[1]
Editor's Note: Prior ordinance history includes portions of 1982 Code §§ 151-1 - 151-4, Ordinance Nos. 33, 65, 93-818, 03-1095, 04-1120, Executive Order 2004-6-3 and Ordinance No. 06-1198.
[Ord. #07-1230]
a.
It shall be unlawful for any person, corporation, or other legal entity to dig up or excavate any street, avenue, alley, lane, highway, road, sidewalk, curb, pavement or any part thereof, within the Borough Right of Way for any purpose whatever, unless and until a written application as hereinafter provided is first submitted to and a permit is granted by the Administrator.
[Ord. #07-1230]
a.
Any written application for a street excavation shall be made in quadruplicate, completed and signed by the applicant, and shall delineate and accurately describe the section or sections to be dug up or excavated and the purpose, nature, scope, area and extent of the work, the length of time the work will require, suitable drawings depicting the proposed work, the name of the person, firm or corporation who will perform the work and the time when the restoration hereinafter provided will be completed.
b.
The applicant shall list on the application the name, address and emergency telephone numbers of at least two persons responsible to be called at all times in case emergency problems or situations arise at the construction or maintenance site. A copy of this information will be provided to the Police Department (via the Administrator's Office) prior to the commencement of any work at the site. If for any reason, no person is available at the emergency telephone numbers or a person fails to cooperate with a request from the Police Department or Department of Public Works to correct a hazardous situation, the Borough shall have the authority to correct any hazardous condition or situation at the work site. In such event, the applicant shall be responsible to reimburse the Borough for all expenses incurred for such correction.
c.
Upon receipt of such application the Administrator will forward a copy each to the Director of the Department of Public Works and the Borough Engineer. If no objections to the issuance of such street opening permit shall have been received within five days, the Administrator shall issue such street opening permit provided, however, that the applicant shall have first delivered to the Administrator the appropriate fees and guarantees set forth herein.
d.
In the event the Administrator receives objections from the Borough Engineer or the Director of the Department of Public Works with respect to the issuance of a street opening permit within the five-day period aforesaid, then and in that event no permit shall be issued by the Administrator until such time or upon such conditions as the Administrator may impose.
e.
Fees. The fees shall be as follows: A fee of $38 shall be paid by applicant for the first 100 square feet or less to be excavated. There shall be an additional $10 for each 100 square feet or portion thereof above the initial 100 square feet. These fees shall apply to each application submitted and are not refundable. $10 of the fee will be placed in an escrow account for payment to a GPS/GIS entry and management entity. $3 of the fee will be placed in an escrow account to be utilized for a computerized document management system.
There shall also be an inspection fee of $100. The inspection fee will be waived in the case of repair of existing sidewalk. The calculation of the fees may be determined by the Department of Public Works or the Borough Engineer.
f.
In case of emergency, an emergency permit may be issued by the Police Department of the Borough, after which an application for a permit, as hereinbefore required, shall be made to the Director of Public Works, or his designated representative, within two business days after the work has been commenced.
[Ord. #07-1230]
a.
In addition to the application and inspection fee as set forth in subsection 15-1.2e, the application for a permit to perform work under this section shall be accompanied by a repair deposit. Such repair deposit shall take the form of cash or check, payable to the Borough of Tinton Falls, and shall be received by the Administrator prior to the issuance of any permit. Any repair deposit made hereunder shall serve as security for the repair of the road surface and/or off-road ground surface disturbed to a condition comparable to that present prior to the excavation in the event the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and/or the excavation work performed in accordance with the permit.
The amount of be collected in addition to the permit and inspection fees shall be:
1.
Areas where there is no permanent hard surface:
(a)
Repair Deposit — $5 per square foot to be excavated, provided that the minimum deposit shall be $250.
2.
Areas where the surface or treatment to be excavated is brick, asphalt, bituminous concrete, wood block or other permanent surface or treatment:
(a)
Repair Deposit — $10 per square foot, provided that the minimum deposit shall be $250.
Calculation of all fees may be determined by the Department of Public Works or the Borough Engineer.
b.
