Borough of North Plainfield, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #382, A5, S 14.20]
As used in this Section:
BOROUGH ENGINEER OR ENGINEER
Shall mean the Borough Engineer of the Borough of North Plainfield, or his duly authorized representative.
PERMITTEE
Shall mean the person obtaining a permit, or his duly authorized representative.
[Ord. #382, A5, S 14.21]
No person shall make any excavation in or break up or displace the surface of any street, highway or other public place (excepting County and State Roads), unless for the purpose of constructing or repairing a sidewalk, repairing an existing curb, constructing a driveway or laying a house leader drain to the curb, except with a written permit from the Borough Engineer as hereinafter provided.
Such permit shall be valid for 30 days unless an extension of time has been requested by the permittee and granted by the Borough Engineer in writing.
[Ord. #382, A5, S 14.22]
Application for a permit shall be made at the office of the Borough Engineer by the applicant or his authorized agent.
[Ord. #382, S 14.23]
No permit for street opening shall be issued by the Borough Engineer until the applicant therefor shall have placed on file with the Engineer satisfactory evidence of public liability insurance in the amount of not less than $50,000 for any one person and not less than $100,000 for any one accident and property damage insurance in the amount of not less than $5,000 for one accident and not less than $25,000 in the aggregate.
Such insurance must remain in force from the date of the permit until the termination of the period of maintenance as hereinafter defined.
[Ord. #382, S 14.24; Ord. #90-04, S 6; Ord. #90-07, S 2]
No permit for street opening shall be issued until the applicant therefor shall have first paid to the Borough Engineer the fees hereinbelow stated.
a. 
Street openings for the installation of sewer connections shall be on a total fee basis as follows:
Where excavation is to be made in a full width pavement of concrete or of brick or asphalt on a concrete base
$65.00
Where excavation is to be made in a full width bituminous pavement on a stone base
$50.00
Where excavation is to be made in a center strip pavement
$20.00
Where excavation is to be made in an unpaved street area
$10.00
b. 
Fees for street opening made for other purposes shall be computed in accordance with the following unit prices for pavements or other areas to be disturbed:
Concrete pavement or a pavement of brick or asphalt on concrete base, for each square yard
$10.00
Bituminous pavement on a stone base, for each square yard
$5.00
Concrete sidewalk, for each square yard
$6.00
Opening parallel to the property line in each shoulder or in an unpaved street, for each square yard
$1.00
Opening in earth shoulder or in an unpaved street for the making of any other connection to the lot, where the trench is approximately at right angles to the property line, total fee
$5.00
[Ord. #90-04, S 7; Ord. #05-20]
No permit for street opening shall be issued until the applicant therefor shall have first posted with the Borough Engineer, a performance bond in the amount of $1,500 in cash, by certified funds, or written by a licensed surety, conditioned upon the performance by the applicant of the street opening and restoration in accordance with requirements of the Borough Engineer.
[Ord. #382, S 14.25]
The permittee shall be responsible for the entire work and shall keep every portion of the work, including the temporary pavement, in perfect order and repair during the entire period of maintenance.
The period of maintenance shall be considered as a period of six months after the date of final completion of the work to be done. Except in the event the termination of the six month period shall fall within the months of December, January, February, March or April, then the period of maintenance shall be considered as extending until May 1, next thereafter.
The period of maintenance shall terminate on the date the Borough completes permanent pavement repairs if such date is prior to the time limit hereinabove established.
In the event the Borough finds it necessary to make emergency repairs during the period of maintenance, the permittee shall immediately deposit the cost of making such emergency repairs with the Borough Engineer. No permits shall be issued to any person who is in default to the Borough on any such payment.
[Ord. #382, S 14.26]
The entire amount of fee shall be retained by the Borough to cover the cost of necessary inspection services and the cost of making permanent repairs to the pavement or other street areas.
[Ord. #382, S 14.27]
It shall be the duty of the permittee to give notice of the proposed street opening to any company whose pipes, conduits or other structures are laid in the portion of the street to be opened, not less than 24 hours before commencing such opening. The permittee shall, at his own expense, carefully support, maintain in operation, and protect from injury such pipes, conduits, or other structures. If any damage is caused to such structures, the permittee shall restore same, at his own expense, to as good a condition as they were before the beginning of the work.
[Ord. #382, S 14.28]
The permittee shall properly guard the excavation by the erection of suitable barricades and warnings as hereinafter specified and shall arrange the work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. Unless otherwise authorized by the Engineer the work shall be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays.
Warning flags and suitably lighted red lights shall be provided, and watchmen shall be provided if so ordered by the Engineer and in accordance with his directions.
Where the free flow of traffic is interfered with, the permittee shall furnish competent persons to direct and expedite traffic.
Unless otherwise authorized by the Engineer, vehicular traffic shall be maintained at all times during the progress of the work. On paved streets at least a nine (9') foot width of the pavement shall be open and unobstructed at all times.
[Ord. #382, S 14.29]
Nothing in this Section shall be construed as requiring the issuance of a permit for the performance of any work done under a contract with the Borough.
[Ord. #382, S 14.30]
The provisions of this Section shall not apply when special permission is granted by action of the Borough Council for property owners to construct sewers or to perform street improvement work at their own cost and expense.
[Ord. #382, S 14.31]
a. 
