Chapter 37, Garbage, Rubbish, Solid Waste Management is deemed necessary in the interest of the health, safety, and welfare of the general public of the Borough of Wildwood Crest.
As used in this section.
Includes, but is not limited to appliances, furniture, and other large items, which have unusual weight and/or will not fit in garbage receptacles. Bulk trash shall also include materials or items as may be further described in Article II, Section H, contained herein. The removal of building materials otherwise not acceptable as bulk trash, shall be the responsibility of the owner of the property and/or the individual obtaining a building permit.
Animal, dairy, fish, fowl, fruit or vegetable waste incident
to and resulting from the use, preparation, cooking and consumption
of food. This definition shall include other matter not specifically
described which is subject to decay, decomposition, putrefaction or
the generation of offensive or noxious odors or gases which before,
during and after decay may serve as feeding or breeding material for
animals, flies, insects or seagulls.
Any container or receptacle owned by the Borough of Wildwood
Crest, located on Borough property or otherwise contained within the
Borough of Wildwood Crest used for the collection/deposit of trash
generated by the general public. Waste generated by any individual
residential or commercial use or activity or vendor shall not be considered
waste generated by the public.
Waste accumulations of glass, plastic, metal, uncontaminated
paper and other materials as may be defined by the Borough of Wildwood
Crest, the Cape May County Municipal Utility Authority, or the New
Jersey Mandatory Source Separation and Recycling Act as materials
considered acceptable for recycling.
Garbage, rubbish, refuse, bulk trash, trash, and all other
discarded materials, not otherwise specifically described herein resulting
from residential, commercial, community use or activities.
Waste accumulations of contaminated paper, non-recyclable
materials or articles, styrofoam or any other waste materials common
to or resulting from residential, commercial or community use or activity.
The placing, depositing, collection and disposition of solid
waste within the Borough limits of the Borough of Wildwood Crest shall
not be permitted in any manner except as provided for herein.
Every person, corporation or other legal entity, owner, occupant,
lessee or proprietor or inhabitant otherwise in possession of a dwelling
or structure of residential use or commercial operation shall provide
or cause to be provided suitable receptacles with lids for solid waste
which containers or receptacles shall be of rigid construction with
tight-fitting lids and placed at curbside. Waste containers or receptacles
shall be water-tight with suitable handles and covered to prevent
access to any contents by animals, insects, rainwater or liquids,
seagulls. Receptacles or containers shall not exceed 50 pounds in
weight per receptacle or container.
Owners, occupants or proprietors shall provide adequate number
of trash and recyclable containers or receptacles based on occupancy,
type of use, and trash and solid waste accumulation. No owner, occupant
or proprietor shall cause trash or solid waste to be deposited for
collection in a manner which receptacles are overflowing or exceed
weight limit capacity.
All containers/receptacles shall be properly marked with stickers
or permanent markers for recycle collections and should contain the
street address to which property the trash containers/receptacles
belongs.
It shall be the duty and sole responsibility of the property
owner, occupant or proprietor to maintain the receptacles or containers
and lids in good repair and condition so as to properly secure said
materials for collection.
All garbage, refuse and solid waste shall be placed curbside
for collection no earlier than 7:00 p.m. on the day immediately preceding
collection and all containers/receptacles shall be removed from curbside
no later than 7:00 p.m. on the day of collection.
It is a violation of this section to use plastic or burlap bags
for collection other than inside proper receptacles/containers as
defined herein.
The Commissioner of Public Works shall prepare a resolution,
annually or more often as required, setting the schedule of days of
trash collection and provide advertisement of the schedule to the
public, which resolution shall be approved by the Board of Commissioners.
[Amended 9-6-2023 by Ord. No. 1407]
Owners, occupants or proprietors of apartment houses, motels,
hotels and other housing combinations, including condominiums, having
three or more living units or commercial use establishments shall
furnish adequate community receptacles, dumpsters or containers for
solid waste into which owners, occupants, tenants may empty receptacles
used for each room, unit, apartment, condominium or commercial use.