The repair deposit shall be held by the Borough for a period of one year and shall be utilized if necessary for the repair, resurfacing, restoration or paving of the area excavated, pursuant to the permit. Should such work not be necessary during the one-year period, the deposit shall be returned to the applicant. Final inspection of the excavation site may be performed by the Department of Public Works or the Borough Engineer. In lieu of the deposit by cash or certified check, the applicant may deposit a surety bond of equal amount and approved as to form by the Director of Law. Where several permits are desired throughout the year, a blanket bond in a sum to be fixed by the Administrator based on the estimated number of permits to be issued, may be given in lieu of a separate bond or deposit for each separate deposit, the bond shall be renewed annually. No such permit shall be or become effective unless and until the deposit herein required is made. Any permit issued may be on such other reasonable terms and conditions as the Borough may require in the public interest.
c.
Any such deposit shall be retained by the Borough of a period of one year from the date of the completion by the applicant of the work of restoring to at least its original condition and appearance any section or sections so excavated with the stabilized base course level and shall be made flush with the existing pavement, and shall be, until that time, security for any restoration herein provided as well as security for any other damage or loss the Borough may incur or become subject to by reason of such excavation or any work connected therewith.
d.
In the event any restoration herein provided is not completed with the time and upon the terms and conditions set forth in the application or the permit, or in the event such restoration is done otherwise than in good and workmanlike and approved manner and in accordance with standard practice, or in the event the Borough incurs or is or will become subject to any damage or other loss by reason of the work or excavation, then the deposit may be used and applied by the Borough to the Borough's work of restoration or to any such damage or loss and if the deposit is insufficient to answer therefore, then the applicant shall be and become liable to the Borough for any excess of the cost thereof over the deposit, and in the event the deposit is entirely sufficient therefore and there is any surplus, the Borough shall repay to the applicant any such surplus or balance remaining of the deposit.
e.
No deposit herein provided shall be returned unless and until the Director of Public Works, Borough Engineer, or suitable designee shall have first inspected the work and restoration thereof and has determined that the same has been performed in compliance with this chapter, evidence of such determination to be in the form of a certification signed by the Department of Public Works or Borough Engineer, a copy of which shall remain on file with the Administrator.
[Ord. #07-1230]
It shall be the duty of the applicant to restore the street surface in the following manner and to maintain all proper safeguards relating to the opening or excavation to protect the public from damage or injury resulting from same.
1.
All trench openings shall be neatly saw cut, unless specifically allowed, in writing by the Public Works Department for unusual circumstances.
2.
The type of material used for backfilling shall be as specified by the Borough Engineer to ensure the restoration of a street or road to its prior condition. For the purpose of establishing specifications for the restoration, the specifications promulgated by the Department of Transportation of the State of New Jersey shall serve as a guideline for street restoration.
3.
Tack coat should be applied to the edges of the street opening just prior to placement of the bituminous surface course. Placement of the tack coat shall be in accordance with the latest revision of the State of New Jersey Standard Specifications for Road and Bridge Construction.
4.
It shall be the duty of each person, corporation, partnership, firm and their contractor or agents to notify the Borough Administrator prior to the backfilling of the opening or excavation, and of the date such work will be done, so that the Borough Engineer or agent of the Borough may, in his discretion, inspect all aspects of the street restoration, etc., and to file a written report to be used in the determination of the return of the repair deposit.
5.
The partially restored pavement (stabilized base course level with the existing pavement as described in subsection 15-1.3c) shall be allowed to settle for no less than 90 days and no more than 180 days. Upon the completion of the settling period, the opened or excavated area shall be milled and repaved with NJDOT Mix I-5 utilizing an infrared restoration process. If at any time during the settlement period, the trench becomes unacceptable as determined by the Director of Public Works, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within 24 hours of such notification by the Director of Public Works. If the repair is not made in the time specified, the Borough may make the repair and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Public Works, an inspection shall be performed by the Department.
6.
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. #07-1230]
No permit shall be issued which would allow an opening or excavation of a paved or improved street surface less than five years old unless the applicant clearly demonstrates to the Borough Engineer that public health or safety requires the proposed work to be permitted or unless an emergency condition exists. If a permit is issued pursuant hereto to open any repaved street less than five years old, an enhanced restoration may be required for said opening permit at the discretion of the Borough Engineer. Enhanced restoration may include half width to full width milling and repaving to minimize the deleterious effects of the pavement disturbance.
