[Ord. 2/26/59, § 1]
Before commencing the work of constructing or reconstructing
curbs, paving gutters or laying sidewalks, the lines or grades for
the same shall first be obtained from the Borough Engineer.
[Ord. 7/28/77, § 2; Ord. 12/27/84; Ord. 11/24/92, § 1; Ord. 8/4/05, § 1; Ord. No. 08-016G, § 1; Ord. No. 10-006G, § 1; Ord. No. 15-001G; Ord. No. 16-006G § 9; Ord. No. 17-004G § 2]
a.
It shall be unlawful to place or cause to be placed any material
whatsoever upon any public street or public right-of-way within the
Borough whereby the safe, free and unobstructed use of the same by
the public may in anyway be impeded. It shall further be unlawful
to place or cause to be placed in any public street or public right-of-way
in the Borough any garbage or other waste material for collection
unless the following regulations pertaining to garbage, trash, leaves,
grass and brush are strictly complied with; and further provided that
the same shall not be placed in any public collection by the Sanitation
Department of the Borough or its contractor at that location and that
said cans or receptacles shall not be placed at the street before
6:00 p.m. of the day prior to collection and shall be removed completely
from such public street or pubic right-of-way private property 12
hours after such garbage and trash collection is made.
[Ord. No. 17-004G § 2]
b.
It is the homeowner's responsibility to keep their curb, gutter and
sidewalk areas free of spilled garbage, debris or any other unsightly
material. It is the homeowner's further responsibility to keep these
areas free of vegetative growth/weeds.
c.
No items placed on public streets for collection shall be placed
in a manner to obstruct or cause to obstruct storm drains and the
free flow of water runoff.
d.
No can or other receptacle for garbage or refuse shall be larger
than 45 gallons, nor shall it, together with its contents, when set
out for the collection thereof, exceed 40 pounds in weight. All such
cans or other receptacles shall be equipped with handles and tight
fitting covers. No such bundles of trash, refuse, brush or limbs of
trees shall be larger than three feet in height by four foot lengths
and no such bundle shall weigh more than 40 pounds.
e.
Regulations pertaining to garbage, trash, bulk pickup and move-in/move-out
stops and leaves, grass and brush shall be as follows:
1.
GARBAGE.
(a)
All household garbage must be in sealed containers not to exceed
40 pounds in weight when full. Sealed containers are plastic cans
or metal cans with lids to avoid scavenging animals. Plastic bags
should be used only for paper products and non-food items.
(b)
Clean-up of all spilled garbage is the responsibility of the
homeowners.
2.
TRASH.
(a)
Paper goods or light trash must be placed in sealed plastic
bags or containers.
(b)
All larger amounts of household trash and larger items other
than garbage shall be removed only on bulk pick-up days. See schedule
below.
(c)
All smaller amounts of household trash and smaller items other
than garbage shall be removed on the 2nd collection weekly, limited
to two small items per week.
3.
BULK PICKUP AND MOVE-IN/MOVE-OUT STOPS REGULATIONS.
(a)
The revised bulk pickup and move-in/move-out procedures [read Subsections (b), (c), (d) and (e)] which took effect in 1991 will remain in effect until further notice for the entire Borough. Bulk pickups and move-in/move-out stops are for normal household debris of the property in question, other than normal garbage and building material or construction debris.
(b)
Each resident will be entitled to two annual bulk pickups [not
to exceed five cubic yards each] and/or one move-in and one move-out
stop, by calling Borough Hall in advance for an appointment.
(c)
No one will be permitted to place bulk pickup debris at the
curb for collection any sooner than the day prior to their appointed
pickup. Anyone who violates this rule will be notified by the police
to remove the debris at once.
(d)
Old appliances will be collected by appointment only as a separate
pickup. Appliances may only be placed at the curb the night before
the scheduled pickup.
All appliances will be collected at no charge.
(e)
All construction debris, whether work is done by a contractor
or homeowner, must be taken away by private hauler at the homeowner's
expense.
4.
LEAVES, GRASS AND BRUSH.
(a)
Grass should be left on lawn or composted. The Borough will
not collect grass.
(b)
All brush or limbs must be cut to four feet or less.
(c)
All leaves deposited during the fall and early winter must be
free of debris (twigs, small branches, etc.) for collection. Leaves
will not be collected from May 15 through August.
(d)
Large amounts of brush or debris deposited by contractors must
be carted away by the contractor. A large amount can be determined
by the Superintendent of Public Works. A large amount can be defined
as more than a five cubic yard dump truck's capacity.
5.
PLACEMENT OF GARBAGE, TRASH, LEAVES AND BRUSH.
All garbage, trash, leaves and brush must be placed in front
of or alongside the property of each resident, and shall not be placed
in front of public property or the property of any other resident.
[Ord. 11/24/92, § 2; Ord. No. 08-016G, § 1; Ord. No. 15-001G]
There will be no garbage collection on the holidays as listed
on the Borough Website www.rumsonnj.gov. When a resident's garbage
collection day falls on one of those holidays their garbage will be
picked up on the next regular collection day.
[Ord. 7/28/77]
No person shall put, deposit or leave or cause to be put, deposited
or left, any paper, advertising matter, circulars, rubbish, refuse,
grass clippings, trees or limbs of trees, or other material without
the express consent of the owner upon any private property not his
own within the Borough.
[Ord. 2/26/59, § 3]
No person in the performance of its customary work, shall encumber
or obstruct any public street or public place within the Borough with
any article or material whatsoever, unless such encumbrance or obstruction
is authorized by a written permit issued by the Borough Clerk as hereinafter
provided.
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Shall mean any person making application to the Borough Clerk
for an excavation permit hereunder.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
Shall mean the excavation, removal, replacement, repair,
construction or other disturbance of any portion of the public improvements
within a public street, easement or right-of-way. These public improvements
include, but are not limited to, curbs, sidewalks, driveways and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails,
turf, landscaping or other ground stabilization, signs, pavement markings,
lighting, street furniture and amenities, or any other public improvements.
For the purpose of this section, that work which is being performed
outside of the public right-of-way, but which results in any occupancy
of the public right-of-way, including storage of materials or the
operation of equipment, will also be deemed "excavation work." The
term "excavation work" shall also include the construction, addition,
installation or other provision of the whole or portions of the improvements
within a public street, easement drainage right-of-way or other public
way or public grounds by persons other than those exempted from the
provisions of this section, including privately sponsored construction
of curbing, sidewalks, pavement extensions, aprons, drainage or any
other portions of the public improvements.
