Township of Tabernacle, NJ
Burlington County
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Table of Contents
Table of Contents
[Ord. #1983-9, § 1]
It shall be unlawful for any person to make an excavation, or tear up, or in any way impair the surface of any improved Township street or the ground within the right-of-way thereof for the laying, replacing or repairing of any water, gas, or sewer pipe or for making any drain, laying telephone or electrical conduits or for any other purpose, without a written permit being first had and obtained for the Township Clerk.
[Ord. #1983-9, § 2]
The application for such permit shall be made to the Clerk, in writing, signed by the applicant, specifying the place, kind of excavation and the time required to make the opening and backfill for same.
[Ord. #1983-9, § 3]
The applicant shall keep the excavation property guarded at day and night and shall have lights placed thereat and there maintained throughout the performance of the work, and shall interfere as little as possible with travel along the street and no greater part of any street shall be opened than shall be allowed by the Township Engineer. The backfilling of trenches shall be performed by the party or parties making such opening or openings, in the following manner.
All material returned shall be deposited in layers not exceeding 10 inches in depth, and thoroughly rammed with tampers, approved by the Township Engineer. Broken stone shall be cast in a separate pile, kept clean and separated from other excavations, for use in replacing the roadway. The trench shall be, when filled, level and flush with the finished grade of the road adjacent to the opening.
[Ord. #1983-9, § 5; Ord. #2002-8, § 1]
No permit shall be granted by the Township Clerk until the applicant has paid to him the application fee as established in Schedule G[1] in cash or certified check drawn to the order of the Township of Tabernacle and has deposited with the Clerk an escrow fund to cover the costs incurred by the Township for inspecting the excavation work in question and the patching or repair of the street wherein the same is to be done in the event the applicant does not do the same or fails to do it properly as determined by the Township Engineer. The amount of the escrow fund shall be calculated as follows:
a. 
The sum of $30 shall be deposited for each opening in any macadam or gravel road or street treated with bituminous dressing for an opening up to two square yards, with a deposit of $10 to be made for each additional yard.
b. 
The sum of $60 shall be deposited for each opening in any road or street paved with bituminous concrete, bituminous macadam, sheet asphalt, brick or concrete surfaces up to two square yards, with a deposit of $15 to be made for each additional yard.
c. 
In cases where it is found necessary to open only the earth shoulder of any road the sum of $25 shall be deposited.
All patching and/or repair of the streets and roads which have been excavated shall be made in accordance with the Township road specifications. Upon completion and acceptance by the Township of the patching and/or repair any balance remaining in the escrow fund shall be returned to the applicant.
[1]
Editor's Note: Schedule G, referred to herein, may be found in Appendix, Fee Schedule.
[Ord. #1983- 9, § 6]
When it is deemed unnecessary by the Engineer to excavate by breaking the surface of the road and the result can be obtained by driving pipes under the road, the same deposit must be made, but no extra charge will be deducted from the deposit.
[Ord. #1983-9, § 7]
Any public utility may file its bond without surety and any private utility may file its bond with a reputable insurance company as surety, in the amount of $5,000 with the Clerk, in which case the Clerk may issue a permit to such utility without a deposit and may continue to issue permits, without deposit as long as the bond remains in force. The bond shall guarantee compliance with the terms of this section.
[Ord. #1983-9, § 8]
No excavation or driving under the road will be allowed to be done in sheet asphalt, bituminous concrete, bituminous macadam, brick or concrete surfaces except in the presence of the Township Engineer or his authorized agent. Expenses for this inspection will be deducted from the amount deposited in addition to the amount chargeable per square yard.
[Ord. #1983-9, § 9]
In the event a bona fide emergency requires immediate attention, the permit required hereunder may be obtained within 48 hours after the occurrence of the emergency, and after work has commenced.
[Ord. #1983-9, § 10]
The provision of subsections 12-1.4 and 12-1.7 shall not apply to a public utility if it complies with subsection 12-1.6.
[Ord. #1983-9, § 11]
No ditch shall be dug within 10 feet of any Township road without first obtaining the approval of the Township Engineer, which approval shall not be given unless in his opinion, the ditch will not endanger the construction of the road which it will adjoin.
No existing ditch adjoining a Township road, and within 10 feet hereof, shall be excavated to a depth lower than that now existing without first obtaining the approval of the Township Engineer, which approval shall not be given unless, in his opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.
[Ord. No. 2016-3]
No permit shall be issued to any person which would allow an excavation or opening in a street surface which was paved or improved and accepted less than five years prior to the date of the application, unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted, or unless the applicant is a public utility seeking to permit the expansion of utility infrastructure or unless an emergency condition exists. For streets that have been resurfaced or reconstructed within five years of the date of the street opening, the seams of the surface pavement repair shall be blended with the existing pavement surface utilizing an infrared pavement restoration process.