The use of power excavating equipment is prohibited within the pavement limits until each edge of the trench has been cut through the entire thickness of the pavement to an even uniform line.
b. 
The maximum width of any trench for sewer or utility connection shall be thirty (30") inches unless a greater width is approved in writing by the Engineer.
c. 
Excavated material shall be stored in neat piles, so placed as to cause the least inconvenience with the use of the roadway or sidewalk. If so ordered by the Engineer, such excavated material shall be promptly removed from the site of the work.
d. 
Special permission may be granted for tunneling under a pavement of concrete or one having a concrete base in which case tunnel shall be refilled with one to three to six (1:3:6) parts concrete well tamped in place.
e. 
Unless otherwise authorized the work of passing under sidewalks and curbing shall be done by tunneling and refilling as provided under paragraph d above.
[Ord. #382, S 14.32]
As soon as the pipe or structures are in place and any required inspection has been made, the excavation shall be backfilled.
With the exception of portions of the excavation lying back of the sidewalk or sidewalk lines the backfilling shall be placed in layers not more than six (6") inches thick and each layer shall be thoroughly compacted with mechanical rammers of a type satisfactory to the Engineer. (The Engineer may permit layers in excess of six (6") inches if, in his opinion, the rammers used will properly compact a greater thickness.)
If the material removed from the excavation is of such character that, in the opinion of the Engineer, it will not compact satisfactorily, the permittee shall provide suitable material from other sources for the backfilling.
When trench is brought to grade, all surplus material shall be forthwith removed by the permittee.
[Ord. #382, S 14.33]
Immediately after back-filling the excavation the permittee shall replace any pavement disturbed with a temporary surface consisting of not less than two (2") inches of bituminous concrete.
[Ord. #382, S 14.34]
Small pipes or conduits may be driven beneath pavements in such a manner that the surface shall not be disturbed or injured and provided that:
a. 
In the event of damage to a pavement or subsurface pipe or structure caused by driving such pipe or conduit, the permittee shall repair and make good the damage at the permittee's own expense.
b. 
Driving of pipes shall be prohibited at locations in the highways where there is existing underground construction of the New Jersey Bell Telephone Company or Public Service Electric and Gas Company.
[Ord. #382, S 14.35]
Nothing contained in this Section shall be construed as requiring the issuance of a permit for the performance of any work done by public utility corporations under the provisions of their charters or franchises, nor shall subsections 14-1.2 through 14-1.7 of this Section be construed as applying to any public utility corporation.
Unless otherwise provided for a particular utility corporation by a present Borough Ordinance, the public utility corporation shall:
a. 
File with the Engineer each week, in duplicate, a list of street openings made by them during the preceding week.
b. 
Place and maintain temporary pavement specified under subsection 14-1.14 until the permanent repairs are made.
c. 
Restore the pavement surface in manner directed by the Engineer and to the satisfaction of said Engineer within six months from the date of street opening and maintain such replaced surface in as good condition as the surrounding pavement for a period of five years.
d. 
Maintain trenches in earth roadway or earth shoulders in a safe and level condition for a period of two years.
e. 
Make repairs as may be directed by the Engineer within 24 hours.
f. 
Make regular inspection of the conditions of their trenches until the permanent surface is replaced thereon.
g. 
In the event that any trench shall, during the period that it is to be maintained by the utility corporation, become a hazard, then the Borough may proceed to perform such work as may be required to eliminate such hazard and make the road or pavement safe for travel and charge the cost thereof to the respective public utility corporation.
h. 
In the event that permanent pavement replacement is not made within the six months period hereinbefore referred to, then the Borough, through its Engineer, shall have the right to give 10 days notice of such fact, to the public utility corporation and if such permanent pavement has not been properly installed at the expiration of such 10 day period, then the Borough may proceed to replace and install such pavement and to perform such work as may be required and charge the cost thereof to such public utility corporation.
[Ord. #382, S 14.36]
Any person who shall violate any of the provisions of this Section shall, upon conviction of same be subject to a penalty as established in Chapter 1, Section 1-5.
[Ord. #382, S 14.1]
No sidewalks or curbs shall be constructed in the Borough except in accordance with the provisions of this Section.
[Ord. #382, S 14.2]
It is hereby determined and declared that the presence of broken, disintegrated, uneven or otherwise defective sidewalks or curbs upon or within the public easement in the public streets and highways in the Borough may constitute or become a public nuisance and hazard to the safety of pedestrians entitled to pass along or over the same.
[Ord. #382, S 14.3]
Whenever the pavement or surface of any public sidewalk, curb or portion thereof upon or along a public street or highway in the Borough shall be found to be broken, disintegrated, uneven or otherwise defective to such an extent that it would be likely to cause a pedestrian to trip or fall in passing along or over the same, and such conditions shall be complained of to, or discovered by the Borough Engineer, he shall make or cause to be made, an inspection of the sidewalk, curb or portion thereof, and shall report the condition thereof by him so found, to the Council, with his recommendations for the correction or elimination of such condition. If such condition shall be found to constitute a hazard to pedestrian use of the sidewalk, curb or portion thereof, and may be eliminated by repair or reconstruction, the Council may cause written notice to be given to the owner or owners of all real estate abutting upon the sidewalk, curb or portion thereof so found to be dangerous or hazardous and to require reconstruction or repair, requiring such owner or owners to reconstruct or repair the sidewalk, curb or portion thereof within 30 days after the service of such notice, in the manner, to the extent and in accordance with the specifications to be set forth in the notice. Such notice shall also contain a description of the property abutting upon such sidewalk, curb or portion thereof so required to be reconstructed or repaired, which description shall be sufficient to identify such property.