Shall mean installing, placing or maintaining any facility
not owned by the Borough within a public street, easement or right-of-way;
encumbering or obstructing any public street, easement or right-of-way
with any article or material or driving, causing to be driven or parking
any vehicle over or upon any portion of any public street, easement
or right-of-way, except over established paved roadways or driveways.
The term "occupancy" shall also include the discharge of sump pumps,
roof drains or area drains into any portion of the public storm drainage
system or public right-of-way, either as a point source (e.g. piped)
or as concentrated surface flow. The term "occupancy" shall also include
the installation, operation, and maintenance of small cellular equipment
and antennas within the public right-of-way.
[Amended 12-15-2020 by Ord. No. 20-007G]
Shall mean any person who has been issued a permit pursuant
to the terms and conditions of this section and who is obligated to
fulfill all the terms of this section.
Shall mean any person, firm, partnership, association, corporation,
company or public or private organization of any kind other than those
exempted from the provisions of this section.
Shall mean and include any public street, highway, sidewalk,
alley, public easement, public right-of-way or public grounds accepted
or maintained by the Borough and any State, county or municipal street
over which the Borough may have acquired jurisdiction by agreement.
The limits of any street shall be the entire public right-of-way including
improved and unimproved areas.
[Ord. 5/19/05, § 1]
|
Editor's Note: Prior ordinance history includes portions of
Ordinance 2/26/59, 2/26/81 and 12/15/94.
|
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
No person may perform any excavation work in, or occupy any
portion of any street or public right-of-way, unless such work or
occupancy is authorized by a written permit issued by the Borough
Clerk as hereinafter provided.
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2; amended 12-15-2020 by Ord. No.
20-007G]
Applications for permits shall be made to the Borough Clerk and/or Borough Engineer. If a form is provided by the Borough Clerk and/or Borough Engineer, it shall be clearly and accurately completed. Whether or not a form is provided, the application shall contain a clear and definite description of the name, address and telephone number of the applicant; the name, address, telephone number and seven day, 24 hour emergency contact name(s) and telephone number(s) of contractor(s) (if not known at the time of application, this information must be provided before initiating any disturbance); the nature, scope, location, extent and purpose of the occupancy or excavation, together with the approximate size of any opening to be made; a sketch which clearly shows the location and dimensions of any proposed opening, the proposed dates of commencement and completion of the occupancy or excavation, which date shall be the expiration date of any permit issued pursuant to the application and such other data as may be reasonably required by the Borough Clerk, the Superintendent of Public Works and/or the Borough Engineer, including complete plan, profile and details of any proposed curb, sidewalk, pavement or other proposed improvement or structure being installed. For small cellular sites, the applicant shall provide the required information as found in Ch. 22, § 22-6.12.
[Ord. 5/19/05, § 1; Ord. No. 08-016G, § 1]
Applications for permits relating to the following matters may
be referred to the Borough Engineer for investigation and recommendation
before permits may be issued by the Municipal Clerk:
a.
Any connection to the stormwater collection system.
b.
Any connection to the sanitary sewer system other than a lateral
connection for an individual single-family dwelling.
c.
Construction of any pipes, inlets, drains, underdrains, chambers,
junction boxes, conduits or any other structure, above or below grade.
d.
Construction of new curbs, sidewalk or driveway aprons when necessary.
e.
Any disturbance of pavement, curb, sidewalk or any other improvement
constructed or substantially reconstructed within the five years prior
to the date of application.
f.
Any other excavation or occupancy which, in the opinion of the Borough
Clerk, requires review by the Borough Engineer.
g.
The proposed
installation of small cellular sites within the county or Borough
right-of-way.
[Added 12-15-2020 by Ord. No. 20-007G]
[Ord. 5/19/05, § 1; Ord. No. 08-016G, § 1]; Ord. No. 17-004G § 2)
The following nonrefundable permit fees are established and
shall be collected by the Borough Clerk before issuing a permit:
a.
Unless a specific fee is established hereinafter, the permit fee
shall be $200.
b.
Moving building along a street - $1,000.
c.
Discharge of a sump pump drain, roof drain or area drain into the public right-of-way where no connection to the public stormwater connection system is proposed - $200 (Subsection d below applies if a connection is proposed).
d.
Connecting to the sanitary sewer or stormwater collection system
- $200, and where a pavement opening is required, $25 additional for
each 100 square feet, or fraction thereof, of area disturbed.
e.
For construction or replacement of curbs, sidewalks or driveway aprons
— the greater of $200 or $1 per lineal foot of curb plus $0.50
per square foot of sidewalk and driveway apron.
f.
For other excavations or occupancies which disturb improvements,
such as utility connections - $200, plus $25 additional for each 100
square feet, or fraction thereof, of area disturbed.
g.
For utility infrastructure installations, repairs, upgrades, or replacements
- $200, plus $0.50 per linear foot of utility main installed, repaired,
upgraded, or replaced for the purposes of the fee calculation, lineal
footage of directional drilling, micro-tunneling, Jack and Bore, moling
or other trenchless installation shall be included.
h.
The proposed
installation of small cellular sites within the county or Borough
right-of-way shall be $500.00 for each location.
[Added 12-15-2020 by Ord. No. 20-007G; 2-16-2021 by Ord. No. 21-001G]
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
Application Review Escrow Fee. If the nature and extent of the work proposed requires review by the Borough Engineer pursuant to Subsection 13-2.4 or will require an unusual level of review by municipal officials or others to be retained by the municipality, the Borough Clerk, upon the advice of such other Borough officials as the Clerk deems necessary, may recommend to the Borough council that a refundable application review escrow fee be required. The Council may accept, modify or reject the recommendation.
b.
Inspection Escrow Fee. If the nature and extent of the work proposed
will require constant or regular periodic inspection by Borough staff
or by the Borough Engineer or by others to be retained by the Municipality,
the Borough Clerk, upon the advice of such other Borough officials
as the Clerk deems necessary, may recommend to the Borough council
that a refundable inspection escrow fee be required. The council may
accept, modify or reject the recommendation.
c.