When the volume of solid waste generated exceeds the capacity
of eight receptacles, a community receptacle, dumpster or container
shall be provided by the owner, occupant or proprietor of any dwelling
or structure of either residential or commercial use. When it is deemed
in the interest of public health and welfare to do so, the Commissioners
of the Department of Public Works, the Borough Engineer or Zoning
Official of the Borough may determine the size, type and location
of the community receptacle, dumpster or container.
A.
Community receptacles, dumpsters or containers shall be placed on
concrete pads and situated out of the public right-of-way but within
access to a suitable ramp so that regular collection is not prohibited.
Community receptacles, dumpsters or containers shall not be vented
and shall be fully enclosed so that the contents are not visible from
adjoining public streets, parking facilities, pedestrian or vehicular
roadways or adjacent lots when viewed by a person standing on ground
level, by use of decorative walls or fencing. Roofing, however, is
not required. Vinyl, Azek and Azek-type materials, wood or composites
are permitted; use of chain-link or other wire mesh fencing is prohibited.
Each dumpster shall fit within the overall enclosure's design. It
shall be the responsibility of the owner, occupant or proprietor where
the receptacle, dumpster or container is located to keep it properly
maintained with lids fastened so as to not interfere with normal collection.
[Amended 9-6-2023 by Ord. No. 1407]
(1)
Compliance.
In the event existing community receptacles, dumpsters or containers
encroach into a required yard area, are not enclosed in accordance
with the provisions of this article, and further provided that there
is no other location that the receptacles, dumpsters or containers
can be located on the property in conformance with the Borough's Land
Development Ordinance,[1] the property owner, occupant or proprietor shall be permitted
and required to enclose the dumpsters or trash receptacles to comply
with the provisions of this article. All properties shall comply with
the provisions of this article prior to Memorial Day weekend of 2024.
(2)
Application
for enclosure. A survey or plan, depicting the location, number and
type of the receptacles, dumpsters or containers, together with a
description and location, type and material of the proposed enclosure
required by this article, and such other information that the Zoning
Officer shall reasonably require, shall be provided to the Zoning
Officer, who shall determine the following: 1) that there is no other
suitable location on the property to place the receptacles, dumpsters
or containers that would comply with the Borough Land Development
Ordinance; 2) the suitability of the proposed enclosure, screening
method and material required by the this article; 3) that the condition,
location, and number of receptacles, dumpsters or containers have
existed prior to the effective date of this subsection; 4) the proposed
screening or enclosure does not exceed five feet in height if located
in a required front yard or required side yard, or six feet in height
if located in a required rear yard area; and 5) the proposed enclosure
does not create a substantial exacerbation of an existing encroachment.
If the Zoning Officer is satisfied that the conditions outlined herein
have been satisfied, a zoning permit shall be issued for the installation
of the required screening and enclosure. In the event the Zoning Officer
denies a permit, the applicant may make application to the Borough
Planning Board or appeal the Zoning Officer's decision to the Borough
Planning Board in accordance with the provisions of the Municipal
Land Use Law, N.J.S.A. 55D-1 et seq.
(3)
Nothing
contained herein shall relieve a property owner, occupant or proprietor
from compliance with the Land Development Ordinance of the Borough
of Wildwood Crest.
B.
The borough will not be held responsible for the collection of trash
in broken dumpsters. After the dumpster is repaired or replaced, trash
collection will resume on the next regularly scheduled trash day or
trash will be disposed of by owner, occupant or proprietor.
C.
The property owner, for and in consideration of the borough's providing
solid waste removal, shall hold the borough harmless for any damage
to solid waste cans, containers, receptacles, dumpsters or other property
in order to obtain access to the dumpster, community receptacle, containers
or receptacles as determined by the Superintendent of Public Works
and/or their designee.
D.
Trash with any mixed recycling will not be required to be picked
up until sorted by owner, occupant, proprietor, etc. When the trash
is sorted, trash will be picked up on the next regular trash day or
owner shall be responsible for trash removal.
E.