[Ord. #382, S 14.4]
Whenever the conditions of a public sidewalk, curb or portion thereof which, by the provisions of this Section, may be required to be reconstructed or repaired by the owner or owners of real estate abutting thereon, results from or may affect any trees or roots thereof, and whenever any such reconstruction or repair may affect any such tree or roots thereof, the owner of any property required to make such reconstruction or repair shall first apply to and secure from the Department of Public Works, permission to make the reconstruction or repair so required and shall take such precautions in the making of such reconstruction or repair as may be required by the Department of Public Works for the protection of any such trees.
[Ord. #382, S 14.5; Ord. #06-16]
The following specifications and requirements are hereby adopted and promulgated for the construction, reconstruction and repair of sidewalks as contemplated by the provisions of this Section:
Concrete sidewalks shall be constructed of concrete to the lines and grades approved or made by the Borough Engineer. Concrete sidewalks shall be four (4") inches in depth, except over driveway areas where the depth shall be eight (8") inches, and not less than four (4') feet wide and the concrete used in the work shall be Class "C" concrete as specified in the current New Jersey State Highway Standard Specifications. Where feasible sidewalks shall be designed to discharge stormwater to grass areas in order to disconnect impervious surfaces. The use of permeable materials is also encouraged where feasible. The Borough Engineer shall review the feasibility of design and permeable material standards for all projects. Metal forms shall be used unless otherwise authorized by the Borough Engineer. After being placed, the concrete shall be tamped, screened and finished to a true grade and even surface. The finish shall be applied with a wooden float so that a slightly roughened surface is obtained, and the surface shall then be brushed with a wet soft-haired brush, to obtain a neat workmanlike surface. Exposed grooves shall be neatly rounded to a radius of 1/2 inch. Unless otherwise specified the walk shall be constructed in four (4') foot sections with a clear space of three-sixteenths (3/16") of an inch between adjacent sections. Expansion joints, one-half (1/2") inch wide shall be provided at intervals of fifty (50') feet in the sidewalk and at all points where the sidewalk abuts the curb, and shall be formed by means of a premoulded joint filler. No concrete shall be placed while the temperature is at or below thirty-five (35°) degrees Fahrenheit and no concrete shall be placed upon a sub-base that is frozen or in the opinion of the Borough Engineer otherwise unsatisfactory. The concrete shall be cured as specified in the current New Jersey State Highway Standard Specifications.
[Ord. #382, S 14.6; Ord. #85-3, S l]
The following specifications and requirements are hereby adopted and promulgated for the construction, reconstruction and repair of curbs as contemplated by the provisions of this Section:
a. 
Concrete curbs shall be constructed twenty (20") inches in height having a base of eight (8") inches and tapering on the face to a width of six (6") inches at the top of the curb. Standard integral curb and gutter are also permitted under the provisions of this Section. The concrete used in the work shall be Class "B" air entrained concrete complying with the current New Jersey State Highway Standard Specifications. Expansion joints shall be inserted in the curb adjoining all radius corners and at intervals of approximately fifty (50') feet between the corners.
b. 
Granite block curb in accordance with the detailed specifications contained in the New Jersey Department of Transportation Standard Specifications.
Notwithstanding anything to the contrary contained in the specifications, the granite block curb shall be a minimum of eighteen (18") inches from the top of the block to the bottom of the footing. There shall be a minimum curb face of six (6") inches measured from the top of the block to the surface of the pavement. The footing shall be Class "B" concrete.
[Ord. #382, S 14.7]
An owner of real estate abutting upon a public sidewalk or curb who, after receipt of notice to reconstruct or repair the same as herein provided, shall neglect or refuse to comply with such notice, and shall continue to use and maintain such sidewalk or curb, as an appurtenance to his property, in a condition constituting a hazard to the safety of pedestrians having lawful occasion to use or pass over such sidewalk or curb, shall be deemed to have violated the provisions of this Section and upon conviction thereof, shall be liable to the penalties hereinafter provided.
[Ord. #382, S 14.8]
In any case where an owner or occupant shall have received notice in accordance with the provisions of subsection 14-2.3 hereof and shall fail to comply with the requirements of such notice, the Council, upon filing due proof of the service of the notice with the Borough Clerk, may cause the required work to be done and the costs thereof shall be paid out of any monies of the Borough available for that purpose. The costs shall be certified by the Council to the Collector of Taxes of the Borough and upon filing with him of the certificate, the amount of the costs shall be and become a lien upon the abutting lands in front of which such work was done and shall bear interest and be collected in the manner provided by law.
[Ord. #382, S 14.10]
It shall be unlawful for any owner or lessee of any real property in the Borough to lay out any driveway to be used for the purpose of entering or leaving the premises owned or leased, which exceeds thirty (30') feet in width measured along the curb line, provided however, that where the property fronts on more than one street the owner or lessee may use and maintain one driveway on each street contiguous to the property for every one hundred (100') lineal feet frontage or fraction thereof along that street, driveways to be separated by at least five (5') lineal feet measured along the curb line and provided further that where the property fronts on only one street, two driveways separated by not less than five (5') lineal feet measured along the curbing, may be maintained for the first two hundred (200') lineal feet of frontage or fraction thereof and one driveway for each additional one hundred (100') lineal feet of frontage or fraction thereof.