Refundable application review escrow or inspection escrow fees shall
be administered in the same manner as similar fees required by the
Planning and Development Regulations Code of the Borough of Rumson:
(Subsection 22-3.14.l).
d.
Application Review and Inspection Escrow Fees. For reimbursing the
Borough for direct fees, costs, charges, and expenses shall be billed
in the same manner as by the Planning and Development Regulations
Code of the Borough of Rumson: (Subsection 22-3.14.m).
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
Permits shall not be issued unless a cash repair deposit or satisfactory
performance guarantee has been provided by the applicant.
b.
Cash repair deposits shall be:
1.
Disturbance area:
[Ord. No. 17-004G § 2;
amended 12-17-2019 by Ord. No. 19-007 G]
2.
(Reserved)
[Ord. No. 17-004G § 2]
3.
In case of disturbance of other improvements such as drainage, sidewalks,
drives or utilities, the Borough Clerk shall determine in each case
the amount of cash repair deposit sufficient to allow the Borough
to perform all repairs and restorations. The Clerk may request an
estimate from the Borough Engineer or other appropriate officials.
4.
In the
case of small cellular equipment and antenna installations, a $10,000
performance bond shall be posted with the Borough Clerk prior to the
road opening permit being released to the applicant for applications
of five locations or less. For applications of six or more equipment
locations, an additional $1,000 per location shall be posted in addition
to the initial $10,000 performance bond. Upon completion of the work,
the Borough Engineer will evaluate the completed improvements and
recommend the release of the performance bond to the Borough Council.
A two-year maintenance bond will be required for 50% of the original
performance bond.
[Added 12-15-2020 by Ord. No. 20-007G]
c.
If a required cash repair deposit exceeds $2,500 or if the annual
aggregate of cash repair deposits required of a single applicant exceeds
$10,000 or if the applicant is a regulated public utility, then the
Borough Clerk may accept, in lieu of a cash repair deposit, a performance
guarantee in the form of a surety bond or other adequate guarantee
acceptable to the Borough Council. If a surety bond is accepted it
shall be at least 150% of the greater of the required cash repair
deposit or the estimated cost of restoration.
d.
50% of a cash repair deposit shall be released upon completion of
all restoration. The balance shall be released one year later if there
are no restoration deficiencies. Surety bonds or other non-cash guarantees
shall not be released until one year after restoration is complete.
[Ord. 5/19/05, § 1]
Fees and/or performance guarantee requirements may be waived
by the Borough Clerk in the case of an application to repair or replace
existing (not construct new) curbs, sidewalks or driveways or in the
case of installation of improvements by a developer in accordance
with plans approved by a municipal agency; which improvements are
subject to a suitable performance guarantee. Fees and/or performance
guarantees may be waived or modified by the Borough Council for charitable,
public or quasi-public agencies or for eleemosynary institutions or
in unusual and exceptional circumstances.
[Ord. 5/19/05, § 1; Ord. No. 16-006G § 9; Ord. No. 17-004G § 2]
In addition to conforming with any other applicable Federal,
State, county or municipal regulations, permittee shall assume the
responsibility described in this section and shall take all actions
necessary to properly execute these responsibilities:
a.
Take appropriate measures to assure maintenance of traffic and the
safety of those using the streets. Permittee shall review all traffic
control measures, restrictions, closures and detours with and obtain
the approval of the Rumson Police Department. Permittee shall conform
to all conditions imposed by the Police Department. Permittee shall,
if required by the Borough Clerk, establish an escrow fund to reimburse
the extraordinary cost of the Borough for any police services.
b.
Maintain access at all times for fire, first aid, police and other
emergency services.
c.
Assure that all measures for protection of the public conform to
the Uniform Manual on Traffic Control Devices, the New Jersey Uniform
Construction Code and other applicable laws, regulations and standards.
d.
Protect all Utilities. Do not interfere with any utilities except
as permitted by the utility owner.
e.
Protect all adjoining properties from damage.
f.
Maintain temporary walkways in all sidewalk areas at least four feet
wide and adequately protected unless otherwise permitted by the Borough.
[Ord. No. 17-004G § 2]
g.
Maintain all portions of the stormwater collection system in full
operation without obstruction unless otherwise permitted by the Borough.
h.
Avoid Unnecessary Noise, Dust and Debris. Take measures to clean
the work site daily, lay dust as required and sweep all pavement areas
as required or directed by the Borough Clerk, Superintendent of Public
Works and/or Borough Engineer.
i.
Protect all Monuments and Survey Markers. If any monuments or markers
are destroyed or disturbed, cause them to be restored under the supervision
of a licensed New Jersey Land Surveyor to the satisfaction of the
Borough Engineer.
j.
Do not allow, permit or suffer any unguarded attractive nuisances
including, but not limited to, excavations, excavated material, machinery,
equipment or materials having the characteristics of an attractive
nuisance likely to attract children or others, and presenting a potential
hazard to safety or health.
k.
As the work progresses, clean all streets and private properties of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Borough. From time to time as may be ordered by the Borough and, in any event, immediately after completion of the work, the permittee shall clean up and remove all refuse and unused materials of any kind resulting from the work; and upon failure to do so within 24 hours after having been notified to do so by the Borough, the work may be done by the Borough pursuant to Subsection 13-2.18.
l.
The permittee
shall provide certified mailing notice to property owners within 200
feet of the proposed small cellular equipment and antenna location(s).
A copy of the certified mailing receipts shall be provided to the
Borough.
[Added 12-15-2020 by Ord. No. 20-007G]
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
No permit will be issued by the Borough Clerk to open or excavate
a new, reconstructed or repaved street within five years of its construction,
reconstruction or repaving.
b.
The Borough Council may authorize a permit prohibited by Subsection a above if the applicant can clearly demonstrate that the public health or safety requires the proposed work or a significant hardship exists. The council may, as advised by the Borough Engineer, impose additional conditions on the permit including extraordinary repair requirements.
[Ord. 5/19/05, § 1]
a.
Indemnification. By applying for and accepting a permit, the permittee
indemnifies and saves harmless the Borough of Rumson, the Borough
Engineer and their officers, officials, employees, agents and servants
from and against any loss, injury or damage (including costs of defense)
resulting from or related in any way to the work permitted except
to the extent that the loss, injury or damage results from the sole
negligence of the parties indemnified.
b.
