Borough of Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[The authorization for a local board of health to enact health ordinances is contained in R.S. 26:3-64. The authority for a board of health to adopt the Retail Food Establishment Code by reference is derived from R.S. 26:3-69.1, et seq.]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by any enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred in such removal or abatement and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the code annexed is hereto and made a part hereof without the inclusion of the text thereof herein.
The code established by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)", and any amendments thereto.
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the borough clerk's office and will remain on file there for the use and examination of the public.
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violation is hereby adopted, pursuant to R.S. 26:3-69.1. A copy of the code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The code established and adopted by this section is described and commonly known as the "Swimming Pool Code of New Jersey, 1955" or any amendment thereto.
Three copies of the Swimming Pool Code of New Jersey, 1955, have been placed on file in the borough clerk's office and will remain on file for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming pool until permits therefore are issued by the borough council.
Permits issued for the operation of a swimming pool shall expire annually on December 31.
Permits required by this chapter may be denied or suspended by the council for failure to comply with this chapter.
The council shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing; and following this to be informed of its decision.
[Ord. 1/6/66, Art. V, § 1; Ord. No. O-2017-18]
A code regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations as hereby established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
[Ord. 1/6/66, Art. V, § 2; Ord. No. O-2017-18]
The code established and adopted by this section is described and commonly known as the "Retail Food Handling Establishment Code of New Jersey, 1965", and any amendments thereto.
[Ord. 1/6/66, Art. V, § 3; Ord. No. O-2017-18]
Three copies of the Retail Food Handling Establishment Code of New Jersey, 1965, have been placed on file in the Borough Clerk's office for the use and examination of the public.
[Ord. 1/6/66, Art. V, § 4; Ord. No. O-2017-18]
a. 
Required; Posting of License. No person shall operate a retail food handling establishment unless a certificate or approval of an existing certificate, permit or license to operate same is issued. Such certificate or approval of an existing certificate, permit or license shall be posted in a conspicuous place in such establishment.
b. 
Fee. The Monmouth County Board of Health (MCHB) does not charge fees for the initial inspection of retail food establishments. However, the MCBH shall charge fees for the reinspection of retail food establishments. Failure to submit reinspection fees within 30 days upon receipt of the fee notice will result in the issuance of a summons for appearance in Municipal Court and the requirement to pay a penalty fee of not less than $100 in addition to the reinspection fee.
[Amended 2-5-2020 by Ord. No. O-20-03]
Type
Fee
Retail food establishment - reinspection
First reinspection
$100
Second reinspection within two years
$250
Third reinspection within two years
$500
Retail food establishments (N.J.A.C. 8:24 et seq.) new facility/plan review
Retail food category - Risk 1
$25
Retail food category - Risk 2
$75
Retail food category - Risk 3
$100
Retail food category - Risk 4
$200
c. 
Expiration. Certificates issued or approved under the provisions of this chapter shall expire annually on December 31 and application for renewal thereof shall be submitted together with the required fee prior to January 1 of each year.
d. 
Itinerant License. A person conducting an itinerant retail food handling establishment shall secure a certificate or if such person is the holder of a certificate, permit or license issued by the Board of Health or governing body of another jurisdiction, the certificate, permit or license may be approved by the Council and there shall be a fee of $5 charged for approval.
e. 
Suspension and Revocation. A certificate or approval of certificate, permit or license, may be suspended or revoked for violation by the holder of any provision of this chapter or code after an opportunity for a hearing by the Council or its authorized representative.
f. 
Transferability. A certificate or approval of a certificate, permit or license issued by another board of health or borough council is not transferable.
[Ord. 0-91-02; Ord. 0-95-02, § 1; Ord. O-08-03; Ord. No. O-2017-18; Ord. No. O-2018-18]
a. 
Purpose. The purpose of this subsection is to control discharges into the public sewerage collection system and wastewater treatment plan that interfere with the operations of the system, cause blockage and plugging of pipelines, interfere with normal operation of pumps and their controls, and contribute waste of a strength or form that either causes treatment difficulties or is beyond the treatment capability of the wastewater treatment plant.
b. 
