on top of the aggregate.

The material for the top course shall meet applicable requirements of New Jersey State Highway Specifications. It shall be spread over the base course to the proper thickness, raked and compacted to even layer and grade with a tandem roller weighing not less than five tons.

No Certificate of Occupancy in connection with any structure constructed on the same plot where the driveway and drainage shoulder is constructed shall be issued until the driveway and drainage shoulders are constructed in accordance with the plans and specifications therefor and the requirements of the Borough and accepted by it. The applicant shall have the right to apply-for a Certificate of Occupancy if he posts with the Mayor and Council a surety bond in an amount which, in the opinion of the Borough Engineer, shall be sufficient to complete the work.

§ 12-3.3 Obstruction of Drains or Gutters Prohibited.

[Ord. #185; 1967 Code § 93-25; Ord. #89-166, § I]

No driveway shall be constructed in such a manner as to permit the obstruction of drainage along the gutter and road area, the interference with existing drains, if any, and adequate provision must be made for proper drainage, which driveway and drainage must be built in accordance with such specifications as shall be approved by the Borough.

§ 12-3.4 Broken Curbs To Be Repaired.

[Ord. #185; 1967 Code § 93-26; Ord. #89-166, § I]

All curbs broken shall be repaired where they are connected to or join the edges of the driveways according to specifications approved by the Borough.

§ 12-3.5 Surface-Water Drains.

[Ord. #185; 1967 Code § 93-27; Ord. #89-166, § I]

No drains for surface water or other drainage of the abutting property shall be permitted to run or drain into the gutter or road area adjacent thereto.

§ 12-3.6 Violation and Penalties.

[Ord. #89-166, § I]

Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to pay a fine not exceeding $100, the amount of which fine shall be in the discretion of the Magistrate before whom the matter shall be heard, not exceeding the maximum herein provided.

§ 12-4 OBSTRUCTIONS.

§ 12-4.1 Provisions.

[Ord. #55-0-250; 1967 Code § 93-29; Ord. #89-166, § I; Ord. #93-271]

It shall be unlawful for any person to:

Cast, throw or spill any dirt, sand, ashes, gravel, brick, stones, waste paper, snow, ice or other similar loose material upon the surface of any Borough street or road.

Mix any dry or wet concrete, cement or plaster of any kind or description upon the surface of any Borough street or road.

Spill any turpentine, kerosene, gasoline, petroleum, lubricating oil or other highly inflammable oils or their volatile products or to allow any of such fluids to escape upon the surface of any Borough street or road or permit the operation of any tank trucks or other vehicle from which any of such fluids are permitted to escape.

Flush or cause to be drained or pumped upon or placed on the surface of any Borough street or road any waste paper or fluid of any kind.

Place or cause to be placed in or upon any Borough street or road any permanent obstruction of any kind.

Burn leaves or any other material upon the surface of any Borough street or road which may cause sufficient heat to affect asphalt pavements.

Operate any vehicle or apparatus on any street or road of the Borough of Oakland in such a manner or by any means that the same may damage in any manner the surface of such streets or roads.

Place or cause to be placed on any Borough street or road or drainage ditches any debris, dirt, brush, stones or leaves in any manner that may obstruct any such street, road, drainage ditch, gutter or catch basin or other underground structure.

§ 12-4.2 Vertical Obstructions.

[Ord. #55-0-250; 1967 Code § 93-30; Ord. #89-166, § I]

It shall be unlawful for any person to:

Obstructions Prohibited; Exceptions. Erect or install, or cause to be erected or installed, any obstruction within the confines of the full street width of any road or street of the Borough of Oakland, as the case may be, except upon application to procure a permit for curb construction, sidewalk construction, tree planting or driveway.

Clear View at Intersections. Plant or permit the growth of any tree, hedge or other growth in such a manner that the same shall constitute an obstruction to clear vision at intersections of streets and roads in the Borough of Oakland. The vision to be afforded at such intersections shall be such that it shall be possible for a user of said street or road to see the center line of such intersection and an area having a radius of 50 feet in all directions from the said center line. No bush, hedge or growth shall have a height of more than three feet. All such bushes, hedges or growths having a height greater than said three feet shall be considered an obstruction. All trees shall be trimmed of branches and limbs from a point between the street or road level and to a height of not less than 10 feet therefrom. Any tree having branches or limbs between said street level and the point in height 10 feet therefrom shall constitute an obstruction to vision.

§ 12-4.3 Power to Compel Removal.