Insurance. A permittee, prior to the commencement of excavation or
occupancy, shall furnish to the Borough Clerk satisfactory certificates
of insurance indicating that the permittee has in force and will maintain
in force, during the performance of the work and the period of the
permit, required worker's compensation, automobile liability and public
liability insurance of not less than $300,000 for any one person and
one million ($1,000,000) dollars for any one accident, and property
damage insurance of not less than $500,000, duly issued by an insurance
company authorized to do business in this State. The Borough shall
be named as an additional insured on the permittee's public liability
insurance policy. If the permittee is not performing the work, the
Borough Clerk will accept insurance from contractors which meets the
requirements of this section, assumes the permittee's contractual
liability and names the permittee and Borough as additional insureds.
In cases where the character or nature of the proposed excavation
work are such as to present an unusual hazard or a higher than normal
risk of damage or injury, the Borough Council may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred, by the Borough Clerk, for the consideration of the Council
prior to the issuance of a permit.
[Ord. 5/19/05, § 1]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be two feet or more
in depth, the base pavement shall be removed to at least 12 inches
beyond the outer limits of the trench. The face of the remaining pavement
shall be approximately vertical. If necessary, a power-driven concrete
saw shall be used so as to permit removal of pavement with a clean
saw cut edge.
[Ord. 5/19/05 § 1; Ord. No. 17-004G § 2]
a.
Tunnels under pavement shall not be permitted except by permission
of the Borough Engineer. If permitted, tunnels shall be adequately
supported by timbering and backfilling under the direction of the
Borough Engineer.
[Ord. 5/19/05, § 1]
b.
Trenchless excavations shall include but not be limited to directional drilling, micro-tunneling, Jack and Boring, moling, or any other method of installing underground utilities without disturbing the surface. Trenchless excavations shall not be permitted except by permission of the Borough Engineer. The restoration requirements for trenchless excavations shall be consistent with Subsections 13-2.14 and 13-2.16.
[Ord. 5/19/05, § 1; Ord. No. 16-006G § 9; Ord. No. 17-004G § 2]
a.
All restoration of pavement, drainage facilities, curbs, sidewalks,
driveway aprons, accessible curb ramps, and any other street improvement
shall, to the extent specifications and details are provided therein,
conform to the New Jersey Department of Transportation Standard Specifications
and Standard Details for Road and Bridge Construction and to the specific
requirements of this section. All pedestrian access routes, within
Borough of Rumson Right-of-Way, shall be constructed in accordance
with the United States Access Board-Proposed Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way, dated July 26,
2011.
b.
Details and/or specifications for restoration of street improvements
not provided in the Standard Specifications and Details will be subject
to approval by the Borough Engineer.
c.
All restoration will be subject to review and approval by designated
Borough officials. Any dispute which may arise as to the acceptability
of restoration will be resolved by decision of the Borough Engineer.
d.
In the case of utility work undertaken by a public or private utility,
which work involves placing of new or replacing or repairing existing
utility infrastructure, including but not limited to gas lines, water
lines, electrical lines, communication and data lines, and sewer lines,
where the area to be excavated (including horizontal directional drilling,
moling, jack and bore, or tunneling) is greater than 50 linear feet,
upon completion or within a reasonable amount of time as determined
by the Borough Engineer, the permittee shall mill and repave the entire
pavement surface from edge to edge or curb to curb for the full length
of the excavation, in accordance with the restoration requirements
herein. When the limits of restoration include an intersection with
pedestrian sidewalks, barrier free accessible curb ramps shall be
installed in accordance with the requirements contained herein.
[Ord. No. 17-004G § 2]
e.
All restoration of curbs, sidewalks, and driveway aprons (when applicable)
shall conform to the United States Access Board Proposed Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way, dated
July 26, 2011.
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
All trench openings shall be neatly saw cut. Unless specifically
allowed, in writing, by a Borough representative for unusual circumstances,
no excavation work area shall remain open overnight.
b.
All applications for excavations exceeding six feet in depth or with
a proposed depth greater than twice the distance from the limit of
the excavation to the right-of-way line shall be accompanied by plans
prepared by a New Jersey licensed professional engineer showing how
the excavation will be protected from side-wall collapse and damage
to adjoining property and structures. All excavation shall be under
the supervision of a "competent person" as required by regulation.
c.
Unless otherwise allowed, all trenches shall be backfilled at the
end of each working day with suitable materials from the trench excavation
or with granular borrow material. Rocks larger than two inches may
not be included in backfill. Backfill material shall be deposited
in layers and mechanically compacted to a minimum 90% Modified Proctor
Density or as otherwise accepted by a Borough representative. Consolidation
will not be acceptable as a method to achieve the soil densities specified.
[Ord. No. 17-004G § 2]
d.
The backfilling, replacement of sub-base and installation of base
course shall be completed within 24 hours after completion of work
except as otherwise permitted by a Borough representative.
[Ord. 5/19/05, § 1; Ord. No. 08-016G, § 1; Ord. No. 17-004G § 2]
a.
Following compaction, the permittee shall install no less than six
inches of dense graded aggregate followed by eight inches of bituminous
stabilized base course to the trench. If the distance from the edge
of the excavation work area to the existing curb or roadway edge is
less than two feet, the permittee shall be required to excavate to
the curb and evenly install six inches of dense graded aggregate followed
by eight inches of bituminous stabilized base course in the entire
area.
b.
Unless otherwise permitted or directed by a Borough representative, the partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. The permittee shall have the responsibility to monitor and maintain the trench so that a depression does not develop. If at any time during the settlement period, the Borough becomes aware that the trench condition is unacceptable, the permittee shall be notified of the condition requiring repair. Such repair shall be performed by the permittee within 24 hours of such notification by the Borough. In the absence of such timely repair, the Borough may proceed pursuant to Subsection 13-2.18.
c.
Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in Subsection d below and install no less than two inches of Hot Mix Asphalt surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and hot-poured, rubber asphalt joint sealer per of New Jersey Department of Transportation Standard Specifications for Roads and Bridges when appropriate.
[Ord. No. 17-004G § 2]
d.