[Ord. #07-1230]
The permittee shall first obtain the appropriate utility markouts as required by law. The permittee shall not interfere with any existing utility without the written consent of the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the Borough shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across the work, in accordance with applicable statutory provisions. In case any pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or owner and the expense of such repairs shall be borne by permittee, and his or its bond shall be liable therefore. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility, and its bond shall be liable therefore. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
[Ord. #07-1230]
No excavation shall remain open overnight, and any excavation shall be properly secured and marked with appropriate devices at all times.
[Ord. #07-1230]
The permittee may be required to place a temporary surface over openings made in paved traffic lanes if the road must be reopened before the normal completion of work. The fill below 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.
[Ord. #07-1230]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner so as not to endanger those working in the trench, pedestrians or users of the streets and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow street, the Borough shall have the authority to require that the permittee haul the excavated material to a storage site and then return it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
[Ord. #07-1230]
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repairs shall conform to the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Department of Public Works shall require the labor and materials to be furnished and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
[Ord. #07-1230]
As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department of Public Works. From time to time as may be ordered by the Department of Public Works, and in any event, immediately after completion of the work, the permittee shall at his or its own expense 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 and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[Ord. #07-1230]
This section shall not be construed as imposing upon the Borough or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an opening or excavation permit is issued hereunder; nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any opening or excavation work.
[Ord. #07-1230]
The penalties for violation of this section shall be proscribed as set forth in Chapter 1-5 (General Penalties) in the Tinton Falls Revised General Ordinances.
[1982 Code § 101-1; Ord. #603; Ord. #629; Ord. #639; Ord. #05-1169, § 1; Ord. #10-1297]
As used in this section:
Shall mean normally loose items which shall be collected if organized into bundles of not more than five feet in length and tied with heavy twine, rope, wire, etc. "Bundles" shall be organized as to be conveniently handled by one person. No "bundle" shall exceed 50 pounds in weight.
Shall mean a receptacle constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. "Containers" shall have handles and covers so that the contents therein are not exposed to the weather, animals and vermin.
Shall mean computers, monitors and other related electronic hardware as well as televisions, radios, cameras, VCR's, DVD players and stereo components.
Shall mean and include rugs, plate glass, cold ashes, offal or kitchen waste, animal matter, vegetable matter, other than branches, tree limbs, tree trunks and trimmings, leaves and grass cuttings. Containers which, in the opinion of the Department, are badly broken or fail to meet the requirements of this section may be classified as "garbage." Items classified as recyclables shall be prohibited from being placed commingled with other materials.
Shall mean all garbage and rubbish normally produced by the occupants of residential and nonresidential property, disposed of by private and/or public pickup and defined as "solid waste" by the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3).
Shall mean any right-of-way, avenue, boulevard, road, parkway, viaduct, drive or other way which is:
An existing State, County or municipality roadway; or
Shown upon a plat approved by the Planning Board or Zoning Board of Adjustment and built in accordance with Borough standards, and which may be either public or private; or
Shown on a plat filed in the office of the County Clerk of the County of Monmouth prior to the creation of the Planning Board or Zoning Board of Adjustment of the Borough of Tinton Falls; and
Not dedicated, in whole or in part, as a parking area or driveway which provides access to any building or structures.
[1982 Code § 101-2; Ord. #603; Ord. #05-1169, § 1; Ord. #10-1297]
a.
Collection districts and areas, together with the dates of collection, shall be established by regulation of the Department of Public Works. In the event of an emergent situation, the Department may suspend, restrict or otherwise modify the provisions of this section.
b.
The following shall constitute holidays on which no collection shall be made:
New Year's Day.
Martin Luther King Jr. Day.
Presidents Day.
Good Friday.
Memorial Day.
Independence Day.
Labor Day.
Columbus Day.
Veterans Day.
Thanksgiving Day.
Thanksgiving Friday.
Christmas Eve.
Christmas Day.
[1982 Code § 101-3; Ord. #603; Ord. #629; Ord. #639]
Property owners and their agents, lessees, tenants or other occupants residing in residential dwellings who wish to have their solid waste disposed by the Borough shall:
a.
Place solid waste from their dwelling unit in appropriate containers as specified at the street curb if one exists or adjacent to but not on the street pavement if there is no curb.
b.