Definitions.
FOOD SERVICE FACILITIES
Shall mean those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, undrinkable food product in or on a receptacle that requires washing. These facilities include restaurants, cafeterias, hotels, motels, hospitals, nursing homes, schools, grocery stores, prisons, jails, churches, camps, caterers, manufacturing plants, or any other sewer users as determined by the plumbing subcode official who discharge applicable waste. Exempted herefrom are self-contained single-family living units.
GREASE
Shall mean material composed primarily of fats, oil and grease (FOG) from animal or vegetable sources. The terms fats, oil, and grease shall be deemed as grease by definition. Grease does not include petroleum based products.
GREASE TRAP
Shall mean a device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.
OIL/WATER SEPARATOR
Shall mean an approved and industry standard system that is specifically designed and manufactured to separate oil from water. The system shall allow the oil to be collected and removed on a regular basis as to prevent it from being discharged into the wastewater collection system. Only oil/water separators manufactured for that specific operation will be approved. Adequate support literature from the manufacturer will be required so as to allow a proper review by the plumbing subcode official.
USER
Shall mean any person or establishment including those located outside the jurisdictional limits of the Borough who contributes, causes, or permits the contribution or discharge of wastewater into the Borough's wastewater collection or treatment system, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
c. 
Control Plan for (FOG) and Food Waste.
1. 
Any new construction, renovation, or expansion of food service facilities shall be required to submit to the Borough a FOG and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system.
2. 
Any existing food service facilities shall also be required to submit a FOG and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system. Existing facilities shall not be exempt from the requirements of this subsection. There will be no "Grandfathering."
3. 
The FOG and food waste control plan shall be subject to review and approval by the plumbing subcode official. Said plan shall address grease traps, commercial dishwashers, and any other appliance or fixture that discharges grease or FOG.
d. 
General Criteria.
1. 
Installation Requirements. All existing, proposed, or newly remodeled food service facilities inside the Borough of Highlands wastewater service area shall be required to install, at the user's expense, an approved, properly operated and maintained grease trap.
2. 
Sanitary Sewer Flows. Sanitary sewer flows from toilets, urinals, lavatories, etc. shall not be discharged into the grease trap. These flows shall be conveyed separately to the sanitary sewer service lateral.
3. 
Floor Drains. Only floor drains which discharge or have the potential to discharge grease shall be connected to a grease trap.
4. 
Garbage Grinders/Disposers. It is recommended that solid food waste products be disposed of through normal solid waste/garbage disposal means. If a grinder/disposal is used it must be connected to the grease trap. The use of grinders is discouraged since it decreases the operational capacity of the grease trap and will require an increased pumping frequency to ensure continuous and effective operation.
5. 
Dishwashers. Commercial dishwashers must be connected to the grease trap. Dishwashers discharge soap and hot water which can melt grease and allow it to pass through an undersized grease trap. Traps must be sized accordingly to allow enough detention time to allow water to cool and grease to solidify and float to the top of the trap.
6. 
Location. Grease traps shall be installed upstream from the sanitary sewer service lateral connection and pursuant to the specifications submitted to and approved by the plumbing subcode official. This will allow easy access for inspection, cleaning, and removal of the intercepted grease at any time. A grease trap may not be installed without written approval by the plumbing subcode official.
7. 
Pass Through Limits. No user shall allow wastewater discharge concentration from grease trap to exceed 100 MgPL (milligrams per liter) as identified by EPA method 1664A.
e. 
Design Criteria.
1. 
Construction. Grease traps shall be constructed in accordance with the National Standard Plumbing Code (2015) and shall have a minimum of two (2) compartments with fittings designed for grease retention. All grease removal devices or technologies shall be subject to the written approval of the plumbing subcode official. Such approval shall be based on demonstrated removal efficiencies of the proposed technology.
2. 
Access. Access to grease traps shall be available at all times, to allow for their maintenance and inspection.
3. 
Load-Bearing Capacity. In areas where additional weight loads may exist, the grease trap shall be designed to have adequate load-bearing capacity. (Example: vehicular traffic in driving or parking areas.)