[Ord. #55-0-250; 1967 Code § 93-31; Ord. #89-166, § I]

The Mayor and Council or their agents or representatives shall have power to compel the removal of any structure erected on any Borough street or road in violation hereof.

§ 12-4.4 Definition.

[Ord. #55-0-250; 1967 Code § 93-32; Ord. #89-166, § I]

As used in this section:

Shall mean and include any individual, partner or member of any partnership or association and the offices, agents or employees of any corporation.

§ 12-4.5 Enforcement.

[Ord. #55-0-250; 1967 Code § 93-33; Ord. #89-166, § I]

The Superintendent of Roads and the members of the Police Department are hereby directed to enforce the provisions of this section and they are hereby designated as agents acting for the Mayor and Council of the Borough, to perform all the duties required of them under the terms of this section.

§ 12-4.6 Partial Invalidity.

[Ord. #89-166, § I]

If any section, paragraph or clause of this section shall be deemed or adjudged invalid, the remaining provisions of this section shall not thereby be invalidated but shall continue and remain in full force and effect.

§ 12-4.7 Violation and Penalty.

[Ord. #89-166, § I]

Each and every person, firm or corporation, private or public, or their agents and representatives violating any of the provisions of this section or who take part in or assist in any such violation shall be subject to a fine of not more than $200 or to imprisonment in the County Jail for not exceeding 90 days, or both at the discretion of the Court or jurisdictional officer before whom conviction may be found. Each and every day any such violation continues shall constitute a separate and distinct offense. The penalties herein subscribed shall apply to such separate and distinct offenses.

§ 12-5 REMOVAL OF IMPEDIMENTS.

§ 12-5.1 Owner of Abutting Property to Clear Snow and Ice.

[Ord. No. 186; 1967 Code § 93-36; Ord. No. 68-477; Ord. No. 89-166, § I; Ord. No. 10-Code-624, § I; Ord. No. 14-Code-706 § 1]

The owner, tenant or occupant of lands abutting on any street, highway or road within the limits of the Borough shall remove all snow and ice from the sidewalk or walkway areas in front of or bordering on said lands within 24 hours after the same shall be formed or fall thereon.

Obstruction of Hydrants. No person in any manner shall obstruct or prevent free access to any fire hydrant or place or store, temporarily or otherwise, any object, material, snow, debris or structure of any kind within a distance of five feet of any fire hydrant. Any such obstructions, when discovered, may be removed at once by the Borough at the expense of the person responsible for the obstruction. The owner, tenant or occupant of lands upon which any fire hydrant is located shall maintain the area within a five-foot radius of the perimeter of any such fire hydrant free of snow and ice. The removal of snow and/or ice shall be completed within 24 hours after same shall be formed or fall there.

§ 12-5.2 Notice to Owner to Remove Impediments.

[Ord. #186; 1967 Code § 93-37; Ord. #68-477; Ord. #78-734; Ord. #89-166, § I]

The owner, tenant or occupant of lands abutting on any street, highway or road within the limits of the Borough shall cut or cause to be cut all grass and weeds to a length not exceeding four inches above the level of the ground and remove or cause to be removed all impediments and obstructions, including grass and weeds cut, from the sidewalk or walkway and gutter areas in front of or bordering on the lands within three days after notice to do so is given. Notice may be given either personally or by mailing the same, in the case of the owner, in care of the address shown on the tax records of the Borough, and in case of the tenant or occupant, in care of the address of the premises in question.

§ 12-5.3 Removal by Borough; Cost Charged to Lands.

[Ord. #186; 1967 Code § 93-39; Ord. #78-734; Ord. #89-166, § I]

In case the owner or owners, tenant or tenants of lands abutting or bordering upon the sidewalks and gutters of public streets, avenues and highways, as aforesaid, shall refuse or neglect to remove all snow and ice from the same within 12 hours of daylight after the same shall be formed or fall thereon and after receiving a notice to remove same or all grass, weeds and other impediments therefrom within three days after notice to remove the same, it shall be the duty of the Chairman of the Road Committee to cause such work to be done under his direction, and he shall certify the cost thereof to the Borough of Oakland.

The cost of such removal of snow, ice, grass, weeds and other impediments as certified by the Chairman of the Road Committee, if found correct by the Borough Council, shall forthwith become a lien upon the lands abutting or bordering any such sidewalk or gutter and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes.