Containers shall be placed for collection as specified above beginning at dusk of the night preceding the scheduled collection day. All containers with solid waste shall be placed by 7:00 a.m. of the collection day, and those placed after that hour may not be collected if the collection activity has already taken place. Solid waste containers shall be removed from the curb or pavement edge by 7:00 p.m. of the evening of the collection day.
c.
Residential properties shall be permitted to place solid waste for collection pursuant to this section and regulations issued by the Department of Public Works. These regulations shall, as a minimum, state the type and number of containers and shall provide for regular, special and unlimited pickup, subject to limitations of the municipal budget of the Borough.
d.
The Department may, provided that sufficient capacity of the routes remain, permit additional containers to be placed, provided that special prior arrangements have been made with the Department.
e.
No collection of solid waste shall be accomplished on property outside of the dedicated public rights-of-way unless and until a release and a hold harmless and indemnification agreement between the property owner of record and the Borough of Tinton Falls shall be executed and in force. The owner of record shall also execute a license to the Borough to permit access to the premises in question.
[1982 Code § 101-4; Ord. #603; Ord. #629]
a.
Nonresidential property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed by the Borough shall:
1.
Place all solid waste from their commercial or business property in accordance with the provisions of paragraphs a and b of subsection 15-6.3, Residential Garbage Collection, provided that the maximum number of containers or bundles shall be eight.
2.
Provide containerized receptacles which shall be located on private property in accordance with regulations of the Department.
b.
Containerized receptacles shall be required at the sole discretion of the Department when the volume or weight of the solid waste generated from a nonresidential property exceeds the limit of containers and bundles imposed by the Borough. In the event that the number or size of the containerized receptacles is found to be insufficient, the Department in its sole discretion may require additional containerized receptacles.
c.
All containerized receptacles shall be purchased, procured or provided by the property owner and his agent(s), lessees, tenants or other occupants at their own cost. All containerized receptacles shall meet and conform to specifications determined by the Department of Public Works.
d.
All containerized receptacles shall be located on private property within a dedicated area determined by the Department in order that the containerized receptacle can be promptly, efficiently and safely emptied. The property owner and his agents, lessees, tenants or other occupants shall cause no obstruction to block, partially block or impede the Department or its agent from access to the containerized receptacle. In the event that the containerized receptacle cannot be emptied in the sole discretion of the Department, collection service shall be refused, and any subsequent service shall be at the expense of the property owner and his agents, lessees, tenants or other occupants.
e.
No solid waste shall be removed unless the same is placed inside the containerized receptacle.
f.
In the event of a holiday where collection activities are suspended, nonresidential collection activities shall return on the next regularly scheduled collection day without makeup collection.
[1982 Code § 101-5; Ord. #603; Ord. #629; Ord. #05-1169, § 1; Ord. #10-1297]
The following items are prohibited from being placed for collection:
a.
Construction materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
b.
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block and macadam.
c.
Industrial waste, including but not limited to processed scrap materials, packing materials and certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous, or solid form.
d.
Bulk automotive parts, including but not limited to transmissions, engines, rear ends, wheel tires, mufflers, and other bulk items normally produced in quantity by vehicular repair operations.
e.
Dead animals, animal waste and animal droppings.
f.
Surgical dressings, syringes and disposable hospital-type items.
g.
Hazardous waste classified pursuant to regulations issued by the New Jersey Department of Environmental Protection, adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly known as "commercial hazardous waste" and "household hazardous waste" shall be excluded from the waste flow accepted from commingled and garbage disposal.
h.
Automotive and other vehicle wet cell batteries, rechargeable dry cell batteries, button batteries, used motor oil and antifreeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrapyards, or publicly-operated recycling facilities designed and permitted to handle such products.
[1982 Code § 101-6; Ord. #603]
a.
Domestic or household bulky items, such as washing machines, refrigerators, stoves, household appliances, and other household furnishings, such as chairs, sofas, etc., shall not be placed at the curb for collection unless special arrangements have first been made with the Department of Public Works. No public item shall be of a weight or be of a size greater than can be conveniently handled by two persons.
b.
It shall be a violation of this section for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without lock, without first removing the airtight door.
[Ord. #10-1297]
a.
As of January 1, 2011 computers, computer monitors and other related electronic hardware as well as televisions, radios, cameras, VCR's, DVD players and stereo components shall be recycled.
b.
