[1974 Code § 3-4.1; Ord. No. 80-3; Ord. No. 88-20 § 1; Ord. No. 89-30 § 1; Ord. No. 00-8 § 1]
A lack of disposal areas and other causes have resulted in greatly increased costs in the pickup and disposal of ashes, garbage and refuse by the Borough so as to tender it financially impossible for the Borough to collect and dispose of all such ashes, garbage and refuse within the Borough. It is the desire and intent of the Borough, within the discretion vested by the laws of the State of New Jersey, to provide a limited municipal refuse collection program to owner-residents of private homes within the Borough who would otherwise find themselves unable to dispose of ashes, garbage and refuse. Expansion of such a discretionary municipal service beyond these limits would create a prohibitive financial burden on the resources of the Borough. The Borough therefore provides for the collection and disposal of ashes, garbage and other refuse through its own agents, employees and equipment to owners and residents of the following, as such are defined in Chapter 25, Zoning, of the Revised General Ordinances of the Borough of Fairview:
a.
Dwelling, one family;
b.
Dwelling, two family;
c.
Dwelling, multifamily, provided however that such dwelling shall
consist of not more than 10 dwelling units.
This section shall not be retroactively applied to owners and
residents of buildings including multifamilies within the Borough.
The Borough shall continue to provide for the collection and
disposal of ashes, garbage and other refuse through its own agents,
employees and equipment to all owners and residents of buildings including
multifamilies of which the Borough was providing the service prior
to the adoption of Ordinance No. 88-22 entitled "Collection of Ashes,
Garbage and Refuse." As of the date of the lawful publication of Ordinance
No. 88-22, the terms and conditions contained therein shall control
regarding the collection and disposal of ashes, garbage and refuse
with respect to new or converted multifamily dwellings within the
Borough.
Nothing contained herein shall preclude any person, whether
or not such person is subject to collection of ashes, garbage, and
refuse by the Borough pursuant to this section, from contracting privately
for such collection as provided for under the laws of the State of
New Jersey.
[1974 Code § 3-4.2]
No ashes, garbage, paper or other refuse or waste materials
of any kind shall be thrown upon any street, avenue or other public
place within the limits of the Borough.
[1974 Code § 3-4.3; Ord. No. 04-30; Ord. No. 07-2]
All ashes, garbage, paper or other refuse or waste materials
of any kind shall be placed in galvanized metal cans, which cans shall
be provided with a cover, and which cover shall be kept in its proper
position on the cans at all times when such can or cans are placed
in any public street or place awaiting collection and disposal, provided,
however, that separate cans shall be provided for ashes, and no ashes
shall be mixed with garbage or other refuse or waste materials. All
garbage for collection shall be placed at the curb no earlier than
5:00 p.m. the night before and must be removed no later than 3:00
p.m. the day of collection. No garbage and/or refuse may be picked
up by a private company before 6:00 a.m. on the scheduled collection
dates.
[Ord. No. 09-26 § 19.1]
A system for the collection, removal and disposal of ashes,
trash, and garbage rubbish is hereby established. The system shall
be conducted by the Division of Sanitation in the Department of Public
Works in accordance with the rules and regulations approved by the
Council and amended from time to time.
[Ord. No. 09-26 §§ 19.12,
19.4]
a.
All solid waste shall be collected from the curbside in front of
residential premises, schools and churches and all other places, except
where rules and regulations provide otherwise. Receptacles shall be
supplied by each householder, church or school. After being emptied,
the receptacles shall be returned to the area where found. Primary
administrative supervision shall be under the control of the Superintendent
of the Department of Public Works or his designee.
b.
In the case of heavy or bulky objects such as electrical appliances
and large items of household furnishings, collections shall be made
in accordance with a schedule as established by the Division of Sanitation
and approved by the Council. No heavy or bulky objects shall be placed
at curb for collection except in compliance with the rules for collection
of such objects as established by the Division of Sanitation.
c.
The removal of debris and other building materials resulting from
construction of new buildings or structures or alternation or renovation
of existing buildings or structures shall be the responsibility of
the contractor performing the work and the individual homeowner. No
such materials shall be collected by the Division of Sanitation.
d.
