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Borough of Montvale, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-1955 by Ord. No. 391 (Ch. 46, Art. I, of the 1966 Code)]
The purpose of this article shall be to promote the public health, safety, convenience and general welfare of the municipality.
In an interpretation of this article, the following words and phrases, unless the context shows another sense to be intended, shall be held to have the meaning hereinafter stated:
ASHES
Ashes from coal or other fuel.
GARBAGE
The refuse or residue of animal or vegetable matter which has been used as food for man or beast and all refuse animal or vegetable matter. It shall include fowl manure, decayed vegetables, fruit or any condemned food.
PAPER
Newspapers, periodicals, cardboard and all wastepaper.
RUBBISH MATERIAL
All miscellaneous matter, such as bottles, rags, mattresses, worn-out furniture, old clothes, old shoes, broken glass, leather, carpets, crockery, metal, rubber, cut grass, leaves, tree branches, lumber and any materials that may accumulate as the result of building operations.
TRADE WASTES
All material resulting from the prosecution of any business, trade or industry.
It shall be unlawful for any person to dump or otherwise deposit garbage, rubbish material, paper, trade wastes, ashes or ashes mixed with any materials or any other refuse or discarded materials or other substance upon any public or private street, place or property, public or private, vacant or occupied, within the Borough of Montvale.
It shall be unlawful for any person to permit any garbage, rubbish material, paper, trade wastes, ashes, stone, rock, dirt, soil, oil or any other substance, liquid or solid, to fall, spill, escape or leak on any public street from any truck, cart, wagon, tank or other vehicle or container in which the same shall be carried, transported or conveyed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of this article shall be punished as set forth in Chapter 1, Article I, General Penalty.
If any article, section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional or invalid such decision shall not affect the remaining portions of this article.
This article shall take effect when passed, approved and published as required by law.
[Adopted 1-12-1988 by Ord. No. 87-853 (Ch. 89 of the 1966 Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
It is the purpose of this article to comply with the New Jersey Statewide Mandatory Source Separation and Recycling Act, Public Laws of 1987, Chapter 102.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
[Amended 4-12-1988 by Ord. No. 88-855; 6-12-1994 by Ord. No. 94-969]
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Food and beverage containers made entirely of aluminum.
AUTOMOTIVE WASTE OIL
A petroleum-based or synthetic oil which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. "Automotive waste oil" includes used oil from autos, lawn mowers and motorcycles.
BATTERIES, HOUSEHOLD
Nonrechargeable alkaline: commercial alkaline AAA, AA, C, D, 9-volt and lantern size; rechargeable alkaline. Also available in common cell sizes AAA, AA, C, D and 9-volt; button cells; silver oxide, lithium, zinc air and alkaline-manganese.
[Added 12-13-1994 by Ord. No. 94-986; amended 9-27-2012 by Ord. No. 2012-1363]
BATTERIES, LEAD ACID
Batteries from automobiles, trucks, other vehicles and machinery and equipment. This does not include consumer (household) batteries.
BRUSH/TREE PARTS
Branches and wood chips generated from residential and institutional sources (e.g., storm damage and pruning activities).
COMMINGLED RECYCLABLE MATERIALS
Those designated recyclable materials which may be disposed of together in a common reusable receptacle. These shall include aluminum cans, glass containers, bimetal (tin) cans, PET beverage containers and plastic bottles. Glass containers shall not be broken.
[Amended 9-27-2012 by Ord. No. 2012-1363]
COMPOSTABLE BAG
A biodegradable, two-ply, wet-strength-treated, recyclable paper or corn silk bag which can be placed or added directly to a compost pile.
CONCRETE/ASPHALT AND MASONRY/PAVING MATERIALS
Asphalt or asphalt-based roofing shingles, concrete, brick, cinder block, ceramic materials, stones, other masonry materials and paving materials. Note: This material must be recycled at a registered, exempted or pending Class B recycling facility. Contact the Recycling Coordinator for a list of registered facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste building material and refuse resulting from construction, remodeling and repair operations on houses, commercial buildings and other structures.