[Ord. #1983-9, § 4]
It shall be unlawful for any person to place any stone, earth, ashes, boards, tile or other pipe or any other material in or upon any street, or in any ditch, so as to interfere with the flow of water along the gutters of any street or ditch.
[Ord. #1986-6; Preamble]
The owners and developers of subdivisions within the Township have not in the past provided snow removal service to those resident taxpayers whose properties are located on improved but unaccepted streets and roads; and, as a result of the lack of such snow removal service such roads have been and at times may become impassable for both normal and emergency traffic. The Township Committee is of the opinion that there is sufficient traffic being generated upon said streets and roads by the persons who have purchased homes in such subdivisions to warrant the expenditure of public funds for such work from time to time.
[Ord. #1986-6, § 1]
The Township Committee pursuant to the provisions of N.J.S.A. 40:67-23.1, shall by resolution, cause certain named streets which may be located in subdivisions in which roads have been partially improved but have not as yet been accepted by the Township to be serviced by the Township Road Department for the removal of snow, ice and other obstructions as the Township deems necessary for the continued passage of traffic thereover and as is permitted by budgetary and time restraints.
Any acts taken by the Township with regard to such streets shall in no way be construed as an acceptance of them by the Township of Tabernacle even though the same have been dedicated to the Township by the virtue of the filing of the final subdivision plats for the subdivisions in which they are located. It is the Township's intention to merely make such streets and roads passable at this time in accordance with the aforesaid statutory provisions. Such streets and roads are to remain as dedicated and unaccepted until such time as either the owners of the subdivision, their bonding companies or their representatives complete them in accordance with the Township requirements and a formal resolution of acceptance is passed by the Township Committee.
[Ord. #1986-6, § 2]
The work to be performed pursuant to the provisions of subsection 12-3.2 above shall at all times be carried out with and subject to the availability of funds for said work in the then current Township budget.
[Ord. #11, § 1]
No person shall in any way or by any means, break, crack, indent, mar, mutilate or otherwise, destroy or deface the surface of any public road, street or highway, or the shoulders of any portion of the right-of-way thereof, within the Township.
[Ord. #11, § 2]
No person shall place upon, or move along or across the surface of any road, street, or highway within the Township, including the shoulders and right-of-way thereof, any vehicle, machine, tractor, harrow, farm implement or other chattel having any points, cleats, blocks, hobs, studs or other sharp, rough or hard projection or area in contact with or touching the surface of the road, street or highway or the shoulders or right-of-way thereof, unless said projections or hard area is covered or protected in such a way as to effectively prevent it from marring, marking or damaging the surface of the said road, street or highway or the shoulders or right-of-way thereof.
[Ord. #11, § 3]
Nothing in this section shall be construed to apply to any person working on, opening or repairing the surface of any road, street or highway pursuant to the authority of the public board or body having control thereof.
[Ord. #11, § 4]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty established in Chapter 1, Section 1-5.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1985-5, 1988-9 and 1995-3.
[Ord. #2010-4, § 1]
The Township of Tabernacle finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in this municipality will conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery and conserve natural resources through reduced energy consumption, reduced water and air pollution as well as reduce the demand on raw material extraction.
[Ord. #2010-4, § 2]
This section is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.
[Ord. #2010-4, § 3]
As used in this section, the following definitions shall apply:
ACT OR SWMA
Shall mean the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
ALUMINUM CAN
Shall mean empty food and beverage containers comprised of aluminum. Excluded from this definition are aluminum aerosol cans, aluminum foil and trays.
ANTIFREEZE
Shall mean liquid used in a cooling system that is mixed with water and prevents the water from freezing. The solution serves as the engine coolant.
BURLINGTON COUNTY REGIONAL PROGRAM
Shall mean the program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.
CERTIFIED RECYCLING COORDINATOR
Shall mean a person who shall have completed the requirements of a course of instruction in various aspects of recycling program management, as determined and administered by the Department of Environmental Protection.
CLASS A RECYCLABLE MATERIAL
Shall mean source separated, nonputrescible, metal, glass and plastic bottles coded #1 & #2; and paper and corrugated and other cardboard.
CLASS B RECYCLABLE MATERIAL
Shall mean source separated, nonputrescible waste concrete, asphalt, brick, block, asphalt based roofing, scrap and wood waste; source separated, nonputrescible waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction remodeling repair and demolition operations on houses, commercial buildings, pavements and other structures; source separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves provided that they are not composted; source separated scrap tires; and source separated petroleum contaminated soils.