The Borough Council shall, upon receiving the certificate of cost as aforesaid from the Chairman of the Road Committee, examine the same and if found correct shall adopt a resolution directing that the cost as aforesaid shall be charged against the lands abutting or bordering any such sidewalk or gutter from which snow, ice, grass, weeds or other impediments have been removed under the direction of the Chairman of the Road Committee as hereinbefore directed and shall cause a certified copy of such resolution to be delivered to the Assessor of Taxes, who shall assess and collect such charges at the time of the collection of the taxes next to be assessed and levied upon such lands.

The provisions of this section shall be in addition to the provisions of subsection 12-5.4 and not in lieu thereof.

§ 12-5.4 Violations and Penalties.

[Ord. No. 89-166 § 1; Ord. No. 10-Code-624 § 2; Ord. No. 14-Code-706 § 2]

Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to pay a fine as follows:

$100 per day for failure to clear the snow after the first snow event (First violation);

$200 per day for failure to clear the snow for the second and each subsequent violation.

§ 12-5A MAILBOX DAMAGE DUE TO SNOW PLOWING.

§ 12-5A.1 Intent; Rationale.

[Added 2-10-2021 by Ord. No. 21-Code-821]

It is the intent of this section to establish uniform procedures to reimburse residents for damage to mailboxes due to snow removal operations. The Borough of Oakland's primary obligation is to ensure that its roadways are as clear as possible of snow and ice. It is also understood that most mailboxes are located within the public right-of-way and, therefore, while fulfilling the primary objective, mailboxes may be unintentionally and unavoidably damaged. This policy assumes there is a shared responsibility between the Borough of Oakland and the homeowner when mailboxes located in the public right-of-way are damaged during snow removal operations.

§ 12-5A.2 Resident Responsibility.

[Added 2-10-2021 by Ord. No. 21-Code-821]

Snowplow operators make every effort to remove snow as close to the curbline as practical and to provide access to mailboxes for the Postal Service. However, it is not possible to provide perfect conditions and minimize the damage to mailboxes with the size and type of equipment the Borough operates. Therefore, the final cleaning adjacent to mailboxes is the responsibility of each resident.

§ 12-5A.3 Landscaping; Hardscape.

[Added 2-10-2021 by Ord. No. 21-Code-821]

Property owners should assume all risk of damage for landscaping/hardscape, including nursery and inanimate materials that are installed or encroach on the Borough right-of-way. The Borough assumes no responsibility for damage incurred to these nonpermitted elements as a result of snow plowing and ice control activities with the exception that lawns that are scraped or gouged by Borough equipment will be repaired by top dressing and seeding the following spring. In addition, inanimate materials, such as boulders, timbers, etc., are a hazard and can cause damage to plow equipment.

§ 12-5A.4 Reimbursement Policy.

[Added 2-10-2021 by Ord. No. 21-Code-821]

While there is no legal requirement, it is the policy of the Borough of Oakland to reimburse residents up to $100 for eligible mailbox damage caused by direct plow contact or thrown snow coming off the plow on the part of the Borough's Department of Public Works or Borough private contractors. Residents seeking reimbursement greater than $100 for mailbox damage caused by Borough operators may file a tort claim under Title 59 of New Jersey Statutes Annotated. Nothing in this section shall be construed to entitle any resident to reimbursement prior to an investigation and determination by the Director of Public Works or designee that the claimed damage is eligible for reimbursement pursuant to this section.

§ 12-5A.5 Eligibility; Procedure; Investigation.

[Added 2-10-2021 by Ord. No. 21-Code-821]

For the purpose of this section, boxes used for receipt of United States Mail and placed outside of residences and established for such purposes shall be referred to herein as "mailboxes." All mailboxes must be installed in accordance with the United States Postal Service mailbox guidelines.

Eligibility; Mailbox Damage Claim. The reimbursement provisions shall only apply to those homeowners who satisfy the following criteria:

The mailbox is securely fastened to a sturdy post which is sufficiently anchored in the ground to resist the impact of plowed snow.

The damaged mailbox and/or post must meet the requirements of the United States Postal Service mailbox guidelines, as well as all other requirements in regard to construction and location. Mailboxes that do not meet the requirements of the United States Postal Service and/or any other applicable regulations are not eligible for reimbursement.

The damage must have been caused by direct contact with or thrown snow from Borough Department of Public Works or Borough private contractor plows or snow removal equipment.

The homeowner must notify the Borough within 90 days of the date the damage occurred. Damage reported outside of this time frame will not be eligible for reimbursement.

The homeowner must sign a general release discharging the Borough from all debts, claims, demands, damages, actions or further tort claims under Title 59.

Claim Procedure.

Within the time period above, a homeowner making a claim for reimbursement shall contact the Department of Public Works and file a mailbox damage claim.