CORRUGATED CARDBOARD
Containers and similar paper items usually used to transport supplies, equipment parts or other merchandise.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials designated in § 332-11 for residential users, § 332-12 for commercial users and § 332-13 for institutional users.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
FERROUS SCRAP
All products made of metal, excluding aluminum, including heavy iron, white goods and light iron.
FOOD WASTE
Food plate wastes and food processing wastes. "Food processing wastes" include food processing vegetative waste (material generated in trimming and reject sorting operations from the processing of fruits and vegetables in canneries and similar industries, e.g., tomato skins, pepper cores, bean snips, cranberry hulls), food processing residuals and animal processing wastes. If the material is transported and processed as animal feed, it should be identified as such.
GLASS CONTAINERS
All products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter, including food or beverages, and all materials commonly known as "glass," excluding, however, blue and flat glass commonly known as "window glass" or "plate glass."
GRASS CLIPPINGS
Grass clippings derived from the mowing of lawns or other grassy areas.
HEAVY IRON
All ferrous scrap, structural steel or cast-iron components.
HIGH-GRADE OFFICE PAPER
White typing and ledger paper, white notepad paper, copier paper, carbonless computer printout paper, manila tab cards and file folders.
LEAVES
Leaves and other yard debris, excluding grass and brush, from residential, institutional, commercial or industrial sources.
MISCELLANEOUS RECYCLABLE MATERIALS
Includes any other nonhazardous material which would otherwise be classified as solid waste and is not otherwise defined in this section and documented as being recycled. Examples include but are not limited to furniture, carpeting and padding.
MIXED OFFICE AND COMPUTER PAPER
Any and all types of office-type paper, including but not limited to carbonless computer printout paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof.
NEWSPAPER
All paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forrest and Paper Association Grade Nos. 6, 7 and 8 news).
NONFERROUS AND OTHER ALUMINUM SCRAP
All noncontainer aluminum, stainless steel, copper, zinc, brass and other metals which generally do not rust.
OTHER GLASS
All noncontainer glass, such as plate glass, drinking glasses and automotive glass.
OTHER PAPER/MAGAZINES/JUNK MAIL
All paper which is not defined as corrugated, mixed office paper, computer paper or newspaper. Examples are as follows: magazine stock, telephone directories, wrapping paper, chipboard, books, papers coated with plastic, film or foil, paper contaminated with food and grocery bags.
PET BEVERAGE CONTAINERS
Hermetically sealed or airtight containers with a metal or plastic cap, with a minimum wall thickness of not less than 0.010 inch and composed of thermoplastic synthetic polymeric materials.
PLASTIC CONTAINERS
Containers such as polyethylene terephthalate (PETE No. 1) soda bottles, high-density polyethylene (HDPE No. 2) milk, water or detergent bottles, low-density polyethylene (LDPE No. 4) containers, vinyl (V No. 3) or polyvinyl chloride (PVC No. 5) bottles and rigid and foam polystyrene (PS No. 6).
PRIVATE SCAVENGER
A carter which holds a tariff from the New Jersey Board of Public Utilities or license from the New Jersey Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
RECYCLING CENTER
The area designated by the Borough as such where designated recyclable materials may be disposed of in the appropriate receptacles provided. The recycling center is located in an area at the rear of the Senior Community Center.
[Amended 9-27-2012 by Ord. No. 2012-1363]
REUSABLE RECEPTACLE
Those receptacles used to place commingled recyclable materials at curbside for disposal. These receptacles shall be a reusable type (aluminum, plastic or metal) with a capacity no larger than 30 gallons.
[Amended 9-27-2012 by Ord. No. 2012-1363]
SCRAP AUTOS
Crushed or shredded automobile or truck bodies excluding auto shredder residue or fluff.
STEEL CANS
Rigid containers made exclusively or primarily of steel or tin-plated steel and steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
STUMPS
Unfinished wood from commercial land clearing activities. Note: This material must be recycled at a registered Class B recycling facility.