CLASS C RECYCLABLE MATERIALS
Shall mean source separated compostable or anaerobically digestible material such as source separated food waste biodegradable plastic and yard trimmings.
CLASS D RECYCLABLE MATERIAL
Shall mean used oil, antifreeze, latex paints, thermostats, fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury containing devices and consumer electronics.
COMMERCIAL ESTABLISHMENT
Shall mean all commercial and industrial activities that operate for profit and are involved in retail or manufacture of goods and services provided for sale.
COMMINGLED
Shall mean a combining of source separated recyclable materials for the purpose of recycling.
COMMON AREA RECYCLING STORAGE LOCATION
Shall mean a location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.
CONDOMINIUM COMPLEX
Shall mean a group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSUMER ELECTRONICS
Shall mean computer equipment, including desktop and laptop computers and related components, including, monitors, circuit boards, terminals, and CPUs, and peripheral equipment including keyboards, printers, copiers, and fax machines. It shall also include VCRs, CD players, DVD players, and cellular phones. Consumer electronics shall not include televisions as defined herein until such time as such devices are banned at solid waste disposal facilities in accordance with the Electronics Waste Recycling Act, P.L. 2008, c.130 et seq. and any amendments thereto.
CONTAMINANT
Shall mean solid waste, food waste, or other material, which adheres to, or which is otherwise contained on or in, source separated recyclable materials.
CORRUGATED AND OTHER CARDBOARD
Shall mean all corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam, foil or wax-coated or soiled corrugated cardboard.
COUNTY
Shall mean the Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Division of Solid Waste Management.
CURBSIDE DESIGNATED RECYCLABLES
Shall mean those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
CURBSIDE RECYCLING CONTAINER
Shall mean a container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
DE MINIMIS
Shall mean less than 1% by volume.
DEP OR DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those recyclable materials to be source separated in this municipality including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded #1 & #2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
Shall mean the transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months, or for a period of time as mandated by law, of designated recyclable materials for all possible uses except for disposal as solid waste.
DSW
Shall mean the Burlington County Department of Solid Waste, its successors and assigns.
FIBER
Shall mean all newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food contaminated paper, soiled paper and cardboard.
FLUORESCENT LIGHTS
Shall mean a lighting system which works by creating electric arcs inside a gas rich tube to produce ultraviolet light, then converting this to visible fluorescent light by its passage through a layer of phosphor on the inside of the glass.
GENERATOR
Shall mean any person(s) who causes solid waste to be produced for any purpose whatsoever.
GLASS
Shall mean all clear (flint), green, and brown (amber) colored glass containers. Glass shall not include crystal, ceramics, light bulbs, plate, window, laminated, wired or mirrored glass.
INK JET CARTRIDGE
Shall mean a replaceable unit that holds ink and the print nozzles for inkjet printers.
INSTITUTIONAL ESTABLISHMENT
Shall mean any entity, either public or private, either for profit or nonprofit, who operates for educational, charitable, religious, fraternal or other public purpose.
LEAD ACID BATTERY
Shall mean storage batteries with lead electrodes and that contain dilute sulfuric acid as the electrolyte. These include starting batteries, such as vehicle batteries, marine batteries, small sealed lead acids and deep cell batteries used to power vehicles or marine accessories such as trolling motors, winches or lights.
LEAVES
Shall mean vegetative material, typically generated in the autumn, which fall from trees and are collected for removal from a property.
METAL APPLIANCES
Shall mean appliances composed predominantly of metal including stoves, washing machines, dryers and water heaters. Also included are all Freon-containing appliances including air conditioners, freezers, refrigerators and dehumidifiers.
MOBILE HOME PARK
Shall mean any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A: 18-61.7 et seq.
MULTIFAMILY DWELLING
Shall mean any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C.55:13A-1 et seq.) and N.J.S.A. 40:66-1.2 et seq.
MUNICIPAL RECYCLING DEPOT
Shall mean a site owned and operated by a municipality for the receipt and temporary storage of certain designated Class A Recyclable materials delivered by residents, small commercial and nonprofit establishments for a period not exceeding two months, prior to their transport to a recycling center or end-market.
MUNICIPAL SOLID WASTE
Shall mean residential, commercial and institutional solid waste generated within a community.
MUNICIPAL SOLID WASTE STREAM
Shall mean residential, commercial and institutional waste in the context of the Statewide Solid Waste Management Plan Update, which constitutes the waste stream, used to calculate the State mandated 50% recycling rate. This waste stream includes waste types 10 and 23.