[Ord. #382, S 14.11]
The maintenance of existing driveways, which do not conform to the provisions of subsection 14-3.1 of this Section, may be continued, provided however, that if and when existing buildings or fixtures are altered, rearranged, reconstructed, repaired, or additional buildings added, or other improvements made to the property wherein the cost of any or all of such alterations, rearrangements, reconstruction, additions, and other improvements exceeds 50% of the assessed value of existing improvements on the property, then the driveways shall be reconstructed so as to conform to subsection 14-3.1.
[Ord. #544, S l-3]
a. 
No person shall expose any goods, merchandise or other wares encroaching upon any street or sidewalk or part thereof. No person shall construct any building or part thereof which shall extend into or over any street or sidewalk or part thereof and no person shall construct any door or window which, when opened, shall extend into or over any street or sidewalk or part thereof except as provided in the Building Code or Chapter 22, Land Development.
b. 
No person shall construct any fence, pole, barrier, underground vault, underground tank, underground conduit or similar structure which shall extend into or encroach upon or under any street or sidewalk or part thereof.
c. 
The Council may by resolution upon such terms and conditions as it deems proper, waive any or all provisions of this Section.
[Ord. #382, SS 14.12-14.17]
a. 
Brush, Hedges, Etc., at Intersections. The owner or owners, tenant or tenants of land lying within the limits of the Borough and forming a corner lot or property, shall keep all brush, hedges and other plant life growing within a distance of twenty-five (25') feet of the point of intersection of the nearer curb lines of each of the two intersecting streets, cut to a height of not more than two and one-half (2 1/2') feet above the adjacent sidewalk elevation.
b. 
Fences or Other Structures at Intersection. The owners or tenants of land lying within the limits of the Borough and forming a corner lot or property, shall not construct or maintain any fences or other structure within a distance of twenty-five (25') feet of the point of intersection of the nearer curb lines of each of the two intersecting streets, cut to a height of not more than two and one-half (2-1/2') feet above the adjacent sidewalk elevation.
c. 
Undue Hardship Cases. In any case where a strict application of this Section would result in undue hardship, the Council, upon recommendation of the Chief of Police, may by resolution, grant a variance from such strict application.
d. 
Penalty.
1. 
Any owners or tenants, now maintaining or hereafter maintaining any brush, hedges or other plant life growing within the prohibited area, as set forth in paragraph a of this subsection, who shall not remove the same or cause the same to be reduced to the conditions as in paragraph a of this subsection provided, within 15 days after the receipt of a written notice from the Chief of Police to do so, shall be guilty of a violation of paragraph a of this subsection and upon conviction thereof shall be subject to a penalty as established in Chapter 1, Section 1-5.
2. 
Any owners, or tenants, now maintaining or hereafter maintaining any fence contrary to the provisions of paragraph b of this subsection, and who shall not remove the same or cause the same to be reduced to the conditions as in paragraph b of this subsection provided, within 15 days after receipt of a written notice from the Chief of Police to do so, shall be guilty of a violation of paragraph b of this subsection and upon conviction thereof shall be subject to a penalty, as established in Chapter 1, Section 1-5.
e. 
Removal by Borough. Where it appears that the owners or tenants of land and premises, which contain conditions in violation of paragraph a or b of this subsection cannot be brought within the jurisdiction of the Municipal Court of the Borough, or where the conditions prohibited in paragraph a or b of this subsection still continue after a hearing pursuant to a complaint under this subsection, or where the Chief of the Police Department deems immediate removal of such prohibited conditions necessary for the public safety, then, the Chief of the Police Department may notify the Borough Engineer, in writing, of the existence of such prohibited conditions and request that the same be removed. The Borough Engineer, following the receipt of such written notice, shall cause the removal or correction of the prohibited conditions and the reasonable cost of same shall be charged upon the books of the Borough against the lands where the prohibited conditions existed, and with interest thereon shall forthwith become a lien on the lands and shall be added to and form a part of the taxes next to be assessed and levied upon such lands and shall be certified by the Borough Engineer to the Collector of Taxes for that purpose and shall be collected in the same manner as other taxes. Proceedings under this subsection may be in addition to or in lieu of a complaint in the Municipal Court of the Borough under paragraph c or d of this Section.
[Ord. # 382, S 14.18]
The owner or occupant of land abutting upon any street in the Borough shall remove all ice or snow from the sidewalks and gutters in front of his premises within eight hours of daylight after the same has formed or fallen thereon.
[Ord. #382, S 14.19]
The Council may cause all snow and ice to be removed from any sidewalks and gutters along the streets of the Borough where the owner or occupant of land in front of same fails to remove the snow and ice therefrom within eight hours of daylight after the same has formed or fallen thereon, and the cost and expense paid and incurred for the removal of such snow and ice shall be certified to the Collector of Taxes of the Borough and upon the filing with him of the certificate the amount of the costs shall be and become a lien upon the abutting lands in front of which the work was done and shall bear interest and be collected in the manner provided by law.