4. 
Inlet and Outlet Piping. Wastewater discharging to a grease trap shall enter only through the inlet pipe of the trap. Each grease trap shall have only one (1) inlet and one (1) outlet pipe.
5. 
Grease Trap Sizing. All grease traps shall have a capacity of not less than one thousand (1,000) gallons nor exceed a capacity of three thousand (3,000) gallons. Grease traps shall be sized in accordance with the National Standard Plumbing Code (2015), Chapter 6.2.10. If the calculated capacity exceeds three thousand (3,000) gallons, multiple units plumbed in series shall be installed.
f. 
Grease Trap Maintenance.
1. 
Cleaning/Pumping. The user, at the user's expense, shall maintain all grease traps to assure proper operation and efficiency. Maintenance of grease trap shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids. This work shall be performed by a qualified and licensed hauler. Decanting or discharging of removed waste back into the trap from which it was removed or any other grease trap, for the purpose of reducing the volume to be disposed, is prohibited. This service shall also include a thorough inspection of the trap and its components. Any needed repairs shall be noted. Repairs shall be made at user's expense.
2. 
Cleaning/Pumping Frequency. The grease trap must be pumped out completely a minimum of once every four (4) months, or more frequently, as determined by the plumbing subcode official, as needed to prevent carry over of grease into the sanitary sewer system.
3. 
Disposal. All waste removed from each grease trap must be disposed of at a facility approved to receive such waste in accordance with the provisions of this program. In no way shall the pumpage be returned to any private or public portion of the Borough's sanitary sewer collection system. All pumpage from grease traps must be tracked by a manifest, which confirms pumping, hauling, and disposal of waste. The customer must obtain and retain a copy of the original manifest from the hauler.
4. 
Maintenance Log. A grease trap cleaning/maintenance log indicating each pumping for the previous twenty-four (24) months shall be maintained by each food service facility. This log shall include the date, time, amount pumped, hauler, and disposal site and shall be kept in a conspicuous location for inspection. Said log shall be made available to the plumbing subcode official or his representative upon request.
5. 
Submittal of Records. Each user shall submit all cleaning and maintenance records to the plumbing subcode official. The maintenance records shall include the following information:
(a) 
Facility name, address, contact person, and telephone number.
(b) 
Company name, address, telephone number, and contact name of person responsible for performing the maintenance, cleaning, pumping, or repair of grease trap.
(c) 
Types of maintenance performed.
(d) 
Dates maintenance was performed.
(e) 
Date of next schedule maintenance.
(f) 
Copies of manifests.
(g) 
The user shall be required to submit maintenance records to the plumbing subcode official and to the Department of Public Works on a biannual basis (twice per year). Records shall be submitted by March 1 and September 1 of each year. The records shall be submitted to:
Plumbing Subcode Official
Borough of Highlands
42 Shore Drive
Highlands, NJ 07732
and
Department of Public Works
Borough of Highlands
42 Shore Drive
Highlands, NJ 07732
(h) 
The plumbing subcode official, construction official or their designees within the Department of Buildings and Housing, and/or the Department of Public Works, will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing, or the Department of Public Works, the user shall be required to perform the maintenance and provide records of said maintenance within fourteen (14) calendar days. Upon inspection by the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing the user may be required to install, at his expense, additional controls to provide a complete system which prevents discharges of undesirable materials into the wastewater collection system.
g. 
Additives. Any biological additive(s) placed into the grease trap or building discharge line including, but not limited to, enzymes, commercially available bacteria, or other additives designed to absorb, purge, consume, treat, or otherwise eliminate fats, oils, and grease shall require written approval by the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing prior to use. The use of such additives shall in no way be considered as a substitution to the maintenance procedures required herein.
h. 
Chemical Treatment. Chemical treatments such as drain cleaners, acid, or other chemical solvents designed to dissolve or remove grease shall not be allowed to enter the grease trap.
i. 
Enforcement and Fines.
1. 
