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Township of Lakewood, NJ
Ocean County
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Table of Contents
Table of Contents
[1971 Code § 15-5.1; Ord. No. 2009-39 § 1]
a. 
Any owner of a single-family residential dwelling located within the Township who, individually or through an association, contracts with a private contractor for garbage and refuse collection service because of the unavailability of the service by the Township shall be entitled to reimbursement for the cost. The request shall be made to the Township Clerk's Office that the Township reimburse the private garbage and refuse collection costs for the dwelling pursuant to paragraph f of this subsection.
b. 
The request for reimbursement shall be in writing on a form available in the Township Clerk's Office.
c. 
All requests for reimbursement shall be forwarded to the Manager, Attorney, Treasurer and Director of Public Works for their review and approval. Additionally, the report from the Treasurer and Director of Public Works shall provide an estimate of the cost that the Township would incur if its employees provided curbside garbage and refuse collection to the dwelling in the same manner and frequency as if the dwelling was located on streets dedicated to the public.
d. 
The reports referred to in paragraph c of this subsection shall be issued within 30 days of receipt by the Township of the request referred to in paragraph b of this subsection.
e. 
After receipt of the various reports referred to in paragraph c of this subsection, the Township, by resolution, may grant or deny the request setting forth reasons for the decision.
f. 
If the request for reimbursement is granted, the Township resolution shall authorize reimbursement of private garbage and refuse collection costs in an amount equal to the actual cost or estimated cost to the Township, as provided in paragraph c of this subsection, whichever is less. Except in the instance of senior citizen condominiums wherein special services are required, reimbursement may be allowed up to, but not exceeding, an additional 5%.
g. 
Any individual, condominium association, corporation, group or other entity, who have requested reimbursement pursuant to the terms of this section shall have the right to withdraw from the reimbursement program by notifying the Township Clerk in writing. Upon receipt of the request by the Township Clerk, the withdrawal from the program shall be automatically granted without any formal action by the Township Committee and a copy of the request shall be forwarded to the Treasurer's office for informational purposes.
[1971 Code § 15-6.1; Ord. No. 2009-39 § 1]
As used in this section:
PROOF OF COLLECTION SERVICE
Shall mean a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within the Township of Lakewood.
REGULAR SOLID WASTE COLLECTION SERVICE
Shall mean the scheduled pick-up and removal of solid waste from a residential, commercial or institutional premises located within the boundaries of the Township of Lakewood at least once a week.
RESPONSIBLE SOLID WASTE GENERATOR
Shall mean any property owner, tenant or occupant of any single-family residential dwelling or multiple dwelling, or the owner of any commercial or institutional building or structure located within the boundaries of the Township of Lakewood who generates solid waste at those premises.
SOLID WASTE
Shall mean garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations. It shall include all waste materials including liquids. It shall not, however, include solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture who use such wastes to feed swine on their own farms.
SOLID WASTE COLLECTION
Shall mean the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.
SOLID WASTE CONTAINER
Shall mean a receptacle, container or bag suitable for the depositing of solid waste.
SOLID WASTE DISPOSAL
Shall mean the storage, treatment, utilization, processing or final disposal of solid waste.
SOLID WASTE FACILITIES
Shall mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of this or any other act. It shall include transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste. It shall also include all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
[1971 Code § 15-6.2; Ord. No. 2009-39 § 1]
a. 
Single-Family Residential Housing. Each responsible solid waste generator within the Township of Lakewood generating solid waste at a single-family residential premises shall, in those instances where a solid waste collection system is not otherwise provided for by the Township of Lakewood, enter into a contract for regular solid waste collection service with any lawful solid waste collector service providing such services within the Township of Lakewood.
b. 
Multi-Family Residential Housing. Each responsible solid waste generator within the Township of Lakewood generating solid waste at a multi-family residential premises shall, in those instances where a solid waste collection system is not otherwise provided for by the Township of Lakewood, enter into a contract for regular solid waste collection service with any lawful solid waste collector service providing such services within the Township of Lakewood. It shall be the responsibility of the owner of the multiple dwelling to provide a sufficient number of appropriate solid waste containers for the deposit of non-recyclable waste materials to be disposed of as solid waste.
c. 
Commercial or Institutional Buildings. Each responsible solid waste generator within the Township of Lakewood generating solid waste at a commercial or institutional facility within the Township shall, in those instances where a solid waste collection system is not otherwise provided for by the Township of Lakewood, enter into a contract for regular solid waste collection service with any lawful solid waste collector service providing solid waste collection services within the Township of Lakewood.