Commercial landscapers, tree surgeons, arborists, gardeners or horticulturists
performing services within the Borough shall be required to remove
all trimmings, branches, trees, stumps, clippings and other debris
or waste material from the service performed by them.
e.
Waste materials resulting from manufacturing or processing operations
shall be the responsibility of the producing agency. No such waste
shall be collected by the Division of Sanitation.
[Ord. No. 09-26 § 19.3]
Collection of garbage, trash and the like shall be made at least
twice each week in accordance with a schedule and regulations to be
established by the Department of Public Works and approved by the
Council.
a.
Storage of Waste for Collection.
1.
All garbage shall be stored and collected from sanitary, watertight,
covered containers which shall not be filled to a level higher than
the top of the container.
2.
Ashes, garden refuse and trash shall be collected from containers
weighing not more than 60 pounds each or tied bundles not exceeding
60 pounds.
[Ord. No. 09-26 § 19.4]
The provisions of this section shall be enforced by the Department
of Public Works.
[Added 10-18-2022 by Ord. No. 22-10]
a.
Every owner, lessee or person in control of a commercial/business
establishment shall provide for the removal of waste by a private
carter licensed by the State of New Jersey for the collection of solid
waste.
b.
Each owner, lessee or person in control of a commercial/business
establishment shall contract with a licensed private contractor for
the removal of solid waste and shall provide the Borough of Fairview
with a copy of the contract on an annual basis on or before February
1st.
c.
This section shall not apply to (1) unimproved or vacant property
or premises generating infrequent waste or insignificant amounts of
waste; and (2) home occupations. The Borough of Fairview shall have
the authority to determine what constitutes infrequent waste or insignificant
amounts of waste in specific cases.
d.
Any person, firm or corporation violating the provisions of this
subsection shall be liable to a maximum penalty at the discretion
of the Judge of the Municipal Court of the Borough of Fairview of
not more than $500 for the first offense and of not more than $1,000
for each and every subsequent offense and a period of community service
not exceeding 90 days.
[1974 Code § 3-18.1; Ord. No. 75-9; Ord. No. 88-7 § 2; Ord. No. 97-14]
As used in this section:
Shall be deemed to include all disposable containers fabricated
primarily of aluminum and commonly used for soda, beer, or other beverages,
and usually having a capacity of between seven and 16 ounces.
Shall be deemed to include a one family home, two family
home, multifamily home and apartments.
Shall be deemed to include all products made from silica
or sand, soda ash and limestone, the product being transparent or
translucent and being used for packaging or bottling of various matter
and all other materials commonly known as glass (excluding, however,
blue and flat glass commonly known as window glass).
Shall mean all periodicals containing printed matter or pictures
on glossy stock or paper of heavier quality than newsprint or newspapers.
It is important to note that magazines are not to be considered as
"used newspapers."
Shall mean magazines, catalogs, color inserts, envelopes,
junk mail, sweepstake forms, school papers, office paper, nonmetallic
wrapping paper, real estate books and NCR paper.
Shall be deemed to mean such other articles, materials, trash,
rubble, dirt, rocks, lumber, iron and steel, wiring, fences and all
other things not specifically described in the definitions of this
section.
Shall be deemed to include all garbage and rubbish normally
placed by the residents and commercial occupants of the Borough for
regular municipal collection.
Shall be deemed to include paper of the type commonly referred
to as newsprint and distributed at stated intervals, usually daily
or weekly, having printed thereon news and opinions and containing
advertisements and other matters of public interest.
Shall be deemed to include all metal appliances, stoves,
refrigerators, air conditioners and similar types of bulk objects.
[1974 Code § 3-18.2; Ord. No. 75-9; Ord. No. 88-7 § 3; Ord. No. 09-5]
There is hereby established a program for the mandatory separation,
collection and recycling of used newspapers, aluminum, and glass within
the Borough for the purpose of resale or disposal of same by the Borough
for recycling purposes.
All owners, lessees or occupants of dwelling units and all commercial
and other business occupants shall be required from the effective
date of this section to separate from their solid wastes or trash
all used newspapers, aluminum and glass which shall be picked up and
disposed of separately by employees or such other persons or organizations
who may be duly authorized by the Borough, such separation shall be
in accordance with the following terms and conditions:
a.