[Ord. #382, S 13.18]
Telegraph, telephone and other electric wire lines may be run and maintained and poles therefor erected within the limits of the Borough, through such streets, roads, avenues and public places and upon such terms as may be prescribed by resolution of the Council of the Borough duly passed by the Council after a petition has been filed with them, the petition to state the streets, and places through which it is proposed to run such wires and accompanied by the consent in writing of the owners of such piece or parcel of land in front of which it is proposed to erect a pole, and such petition shall state as near as may be the number of poles, wires, etc., and other details. In all cases where the Council may grant permission to construct or erect or maintain poles and wires under this Section it shall be subject to any rights that may be vested in the property owners in front of whose property it is proposed to erect such pole and wire, and the petitioner in all cases will be required before doing any work looking to the constructing of any electrical line of wires under a resolution as herein provided to first obtain the consent in writing of the property owners in front of whose property it is proposed to erect a pole, and the Council may in the resolution granting any privileges under this Section state such further conditions as in their judgment each case may require. This Section shall apply to poles and wires now run and maintained, and the same shall be under the like control of the Council.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 86-23, 86-23A-26, 86-23B-87-14, 86-23C-88-17, 90-09, 91-02.
[Ord. #95-01, S 1]
A mandatory recycling program is hereby established in the Borough of North Plainfield in accordance with regulations promulgated by the Somerset County Division of Solid Waste Management and the State of New Jersey.
[Ord. #95-01, S 1; Ord. #07-20]
As used in this Section:
ALUMINUM
Shall mean all aluminum beverage containers.
BATTERIES
Shall mean dry cell batteries such as, but not limited to, radio, toy, watch or calculator batteries.
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, GOVERNMENT OR OFFICE PARK ESTABLISHMENT OR PROPERTY
Shall mean all commercial, industrial, government, business or institutional establishments or properties within the Borough of North Plainfield other than Residential Properties.
CORRUGATED CARDBOARD
Shall mean paper cartons, sheets, spacer material or any other container consisting of two layers of brown paper separated by an inner rippled core.
GLASS
Shall mean all glass bottles and jars of any color, thoroughly rinsed with caps and closures removed.
MIXED PAPER
Shall mean all magazines, glossy inserts, computer paper, colored paper, catalogs, store fliers with mailing labels, office paper, hardcover books with hard covers removed, junk mail, writing or school paper, envelopes, paperback books and copy paper.
NEWSPAPERS
Shall mean all paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions, containing advertisements and other matters of public interest. The term "newspapers" shall also include inserts that come with the newspapers, such as comics, colored store or grocery advertisements, TV and magazine sections and glossy coupons.
PLASTIC
Shall mean plastic bottles or jugs bearing a "#1" or "#2" in a recycling triangle, thoroughly rinsed with caps, lids or closures removed.
RECYCLABLES
Shall mean the following mandatory items to be separated from waste:
The following are items all residential properties must separate from waste:
Newspaper
Mixed paper
Corrugated cardboard
Telephone books
Aluminum cans
Glass containers
Steel and bimetal cans
Plastic containers (#1 and #2 plastic bottles)
Leaves
Textiles
Motor oil
Consumer batteries
Asphalt
Concrete
Wood waste
The following are items all commercial, industrial, institutional, governments and office parks must separate from waste:
Aluminum cans
Antifreeze
Computer printout/white ledger
Concrete
Consumer batteries
Corrugated cardboard
Glass containers
Heavy iron
Lead-acid batteries
Magazines and junk mail
Mercury containing devices
Mixed office paper
Newspaper
Plastic containers (#1 and #2 plastic bottles)
Scrap autos
Steel cans
Stumps, logs and tree parts
Textiles
Used consumer electronics
Used motor oil
White goods and light iron
Wood scrap
RESIDENTIAL PROPERTY
Shall mean all single family and multiple-family dwellings or structures within the Borough of North Plainfield, including but not limited to, garden and high-rise apartments, townhouses, condominiums and apartments.
STEEL AND BIMETAL CANS
Shall mean tin-plated and bimetal food and beverage cans.
TEXTILES
Shall mean any clean clothing, drapes, curtains, sheets, towels, belts, handbags or clean cloths at least fifteen inches by fifteen inches (15" x 15") in size.
[Ord. #95-01, S 1]
a. 
The owner, lessee, operator or occupant of any residential property shall be responsible for the separation and placement of all recyclables in accordance with regulations promulgated by the Somerset County Division of Solid Waste Management, as those regulations may be amended from time to time. The collection, removal and disposal of all recyclables shall be supervised by the Somerset County Division of Solid Waste Management, which shall establish the times, methods, manner and routes of service.
b. 
The owner, lessee, operator or occupant of any commercial, industrial or institutional establishment or property shall, at his or her own cost and expense, cause all recyclables produced by such establishment or property to be recycled in accordance with regulations promulgated by the Somerset County Division of Solid Waste Management or the State of New Jersey, as those regulations may be amended from time to time.
[Ord. #95-01, S 1]
All recycling barrels or other receptacles required by the Somerset County Division of Solid Waste Management or the Borough and all recyclables shall be placed between the curb and sidewalk prior to collection where they shall be readily accessible to the collector. All recycling barrels or required receptacles and all recyclables shall be placed outside no later than 7:00 a.m. on the day of collection and shall be removed from the front of the premises no later than 8:00 p.m. on the designated collection day, regardless of whether or not collection actually takes place.
