[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:
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.
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.
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.
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.
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.
Shall mean a receptacle, container or bag suitable for the
depositing of solid waste.
Shall mean the storage, treatment, utilization, processing
or final disposal of solid waste.
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]
Shall mean a combining of non-putrescible source-separated
recyclable materials for the purpose of recycling.
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).
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.
(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.
Shall mean toxic household products such as herbicides, pesticides,
household cleaners, paints and paint thinners, solvent and photographic
chemicals.
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.).
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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the Township
of Lakewood.
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.
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.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purposes of recycling.
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.
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 the 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, 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]
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.