[Amended 9-27-2012 by Ord. No. 2012-1363]
WHITE GOODS AND LIGHT IRON
All appliances such as washers, dryers, refrigerators, stoves, hot-water heaters, tire rims, springs, bicycles, bimetal cans (tin cans) or scrap metal, as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums and other nonstructural ferrous scrap.
WOOD SCRAPS
Finished or unfinished lumber from construction or demolition projects. Included in this definition are telephone poles, railroad ties and wooden pallets. Note: This material must be recycled at a registered facility. Contact the Recycling Coordinator for a list of registered facilities.
[Amended 9-27-2012 by Ord. No. 2012-1363]
YARD WASTE
Brush, branches, twigs and thatch.
A. 
The position of Recycling Coordinator is hereby created and established within the Borough of Montvale.
B. 
The Recycling Coordinator shall be appointed by the governing body for a term of one year expiring December 31 of each year. The term of the person first appointed as Recycling Coordinator shall expire December 31 of the year of that person's appointment.
C. 
The Recycling Coordinator, subject to the approval of the governing body, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, storage, transportation, sale and/or marketing of said recyclable materials in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough of Montvale.
D. 
The Recycling Coordinator shall annually submit a recycling tonnage report to the New Jersey Office of Recycling and other such reports required by the Bergen County Utilities Authority.
[Amended 4-12-1988 by Ord. No. 88-855; 5-8-1990 by Ord. No. 90-900; 6-12-1994 by Ord. No. 94-969]
A. 
Designation of recyclable materials.
[Amended 12-13-1994 by Ord. No. 94-986; 5-12-2009 by Ord. No. 2009-1302]
(1) 
Mandatory. The following are identified as mandatory materials:
(a) 
Aluminum cans.
(b) 
Glass containers.
(c) 
Leaves.
(d) 
Grass.
(e) 
Newspapers/magazines.
(f) 
Ferrous scrap.
(g) 
White goods.
(h) 
Plastic bottles.
(i) 
PET beverage containers.
(j) 
Bimetal (tin) cans.
(k) 
Batteries, lead acid.[2]
[2]
Editor's Note: Original § 89-4B(1)(l) of the 1966 Code, Automotive waste oil, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(l) 
Yard waste.
(m) 
Household batteries.
(n) 
Construction and demolition debris (concrete, brick, tree parts, nonferrous/ferrous metal, asphalt, corrugated cardboard, where practical).
(o) 
Corrugated cardboard.
(p) 
Mixed paper.
(q) 
Types 1 and 2 plastic containers.
B. 
Separation, collection and disposal methods of designated recyclable materials.
(1) 
Commingled recyclable materials, including aluminum cans, glass, bimetal (or tin) cans, PET beverage containers, plastic bottles and Types 1 and 2 plastic containers shall be separated from other household waste and trash and placed in a common reusable container for curbside collection. The reusable container shall be placed at curbside twice a month, on designated days, to be collected by the Borough scavenger. Commingled recyclable materials may also be disposed of in receptacles provided at the municipal recycling center during posted hours of operation. Glass containers shall not be broken.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(2) 
Automotive waste oil is no longer accepted for recycling either curbside or at the municipal recycling center.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Ferrous scraps and white goods shall be separated at curbside for collection after special arrangements have been first made with the scavenger. Disposal may also be made in the receptacles provided at the municipal recycling center.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(4) 
Grass shall be placed in a can, leaf bags of a specific type designated by the Municipal Recycling Coordinator or reusable containers and placed at curbside the evening before the first scheduled garbage pickup each week, during the months of April 1 through October 15.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(5) 
Leaves shall be placed in bags of a specific type designated by the Municipal Recycling Coordinator and placed at curbside the evening before the scheduled pickup each week, during the months of October 15 through December 31. Bagged leaves shall be collected by the Borough scavenger.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(6) 
Newspapers/magazines shall be separated, secured and tied in bundles not to exceed 15 inches in height. Such bundles shall not be contained in plastic bags. These bundles shall be placed at curbside twice a month, on designated days, to be collected by the Borough scavenger. Bundles of newspaper/magazines may also be disposed of in receptacles provided at the municipal recycling center.