The mailbox damage claim shall be accompanied with the following:

Name, address, phone number and email address of claimant.

Date and time of damage.

Exact location of damage.

ASHES, RUBBISH AND REFUSE

Explanation of what happened/description of damage.

(e)

Photographs of damage.

(f)

Itemized receipt for the cost of the new mailbox and/or post.

After submission of the claim, the Director of Public Works or designee shall investigate the alleged damage to determine if the damage was caused by the plow blade, vehicle and/or thrown snow coming off the plow. A written response on the findings of the investigation will be mailed to the resident.

If it is determined that the mailbox was damaged by the plow blade, vehicle and/or thrown snow coming off the plow, the homeowner will be reimbursed for the cost of the mailbox and/or post in an amount not to exceed $100 upon the submission of an itemized receipt for the cost of the new mailbox and/or post. If it is determined that the damage was not caused by the plow blade, vehicle and/or thrown snow coming off the plow, no reimbursement will be given. All actual repairs and/or replacements shall be the responsibility of the homeowner.

§ 12-6 GARBAGE AND REFUSE COLLECTION.

§ 12-6.1 Definitions.

[Ord. #60-0-315; 1967 Code § 46-2]

As used in this section:

Shall mean any residue of material used as fuel for heating or cooking facilities after combustion has taken place and including paper, cardboard, broken or discarded crockery, glassware, rags, household utensils, house sweepings, bottles, tin cans and rubbish.

GARBAGE

Shall mean and include dead animals, the refuse of animal and vegetable matter which has been used as food and all other household waste matter (exclusive of ashes and refuse as defined in this subsection).

§ 12-6.2 Truck Requirements.

[Ord. #60-0-315; 1967 Code § 46-3; Ord. #68-482]

Every scavenger service of the Borough shall have at all times an adequate number of trucks of ample power and carrying capacity to perform the licensee's contract as hereinafter mentioned.

Trucks shall be of the automatic packer type, at all times, in good operating mechanical condition, of good appearance, and shall be provided with heavy covering for containing contents. Each truck shall have a minimum capacity of 16 yards.

Where rear-yard pickup service requires the use of a vehicle to drive into the residence either because of the depth of the property or the steepness and condition of the road the residence is located on, a pickup-type truck with receptacles to contain the rubbish and garbage may be used, but for no other purpose.

§ 12-6.3 Material Handling.

[Ord. #60-0-315; 1967 Code § 46-4]

Each scavenger service shall collect, load and transport all ashes, rubbish, garbage and other collected material by such means and in such manner that no material, solid or liquid, shall escape and drop upon the ground. If material is spilled, it shall be immediately cleaned up. When truck is fully loaded, contents shall be carefully secured by a heavy metal covering.

§ 12-6.4 Driver's and Collector's Conduct.

[Ord. #60-0-315; 1967 Code § 46-5]

Drivers and collectors shall at all times be courteous, sober and responsible, and shall wear a badge identifying the individual by serial letter, number or name, as the Mayor and Council shall approve.

§ 12-6.5 Handling of Receptacles.

[Ord. #60-0-315; 1967 Code § 46-6]

All avoidable noise shall be prevented in the making of collections. Containers and lids shall be properly and carefully replaced on the premises where collected.

§ 12-6.6 Proof of Licensed Dumping Grounds Required.

[Ord. #60-0-315; 1967 Code § 46-7; Ord. #68-482]

The proposed scavenger service shall be required to submit and file a letter from the Mayor and Council or the Board of Health of the Municipality in which the dumping grounds are located, certifying that the dumping grounds and area are duly licensed as a dumping ground.

The proposed scavenger service shall be required to own his own dumping ground or disposal facilities, or submit satisfactory evidence from the owner of the dumping ground of a dumping license or permit, which license or permit shall be for a term commensurate with the term of the license, which shall be filed with the Mayor and Council.

§ 12-6.7 Collections.

[Ord. #60-0-315; 1967 Code § 46-8; Ord. #68-472; Ord. #70-524; Ord. #71-542]

Collections shall be made twice a week as shall be approved by the Mayor and Council, except that no collection shall be made on Sundays and that a licensed garbage and refuse collector shall not be obliged to collect garbage on the following holidays: New Year's Day, Martin Luther King Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Since a majority of such holidays fall on a Monday, any licensed garbage and refuse collector shall, each year, alternate the days of the collections of the residents of the Borough.

§ 12-6.8 Change in Collection Schedule.