[1971 Code § 15-6.5; Ord. No. 2009-39 § 1]
a. 
The provisions of any other law, rule or regulation to the contrary notwithstanding, the Township Committee may require that every private solid waste collector who is registered pursuant to sections 4 and 5 of N.J.S.A. 13:1E-S, and holds a certificate of public convenience and necessity, pursuant to sections 7 and 10 of N.J.S.A. 48: 13A-9, to provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste collection services, if such services are not already provided for by the Township.
b. 
Whenever the Township Committee requires a solid waste collector to provide all responsible solid waste generators with the opportunity to contract for regular solid waste collection services, pursuant to paragraph a of this subsection, the Township Committee shall notify the Board of Public Utilities of these actions by certified mail.
c. 
In the event that a solid waste collector refuses the Township's requirement to provide responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to paragraph a of this subsection, the Township Committee shall notify the Board of Public Utilities of this refusal by certified mail.
d. 
The Township Committee shall notify the owner or operator of every solid waste facility utilized by the Township, of the adoption of this section, by certified mail.
[1971 Code § 15-6.6; Ord. No. 2009-39 § 1]
The Township Committee may request any solid waste collector engaging in private solid waste collection services within the Township to assist the Township in identifying those responsible solid waste generators who fail to comply with the provisions of this section or the New Jersey Proof of Service Statute.
[1971 Code § 15-6.7; Ord. No. 2009-39 § 1]
The provisions of any other law, or of any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, the owner or operator of a solid waste facility utilized by the Township shall establish weekly hours during which individuals may directly transport the solid waste generated at their residential premises for disposal at the solid waste facility. The owner or operator of such solid waste facility shall establish an equitable rate schedule for individual solid waste disposal by citizens on a "per pound" basis.
[1971 Code § BH14-5; Ord. No. 97-54; Ord. No. 97-57; Ord. No. 97-59; Ord. No. 2005-41 § 6; Ord. No. 2009-39 § 1; Ord. No. 2014-38]
a. 
All garbage and refuse shall be kept in the 95 or 65 gallon containers supplied by the Township.
If determined by Public Works that a larger container is needed, it will be supplied by the Township and placed on a concrete pad that will be supplied and installed by the user in a location that is accessible and acceptable. The area is to be fenced as approved by Public Works or Township Engineer. The size of the of the pad will be determined based on the number of containers needed.
b. 
All municipal solid waste (hereinafter referred to as "MSW") to be collected by the Township shall be placed at the curbline in receptacles as above described. They shall be set at the curbline approximately four feet from any obstruction (trees, mailboxes, telephone poles, guy wires, another container, etc.). No cars shall be parked in front of containers. Such MSW shall be collected once weekly on a day scheduled by the Township.
c. 
All MSW shall be thoroughly and completely drained of water and other fluids, wrapped securely in plastic garbage bags, and placed in appropriate receptacles as hereinbefore described.
d. 
All recyclables shall be collected in accordance with the statutory requirements of N.J.S.A. 13:1E-1 et seq., also known as the "Solid Waste Management Act"; Section 21-3 of the Revised General Ordinances of the Township of Lakewood; administrative regulation, and as directed by the Department of Public Works.
e. 
No person shall mix any fish, eggs, poultry, dog or cat carcasses, or any animal carcasses, manure, ashes, building materials, hazardous waste and other refuse with MSW to be collected by the Township.
f. 
The Township shall not be required to collect garbage or trash from any slaughterhouse, poultry dealer, butcher or other establishment where it is determined by the Board of Health either that more frequent collections are required or that the placing of garbage or trash on the sidewalk area near the curb for collection would be detrimental to health, welfare and safety.
g. 
No loose garbage, grass or other refuse shall be swept or placed in roadways.
h. 
No rubbish, leaves or other waste matter shall be burned in roadways.
i. 
Downtown Area.
1. 
The term "downtown area" as it appears in this section shall consist of that area in the Township of Lakewood delineated by the following boundaries:
Fifth Street to the North; Hurley Avenue to the South; Madison Avenue to the West; and New Jersey Central Railroad Tracks to the East.
2. 
In the downtown area, notwithstanding the type of receptacle utilized for MSW containment, no MSW shall be placed on the sidewalk area near the curb earlier than 6:00 a.m. nor later than 9:30 a.m. on the regular collection date scheduled by the Township.