Location. To the extent possible, all dumpsters, including but not
limited to roll-off dumpsters and roll-off containers, utilized for
the purpose of disposing of solid waste and recyclables as well as
construction debris, shall be located on private property rather than
on streets, highways or public property. In such cases where the only
practical location of a roll-off dumpster or a roll-off container
is on a street, highway or public property, the Superintendent of
Public Works, or his designee, shall determine the location of all
dumpsters and containers, whether roll-off types (or not) so as to
not impede or impair public safety. All dumpsters shall have its wheels
or skids, as the case may be, placed on timber materials, having minimum
dimensions of not less than two inches thick by 12 inches wide by
48 inches long, in such a manner as directed by the Superintendent
of Public Works, or his designee, so as to provide protection to the
surface of the street, highway or public property upon which the dumpsters
are to be placed.
F.
Damage to street, highway and property prohibited. No person shall
purposely, knowingly, recklessly or negligently damage any street,
highway or public property or allow damage to be caused to any street,
highway or public property by the placement of any dumpster or roll-off
container upon a street, highway or public property. It shall be no
defense to a prosecution for an offense under this section that a
permit for placement of a dumpster or roll-off container was obtained
from the Wildwood Crest Police Department, or that timber material
had been placed under the wheels or skids of the dumpster or roll-off
container as required by this chapter, it being the responsibility
of the property owner to provide for further protective measures to
the street, highway or public property if the timber material required
by this chapter proves to be insufficient to adequately protect the
street, highway or public property from damage by reason of the weight
of the dumpster or roll-off container or any other factor or cause.
Any person employed in making collections or depositing of solid
waste, whether a contractor of or employee of the Borough of Wildwood
Crest or otherwise, shall cause waste receptacles to be entirely emptied
of their contents and any contents falling on the ground shall be
picked up and removed by said contractor or employee immediately.
Receptacle covers shall not be permanently attached to their containers.
An outside hauler or contractor must take the responsibility of removing
trash and abiding by all mandates of this ordinance, all mandates
and rules of the Cape May County Municipal Utility Authority and the
State of New Jersey pertaining to mixing of trash with recyclables
and shall be held responsible for any violations hereof.
Persons engaged in the business of collecting and/or disposing
of solid waste other than employees or contractors of the Borough
of Wildwood Crest, shall annually secure from the Borough of Wildwood
Crest a license to carry on such business for a fee as determined
by the governing body of the Borough of Wildwood Crest, if not otherwise
established by the mercantile/fee licensing ordinance. It shall be
the sole responsibility of hauler or contractor to obtain any other
licenses or certifications which may be required by other governmental
agencies and to provide proof of same to the Borough of Wildwood Crest.
Every owner, occupant, or proprietor of residential dwelling,
multi-family housing, or place of commercial operation will be entitled
to regular solid waste pick-up once weekly during the "off season"
period. Given the seasonal nature of the Borough of Wildwood Crest,
the M-1 and Commercial zones shall be entitled to multiple solid waste
pick-ups during the "summer season" as necessary and ultimately determined
by the Commissioner of Public Works, and all other zones may be permitted
one additional pick-up during said summer season. The Commissioner
of Public Works shall prepare a resolution annually, indicating off-
season/summer season schedules, including but not limited to specific
days of trash/recycling collection throughout the borough. This resolution
shall be presented to the Board of Commissioners for adoption annually
at the first meeting in November, with the resultant schedule included
in the annual borough calendar and advertised in the designated newspaper
of the borough.
The borough has the right to limit:
A.
The number of daily pick-up stops when in the public interest at
the discretion of the Commissioner of Public Works.
B.
In the event that any regular stop exceeds eight receptacles or other
equivalent collection, the borough reserves the right to notify owner,
occupant or proprietor that they must apply for additional pick-up
collection or arrange for the collection of waste material through
other means.
C.
It shall be unlawful for anyone to deposit for collection hazardous
or toxic waste.
It shall be unlawful for anyone to deposit residential waste,
commercial waste, bulk trash, or construction material in or around
borough receptacles, containers, dumpsters or drop-off areas within
the Borough of Wildwood Crest.