The following materials are to be designated as mandatory recyclables
for the residential sector: ferrous scrap, leaves, white goods, tin
cans, grass, construction and demolition debris (concrete, brick,
tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard,
where practical), corrugated cardboard, mixed paper, type 1 and 2
plastic containers.
b.
The following materials are to be designated as mandatory recyclables
for the commercial sector: corrugated cardboard, high-grade office
paper, glass beverage containers; ferrous scrap, white goods, aluminum
cans, mixed paper, construction and demolition debris (concrete, brick,
tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard,
where practical) and type 1 and 2 plastic containers.
c.
Used newspapers, glass and aluminum shall be kept separate from and
not mixed with the regular refuse which is collected by the Borough.
d.
Used newspapers, glass and aluminum as described in paragraphs a,
b, and c, above shall not remain, in the case of one and two family
houses, at the house or garbage pick-up location for other refuse,
but instead, shall be placed by the owner, lessee or occupant at the
curb on such days as are designated by the Borough, provided that
if on such designated day no pickup by the Borough is made due to
inclement weather, lack of manpower, holiday, or any other reason,
then such items shall be placed at the curb the following day, or,
in the alternative, may be brought to designated Borough DPW drop-off
site at the Borough garage. In the case of other dwelling units, such
as apartment houses, and in the case of all commercial and other business
occupants, the owner or manager of the multi-dwelling units and of
commercial and other business occupants shall insure that a special
place is designated for the storage of the used newspapers, glass
and aluminum and all lessees of the dwelling units shall be required
to separate such items and place same in the designated place as aforesaid;
the owner or manager of the multi-dwelling units shall notify the
Department of Public Works Superintendent of the location of the area
(which shall also be satisfactory to the Borough Fire Marshal) and
the Department of Public Works, when called upon to do so by the manager
of the multi-dwelling unit.
e.
Placement of used newspaper, glass and aluminum shall not be made
at the curb prior to 7:00 a.m. of the date for pickup nor later than
9:30 a.m. of the date of pickup.
[1974 Code § 3-18.3; Ord. No. 75-9]
Under emergency conditions the time and place of pickup as otherwise prescribed in subsection 19-2.2 may be varied by resolution of the Mayor and Council of the Borough with notice to the residents given by use of the Borough sound truck or other means of publication.
[1974 Code § 3-18.4; Ord. No. 75-9; Ord. No. 88-7 § 5]
Collection from the curbside or elsewhere of used newspapers,
glass and aluminum shall be made by Borough employees or by other
duly authorized persons or organizations or by contract for outside
services as directed by the Mayor and Council with primary administrative
supervision being under the control of the Superintendent of the Department
of Public Works subject to the approval of the Mayor and Council.
[1974 Code § 3-18.5; Ord. No. 75-9; Ord. No. 88-7 § 6]
The Superintendent of the Department of Public Works with the
approval of the Mayor and Council is authorized by bid or by contract
approved by the Mayor and Council, or to permit a designated charitable,
nonprofit, or volunteer group or organization, to pick up the used
newspapers, glass and aluminum as described in this section for disposal
in accordance with this section.
[1974 Code § 3-18.6; Ord. No. 75-9; Ord. No. 88-7 § 7]
The Superintendent of the Department of Public Works, or such
other group or organization as may be authorized to make pickups in
accordance with this section, shall deliver all used newspapers, glass
and aluminum to such recycling center or location as shall have been
previously selected and approved by the Mayor and Council. All payments
for used newspaper, glass and aluminum shall be sent directly to the
Superintendent of the Department of Public Works, c/o Borough Hall,
59 Anderson Avenue, Fairview, New Jersey 07022. The Borough Treasurer
shall report all receipts along with copies of same to the Mayor and
Council and the recycling coordinator in order to maintain complete
recycling file.
[1974 Code § 3-18.7; Ord. No. 75-9; Ord. No. 88-7 § 8]
From the time of placement at the curb by any person of used newspapers, glass and aluminum for collection by the Borough pursuant to this section, such used newspapers, glass and aluminum shall be and become the property of the Borough. It shall be a violation of this section for any person unauthorized by the Superintendent of Public Works to collect or pick-up any such used newspapers, glass or aluminum for any purpose whatsoever once same has been placed at the curb or elsewhere as required by this section since private disposal thereof must be done in accordance with the terms of subsection 19-2.6. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. No. 75-9; Ord. No. 95-18]
a.