[Ord. #60-0-315; 1967 Code § 46-9]

The scavenger service shall advise its customers of changes or omissions in collections not less than three days nor more than five days in advance of such collection. Such change shall be posted on the bulletin board of the Mayor and Council and published in the official paper if time permits. The licensee shall use any other means necessary to advise customers of such change in collection.

§ 12-6.9 Type of Collections.

[Ord. #60-0-315; 1967 Code § 46-11]

The scavenger service shall be required to perform all the types of service required by the Mayor and Council, to wit: collection at the curb, side- or rear-yard collection.

§ 12-6.10 Local Representative Required.

[Ord. #60-0-315; 1967 Code § 46-12]

The scavenger service shall designate a person having a local exchange who shall be authorized to act on complaints and transact business and who shall see that such complaints receive prompt and proper attention.

§ 12-6.11 Board of Health to Supervise.

[Ord. #60-0-315; 1967 Code § 46-13]

The scavenger service shall be under the supervision of the Board of Health or any other agent designated by the Mayor and Council.

§ 12-6.12 Schedule of Charges To Be Filed.

[Ord. #60-0-315; 1967 Code § 46-14]

Each licensee shall file with its application for a license a schedule showing the amount of the proposed charge to each householder or commercial and industrial establishment for such services, which, however, shall not exceed the maximum herein set forth.

§ 12-6.13 Liability Insurance.

[1967 Code § 46-16; Ord. #68-472]

The scavenger service shall deliver to the Mayor and Council a liability insurance policy which shall remain in force at all times in the following amounts:

Comprehensive bodily injury: $100,000/$300,000.

Comprehensive property damage: $25,000/$50,000.

Automobile bodily injury: $200,000/$600,000.

Automobile property damage: $25,000.

§ 12-6.14 Fees to Householders.

[Ord. #60-0-315; Ord. #63-315A-420; 1967 Code § 46-18; Ord. #68-472; Ord. #70-524]

The scavenger service shall charge each householder for services rendered the following fees established for various types of collection:

Residential Collection.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

Curb Collection. Garbage, paper, trash with ashes and all other types of materials other than rocks, earth, tree stumps, wood and waste building materials: $3.50 a month.

Commercial and Industrial Collection. The rates for commercial and industrial accounts shall be set by agreement between the scavenger service and patron. If no agreement can be reached, the rate shall be established by the Mayor and Council. The rate will be a minimum of $5 per month or $0.45 per can, whichever rate is greater, but never less than $5 per month.

No scavenger service shall, during the period for which license is granted, increase the rates herein established.

§ 12-6.15 Contracted Collection of Solid Wastes.

[1967 Code § 46-24; Ord. #75-638; Ord. #78-729]

The governing body is authorized to enter into a contract with any scavenger for the collection of solid wastes not contemplated under subsection 12-6.14, paragraph a.

Solid wastes provided for collection under this subsection shall include all waste material other than industrial wastes and lawn clippings.

A contract under the terms of this subsection may extend for a term not to exceed three years.

Payments to the contract scavenger shall be provided for monthly.

Solid waste collection under contract shall be made during the first week of the months of January through October, inclusive, and all weekdays between November 15 and December 15.

Contracts for collection of solid wastes contemplated by this subsection may be awarded to the lowest responsible and qualified bidder in the manner provided by N.J.S.A. 40A:11-1 et seq.

Residents shall place solid waste to be collected only as scheduled on weekdays during the first week of the months of January through October and on weekdays between November 15 and December 15.

Bidder Qualifications:

Be qualified for a license under the Department of Environmental Protection.

Shall own sufficient trucks as required under subsection 12-6.2.

Shall submit evidence from a surety company duly authorized to operate in the State of New Jersey that a performance bond in an amount equal to 1 1/2 times the offered contract price will be issued in support of the bidder's bid or, in the alternative, the bidder shall agree to a 5% monthly retainage from all moneys due and owing for each year of service.

Shall submit certificates as to insurance as provided in subsection 12-6.13, which certificate shall certify that such insurance is primary, and any insurance carried by the Borough shall be excess insurance for any claims arising out of contract under this subsection.

Restrictions on Solid Waste Placed at Curbside for Collection Under Contract:

Doors shall be removed from all refrigerators.

Shall be limited in lengths to four feet.

Leaves and garden waste (other than lawn clippings) shall be securely bundled in disposable containers.

No lawn clippings shall be placed at curbside for collection.

Bundles of waste shall not exceed 60 pounds.

Tree limbs, sticks, twigs and lumber shall be tied in bundles convenient for handling by one person.

§ 12-6.16 Dumpsters and Other Refuse Containers.