All excavations, unless regulated under Subsection 13-2.14d or otherwise permitted by the Borough, shall require milling and restoration of the excavation work area extending from the curb or edge of pavement to the center line of the road or a minimum of one foot beyond the outer edges of the excavation, whichever is greater.
[Ord. No. 17-004G § 2;
amended 12-17-2019 by Ord. No. 19-007 G]
e.
Excavations along the center line of the street for more than 50
linear feet shall require full-width milling of the street surface.
[Ord. No. 17-004G § 2]
f.
The Borough Engineer has the discretion to extend, modify, or revise
milling limits to accommodate existing pavement and drainage conditions.
[Ord. No. 17-004G § 2]
g.
Unless otherwise permitted by the Borough, all excavations, open
or highly visible joints, all joints in pavements and all other excavations
as determined by the Borough, shall be repaired using infrared thermal
bond seamless bituminous pavement patching.
[Ord. No. 17-004G § 2]
h.
The permittee shall be required to replace any facilities, including
but not limited to, curb, pavement, sidewalk, line striping, etc.
that are affected by the excavation and restoration work.
[Ord. No. 17-004G § 2]
i.
With Borough approval, the limit of road milling and restoration
may be offset by the distance necessary to avoid disturbing the existing
line striping or markers.
[Ord. No. 17-004G § 2]
j.
Maintenance Procedures. It shall be the duty of the permittee to
guarantee and maintain all site restoration for one year after completion.
Performance guarantees will be released one year after final pavement
restoration is complete and approved by the Borough. Such release
shall be subject to the permittee having adequately maintained the
restored excavation work area for a period of one year from the date
of final completion and approval of the work. The Borough Clerk shall
retain 50% of any cash repair deposit and/or the full amount of any
non-cash performance guaranty during the one year period.
If an inspection reveals that any restored excavation area becomes in need of repair within the maintenance period, the Borough shall notify the permittee that he must repair the area within 30 days from the date of notification or sooner if safety or public convenience is involved. If the permittee fails to repair the trench within this time limit, the Borough may utilize the permittee's maintenance guarantee to pay for the cost of the repairs pursuant to Subsection 13-2.18.
Upon termination of the maintenance period, any remaining portion
of said performance guarantee that has not been expended shall be
returned to the permittee without interest.
[Ord. 5/19/05, § 1]
The permittee may be required to place a temporary surface over
openings made in paved traffic lanes if the street must be reopened
before the normal completion of work. Except when the permanent replacement
paving is to be placed before the opening of the excavation to traffic,
the fill above the bottom of the existing pavement shall be tamped
into place, properly graded and topped with a minimum of four inches
of bituminous patch material which is suitable to maintain the opening
in good condition until permanent restoration can be made, but in
no case, shall temporary patch be used for more than seven days without
the permission of a representative of the Borough.
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
If the permittee shall have failed to restore the surface of any
street or any other improvement to its original and proper condition
upon the expiration of the time fixed by such permit or shall otherwise
have failed to complete the excavation work covered by such permit
or shall fail to adhere to other requirements of this section, the
Borough shall have the right to do all work necessary to restore all
improvements, to eliminate violations and to complete the work. The
permittee shall be liable for the actual cost thereof and 25% of such
cost, in addition, for general overhead and administrative expenses.
The Borough shall have a cause of action for all fees, expenses and
amounts paid out and due it for such work and shall apply, in payment
of the amount due it, any funds of the permittee deposited as herein
provided; and the Borough shall also enforce its rights under any
non-cash guarantee provided. The Borough will normally give the permittee
24 hours notice of its intent to act, under the terms of this section,
to eliminate violations of this section or to restore the surface,
except that, in the case of immediate danger to public health or safety,
certified to by the appropriate officials, no such notice must be
provided.
b.
Should Public Works, the Police Department, or Borough Engineer at
any time determine that the permittee has failed to provide all required
signs and protective devices in accordance with the directions of
Public Works, the Police Department, Borough Engineer and/or the requirements
of the Manual on Uniform Traffic Control Devices, the Borough may
order the work stopped and suspend the permit and/or may provide and
erect or cause the provision and erection of such required signs,
barricades and traffic control devices, and the cost thereof may be
deducted from the cash repair deposit provided by the applicant or
may be billed directly to the applicant by the Borough. If such billing
is made and not paid by the applicant within 15 working days after
such billing, the amount may be deemed due and recoverable from the
applicant's cash deposit or surety. The Borough will normally provide
the applicant with 24 hours' notice of its intention to provide any
such required signs, barricades and traffic control devices, except
that, in case of immediate emergency or hazard to the public health
or safety, the Borough may cause the provision and erection of such
devices without notice.
[Ord. 5/19/05, § 1]
Except by special permission from the Superintendent of Public
Works or Borough Engineer, no trench shall be excavated more than
150 feet in advance of pipe laying or left unfilled more than 150
feet where pipe has been laid. The length of the trench that may be
opened at any one time shall not be greater than the length of pipe
and the necessary accessories which are available at the site ready
to be put in place during that single working day. Except with the
written permission of the Superintendent of Public Works or Borough
Engineer, no timber bracing, lagging, sheathing or other lumber shall
be left in any trench.
[Ord. 5/19/05, § 1; Ord. No. 17-004G § 2]
a.
No person will discharge roof drains, area drains, yard drains or
sump pump drains into the public right-of-way; connect them to any
portion of the stormwater drainage system or discharge them outside
of the public right-of-way in a manner to cause concentrated flow
into the public right-of-way without obtaining a permit.
b.
A permit to discharge roof drains, area drains and other facilities,
which do not convey groundwater and only flow during or immediately
after rainfall, into the public right-of-way or to connect them to
the municipal storm drainage system will be issued if the Borough
Engineer determines that:
c.
A permit to discharge sump pump drains or other facilities which
convey groundwater into the public right-of-way or connect them to
the municipal drainage system is subject to the following:
1.
No permit will be issued if:
(a)
The Borough Council, on the advice of the Borough Engineer or
other Borough official(s), finds that the proposed discharge will
create significant, unacceptable public safety or public health issues;
or
(b)
The Borough Engineer determines that a reasonable alternative
other than discharge into the public right-of-way exists. Reasonable
alternatives include modifications of the system to reduce or eliminate
the volume of discharge and/or discharging into ponds, water courses
or landscaped or natural areas on or adjacent to the property.