3. 
In all residential zones, MSW contained in acceptable receptacles as described in paragraphs a and b hereinabove shall not be placed in the curb area for pickup before 6:00 p.m. of the day prior to the regular scheduled day for pickup by the Township.
4. 
In the downtown area, MSW collection will occur daily, Monday through Friday, weather conditions permitting, between the hours of 9:30 a.m. and 11:00 a.m. All MSW containers are to be removed from curbside immediately following MSW collection.
j. 
In all residential zones, all empty garbage cans and other receptacles, including those receptacles utilized for the containment of recyclables, shall be removed from the sidewalk area near the curb on the same day as collected. In addition to the above, at all single family homes, all empty garbage cans and other receptacles, including those receptacles utilized for the containment of recyclables, shall be placed back on the property at least behind the front yard setback.
k. 
It shall be unlawful for any person, excepting an employee of the Township in the discharge of his duties, or an authorized garbage and waste collector, to collect, pick up, rake or in any way disturb the garbage or other refuse material of whatsoever nature deposited in any receptacle laid or placed on any street or public place.
l. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section or of any other of the regulations which may be promulgated by the Township may be classified as rubbish and may be collected as such by the Township.
m. 
The Department of Public Works shall collect MSW only from residential uses and from those uses within the boundaries of the downtown area set forth in paragraph i1 hereinabove or by approval of the Township Committee.
n. 
Unless otherwise specified herein, the Department of Public Works is authorized to establish schedules for the collection of MSW, including garbage, trash, bulky waste and recyclables.
Items scheduled for bulk pickup may not be placed at curbside for pickup earlier than the Saturday or Sunday before the scheduled pickup. Bulk items shall be neatly set at curbside. All items scheduled for bulk pickup must be generated by or from the residences at which the bulk pickup is located. No construction or demolition materials will be picked up.
The containers may not be placed at curbside for pickup earlier than 5:00 p.m. the day before the scheduled pickup and the containers must be removed no later than 6:00 p.m. on the evening of the pickup.
The Township provided containers must be placed away from and out of sight of the street and may not be placed in the front yards of homes when not scheduled for pickup.
Recycling materials shall be put at curbside no earlier than 5:00 p.m. on the day before the pickup and recycling containers must be removed no later than 6:00 p.m. on the evening of the scheduled pickup.
The recycling containers must be placed away from and out of sight of the street and may not be placed in the front yards of homes when not scheduled for pickup.
o. 
The Township Committee, Department of Public Works or the Board of Health may promulgate additional rules and regulations in order to insure the effective operation of the collection and storage of garbage and trash and to insure the maintenance of proper sanitary and health conditions throughout the Township.
p. 
In those instances where a household located within the Township discovers a need for an additional Township issued refuse container for municipal garbage collection, separate and apart from the original Township issued refuse container issued at no cost to all households located within the Township, the resident(s) shall notify the Public Works Department of the need and, upon receipt of a forty-nine ($49.00) dollar service fee, the Public Works Department will issue the additional refuse container to the resident(s). Said fee shall serve as a deposit for the use of the additional refuse container and shall be refunded in full to the resident(s) upon the return of the additional refuse container to the Township. In the event the additional refuse container shall be lost or damaged, not due to the fault of the Township, the deposit shall be retained by the Township.
It shall be the responsibility of the Department of Public Works to maintain any and all records relating to the distribution/collection of the additional refuse containers. Any and all refunds of the deposit shall be issued through the Finance Department.
[Ord. No. 2009-39 § 1]
The provisions of this section shall not apply to tree surgeons or gardeners removing the debris resulting from operations of their trade; or to building or plumbing contractors removing debris arising out of construction operations; unless said debris is removed by private refuse collectors in which event the provisions of this chapter shall apply.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 2009-39.
[Ord. No. 2010-21 § 1]
a. 
Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Township of Lakewood, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Lakewood Township Department of Public Works.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
[Ord. No. 2010-21 § 1]
COMMINGLED
Shall mean a combining of non-putrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include: (list and define, as necessary, those designated recyclable materials from the county recycling plan for the residential, commercial and institutional sectors).