[Ord. #95-01, S 1]
a. 
It shall be a violation of this Section for any person not authorized by the Borough, the Somerset County Division of Solid Waste Management or the State of New Jersey to collect or pick up or cause to be collected or picked up any recyclables during the 24 hour period commencing at 6:00 p.m. on any day preceding a day designated for collection. Each and any such collection from one or more residences during this specified 24 hour period shall constitute a separate and distinct offense punishable as hereinafter provided.
b. 
Nothing in this Section shall prohibit any Boy Scout, Girl Scout or other nonprofit organization from conducting periodic newspaper pickups; provided, however, that no such pickups shall be permitted during the 24 hour period commencing at 6:00 p.m. on any day preceding a day designated for collection.
[Ord. #95-01, S 1]
a. 
All commercial, industrial or institutional establishments shall prepare waste reduction audits and waste reduction plans in accordance with the following schedule:
1. 
Any establishment with 500 or more employees shall prepare and submit a Waste Audit and Reduction Plan to the Borough of North Plainfield and the County of Somerset by December 31, 1993.
2. 
Any establishment with 250 to 500 employees shall prepare and submit a Waste Audit and Reduction Plan to the Borough of North Plainfield and the County of Somerset by December 31, 1994.
3. 
Any establishment with 100 to 250 employees shall prepare and submit a Waste Audit and Reduction Plan to the Borough of North Plainfield and the County of Somerset by December 31, 1995.
b. 
The Waste Reduction Plan shall include, but not be limited to, the following:
1. 
The Waste Reduction Plan must indicate how the use of heavy metals will be eliminated from products and packaging.
2. 
The Waste Reduction Plan must indicate how the use of double packaging will be eliminated, except where required for the integrity, health and safety of the products.
[Ord. #95-01, S 1]
All commercial, industrial and institutional establishments with 100 or more employees must submit a plan (the "Plan") to the Borough of North Plainfield and County of Somerset which outlines how source separation and recycling shall be accomplished within the establishment. The Plan shall include, but not be limited, to the following:
a. 
The manner in which the designated recyclables will be source separated from the waste stream.
b. 
The name of the market vendor for each designated recyclable commodity.
[Ord. #95-01, S 1]
Compliance. The owner, lessee, operator or occupant of any commercial, industrial or institutional establishment or property shall submit semi-annual reports to the Borough no later than February 1 and August 1 of each year. Such reports shall be for the preceding July 1 to December 31 and January 1 to June 30 periods, respectively, and shall provide details concerning compliance with the provisions of this Section including the types and quantities of materials recycled, the method and identity of persons, firms or corporations transporting such recyclable materials, and the identity and location of any recycling facilities utilized. Written verification of any information contained in any report required pursuant to this Section shall be provided by the person, firm or corporation filing the report within 30 days of receipt of a request by the Borough.
The Borough shall monitor and analyze all reports submitted pursuant to this Section, shall require verification of any information supplied, and shall conduct such periodic inspections of property as may be necessary to insure compliance.
[Ord. #95-01, S 1]
Any person, firm or corporation who violates any provision of this Section shall, after conviction, be subject to the penalty provisions of N.P.R.G.O. Section 1-5 for each violation.
[Ord. #89-10, S 1; Ord. #92-01, S 2]
There is hereby established in this Section, a program for the voluntary removal of certain solid waste materials by the Borough.
[Ord. #89-10, S 1; Ord. #89-16, S 1; Ord. #92-01, S 2]
The following solid waste materials shall be included in the program herein established:
a. 
Grass clippings and other similar vegetative matter grown within the Borough.
b. 
Those items for which a specific fee is established in subsection 14-8.5.
c. 
Other miscellaneous items not specified in subsection 14-8.5 which are approved for disposal by the Director, Department of Public Works.
[Ord. #11-03]
a. 
Effective upon passage and final approval of Ordinance 11-03, codified herein and adopted February 28, 2011, in accordance with law, the Borough, through the Borough Administrator's office or designee, shall accept applications only from owners or occupants of residential dwellings or structures within the Borough for appointments during a certain portion of each calendar year for the purposes of having the Borough pick up bulk waste materials at the owners'/occupants' curbside. Bulk waste shall be defined by the Borough Administrator and the types of bulk waste available for pickup and what constitutes an item shall be placed on the Borough's website (www.northplainfield.org) for use of owners or occupants of residential dwellings or structures in determining whether to make application for bulk waste pickup and what qualifies for bulk waste pickup.
b. 
Collections of bulk waste by the Borough shall be done by section(s) of the Borough in accordance with section designation on the Borough of North Plainfield Collection Map and in accordance with a schedule established by the Director of Public Works. The collection of bulk waste by the Borough within each section shall be random in nature (i.e. the pickup day will be established, but the time within such day shall not); therefore, all bulk waste materials which qualify for pickup and upon which an appointment for pickup has been established shall be out on the curb by 7:00 a.m. of the morning of the collection date. Failure to comply with this provision shall prevent the pickup of bulk waste, even if an appointment to pick up bulk waste has been established.
c. 