Electronic waste is prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Ord. #10-1297]
Property owners of record shall be responsible for the placement of materials for collection as specified herein.
a.
Violation or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be punishable by a fine as follows:
b.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
c.
Fines levied and collected in Municipal Court pursuant to the provisions of this section shall be deposited into the Borough of Tinton Falls Recycling Trust Fund. Monies in the Borough of Tinton Falls Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[1982 Code § 101-10; Ord. #603]
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this section shall hold harmless and indemnify from any and all losses the Borough of Tinton Falls, its employees, and agents for all costs, direct and indirect which are attributable, in the sole discretion of the Borough, for materials collected which were placed for collection in violation of the terms of this section.
[1982 Code § 101-11; Ord. #603; Ord. #629]
The Administrator may fix fees for nonresidential solid waste collection for containerized receptacles by regulation, including but not limited to normal service, and recollection if collection activities are unable to be performed due to violation of this section.
[1982 Code § 101-12; Ord. #603; Ord. #12-1353]
Fees not paid within 30 days of assessment by the Department shall constitute a lien against the nonresidential customer and/or property owner which may be collected via an action of law.
[1982 Code § 101-13; Ord. #603; Ord. #05-1169, § 2; Ord. #10-1297]
The provisions of this section shall be enforced by complaint signed by a member of the Department of Public Works, Code Enforcement, Monmouth County Health Department Solid Waste Enforcement Team or Public Safety of the Borough of Tinton Falls.
[1982 Code § 101-14; Ord. #603; Ord. #629]
The Department of Public Works shall, by regulation, designate a municipal drop-off center. The center shall accept, as a minimum, used motor oils pursuant to N.J.A.C. 14A:3-11.1 et seq., as well as any other items classified as recyclable by regulation of the Department of Public Works.
[1982 Code § 101-15; Ord. #602; Ord. #629; Ord. #10-1297]
a.
Upon classification of an item or material, presently or prospectively a part of the commingled solid waste flow, as recyclable, residential and nonresidential property owners, except for the United States Government and the State of New Jersey, shall cause themselves and their agents, lessees, tenants or other occupants to separate the newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and plastic bottles.
1.
Newspaper shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
2.
Corrugated cardboard shall mean layered cardboard including a waffle section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are any cardboard contaminated by direct contact with food, such as pizza boxes.
3.
Clean mixed paper 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, paper cups and plates, food scrapes or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
4.
Aluminum cans shall mean all disposable cans made of aluminum used for food or beverages.
5.
Aluminum products shall mean aluminum foils, pie tins and trays, specifically excluded are cookware or other aluminum products.
6.
Tin and bi-metal cans shall mean all disposable cans made of tin, steel or a combination of metals, including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints.
7.
Glass bottles and jars shall mean containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
8.
Plastic containers shall mean #1 Plastic which includes soda bottles, ketchup bottles and medicine containers. #2 Plastic which includes milk or water jugs, liquid laundry soap containers, bleach containers and shampoo bottles. #5 Plastic which includes yogurt tubs, and other food storage containers. Specifically excluded are #3 Plastics which includes PVC pipes, shower curtains and shrink wrap. Also excluded are #4 Plastics which include plastic grocery bags, sandwich bags, and food storage bags. Also excluded are #6 Plastics which include disposable flatware, plastic cups and bakery containers. Also excluded are #7 Plastics which includes large toys and lawn furniture.
b.
The Department of Public Works shall issue further regulations classifying recyclables and providing for the method and manner of collection. The classification shall be dependent upon the existence of lawful disposal, users or markets for the recyclables.
c.
Multi-Family and Nonresidential Collection of Recyclables.
1.
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and various types of recyclables, as appropriate unless otherwise supplied by the Borough of Tinton Falls.
2.
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or specific recyclables, as may be appropriate.
[1982 Code § 101-16; Ord. #602; Ord. #629]
The Department of Public Works may issue regulations exempting from total or partial compliance those residential properties whose sole occupant or occupants are unable to meet the requirements of this section by reason of a physical disability.
