[Ord. #382, A5, S 14.20]
As used in this Section:
Shall mean the Borough Engineer of the Borough of North Plainfield,
or his duly authorized representative.
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]
[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; amended 12-14-2020 by Ord. No. 20-14]
It shall be unlawful for any owner or lessee of any real property
in the Borough to lay out, construct, or maintain any driveway to
be used for the purpose of entering or leaving the premises owned
or leased, which is no narrower than eight feet in width nor wider
than 18 feet or 30% of lot frontage in width, whichever is less, except
for driveways fronting a two-car or more garage for a length of one
car length or 20 feet in front of the garage door. The person/entity
responsible for the enforcement of this section shall be the Code
Enforcement Officer of the Borough of North Plainfield.
[Ord. #382, S 14.11; amended 12-14-2020 by Ord. No. 20-14]
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 30% of the assessed value of existing improvements on the property, then the driveways shall be reconstructed so as to conform to Subsections 14-3.1, 22-117.2 and 22-117.4.
[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; amended 12-12-2022 by Ord. No. 22-11]
a.
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.
b.
In all cases, any entity which erects, repairs or replaces any telecommunication service line as defined in § 14-6.2 shall insure that such telecommunication service line shall connect from any pole to a residential or commercial property from the area of the same point of origin at the pole to the area of the same point of exterior building connection as other electrical service lines and telecommunication service lines servicing said residential or commercial property.
[Added 12-12-2022 by Ord. No. 22-11]
a.
ABANDONED
ENTITY
LINE
TELECOMMUNICATION SERVICE
Definitions.
Shall mean any line that is permanently out of service or
which has not been in operation for a period of at least twelve (12)
consecutive months. Abandoned shall also mean a line which has fallen
from its attachment at a pole or building or other structure or is
sagging or falling from its attachment at a pole or building or other
structure and presents a danger or inconvenience to pedestrians or
traffic.
Means a person, municipality, utility, partnership, association
and/or corporation having ownership of a line in this State, including
ownership acquired by sale or corporate merger.
Means an above-ground cable or wire attached to a pole, building
or other structure and which is used for the provision of any telecommunication
and/or cable service of any type service and shall include any equipment
or facility associated with that line attached to that pole or a building
or other structure.
Means the electronic transmission, conveyance, or routing
of voice, data, audio, video or any other information or signals to
a point or between or amongst points.
b.
Notwithstanding any law, rule, regulation, or order to the contrary,
an entity owning a telecommunication service line that is abandoned
or permanently out of service shall remove that telecommunication
service line from all points of attachment when it determines that
such telecommunication service line is abandoned.
c.
Notwithstanding any law, rule, regulation or order to the contrary,
the Borough Code Enforcement Officer or Borough Engineer or other
designated Borough official, as designated by the Mayor, shall notify
an entity of an abandoned telecommunication service line by sending
a written request to the entity owning that telecommunication service
line requesting removal if the telecommunication service line is reasonably
believed to be abandoned or permanently out of service.
d.
The entity shall determine if the telecommunication service line
is abandoned and shall notify the Borough Code Enforcement Officer
or Borough Engineer or other designated Borough official, as designated
by the Mayor, of its determination within fifteen (15) calendar days
of receiving notice of the abandoned or permanently out of service
telecommunication service line.
e.
The entity shall remove the abandoned or permanently out of service
telecommunication service line within fifteen (15) calendar days of
notification to the Borough Code Enforcement Officer or Borough Engineer
or other Borough official as designated by the Mayor of its determination
that the telecommunication service line is abandoned or permanently
out of service.
f.
The entity shall restore any telecommunication service line which
is not determined to be abandoned and/or permanently out of service,
but has fallen from its attachment at a pole or building or other
structure, or is sagging or falling from its attachment at a pole
or building or other structure and presents a danger or inconvenience
to pedestrians or traffic and has remained in such condition for a
period of thirty (30) calendar days, within fifteen (15) calendar
days of notification by the Borough Code Enforcement Officer or Borough
Engineer or other designated Borough official as designated by the
Mayor of its determination that the telecommunication service line
is abandoned or permanently out of service.
g.
Notwithstanding any law, rule, regulation or order to the contrary,
but subject to any telecommunication service franchise agreement with
the Borough of North Plainfield, the Borough Code Enforcement Officer
or Borough Engineer is authorized to issue a summons for failing to
remove a telecommunications service line that is abandoned or permanently
out of service within sixty (60) calendar days of notification by
the Borough Code Enforcement Officer or Borough Engineer or other
designated Borough official, as designated by the Mayor, to the entity
that the telecommunication service line is reasonably believed to
be abandoned.
[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:
Shall mean all aluminum beverage containers.
Shall mean dry cell batteries such as, but not limited to,
radio, toy, watch or calculator batteries.
Shall mean all commercial, industrial, government, business
or institutional establishments or properties within the Borough of
North Plainfield other than Residential Properties.
Shall mean paper cartons, sheets, spacer material or any
other container consisting of two layers of brown paper separated
by an inner rippled core.
Shall mean all glass bottles and jars of any color, thoroughly
rinsed with caps and closures removed.
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.
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.
Shall mean plastic bottles or jugs bearing a "#1" or "#2"
in a recycling triangle, thoroughly rinsed with caps, lids or closures
removed.
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
|
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.
Shall mean tin-plated and bimetal food and beverage cans.
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:
[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:
[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:
[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]
[Ord. #01-08; Ord. #02-02]
As used in this Section, the following terms shall have the
meanings indicated as follows:
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.
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.
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.
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.
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.
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.
[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.
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.
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or 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.