2.
The Borough Engineer will only issue a permit subject to use of the
following options, when available:
(a)
Connection to a stormwater drainage system or adequate receiving
piping available or to be made available on or adjacent to any portion
of the permittee's property; or
(b)
Connection to a stormwater drainage system or adequate receiving
piping available or to be made available not more than one property
away from the permittee's property which can be reached within the
public right-of-way without crossing a street; or
(c)
Any other reasonably available alternative.
3.
When issuing a permit to allow discharge into the public right-of-way
or a connection to the stormwater drainage system, the Borough Engineer
may designate the location of the discharge or connection.
d.
Drains and sump pump discharges in the public right-of-way legally
existing on the date of adoption of this section may be continued
without a permit and will not constitute violations of this ordinance
until:
[Ord. No. 5/19/05, § 5; Ord. No. 17-004G § 2]
a.
The permittee shall prosecute with diligence all excavation work
covered by the permit and shall promptly complete such work and restore
the street and other improvements as soon as practicable and, in any
event, not later than the date specified in the permit.
b.
All permits issued by the Borough Clerk shall expire one year from
the permit issued date. Upon expiration of the permit, the applicant
will be required to apply for a new permit, pay appropriate excavation
permit fees, supplement (if required) any deficient cash repair deposits
and shall furnish the Borough Clerk satisfactory evidence, in writing,
that the permittee has in force and will maintain in force during
the performance of the excavation work and the period of permit public
liability insurance in accordance with limits and conditions as contained
herein.
[Ord. 5/19/05, § 1]
If traffic conditions, the safety or convenience of the public
or the public interest require that the work be performed as emergency
work, the Borough shall have full power to order, at the time the
permit is granted, or at such subsequent time that the need becomes
apparent, that a crew of sufficient size and adequate facilities be
employed by the permittee for extended periods up to 24 hours a day,
for the duration of the project so that such excavation and repair
work may be completed as soon as possible. In enforcing this provision,
the Borough does not assume under any circumstances the responsibility
for the health and safety of the permittee's employees, contractors,
subcontractors, or other agents acting on behalf of the permittee,
the public or other third parties.
[Ord. 5/19/05, § 1]
In the event of an emergency, any person, otherwise subject
to this section, having responsibility, jurisdiction and/or authority
to cure, remedy or mitigate dangerous, hazardous, inconvenient, unhealthy
or obnoxious conditions resulting from the emergency may, without
first applying for and obtaining a permit under this section, take
any lawful action which requires excavation and/or occupancy of any
street. However, such person, or the agent or designee of such person
shall apply for an excavation permit not later than the end of the
second succeeding business day after any excavation or occupancy takes
place and may not proceed with permanent restoration until a permit
is obtained.
[Ord. 5/19/05, § 1]
This section shall not apply to excavation or occupancy by:
a.
The Borough or those acting under the control and direction of the
Borough including any person acting pursuant to a specific agreement
or contract approved by the Borough Council.
b.
Federal, State or County agencies or those acting under their control
and direction.
c.
Entities, having by their charters and the laws of the State, authority
to excavate or open the surface of streets without the consent of
the Borough, but only insofar as the purposes to which such authority
extends; in all other respects, such entities shall comply with this
section.
[Ord. 2/26/59, § 10]
No person shall construct or erect a sign or other advertising
matter which will extend over any portion of a public thoroughfare,
provided, however, that the Mayor and Council may grant permission
for the placing of temporary signs of a civic, religious, political
or charitable nature over public thoroughfare.
[Ord. 8/14/24, § 1]
It shall be the duty of the owner, or tenant in possession of
lands abutting or bordering upon the streets of the Borough to keep
the sidewalks in front of their premises free from all grass, weeds,
brush or other impediments obstructing travel thereover.
[Ord. 8/14/24, § 2]
Upon failure of the owner, or tenant in possession to comply with the provisions of Subsection 13-4.1 when notified in writing to remove such obstructions within three days of the receipt of the notice, the notice to be under the hand and seal of the Borough Clerk, it shall be the duty of the chairman of the road committee of the Borough Council to cause the removal of the obstruction or obstructions and certify the cost thereof to the Mayor and Council, who shall examine the certificate of such case, and if found correct shall cause the cost as shown thereon be charged against the lands abutting or bordering such public street or avenue and the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands.
[Ord. 4/28/77; Ord. 2/26/81, § 1; Ord. 1/12/89, § 1; Ord.
12/20/01, § 1; Ord. No.
08-016G, § 1; Ord. No.
15-001G; 8-11-2020 by Ord. No. 20-004G]
After January 1, 2009 the fee for off-street collection of garbage
and recycling from residential properties where the dwelling house
is set back 75 feet or more from the street line shall be $500 for
a period of one calendar year, or less, payable in advance. Fees will
not be prorated for periods of less than one year.
[Ord. 2/27/75, § 2; Ord. No. 15-001G]
Such off-street collection shall be provided only for those
properties which have driveway facilities adequate to accommodate
garbage trucks of the size and shape currently in use by the Sanitation
Department of the Borough or its contractor without damage to the
trucks or the property from which collection is to be made. All garbage
and recycling containers from which collection is to be made shall
be placed by the occupant of the premises at a point no more than
15 feet distant from that at which the garbage truck will stop and
no fewer than 75 feet from the street line.
[Ord. 11/13/86, § I; Ord. 2/12/87, § 1; Ord. 6/25/87, § 1; Ord.
8/27/87, § 1; Ord. 3/10/88, § I; Ord. 7/27/93, § 1; Ord. 5/19/05,
§ 1; Ord. No. 10-010G,
§ 1]
a.
It shall be mandatory for all persons, except those physically disabled
who are owners, lessees and occupants of residential property, to
separate leaves, glass bottles and jars, aluminum, tin and bimetal
cans, pourable plastic containers, newspapers and corrugated cardboard
as hereinafter defined from all other solid waste produced by such
residence for collection and ultimate recycling of said materials.
b.
It shall be mandatory for all owners, lessees and occupants of all
business and industrial property and of private, public and governmental
institutions and buildings to separate leaves, newspapers, pourable
plastic containers, glass bottles and jars; aluminum, tin and bimetal
cans, corrugated cardboard and/or high grade paper, from all other
solid waste produced by said nonresidential establishments for collection
and the ultimate recycling of said materials.