Recovery of Damages. When the discharge from a food service facility causes an obstruction, damage, or any other impairment to the treatment works, or causes any expense, fine, penalty, or damage of whatever character or nature to the Borough, the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing shall invoice the owner for same incurred by the Borough. If the invoice is not paid, the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing shall notify the Borough Attorney to take such actions as shall be appropriate to seek reimbursement.
2. 
Tampering. No food service facility may disconnect, reroute, or otherwise alter any connection to the grease trap without the written approval of the plumbing subcode official, construction official or their designees within the Department of Buildings and Housing.
3. 
Penalty. A violation of this subsection is subject to the penalty provisions of Section 3-9 of the General Ordinances of the Borough of Highlands.
4. 
Remedies Nonexclusive. The remedies provided for in this subsection are not mutually exclusive. The plumbing subcode official, construction official or their designees within the Department of Buildings and Housing, and code enforcement official may take any, all, or any combination of these actions against a noncompliant person.
j. 
Interfering with Inspection. No food service facility may unreasonably interfere with the inspection of its grease trap or maintenance logs. Anyone who unreasonably interferes with the inspection of a grease trap or its maintenance logs shall be subject to a fine of not more than two hundred fifty ($250.00) dollars.
[1]
Editor's Note: Former subsection 16-3.6, Time for Compliance, previously codified herein, was repealed in its entirety by Ordinance No. O-08-03.
A code regulating the installation, maintenance, repair and control of the plumbing of buildings, and the connection thereof with outside sewers, cesspools or other receptacles, regulating the practice of plumbing and the issuance of licenses to practice plumbing is hereby established pursuant to the provisions of Chapter 275, P.L. of 1948. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this section is described and commonly known as the "Plumbing Code of New Jersey (Revised 1964)," Part E of the Standard Building Code of New Jersey and any amendment thereto.
Three copies of the Plumbing Code of New Jersey (Revised 1964), similarly marked, have been placed on file in the office of the borough clerk and will remain on file in that office for the use and examination of the public.
In connection with the provisions of this section and the code hereby established and adopted as a part hereof, the following fees shall be charged and received:
a. 
(Reserved)[1]
[1]
Editor's Note: Former Subsections a and b were repealed 8-19-2020 by Ord. No. O-20-18.
b. 
(Reserved)
c. 
For filing of plans for a proposed plumbing work, $2.00.
d. 
For the issuance of a permit for a proposed plumbing construction or alteration, per fixture, $1.00.
e. 
For the issuance of a permit for the replacement of a plumbing fixture, $1.00.
f. 
For each reinspection of plumbing work caused by the failure of the licensee to comply with the provisions of the code or permit issued, $5.00.
g. 
Initial fee for septic tank inspection, $3.00.
[Ord. No. O-2015-15]
It shall be unlawful for any person to keep in his/her possession any goats, sheep, swine, horses, rabbits, chickens, pigeons or other fowl except as hereinafter provided.
[Ord. No. O-2015-15]
It shall be deemed that the Board of Health shall have the power and duty to regulate the control of pigeon fanciers in the Borough of Highlands. Pigeon fanciers shall be allowed when sanitary conditions, proper loft management and good loft construction prevail. The Executive Officer shall make an inspection every six (6) months and a Health Permit shall be given.
[Ord. No. O-2015-15]
a. 
Any person found guilty of violating any of the foregoing provisions concerning possession of prohibited animals shall be subject to a fine not to exceed two hundred fifty ($250.00) dollars for an initial violation. For a second violation, the fine shall not exceed five hundred ($500.00) dollars. For a third violation, the fine shall not exceed seven hundred fifty ($750.00) dollars. For a fourth violation, the fine shall not exceed one thousand ($1,000.00) dollars. For a fifth violation, the fine shall not exceed fifteen hundred ($1,500.00) dollars. For a sixth violation, the fine shall not exceed two thousand ($2,000.00) dollars as well as for any violation thereafter. Additionally, when an offender is found to be a repetitious offender, the offender shall be subject to not more than thirty (30) days imprisonment in the County jail for each subsequent offense. A repeat offender shall be defined as an individual who has violated the statute more than three (3) times within a four-week period of time.
b. 
Each day that this section is violated shall constitute a separate offense.