DUAL STREAM
Shall mean commingled all plastic bottles, aluminum and steel cans; paper magazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
ELECTRONIC WASTE
(To be included in those instances where a recycling program has been, or will be, established for these materials. Additionally, the following definition may be changed to reflect individual municipal program requirements) Shall mean a computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
HOUSEHOLD HAZARDOUS WASTE
Shall mean toxic household products such as herbicides, pesticides, household cleaners, paints and paint thinners, solvent and photographic chemicals.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this section; and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Township of Lakewood.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SINGLE STREAM
Shall mean the combination of commingled and paper listed above in one container. Do not include plastic bags, food waste, paper towels paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other then bottles. No juice boxes or bags. No garbage.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 2010-21 § 1]
The collection of recyclable material shall be in the manner prescribed as follows:
a. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
b. 
All receptacles or dumpsters shall be maintained in clean and in a safe manner in accordance with the requirements of this chapter.
[Ord. No. 2010-21 § 1]
The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 2010-21 § 1]
a. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
b. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
c. 
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
d. 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
[Ord. No. 2010-21 § 1]
a. 
Any application to the Planning Board or the Zoning Board of Adjustment of the Township of Lakewood, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
2. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
b. 
Prior to the issuance of a Certificate of Occupancy by the Township of Lakewood, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
c. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. No. 2010-21 § 1]
a. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 2010-21 § 1]
The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Ocean County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 2010-21 § 1]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof be punishable by a fine not less than $250, nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense. (Note- municipalities are empowered to incorporate the provisions of N.J.S.A. 40:49-5 into their ordinance. This provision may be viewed at the New Jersey legislative website).
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. No. 2010-21 § 1]
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately, unless otherwise provided by resolution of the governing body.
[Ord. No. 2006-53 § I; Ord. No. 2009-39 § 1]
The purpose of this section is to establish a yard waste collection and disposal program in Lakewood Township, so as to protect public health safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2006-53 § II; Ord. No. 2009-39 § 1]
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 the 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, grass clippings, and brush.
[Ord. No. 2006-53 § III; Ord. No. 2009-39 § 1]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this 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. No. 2006-53 § IV; Ord. No. 2009-39 § 1]
The provisions of this section shall be enforced by Code Enforcement.
[Ord. No. 2006-53 § V; Ord. No. 2009-39 § 1]
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 $100 for the first offense and $300 for subsequent offenses and/or incarceration in the County Jail for up to 90 days for each and every violation.
[Ord. No. 2008-37 § 1; Ord. No. 2009-39 § 1]
The purpose of this section is to keep Township property free from containers that might be unsightly or interfere with the Township's use of its property.
[Ord. No. 2008-37 § 2; Ord. No. 2009-39 § 1]
A container is defined as something that holds things especially for transport or storage.
[Ord. No. 2008-37 § 3; Ord. No. 2009-39 § 1]
The placement of private trash, recycling, clothing and other containers or storage facilities on Township property is hereby prohibited unless pre-approved by the Township Committee.
[Ord. No. 2008-37 § 4; Ord. No. 2009-39 § 1]
In addition to any other fines or penalties imposed under this act, the Township may remove the container or receptacle. The person, corporation, partnership or entity responsible for the placement of the container or receptacle shall be subject to a storage fee of up to $10 per day.
[Ord. No. 2009-39 § 1]
COVERED PROJECT
Means a construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll off container shall be placed on premises for the purpose of placement of solid waste materials.
[Ord. No. 2009-39 § 1]
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
[Ord. No. 2009-39 § 1]
a. 
Approval. A debris recovery plan shall be reviewed by the Township Construction Official and Municipal Recycling Coordinator, and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
b. 
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this chapter. If a debris recovery plan is not approved, the owner of the entity which submitted the plan, shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
[Ord. No. 2009-39 § 1]
a. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this chapter, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
b. 
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
c. 
Granting of an Adjustment. If the Municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
d. 
Denial of Adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this chapter, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
[Ord. No. 2009-39 § 1]
a. 
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
1. 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
2. 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
3. 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
[Ord. No. 2009-39 § 1]
The Municipal Recycling Coordinator shall review the information submitted pursuant to this chapter and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
[Ord. No. 2009-39 § 1]
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this chapter to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the department where appeal is to be filed shall be final.
[Ord. No. 2009-39 § 1]
The Code Enforcement Official, the Police Department, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, and the Housing Officer are hereby individually and severally empowered to enforce the provisions of this chapter. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 2009-39 § 1]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, nor more than $1000.
[Ord. No. 2009-39 § 1]
If it is determined, by a Court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect. This chapter shall take effect immediately.