Pickup of corrugated cardboard, newspaper, pourable plastic
containers, computer paper and high-grade office paper for a "large
business" shall be picked up on a schedule to be determined by the
Recycling Coordinator; all other recyclables shall be removed at the
sole cost and expense of such commercial establishments for which
a weight receipt shall be delivered to the Recycling Coordinator.
This disposal shall not be at the drop off area of the Borough.
The recyclables of a "small business" shall be picked up at
curbside by the Borough on a schedule to be fixed.
c.
It shall be mandatory for all persons, except those physically disabled
who are owners, lessees and occupants of residential property and
all commercial establishments to separate all aluminum, tin and bimetal
food and beverage cans and pourable plastic containers from all other
solid waste produced by such residence for collection and ultimate
recycling of said materials.
d.
On and after the adoption of this section, and in accordance with
existing State regulations (N.J.A.C. 14A:3-11), all service stations,
oil retailers and motor vehicle reinspection stations with "used oil
holding tanks" shall accept up to five gallons at a time of used motor
oil from individuals changing oil from cars, lawn mowers or motorcycles
and shall post a sign informing the public that they are a "Used Oil
Collection Site."
e.
Grass clippings, white goods (appliances), wet cell batteries and
asphalt shingles may not be disposed with mixed household or commercial
trash.
f.
Residents, businesses and institutions within the Borough of Rumson
may only use those recycling haulers and/or facilities registered
with the County.
g.
Businesses, institutions and multi-family housing complexes not served
by municipal recycling collection programs shall provide the municipal
Recycling Coordinator with the name and address of the company providing
the solid waste and recycling collection system.
h.
Businesses or institutions hauling their own recyclables shall provide
the Municipal Recycling Coordinator with quarterly reports on the
quantity and destination of recyclables.
i.
The Borough of Rumson shall issue construction and demolition permits
only after the applicant has identified disposal and recycling arrangements.
The applicant shall provide appropriate records documenting the quantity
and disposition of all materials.
j.
The use
of plastic bags to contain recyclables is not permitted.
[Added 12-13-2022 by Ord. No. 22-007G]
[Ord. 11/13/86, § II; Ord. 3/10/88, § II; Ord. 5/19/05, § 1; Ord.
No. 10-002G, § 1; Ord.
No. 10-010G, § 1]
Shall mean all disposable items made of aluminum including
aluminum containers used for soda, beer or other beverages.
Shall mean cardboard of the type used to make cardboard boxes,
cartons, pasteboard and similar corrugated and craft paper material.
Shall mean all disposable bottles and jars made from silica
or sand, soda ash and limestone; the product being transparent or
translucent and being used for packaging or bottling of various matters.
Shall mean any commercial establishment requiring garbage
pickup of more than six standard size garbage cans or whose garbage
is disposed of in one container (dumpster) or more.
Shall mean high grade bond paper, mixed office and school
papers, such as stationery, construction paper and writing tablets,
including computer printouts, magazines, gift wrapping paper, soft
cover books, junk mail and single- layer cardboard (chipboard). Specifically
excluded are carbon papers, hard cover books (unless cover and binder
are removed), paper cups and plates, food wrappers or any other paper
contaminated by direct contact with food products, and paper products
used for personal hygiene, such as tissues.
Shall mean plastic bottles where the neck is smaller than
the body of the container, and is limited to plastic resin type #1
PET and plastic resin type #2 HDPE. Specifically excluded are other
resin types (#3 through #7) and non-bottle plastic containers such
as margarine tubs and other consumer items and packages, such as film
plastics, blister packaging, boxes, baskets, toys and other products.
Shall mean any commercial establishment requiring garbage
pickup of six standard size garbage cans or less.
Shall mean all garbage and rubbish normally produced by the
occupants of commercial, industrial and residential property and disposed
of by private or public pickup.
[Ord. 11/13/86, § III; Ord. 3/10/88, § III; Ord. 5/19/05, § 1]
A Borough employee, to be designated annually, is appointed
as Rumson Recycling Coordinator, and shall be responsible for developing
or contracting for collection and marketing of the recyclable materials,
and the enforcement of this section.
[Ord. 11/13/86, § IV; Ord. 6/25/87, § 2; Ord. 3/10/88, § IV; Ord.
5/19/05, § 1]
The Borough Council may use municipal personnel to collect recyclable
material set forth herein at curbside and/or from a drop off center
and shall sell said recyclable material if a market exists therefor
pursuant to N.J.S.A. 40A:11-1 et seq.
The Borough Council may elect to enter into agreements with
qualified persons or corporations authorizing them to collect said
recyclable material at curbside or from a drop off center and to sell
said recyclable material provided the amount of money realized exceeds
the cost of collection.
Private recycling services must take the recyclables directly
to markets and provide monthly tonnage information to the Recycling
Coordinator. Failure to provide monthly tonnage totals to the Recycling
Coordinator will subject such person or concern to penalty as provided
in this section under "Penalties and Violations."
[Ord. 11/13/86, § V; Ord. 3/10/88, § V; Ord. 5/19/05, § 1]
Recyclable material as described herein shall be the property
of the Borough of Rumson once placed on the curbside or brought to
the drop off center.
It shall be a violation of this section for any person unauthorized
by the governing body to pick up or cause to be picked up said recyclable
material as defined herein. Each such collection in violation hereof,
shall constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. 11/13/86, § VI; Ord. 6/25/87, § 3; Ord. 8/27/87, § 2; Ord.
3/10/88, § VI; Ord. 6/22/89, § 1; Ord. 5/19/05, § 1; Ord. No. 08-016G, § 1; amended 12-13-2022 by Ord. No. 22-007G]
Anything herein to the contrary notwithstanding any person,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property, may donate or sell said recyclable material
as defined herein, to any person, partnership or corporation whether
or not operating for profit. Said person, partnership or corporation
however, shall not pick up said recyclable materials at curbside or
at a municipal drop off center. All such transactions will require
the person or entity removing such material to provide the Recycling
Coordinator with a weight receipt for such removal.
The recycling drop off area located behind the Borough garage
at Borough Hall shall be limited to use for Borough residents only
and shall be limited to dropoffs from 7:00 a.m. to 5:00 p.m. Monday
through Friday, and from 8:00 a.m. to 12:00 p.m. on Saturday and Sunday,
except on holidays designated by the Borough.