(7) 
Yard waste shall be placed in bags of a specific type designated by the Municipal Recycling Coordinator or reusable containers and placed at curbside the evening before the scheduled pickup each week, during the months of April 1 through January 30.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(8) 
Townhouse and apartment residents shall place mandatory recyclable items described in § 332-11B(1) in designated areas within the respective complex for collection purposes. Newspapers/magazines must be bundled as described in Subsection C(6) above. Townhouse and apartment residents may also dispose of recyclable materials in receptacles provided at the municipal recycling center during posted hours of operation.[3]
[3]
Editor's Note: Original § 89-4C(9) of the 1966 Code, regarding the disposal of household batteries, added 12-13-1994 by Ord. No. 94-986, which immediately followed this subsection, was repealed 9-27-2012 by Ord. No. 2012-1363.
C. 
Set-out time. For collection pursuant to a schedule announced by the Borough of Montvale, all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day. When a regular collection day falls on a legal holiday, containers shall not be set out until the next regularly scheduled collection unless special announcement of collection is made by the Borough.
D. 
Solid waste wrapped in newspaper permissible. Anything herein to the contrary notwithstanding, any person who is an owner, lessee or occupant may wrap solid waste in used newspapers and discard the same with regular solid waste.
E. 
Procedure upon refusal to collect. Any solid waste placed for collection by a residential user not in accordance with this section will be refused by the municipal collector, and it shall be the responsibility of the residential user to remove said solid waste from the curbline by 8:00 p.m. on the day of collection and have it properly containerized, packaged or secured for purposes of collection on the next schedule date.
F. 
Washing aluminum, glass and plastic containers. All aluminum, glass, bimetal and plastic food containers must be washed and rinsed to be free of food residue before placing at curbside.
[Amended 9-27-2012 by Ord. No. 2012-1363]
[1]
Editor's Note: Original § 89-4A of the 1966 Code, regarding mandatory recyclable materials, as amended 12-13-1994 by Ord. No. 94-986 and 5-12-2009 by Ord. No. 2009-1302, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 6-12-1994 by Ord. No. 94-969]
A. 
Designation of recyclable materials.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(1) 
Mandatory. The following are identified as mandatory recyclable materials:
(a) 
Corrugated cardboard.
(b) 
High-grade paper.
(c) 
Glass containers and other glass.
(d) 
Ferrous scrap.
(e) 
White goods.
(f) 
Aluminum cans.
(g) 
Mixed paper.
(h) 
Construction and demolition debris.
(i) 
Automotive waste oil.
(j) 
Food waste.
(k) 
Leaves.
(l) 
Types 1 and 2 plastic containers.
B. 
Separation, collection and disposal methods of designated recyclable materials.
[Amended 5-12-2009 by Ord. No. 2009-1302]
(1) 
Aluminum containers shall be disposed of by a private scavenger or in receptacles provided at the municipal recycling center with prior authorization by the Municipal Recycling Coordinator.
[Amended 9-27-2012 by Ord. No. 2012-1363]
(2) 
Automotive waste oil shall be separated and disposed of by either a private scavenger or disposed of in receptacles provided at the municipal recycling center with prior authorization by the Municipal Recycling Coordinator.
(3) 
Corrugated cardboard shall be separated and disposed of by a private scavenger.
(4) 
Ferrous scrap shall be separated and disposed of by a private scavenger.
(5) 
White goods shall be separated and disposed of by a private scavenger.
(6) 
Food waste shall be separated and disposed of by a private scavenger.
(7) 
Glass containers shall be disposed of by either a private scavenger or disposed of in receptacles provided at the municipal recycling center with prior authorization by the Municipal Recycling Coordinator.
(8) 
High-grade office paper shall be separated and disposed of by a private scavenger.
(9) 
Leaves shall be separated and disposed of by a private scavenger.