[Ord. #10-Code-627, §§ I - VI]

Purpose. The purpose of this subsection is to require 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 Oakland and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

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.

Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Oakland or other public body, and is designed and used for collecting and conveying stormwater. Note: In municipalities with combined sewer systems, add the following: "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."

DESIGNATED RECYCLABLE MATERIALS

Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

REFUSE CONTAINER

Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

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.

WATERS OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Prohibited Conduct. 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 Oakland.

Exceptions to Prohibition.

Permitted temporary demolition containers.

Litter receptacles (other than dumpsters or other bulk containers).

Individual homeowner trash and recycling containers.

Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

Enforcement. This subsection shall be enforced by the Police Department and Board of Health of the Borough of Oakland.

Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine of $100 to $1,000.

§ 12-7 RECYCLING. [1]

[1]

Editor's Note: Ordinance No. 14-Code-710 amended Section 12-7 in entirety. Source history includes Ord. Nos.: 88-128, 88-132, 89-147, 89-151, 89-173, 90-207, 91-240, 94-289, 95-299, 09-Code-590, 09-Code-616, 11-Code-651.

§ 12-7.1 Purpose.

[Ord. No. 14-Code-710]

It is the purpose of this section to comply with the mandatory, state-wide recycling program, L. 1987 Chapter 102 and the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq.

§ 12-7.2 Definitions.

[Ord. No. 14-Code-710]

As used in this section, the following terms have the meanings indicated:

CORRUGATED

Shall mean structural materials shaped in parallel furrows and ridges for rigidity, used to make packing and shipping containers.

Shall mean those recyclable materials, including metal, glass, paper or plastic containers, food and waste, corrugated and other cardboard, newspaper, magazines, household generated batteries, or high grade office paper designated in this section to be source separated.

DISPOSITION OR DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS

Shall mean the transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months of designated recyclable materials for all possible uses except for disposal as solid waste.

DWELLING UNIT

Shall mean and include a one-family, a two-family and multi-family residences.

ELECTRONIC WASTE

Shall mean computer central processing units and associated hardware including keyboards, modems, printers, scanners, fax machines, cathode ray tube devices, flat panel display or similar video display device, including televisions and cell phones.

FERROUS METAL SCRAP

Shall mean and include all items made of steel, cast-iron, tin-plated steel and white goods (such as stoves and refrigerators).

GLASS

Shall mean and include all products made from silica or sand, soda ash and limestone (the product being used for packaging or bottling of various matter) and all other material known by this term, excluding however, blue, white and "flat" glass commonly known as window glass.

HIGH GRADE OFFICE PAPER

Shall mean typing and ledger paper, note pad paper, copier paper and file folders.

MAGAZINES

Shall mean and include all magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as "newsprint".

MUNICIPAL SOLID WASTE STREAM

Shall mean all residential, commercial and institutional solid waste generated within the boundaries of the Borough, as measured in tons.

NEWSPAPERS

Shall mean and include paper of the type commonly referred to as "newsprint".

NONFERROUS METAL SCRAP

Shall mean and include all items made of aluminum, copper, lead or brass.

PAPER

Shall mean and include all newspaper, high grade office paper, magazines, books, cardboards and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.

PAPER PRODUCT

Shall mean any paper item or commodities, including but not limited to paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coating or saturants.

PERSONS

Shall mean and include all individuals, partnerships, corporations, owners, tenants, lessees, firms, societies, schools, churches and associations, either profit or nonprofit, within the Borough.

PLASTIC CONTAINERS

Shall mean every household plastic container is labeled, at the bottom or undersigned, with a number. The number is found within three chasing arrows.

RECYCLABLE MATERIAL

Shall mean those materials which would otherwise become municipal solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLABLE PAPER PRODUCT

Shall mean any paper product consisting of not less than 50% secondary waste paper material.

RECYCLED PAPERS

Shall mean any paper having a total weight consisting of not less than 50% secondary waste paper materials.

RECYCLING

Shall mean any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING CENTER

Shall mean any facility designed and operated solely for receiving, storing, processing and transferring source separated, nonputrescible or source separated commingled nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard or other recyclable materials approved by the Department of Environmental Protection.

RECYCLING COORDINATOR

Shall mean the person appointed by the Mayor and Council who shall be authorized to coordinate the Borough's Recycling Program and assist with the enforcement of the provisions of this section.

RECYCLING SERVICES

Shall mean the services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale or disposition, or any combination thereof, of recyclable materials.