MUNICIPALITY
Shall mean the Township of Tabernacle located within the County of Burlington, State of New Jersey.
PAPER
Shall mean all newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food contaminated or soiled paper.
PERSON
Shall mean any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, Federal institution or agency, State institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.
PLASTIC BOTTLES
Shall mean all bottles that are labeled as made from polyethylene terapthalate (PET) and coded as #1 and high-density polyethylene terapthalate (HDPE) and coded as #2. Specifically excluded are bottles that formerly contained hazardous materials, including, but not limited to paint, solvents, motor oil and pesticides and herbicides.
PUTRESCIBLE WASTE
Shall mean organic material, which is capable of, and prone to, a rapid process of biological and biochemical decomposition, under anaerobic or aerobic conditions, resulting in the formation of malodorous byproducts.
QUALIFIED PRIVATE COMMUNITY
Shall mean a residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, home owners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in section 1 of P.L. 1993, c.258 (C.45:22A-49), shall be considered to be a qualified private community.
RECHARGEABLE BATTERIES
Shall mean batteries used in portable electronic devices composed of Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-ion) and Small Sealed Lead (Pb).
RECYCLABLE MATERIALS
Shall mean materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
Shall mean any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING CENTER
Shall mean a facility designed and operated solely for receiving, storing, processing or transferring source separated recyclable material (Class A, Class B, Class C and/or Class D recyclable materials).
RESIDENT
Shall mean any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SCRAP METAL
Shall mean bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad box cars) which when worn or superfluous, can be recycled. Included are all ferrous and non-ferrous metals including appliances and appliances containing refrigerants.
SOLID WASTE
Shall mean garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.
SOURCE SEPARATED
Shall mean recyclable materials separated from the solid waste stream at the point of generation.
STEEL CAN
Shall mean empty food, beverage and aerosol containers comprised of tin, steel or a combination thereof, which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by Department of Solid Waste.
SWMA
Shall mean the New Jersey Solid Waste Management Act, as amended.
TELEVISION
Shall mean a stand-alone display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches measured diagonally, able to adhere to standard consumer video formats and having the capability of selecting different broadcast channels and support sound capability.
TEXTILES
Shall mean clean dry clothing or other fabric measuring at least one foot by one (1' x 1') foot in size. It shall not include material that is wet or mildewed.
TIRES
Shall mean rubber wheels used on motorized transport or equipment whether bias-ply, cross-ply or radial.
TONER CARTRIDGE
Shall mean an exhausted replaceable cartridge containing toner powder and sometimes the photosensitive drum on which a laser printer generates the image to be printed.
TYPE 10 MUNICIPAL SOLID WASTE
Shall mean waste originating in the community consisting of household waste from private residences, commercial waste which originates in wholesale, retail or service establishments such as, restaurants, stores, markets, theaters, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings.
TYPE 13 BULKY WASTE
Shall mean large items of waste material, such as appliances and furniture. Discarded automobiles, boats, trucks and trailers and large vehicle parts, and tires are included under this category.
USED OIL
Shall mean any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.
USED OIL COLLECTION CENTER
Shall mean the municipal recycling center that manages used oil and accepts and/or aggregates and stores used oil collected from used oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used oil to the collection center in shipments of no more than 55 gallons pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may also accept used oil from household "do-it-yourselfer" used oil generators.
[Ord. #2010-4, § 4]
Notwithstanding the limitations to the Burlington County Regional Program (BCRP) or the Municipal Recycling Depot as outlined within this section, every person is required to source separate and recycle each of the designated recyclable materials outlined within this section.
[Ord. #2010-4]
a. 
In order to facilitate the collection of certain designated recyclable materials, there is hereby established a curbside program for the collection of source separated recyclable material from residents of the municipality.
b. 
Designated recyclable materials for the curbside program are those materials designated by the DSW for collection within the BCRP. These materials are: aluminum cans, corrugated cardboard, glass containers, paper, plastic bottles (Coded 1 & 2), steel (tin) cans and other recyclable materials as may be designated from time to time by the DSW.
c. 
Multifamily complexes of 20 or more units, condominium complexes of 20 or more units or mobile home parks of 20 or more units, or any commercial or institutional establishment shall not receive collection under this program unless the collection location and type of containers are approved by the DSW.
d. 
Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates promulgated by DSW and publicly advertised by the municipality or County.
e. 
All residents served by the curbside program shall source separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by subsection 12-5.6 of this section and on the date specified for collection.
f. 