In order to establish an appointment for bulk waste pickup, an application for such an appointment must be filed with the Borough no later than five calendar days prior to the commencement of bulk waste pickup in any calendar year. Applications to obtain an appointment shall be available either on the Borough's website (www.northplainfield.org) or by picking up an application at the Borough's municipal building during the normal business hours of the Borough.
d. 
The application shall list the item(s) sought for bulk waste pickup. There shall be a pickup of no more than five bulk waste items at any one appointment. There shall be a ten ($10.00) dollar nonrefundable permit fee for each item of bulk waste pickup, with a maximum non-refundable permit fee of $50 if the maximum number of bulk waste items for pickup (five) occurs. Completed applications can only be filed by delivering them to the Department of Public Works window located in the Borough's municipal building Monday through Friday, excluding holidays, during the posted hours. The Borough shall notify applicants, either by mail and/or phone, of their appointment date for bulk waste pick up no less than five calendar days prior to the appointment date.
e. 
Any and all unauthorized materials in excess of the number of items sought for bulk waste pickup and/or which do not qualify for bulk waste pickup, which are left at the curb, shall be removed by the occupant and/or owner of the residential dwellings or structures by 6:00 p.m. of the day upon which collection of bulk waste at that location was scheduled to occur. Failure to comply with such shall subject the applicant to the provisions of subsection 14-8.5 of the Borough Code.
f. 
There shall not be, under any circumstances, pickup of the following materials left at curbside for bulk waste pickup:
1. 
Construction materials;
2. 
Regular household garbage;
3. 
Hazardous waste;
4. 
Flammable waste;
5. 
Explosive waste;
6. 
Containers with excessive liquid;
7. 
Mandatory recyclable materials;
8. 
Landscaping materials, including brush, grass and/or leaves;
9. 
Metals; and,
10. 
Any other materials which the Borough, in its sole discretion, determines do not qualify for bulk waste pickup.
[Ord. #89-10, S 1; Ord. #11-03]
Only occupants or owners of residential dwellings or structures within the Borough shall be eligible to participate in the program herein established.
[Ord. #89-10, S 1; Ord. #11-03]
Any person, firm or corporation that violates any provision of this Section, or any regulation promulgated pursuant thereto shall, upon conviction thereof, be liable to the penalty in Chapter 1, Section 1-5.
[1]
Editor's Note: Solid Waste Collection Service was repealed by BH Ord. No. HO2015-02. See now Chapter 26.
[Ord. #01-08; Ord. #02-02]
As used in this Section, the following terms shall have the meanings indicated as follows:
OUTDOOR CAFÉ OR CAFÉ
Shall mean a restaurant serving food or beverages as part of/ancillary to food service (other than saloons, inns, taverns or bars not engaged in the serving of food) to be consumed by the public at tables located within permitted areas of the property which lie within the area bounded by the public street.
PATRON
Shall mean any individual, person, partnership, corporation, association or other entity on the premises of a restaurant for the purposes of consuming food or beverages.
PERMITTED ZONE
Shall mean the B-Business Zone, B-1 Zone, B-3 Zone, B-4 Zone and B-6 Zone as defined in Chapter 22 of the Code of the Borough of North Plainfield, entitled "Land Development" and as shown on the Zoning Map of the Borough of North Plainfield.
RESTAURANT
Shall mean any establishment, located within the Borough of North Plainfield and within the permitted zone, whose primary activity is the preparation and serving of food for consumption by the public on its premises, whether free or for cost and where the food to be consumed is served to seated patrons by waiters or waitresses employed for that purpose on utensils of a permanent and durable material designed and capable of being reused and shall include the following establishments: restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop but shall not include saloons, inns, taverns, bars, drive-in or fast food restaurants.
SIDEWALK
Shall mean the paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
[Ord. #01-08]
a. 
The applicant shall file an application describing the layout plan and file the application in the Borough Clerk's office. The applicant's layout plan must include the following:
1. 
A description of the proposed design and location of the outdoor sidewalk café and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
2. 
A statement of seating capacity of the proposed outdoor sidewalk café and of the existing restaurant actually operated by the applicant in the structure.
3. 
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk café is proposed to be located will in no way be impeded and that provisions of subsection 14-10.8 shall be satisfied.
4. 
A description of the proposed location of the outdoor sidewalk café showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
b. 
The layout plan shall be submitted to the Construction Official, or other appropriate official designated by the Borough Council to review such plans, who shall thereupon recommend approval, disapproval or modification of the layout plan within 10 business days following its submission to the Borough. The Municipal Clerk shall also forward the layout plan to the Chief of Police, Fire Chief, Health Officer and Municipal Engineer for their review and recommendations for approval by the Mayor and Borough Council of the Borough of North Plainfield.
[Ord. #01-08]
a. 
No outdoor sidewalk café license shall be issued unless the applicant shall have first filed with the Borough Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than one million ($1,000,000.00) dollars to satisfy all claims, disputes or controversies by reason of bodily injury to or the death of any person as a direct or indirect result of the operation, management or control of the outdoor sidewalk café or for injury to any person occurring on the premises occupied by such café. Said certificate of insurance shall also provide for the payment of not less than $50,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such café.
b. 
Any insurance policy shall provide that the insurance company shall notify the Borough of North Plainfield of any cancellation or change in coverage within 30 days of said cancellation or change.