SOURCE SEPARATED RECYCLABLE MATERIALS

Shall mean recyclable materials, including but not limited to paper, metal, glass, food waste, office paper, household generated batteries and plastic which are kept separate and apart from residential, commercial and institutional solid waste by the generator thereof for the purposes of collection, disposition and recycling.

§ 12-7.3 Oakland Recycling Coordinator.

[Ord. No. 14-Code-710]

There is hereby created the position of Oakland Recycling Coordinator.

§ 12-7.4 Designation of Recyclable Materials.

[Ord. No. 14-Code-710]

The following materials are designated as recyclable in the residential sector of the Borough, under the Oakland Mandatory Program:

Newspapers.

Corrugated cardboard.

Mixed paper.

Ferrous scrap.

White goods.

Glass containers.

Tin cans.

Aluminum cans.

Construction and demolition debris, including concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard.

10.

Leaves.

11.

Grass.

12.

Type 1 and Type 2 plastic containers.

13.

Electronic waste.

14.

Household generated batteries.

The following materials are designated as recyclable in the commercial section of the Borough, under the Oakland Mandatory Program:

Corrugated cardboard.

High-grade office paper.

Mixed paper.

Ferrous scrap.

White goods.

Aluminum cans.

Glass containers.

Construction and demolition debris, including concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard.

Type 1 and Type 2 plastic containers.

10.

Electronic waste.

§ 12-7.5 Mandatory Separation.

[Ord. No. 14-Code-710]

On or after the effective date of this section, it shall be mandatory for all persons who are owners, lessees and occupants of property in the Borough, to separate the recyclable materials designated in subsection 12-7.4 from all other solid waste.[1]

Generators of solid waste and recyclable materials shall keep all materials designated for source separation in this Municipal Recycling Ordinance stored separately from solid waste, and shall place these specified recyclable materials for collection in the manner provided by this section.

[1]

Editor's Note: This section was adopted December 22, 2014.

§ 12-7.5.1 Nonresidential Compliance.

[Ord. No. 14-Code-710]

All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.

The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor Utter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.

Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.

All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.

§ 12-7.6 Methods of Disposal for Residential Properties.

[Ord. No. 14-Code-710]

Paper and Commingled Recyclables. Paper and commingled recyclables will be collected together at curbside on a frequency to be determined periodically by the Governing Body. Recyclables shall be placed in reusable containers. Each container must have a lid and shall not exceed 50 pounds in weight.

Ferrous Metal Including White Goods. Collection of ferrous metal material, including domestic or household bulky items such as washing machines, refrigerators, stoves, household appliances and other metal household furnishings, shall be placed at the curb for collection on the first Thursday of every month, certain holidays excepted.

Residents seeking to dispose of any items containing refrigerant, including but not limited to refrigerators, freezers and air-conditioning units, must contact the Department of Public Works by noon on the Wednesday prior to curbside pickup so that these items may be disposed of properly.

Electronics Recycling. Electronic items will be collected on the first and third Wednesdays of each month, certain holidays excepted. Residents must contact the Department of Public Works by noon on the Tuesday prior to be added to the collection schedule.

Yard Waste. The owner, lessee or occupant of every property within the Borough shall source separate leaves and other yard waste from solid waste generated at the property. Leaves and other yard waste shall be placed in front of the property in biodegradable paper bags or reusable containers for collection at curbside in the months of April to December on a specific schedule to be determined annually by the Department of Public Works. The remaining months the leaves and yard waste must be held on site or disposed of by the owner, lessee or occupant in an otherwise legal manner.

§ 12-7.7 Authorization to Sell.

[Ord. No. 14-Code-710]

The Recycling Coordinator may be authorized from time to time to sell and deliver, by bid or by contract approved by the Mayor and Council, recyclable materials so collected in order to obtain the best possible price.

§ 12-7.8 Private Disposal of Recyclable Materials.

[Ord. No. 14-Code-710]

Nothing in this section shall be deemed to prohibit any owner, lessee or occupant of disposing of recyclable materials privately through a sale or gift provided that in no event shall such recyclable materials be left at the curb for any private pickup and further provided that in no event shall any recyclable materials be disposed of as part of the solid waste pick-up by the Borough of Oakland.

Any person, firm or corporation conducting collecting of garbage, refuse or recyclable materials from any dwelling, house, commercial or industrial facility shall provide annual tonnage reports to the Recycling Coordinator. The Recycling Coordinator shall notify any person, leasing or occupying property within the Borough and all private carters engaged in the collection of garbage, refuse or recyclable materials within the Borough of this requirement.