No one shall be permitted to place construction, demolition
or land clearing debris which include asphalt, concrete, wood waste
(specifically stumps, large tree parts, pallets, larger pieces of
lumber) with other solid waste for landfill disposal. These will not
be taken at the landfill.
[Ord. 11/13/86, § VII; Ord. 3/10/88, § VII; Ord. 5/19/05, § 1; Ord. 11-005G; Ord. No. 15-001G; Ord. No. 16-006G § 9]
Garbage and solid waste will be picked up from all residential
property twice a week on a schedule to be fixed by the Superintendent
of Public Works, as set forth on the DPW page of the Borough Website.
Effective July 1, 2011, garbage and solid waste for large business
establishments will no longer be picked up from any containers (standard
cans or dumpsters).
Effective July 1, 2011, garbage and solid waste for small business
establishments will be picked up twice a week but the quantity will
be limited to three standard size garbage cans, as set forth on the
DPW page of the Borough Website.
No garbage or solid waste will be picked up unless access shall
be afforded at all times and the same shall be placed into the covered
standard size garbage cans (maximum forty-five-gallon cans and maximum
weight per can of 40 pounds each), as set forth on the DPW page of
the Borough Website.
Anything herein to the contrary notwithstanding, no persons,
partnership or corporation who is owner, lessee or occupant of any
residential, or nonresidential property may place any solid waste
of garbage in the Borough recyclables or in the Borough recyclable
drop area or any other Borough street or property.
Leaves will be picked up from October 15 through December 31
only, as specified on the DPW page of the Borough Website.
Brush will be picked up from January 1 through October 15 only,
as specified on the DPW page of the Borough Website.
[Ord. No. 10-002G]
a.
The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department and Municipal Code Enforcement Officers are
hereby jointly and severally empowered to inspect solid waste and
recycling arrangements and compliance at local residences, businesses,
schools and institutions, and to enforce the provisions of this section,
by issuance of warnings, notices, summonses and complaints. A typical
inspection may consist of sorting through containers and opening bagged
solid wastes to detect the presence of recyclable materials.
b.
The authorized inspector may, in his or her discretion, issue a warning
rather than a summons following an initial inspection(s), with a follow-up
visit to determine compliance within a stated period of time.
[Ord. 3/10/88, § VIII; Ord. 7/27/93, § 2; Ord. 5/19/05, § 1; Ord.
No. 08-016G, § 1]
[Ord. 11/9/89, § 2; Ord. 5/19/05, § 1; Ord. No. 10-002G, § 1; Ord. No. 10-010G, § 1]
a.
Materials designated in the Borough of Rumson Recycling Ordinance § 13-6 et seq. shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
For each subdivision application for 50 or more single-family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, pourable plastic containers, aluminum cans, tin and
bimetal cans). The storage area may be located in the laundry room,
garage, basement or kitchen.
2.
For each additional subdivision for 25 or more multi-family units,
the application shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, pourable plastic containers, aluminum cans, tin and
bimetal cans). The storage area may be located in the laundry room,
garage or kitchen. Unless recyclables are collected on a weekly basis
from each dwelling unit, one or more common storage areas must be
provided at convenient locations within the development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the municipal agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, pourable plastic containers, aluminum cans, tin and bimetal
cans, high-grade paper, and corrugated cardboard) that will be generated
by the development during each week. A separated storage area must
be provided to accommodate one to four weeks accumulation of recyclable
material. The municipal agency may require the location of one or
more common storage areas at convenient locations within the development.
[1]
Editor's Note: Former Subsection 13-6.11, Appliances with
Refrigerants — Fee for Removal, previously codified
herein and containing portions of Ordinances 8/27/92; 5/19/05 and
10-002G, was repealed in its entirety by Ordinance No. 10-006G, § 2.
[Ord. 12/8/88, § 1]
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public or private
property, other than a litter receptacle.
Shall mean any used or unconsumed substance or waste material
which has been discarded whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can, or
any top, cap, or detachable tab of any bottle, jar, or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
[Ord. 12/8/88, § 1]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas, construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
Shall mean a container suitable for the depositing of litter.
[Ord. 12/8/88, § 1]
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household litter as described in Subsection 13-7.1 or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. 12/8/88, § 1]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Ord. 12/8/88, § 1]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. 12/8/88, § 1]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots, and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer, or semitrailer which is:
[Ord. 12/8/88, § 1]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any highway unless such a vehicle is constructed or
loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle, or otherwise endanger travelers
or public property, shall immediately cause the public property to
be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. 12/8/88 § 1; Ord. No. 13-009G; Ord.
No. 16-006G § 9]
a.
It shall be unlawful for any owner, agent, or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or after completion of any construction or
demolition project. It shall be the duty of the owner, agent or contractor
in charge of a construction site to furnish containers adequate to
accommodate flyable or non-flyable debris or trash at areas convenient
to construction areas, and to maintain and empty the receptacles in
such a manner and with such a frequency as to prevent spillage of
refuse. Public right-of-way/roadway in front of construction site,
adjacent to site, or leading up to site shall be swept regularly to
keep right-of-way, roadway and storm drains clean of all debris, sand,
soil and gravel.
b.
Any violation of Subsection 13-7.8 shall be fined for each violation as follows:
|
Offense
|
Fee
|
|---|---|
|
1st
|
$250
|
|
2nd
|
$500
|
|
3 or more violations
|
$1,000 plus mandatory court appearance for each
|
Fines are based on the calendar year and shall be assigned
to the building permit holder/contractor. Violations against contractors
shall be cumulative, even if they occur on separate sites throughout
the Borough.
[Ord. 12/8/88, § 1]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. 12/8/88, § 1]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk, the curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin, or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[Ord. No. 18-015G § 5]
The depositing of snow and ice from private property onto public
streets is prohibited. No owner, tenant, occupant, or landscaper of
any premises abutting on any street shall throw, place, or deposit
snow or ice into or on any Borough street. It is the intent and purpose
of this provision to prohibit all persons from throwing, casting,
plowing, placing or depositing snow and ice which accumulates on or
within the private property in the Borough onto streets in the Borough.