(10) 
Mixed paper shall be separated and disposed of by a private scavenger.
(11) 
Construction and demolition debris shall be separated and disposed of by a private scavenger.
(12) 
Plate glass shall be separated and disposed of by a private scavenger.
(13) 
Newspapers may be separated and disposed of by either a private scavenger or disposed of in receptacles provided at the municipal recycling center with prior authorization by the Municipal Recycling Coordinator.
(14) 
Types 1 and 2 plastic containers shall be separated and disposed of by a private scavenger.
C. 
Registration requirements. It shall be the responsibility of all owners, lessees and occupants of business and/or commercial properties to register annually with the Municipal Recycling Coordinator on forms provided by the Borough. The annual registration must be filed with the Recycling Coordinator on or before January 10 of each year. New businesses and/or commercial properties must file within 45 days of the issuance of a certificate of occupancy.
D. 
Reporting requirements. It shall be the responsibility of owners, lessees and occupants of business and/or commercial properties to report annually to the Recycling Coordinator on or before March 1 the quantities and types of materials recycled.
[Amended 9-27-2012 by Ord. No. 2012-1363]
E. 
Exemptions. Exemption from the mandatory municipal recycling program may be requested by any owner, lessee or occupant of business and/or commercial properties of the Recycling Coordinator. A request for exemption must be made in writing on the prescribed form and submitted to the Recycling Coordinator.
F. 
Private scavenger contracts. If the commercial user is either unable or unwilling to secure a market and collector for designated mandatory recyclable materials, the Borough of Montvale, through its Recycling Coordinator, may secure such markets and enter into contracts on behalf of the commercial user for the collection and disposal of designated recyclable materials; provided, however, that the commercial user shall be responsible for any and all expenses associated with said contract.
[1]
Editor's Note: Original § 89-5A of the 1966 Code, regarding mandatory recyclable materials, as amended 5-12-2009 by Ord. No. 2009-1302, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Effective May 1, 1988, it shall be mandatory for all private, public and governmental institutions and buildings to separate high-grade office paper produced by such institutions for private collection and the ultimate recycling of materials. High-grade office paper (mandatory) shall be separated and disposed of by a private scavenger.
B. 
Private scavenger contracts. If the institutional user is either unable or unwilling to secure a market and collector for designated mandatory recyclable materials, the Borough of Montvale, through its Recycling Coordinator, may secure such markets and enter into contracts on behalf of the institutional user for the collection and disposal of designated recyclable materials; provided, however, that the institutional user shall be responsible for any and all expenses associated with said contract.
Nothing in this article shall be deemed to prohibit any owner, lessee or occupant of residential property of disposing of recyclable materials privately through a sale or gift, provided that in no event shall such recyclable materials be left at the curb for any private pickup and further provided that in no event shall any such recyclable materials be disposed of as part of the solid waste pickup by the Borough of Montvale in accordance with the normal pickup by the Borough of Montvale.
[Added 10-11-2011 by Ord. No. 2011-1349]
A. 
Purpose and intent. The purpose of this section is to regulate the use of the Borough of Montvale recycling center by Montvale residents and to provide a mechanism for enforcement of such regulations.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
B. 
Hours of operation. The hours of operation of the Montvale recycling center shall be Wednesday, 8:00 a.m. to 3:00 p.m., and Saturday, 8:00 a.m. to 3:00 p.m., or as otherwise approved by resolution of the Mayor and Council.
C. 
Use by Montvale residents permitted. Montvale residents may dispose of all household-generated designated recyclable materials originating within the Borough of Montvale at the recycling center during the facility's hours of operation. Disposal of nonrecyclable waste is not permitted. Residents may also take available mulch on a first-come, first-served basis for personal, noncommercial use.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
D. 
Use by nonresidents prohibited. Individuals who are not residents of the Borough of Montvale shall not be permitted to dispose of any designated recyclable materials or household waste at the recycling center, nor shall such individuals be permitted to take mulch from the facility.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
E. 