[Ord. #01-08]
No outdoor sidewalk café license shall be issued unless the applicant shall have first executed and filed with the Borough Clerk an indemnification agreement, provided by the Borough, pursuant to which the applicant, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and hold harmless the Borough of North Plainfield, its officers, agents, representatives and employees from and against any and all claims, disputes, controversies, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the applicant's operation, management or control of said outdoor sidewalk café.
[Ord. #01-08]
a. 
No outdoor sidewalk café license shall be issued unless the applicant shall have first executed and filed with the Borough Clerk a maintenance agreement, provided by the Borough, pursuant to which the applicant shall agree, at the option of the Borough, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the café or to reimburse the Borough in full for all costs and expenses incurred by it in making any such repairs.
b. 
The Borough Council may require a bond to be filed by the applicant in an amount to be fixed by the Borough.
[Ord. # 01-08]
The fee for an outdoor sidewalk café license shall be as established by resolution.
[Ord. #01-08; Ord. No. 2014-04]
All outdoor sidewalk café licenses shall be issued for a one year period commencing January 1 and ending December 31 of the same year. Licenses must be renewed annually by filing an application in accordance with the provisions of this Section.
[Ord. #01-08; Ord. No. 2014-04]
An outdoor sidewalk café authorized and operating pursuant to this Section shall comply with all of the following rules and regulations and others that may be adopted by the Borough from time to time by ordinance or resolution:
a. 
The café shall be operated and maintained in accordance with the layout plan as finally approved.
b. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk café shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
c. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk café shall be located in such a way that less than a width of four feet of paved sidewalk remains for the exclusive use of pedestrians nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the area designated for the exclusive use by pedestrians.
d. 
Service in the outdoor sidewalk café shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.
e. 
The sidewalk area utilized for the café shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the Borough.
f. 
No operator shall sell and/or serve any alcoholic beverage on the sidewalk area. The approval and/or renewal of a license shall be contingent upon the operator's compliance with all applicable liquor laws of the State of New Jersey.
g. 
Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the Borough of North Plainfield.
h. 
Outdoor sidewalk cafes shall be permitted to operate only within the permitted zones and only from 7:00 A.M. until 9:00 P.M. during the months of January to December, weather permitting.
[Ord. No. 2014-04]
i. 
Within 30 minutes after the closing of the outdoor sidewalk café, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk café removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
j. 
The operator shall comply with all the requirements of the New Jersey Health and Sanitation Code.
k. 
The outdoor sidewalk café shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the café is a part and an extension.
l. 
The operator shall comply with all other ordinances of the Borough of North Plainfield.
[Ord. #01-08]
a. 
The sidewalk area upon which an outdoor sidewalk café has been authorized to operate pursuant to this Section shall not constitute premises duly licensed for the sale and consumption of alcoholic beverages even if the related restaurant of which the café is a part and of which it is an extension is so licensed. No operator shall be permitted to sell and/or serve alcoholic beverages on the sidewalk area.
b. 
Patrons of an outdoor sidewalk café shall not be permitted to carry onto or consume any alcoholic beverages on said sidewalk area.
[Ord. #01-08]
a. 
Upon a determination by an officer or employee of the Borough of North Plainfield charged with the responsibility for enforcing the provisions of this Section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk café license shall thereupon be automatically revoked.
b. 
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Borough Council of the Borough of North Plainfield within 14 days of the date of its request.
[Ord. #01-08]
Any person convicted of a violation of any of the provisions of this Section shall be subject to a fine not to exceed $500 or 90 days' imprisonment, or both. Each violation of a Section or subsection of this Section and each day that a violation continues, shall constitute a separate offense.
[Ord. #06-19, S I]
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. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. #06-19, S II]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than ten (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 Section. 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 Section.
[Ord. #06-19, S III]
This Section shall be enforced by the Police Department and/or other municipal officials of the Borough of North Plainfield.
[Ord. #06-19, S IV]
Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed $1,250.
[Ord. #06-20, S I]
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[Ord. #06-20, S II]
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 Section.
[Ord. #06-20, S III]
This Section shall be enforced by the Police Department and/or other municipal officials of the Borough of North Plainfield.
[Ord. #06-20, S IV]
Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed $1,250.
[Ord. #10-02]
This Section requires 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 other discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of North Plainfield 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.
[Ord. #10-02]
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.
MUNICIPAL SEPARATE STORM WATER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of North Plainfield or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
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.
[Ord. #10-02]
a. 
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.
b. 
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 North Plainfield.
c. 
Additionally, no materials containing hazardous materials, as defined by Federal, State and/or local law, shall be placed in said dumpsters/containers unless the dumpsters/containers have clear markings on the dumpsters/containers themselves and the contents therein that they are hazardous and what hazardous materials are contained therein.
[Ord. #10-02]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #10-02]
This Section shall be enforced by any and/or all of the following: the Borough Zoning Officer, the Borough Construction Officer, the Borough Property Maintenance Officer, the Borough Health Officer and/or any member of the Police Department of the Borough of North Plainfield or other official and/or entity designated by the Borough of North Plainfield.
[Ord. #10-02]
Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed $1,250 for every day that a violation of this Section occurs. Each day of violation shall be considered a separate violation. In addition, violations may be subject to up to 90 days of imprisonment or 90 days of community service, or both, for every day of violation in addition to the fine above.