[1982 Code § 101-17; Ord. #602; Ord. #629]
The Division of Sanitation within the Department of Public Works shall forthwith transmit all solid waste collected pursuant to this section to lawfully licensed facilities designated by the County of Monmouth in the Monmouth County Solid Waste Plan and/or the State of New Jersey. If permitted by the Solid Waste Plan and if the users and markets exist on a positive-cost-benefit-ratio basis to the municipality, then the Borough may elect to dispose of the solid waste or a portion thereof in an alternative manner pursuant to Statute and regulation.
[1982 Code § 101-18; Ord. #602; Ord. #629; Ord. #10-1297]
a.
All designated recyclables become the property of the municipality and/or the contracted collector once placed at the curbside, in a container provided by the contractor, or brought to and accepted at the Municipal Recycling Depot.
b.
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c.
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclables materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials at curbside.
[1982 Code § 101-19; Ord. #602; Ord. #629; Ord. #10-1297]
Materials classified as recyclable shall only be disposed of by:
a.
Placing them for collection by the Borough pursuant to the terms of this section and regulations issued by the Department of Public Works.
b.
Disposing of, giving, donating or selling them or permitting them to be collected by any person, partnership or corporation, whether operating for profit or not, provided that the material shall:
1.
Be recycled.
2.
Be collected from a point other than the curbside in districts with municipal collection of recyclable items or materials or at a municipal drop-off center, except with the permission of the Borough of Tinton Falls.
3.
Any multi-family complex, business of institution not provided recyclable collection service by the Borough of Tinton Falls shall provide the Borough Recycling Coordinator with, at a minimum, an annual report describing arrangements for recyclable collection services, the amount and types of material recycled and the name and address of any contractor hired to provide such service.
[1982 Code § 101-20; Ord. #602; Ord. #629; New; Ord. #05-1169, § 3]
a.
Each such collection in violation of this section and each day a violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. #05-1168, § 1]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Tinton Falls, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #05-1168, § 2]
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 for storage in a trash can, bucket, biodegradable bag or other vessel pursuant to regulations issued by the Department of Public Works, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
Shall mean leaves, pine needles, brush and branch and tree limbs.
[Ord. #05-1168, § 3]
a.
Branches, Brush and Bulk Tree Limbs. Branches, brush and bulk tree limbs will be collected throughout the year if deposited at the street curb if one exists or adjacent to, but not on, the street pavement if there is no curb. Branches, brush and bulk tree limbs may be placed at the curb in reasonable piles beginning the Saturday before the scheduled and announced collection. During the announced leaf collection days, branches, brush and bulk tree limbs may not be placed out for collection. Brush, branch and bulk tree limbs may not be placed closer than 10 feet from any storm drain.
b.
Leaves and Pine Needles. Sweeping, raking or otherwise placing yard waste 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. #05-1168, § 4]
The provisions of this section shall be enforced by complaint signed by a member of the Department of Public Works, Code Enforcement or Public Safety of the Borough of Tinton Falls.
[Ord. #05-1168, § 6]
Property owners, and their agents, lessees, tenants or other occupants who place materials not in accordance with this section shall hold harmless and indemnify from any and all losses the Borough of Tinton Falls, its employees, and agents for all costs, direct and indirect which are attributable in the sole discretion of the Borough, for materials collected which were placed for collection in violation of the terms of this section.
[Ord. #09-1278, § I]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Tinton Falls and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #09-1278, § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Tinton Falls or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #09-1278, § III]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Tinton Falls.
[Ord. #09-1278, § IV]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #09-1278, § V]
This section shall be enforced by the Police Department, Code Enforcement and/or Department of Public Works of the Borough of Tinton Falls.
[Ord. #09-1278, § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to penalties provided under Section 1-5 et seq. of the Borough Code.
[Ord. #09-1277, § I]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Tinton Falls so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #09-1277, § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Tinton Falls or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #09-1277, § III]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
[Ord. #09-1277, § V]
Storm drain inlets identified in subsection 15-9.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c.
a.
Design engineers shall use either of the following grates whenever they us a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2.
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a)
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b)
A bar screen having a bar spacing of 0.5 inches;
(c)
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. #09-1277, § V]
This section shall be enforced by the Police Department, Code Enforcement and/or Department of Public Works of the Borough of Tinton Falls.
[Ord. #09-1277, § VI]
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 those provided pursuant to Section 1-5 of the General Revised Ordinances of the Borough of Tinton Falls for each storm drain inlet that is not retrofitted to meet the design standard.