Any person, firm or corporation violating the provisions of subsections 19-2.2 and 19-2.6 shall be liable to maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Fairview of not more than $250 for the first offense and of not more than $500 for each and every subsequent offense.
b.
Any person, firm or corporation violating the provisions of subsection 19-2.7 shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough of Fairview of not more than $500 for the first offense and of not more than $1,000 for each and every subsequent offense and a period of community service not exceeding 90 days.
[1974 Code § 3-18.9; Ord. No. 88-7 § 10; Ord. No. 90-11 § 1]
All owners, lessees or occupants of single-family dwelling units and all owners or managers of multi-family dwelling units shall be required to collect and set out leaves for pick-up by the Department of Public Works or by such other group or organization as may be authorized to make pick-ups by the Mayor and Council. Leaves shall be collected and set out for pick-up at such dates and times and in such location and manner as set forth in Section 7-14 of Chapter 7 of the Revised General Ordinances of the Borough of Fairview. The provisions of subsection 19-2.4 through 19-2.8 concerning pick-up, disposal, property of Borough violation and penalties as to used newspaper, glass and aluminum shall apply to leaves set out for pick-up in accordance with this subsection.
[Ord. No. 05-22 §§ I
— III]
a.
Purpose. The purpose of this subsection is to establish requirements
for the proper handling of yard waste in the Borough of Fairview,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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 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.
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.
Shall mean leaves and grass clippings.
c.
Prohibited Conduct. The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this subsection.
[Ord. No. 05-23 §§ I
— V]
a.
Purpose. The purpose of this subsection is to establish a yard waste
collection and disposal program in the Borough of Fairview, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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 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.
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.
Shall mean leaves and grass clippings.
c.
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven days prior to a scheduled and announced
collection, and shall not be placed closer than 10 feet from any storm
drain inlet. Placement of such yard waste at the curb or along the
street at any other time or in any other manner is a violation of
this subsection. If such placement of yard waste occurs, the party
responsible for placement of the yard waste must remove the yard waste
from the street or said party shall be deemed in violation of this
subsection.
d.
Enforcement. The provisions of this subsection shall be enforced
by Department of Health.
e.
Violations and Penalties. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to a fine not
to exceed $1,000 or imprisonment for a period not to exceed 90 days
or both.
[1974 Code § 3-18.10; Ord. No.
88-7 § 11]
White goods" are hereby defined as all heavy household or commercial items constructed of metal, wood, or other substance not ordinarily disposed of in regular trash collections, including but not limited to refrigerators, stoves, sinks, bathroom fixtures, bed frames, furniture, and the like. Persons desirous of disposing of white goods shall make arrangements with the Department of Public Works for the pick-up of such goods by contacting the DPW Borough garage for an appointment for the collection of such goods. White goods shall not be set out for collection other than on such dates as such appointment for the collection of such goods have been made. The provisions of subsections 19-2.7 and 19-2.8 concerning violations and penalties shall apply to white goods set out for pick-up and collection in accordance with this subsection.
[Ord. No. 88-7 § 12; Ord. No. 98-25]
There is hereby created the position of Recycling Coordinator,
who shall serve and shall be appointed by the Mayor with the advice
and consent of the Borough Council. The Recycling Coordinator shall
be responsible for planning, coordinating, and assisting in the implementation
of this section. It shall be permissible to appoint more than one
person to the position of Recycling Coordinator, in which case each
person so appointed shall be deemed to be a Recycling Coordinator.
The person or persons so appointed shall serve at the discretion of
the Mayor and Council.
[Ord. No. 95-18]
The Borough's commercial and industrial entities shall separate
used newspapers, corrugated cardboard and aluminum cans and arrange
with the Borough for their collection through such persons or haulers
authorized by the Fairview Recycling Coordinator.
a.
Gasoline station operators, repair garages, automobile dealers and
tire distributors are required to provide their own means of disposition
of tires as these will not be picked up by the Department of Public
Works or its authorized agents.
[Ord. No. 95-18]
Any owner, lessee or occupancy of any dwelling unit, public
or private institution and commercial or industrial establishment,
actively participating in a recycling program within the Borough of
Fairview, or its authorized agent, shall submit monthly verifications
of the tonnage of materials recycled.