§ 12-7.9 Ownership After Placement at Curb.

[Ord. No. 14-Code-710]

From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough, such recyclable materials shall become of the property of the Borough. It shall be a violation to pick up or cause to be collected or picked up any such recycling materials for any purpose whatsoever once the same has been placed at the curb. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 12-7.10 Annual Report and Record Keeping and Reporting.

[Ord. No. 14-Code-710]

The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling in accordance with N.J.S.A. 13:1E-99.16e.

Commercial and institutional generators including multi-family housing owners or their agents shall report the tonnage of designated recyclable materials, as directed by the Municipal Recycling Coordinator.

§ 12-7.11 Referral to Planning Board.

[Ord. No. 14-Code-710]

This section shall be referred to the Planning Board of the Borough for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16c, specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to the Borough's Zoning Ordinance and Subdivision and Site Plan Ordinance in accordance with this section.

§ 12-7.12 Enforcement.

[Ord. No. 14-Code-710]

The Recycling Coordinator, Department of Health, Superintendent of the Department of Public Works, or a designee thereof, and Police Department are hereby authorized and directed to enforce this section.

§ 12-7.13 Notification to All Generators of the Source Separation Requirements of the Oakland Code.

[Ord. No. 14-Code-710]

The Recycling Coordinator shall, at least once every six months, notify all persons occupying residential, commercial and institutional premises within the Borough boundaries of local recycling opportunities, and the source separation requirements of this section. Such notification may include, but not be limited to direct mailings, letters, or newsletter articles posted in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to taxpayers, or any combination thereof.

§ 12-7.14 Source Separation Exemption.

[Ord. No. 14-Code-710]

The Governing Body of the Borough may exempt persons occupying commercial and institutional premises within its municipality boundaries from the source separation requirements of this Recycling Ordinance if those persons have otherwise provided for the recycling of recyclable materials designated in the district recycling plan from solid waste generated at those premises. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator annually shall provide written documentation to the Borough of the total number of tons recycled in accordance with the following:

The Recycling Coordinator shall develop and make available a form of model letter for persons who wish to apply for this exemption.

The Recycling Coordinator shall review the applicant's documentation of alternate provisions for the recycling of those materials designated in the district recycling plan that may be found in the solid waste generated at that location.

The Recycling Coordinator shall review the written reports submitted by the providers of this alternate service, and where required, the generators' annual written reports, of the total number of tons recycled.

The Recycling Coordinator shall ascertain that the recycling facilities receiving the exempted waste are permitted to perform that recycling.

If found to be sufficient to meet the requirements for issuance of an exemption, as detailed in an applicable municipal ordinance, the Recycling Coordinator shall issue the exemption approval in writing.

The Recycling Coordinator shall keep a record of all generators who have received the exemption, and the destination of the waste or identity of the waste transporters handling the waste, and shall report this list annually to the applicable County Recycling Coordinator.

The Recycling Coordinator shall revoke the exemption of a generator upon failure to meet the conditions of the exemption.

§ 12-7.15 Violations and Penalties.

[Ord. No. 14-Code-710]

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not less than $250, nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense.

§ 12-7.16 Fee for Recycling Containers.

[Ord. No. 14-Code-710; amended 10-12-2022 by Ord. No. 22-Code-894]

The fee to be charged to residents and/or businesses for 32 gallon recycling containers shall be $20.

§ 12-8 CONTAINERIZED YARD WASTE.

§ 12-8.1 Purpose.

[Ord. No. 05-Code-501 § 1; Ord. No. 14-Code-710]

The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Oakland so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 12-8.2 Definitions.

[Ord. No. 05-Code-501 § 1; Ord. No. 14-Code-710]

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.

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.

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.

YARD WASTE

Shall mean leaves and grass clippings.

§ 12-8.3 Prohibited Conduct.

[Ord. No. 05-Code-501 § 1; Ord. No. 14-Code-710]

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 the placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.

§ 12-8.4 Enforcement.

[Ord. No. 05-Code-501 § 1; Ord. No. 14-Code-710]

The provisions of this section shall be enforced by the Police Department and Board of Health.

§ 12-8.5 Violations and Penalties.

[Ord. No. 05-Code-501 § 1; Ord. No. 14-Code-710]

Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of $50 to $250.

§ 12-9 YARD WASTE COLLECTION PROGRAM.

§ 12-9.1 Purpose.

[Ord. #05-Code-502, § 1]

The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Oakland so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 12-9.2 Definitions.

[Ord. #05-Code-502, § II]

CONTAINERIZED