Commercial use of mulch prohibited. Individuals who are permitted by this section to take mulch from the recycling center for personal use shall not be permitted to take such mulch for the purpose of or with the intent to resell said mulch, whether to Borough residents or businesses or otherwise.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
F. 
Proof of residency required. Individuals may be required to produce a driver's license or other proof of residency in order to demonstrate that they are residents of the Borough of Montvale. Failure to provide such proof upon request by the Recycling Coordinator or his or her designee shall be deemed a violation of this section.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
G. 
Use of commercial vehicles by or on behalf of Borough residents is not permitted.
[Amended 7-31-2012 by Ord. No. 2012-1359; 9-27-2012 by Ord. No. 2012-1363]
H. 
Regulations. The Recycling Coordinator shall be responsible for oversight and management of the recycling center and shall be permitted to adopt such rules and regulations as he or she deems necessary for the efficient operations of the Center.
From the time recyclable materials are placed at the curb by the owner, lessee or occupant for collection by the Borough of Montvale, such recyclable materials shall become the property of the Borough. It shall be a violation of this article for any person unauthorized to collect or pick up or cause to be collected or picked up any such recyclable materials for any purpose whatsoever once the same has been placed at the curb. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided.
A. 
The Recycling Coordinator, no later than March 31, 1988, shall notify all persons owning, leasing or occupying property within the Borough of Montvale of the Borough's recycling opportunities and the source separation requirements of this article. This notice shall be done by mailing all postal patrons within the Borough and by posting a notice in public places where public notices are customarily posted by the Borough.
B. 
Every six months, in June and December, after the initial notification, the Recycling Coordinator may notify all persons owning, leasing or occupying residential, commercial and institutional premises within the Borough of Montvale of local recycling opportunities and the source separation requirements of this article. Said notification may be done in a mailing to all postal patrons within the Borough or by posting a notice in public places where public notices are customarily posted by the Borough. The quarterly Montvale newsletter or Borough website may be used for this notification.
[Amended 9-27-2012 by Ord. No. 2012-1363]
A. 
This article shall be referred to the Planning Board of the Borough of Montvale for a revision of the Master Plan in accordance with N.J.S.A. 13:1E-99.16(c), specifically with regard to the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet of land. The Planning Board shall also make recommendations to the Mayor and Council for amendments to Chapter 400, Zoning, and Chapter 350, Subdivision of Land, in accordance with this section.
B. 
The governing body shall adopt the required revisions to the Master Plan no later than 30 days from the effective date of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The enforcement of the provisions of this article shall be the responsibility of the Recycling Coordinator, Health Officer, registered Environmental Health Specialist, Zoning Officer and Departments of Police and Public Works. The responsibility of monitoring the program for the adequacy of the collection and all other terms of the established rules and regulations is that of the Recycling Coordinator.
A. 
Any person, firm or corporation who violates or neglects to comply with any provisions of this article or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine and/or penalty as provided below:
(1) 
First offense: a fine of $25.
(2) 
Second offense: a fine of $50.
(3) 
Third offense: a fine of $100 or, as an alternate penalty, a convicted person may be ordered to perform community service in the recycling program for a period not to exceed 25 man-hours of labor.
(4) 
Fourth and each subsequent offense: a fine of $500 or, as an alternate penalty, a convicted person may be ordered to perform community service in the recycling program not to exceed 90 days (the equivalent of 720 man-hours of labor) and/or up to 90 days in jail.
B. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
C. 
Fines levied and recovered for noncompliance with any and all provisions of this article shall be transmitted monthly by the Court Clerk to the Borough Treasurer and placed in the current fund and recorded as a "dedication by rider" to be utilized for the purpose of the Borough's recycling program to include, but not be limited to, education, awareness and improvement in services, in accordance with the provisions of N.J.S.A. 40A:4-39.
If any section, sentence or any other part of this article is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this article but shall be confined in its effect to the section, sentence or other part of this article directly involved in the controversy in which such judgment shall be rendered.
All ordinances or parts of ordinances which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
This article shall take effect on May 1, 1988, following publication of the same as provided by law.