The monthly verification shall be submitted to the Recycling
Coordinator no later than 20 days following the end of the month after
inception of this program. Failure to do so may cause the program
to be terminated at the option of the Borough Recycling Coordinator.
[Ord. No. 95-18]
The Police Department, the Department of Code Enforcement, the
Recycling Coordinator, Mayor, Council and/or the Director of the Department
of Public Works are hereby authorized and directed to enforce this
chapter and amendments thereto.
[Ord. No. 95-18]
The Mayor and Council may, by resolution, establish additional
rules and regulations covering the collection and disposal of ashes,
trash, refuse, garden refuse and garbage. The rules and regulations
upon promulgation shall be posted on the bulletin board maintained
by the Borough of Fairview and published in a newspaper acceptable
for general legal advertisement by the Borough of Fairview.
[Ord. No. 95-18]
a.
Effective April 1, 1997, it shall be mandatory for all owners, lessees
and occupants of business and/or commercial properties to separate
corrugated cardboard, glass bottles, high-grade paper, batteries and
ferrous metal produced by such business or commercial properties for
private collection/deposit and the ultimate recycling of the material.
b.
Designation of Recyclable Materials.
1.
Mandatory. The following are identified as mandatory recyclable materials.
c.
Separation, Collection and Disposal Methods of Designated Recyclable
Materials.
1.
Aluminum (mandatory) must be separated and disposed of by a private
scavenger.
2.
Automotive waste oil (mandatory) shall be separated and disposed
of by a private scavenger.
3.
Corrugated cardboard (mandatory) shall be separated and disposed
of by a private scavenger.
4.
Ferrous metal (white metal) (mandatory) shall be separated and disposed
of by a private scavenger.
5.
Glass (mandatory) shall be disposed of either by a private scavenger
or disposed of in receptacles provided at the municipal recycling
center.
6.
High-grade office paper (mandatory) shall be separated and disposed
of by a private scavenger.
7.
Newspapers (mandatory) may be separated and disposed of by either
a private scavenger or disposed of in receptacles provided at the
municipal recycling center.
8.
Batteries (mandatory) shall be disposed of by either a private scavenger
or disposed of in receptacles provided at the municipal recycling
center.
[Ord. No. 95-18]
a.
Effective April 1, 1997, it shall be mandatory for all private, public
and governmental institutions and buildings to separate high-grade
office paper produced by such institutions for private garbage collection
and the ultimate recycling of materials. High-grade office paper (mandatory)
shall be separated and disposed of by a private scavenger.
b.
Private Scavenger Contracts. If the institutional user is either
unable or unwilling to secure a market and collector for designated
mandatory recyclable materials, the Borough of Fairview, through its
Recycling Coordinator, may secure such markets and enter into contracts
on behalf of the institutional user for the collection and disposal
of designated recyclable materials; provided, however, that the institutional
user shall be responsible for any and all expenses associated with
the contract.
[Ord. No. 95-18]
a.
Applicability. This subsection of the section shall be applicable
to the demolition of any structure and shall include, but not be limited
to, construction debris, demolition debris, roofing debris, trees,
including stumps, branches and shrubbery and grass clippings.
b.
Posting of Security. Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the Construction Official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of $3,000 for one and two family homes and accessory buildings, and $10,000 for all other buildings. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with subsection 19-2.18a, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional 10 days.
c.
Municipal Recycling Tonnage Application. Within five days after completion
of demolition of any building or structure, the applicant shall cause
to be filed with the Recycling Coordinator of the Borough, a municipal
recycling tonnage application commercial business form and accompanying
documentation. Such form shall be available, and be filed with the
Recycling Coordinator of the Borough. In the event any person, including
an owner, contractor or builder, during the course of a demolition
activity shall discover the existence of recyclable items, shall be
reported and duly documented in accordance with this section and the
Recycling Coordinator shall be notified.
d.
Failure to Submit Documentation. In the event within 30 days after demolition of the building or structure, the Recycling Coordinator has not received the required documentation pursuant to subsection 19-2.18b, and the Construction Official has been notified in writing of the commencement of litigation and the Court in which such litigation has commenced, and that the litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the Construction Official shall forthwith transmit such security bond to the Court Administrator involved for disposition of the matter.