Residents who are physically unable to place recyclable materials out for collection within the Burlington County Regional Program shall be exempt from requirements for participation within the program.
1. 
Determinations for this exemption shall be at the discretion of this municipality.
[Ord. #2010-4, § 6]
All recyclables placed for collection pursuant to the Curbside Program established within subsection 12-5.5 of this section shall be source separated and prepared for collection in accordance with the following conditions:
a. 
Cardboard and paper shall be set out in carts provided by this municipality.
1. 
Boxes shall be flattened as to fit into the cart.
2. 
Where cardboard boxes are too large to be placed in the cart and where there are too many boxes to fit within the cart, cardboard boxes must be flattened and placed alongside the cart for collection.
3. 
Carts shall be placed at the curb with the lid opening facing the street.
4. 
Carts shall be placed in such a manner so as to leave at least two feet of clear space around each side of the cart.
(a) 
Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.
5. 
Carts shall be maintained in a neat and sanitary condition so as to deter vermin and odors.
6. 
Carts are the property of the municipality and may not be used for any other purpose or to contain any other material.
b. 
Glass containers, aluminum cans, steel cans and plastic bottles:
1. 
Remove all caps and lids and dispose of as solid waste.
2. 
Glass containers, aluminum cans, steel cans and plastic bottles shall be rinsed free of contaminants.
3. 
Glass containers, aluminum cans, steel cans and plastic bottles shall be placed in a recycling container provided by the municipality.
4. 
Plastic and/or paper garbage bags shall not be utilized as containers for glass containers, aluminum cans, steel cans and plastic bottles.
c. 
Municipally provided recycling carts/containers may not be used for any other purpose whatsoever.
d. 
Removal of recycling carts/containers provided by the municipality by any person is prohibited.
e. 
Recyclables shall not be placed for collection earlier than the evening of the day preceding a scheduled collection day. Recyclables must be placed at the roadside by 6:00 a.m. on the scheduled collection day.
f. 
All other terms and phrases shall be as defined in the SWMA and regulations promulgated thereunder and the County Plan, unless content clearly requires a different meaning.
[Ord. #2010-4]
a. 
There is hereby established a Municipal Depot Program for the convenience of the residents. Source separated recyclables listed below may be brought to the Municipal Recycling Depot during the times and days advertised.
b. 
Yard-Recycling Drop-Off Area, 163 Carranza Road, Tabernacle, NJ 08088.
c. 
The following source separated recyclables will be accepted at the Municipal Recycling Depot:
1. 
Aluminum Cans
2. 
Corrugated Cardboard
3. 
Glass Containers
4. 
Paper
5. 
Plastic Bottles (Coded 1 & 2)
6. 
Steel (Tin) Cans
7. 
and other recyclable materials as designated by the Municipality.
[Ord. #2010-4, § 8]
a. 
It shall be the responsibility of the owner or manager of every multifamily, qualified private community and mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on their property in accordance with the land use regulations of the Township and the Burlington County Department of Solid Waste Management.
b. 
Designated Source Separated Recyclables.
Aluminum cans
Corrugated cardboard
Glass containers
Paper
Plastic bottles (Coded 1 & 2)
Steel (tin) cans
and other recyclable materials as designated by the municipality.
c. 
The owner or manager of each and every one of the above referenced locations shall notify all new residents within 30 days of occupancy and all other residents no less than two times each calendar year of the recycling location(s), the list of materials that are required to be recycled, the location of all recycling containers and the requirements of recyclable material preparation.
d. 
The owner or manager of each and every one of the above referenced locations who elects not to participate in the Burlington County Regional Program shall arrange for the collection and recycling of the designated recyclable materials outlined within this section at their own expense as allowed by law.
e. 
The owner or manager of each and every one of the above referenced locations shall be required to report recycling tonnages as described in subsection 12-5.10, Recycling Reporting Requirements, except where collection services are provided by the Burlington County Regional Program.
[Ord. #2010-4[1], § 9]
All persons generating municipal solid waste within this municipality through the operation of a commercial or institutional establishment shall source separate and arrange for collection of all designated recyclables within 30 days of the effective date of this section.
a. 
Designated recyclable materials for the mandatory commercial and institutional source separation program shall consist of the following materials:
Aluminum cans
Antifreeze
Consumer electronics
Corrugated cardboard
Fluorescent lights
Glass containers
Lead acid batteries
Leaves
Metal appliances
Paper
Plastic bottles (Coded 1 & )
Rechargeable batteries
Steel (tin) cans
Textiles
Tires
Used motor oil
Ink jet cartridge
Toner cartridge
and other recyclable materials as designated by the municipality.
b. 
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in subsection 12-5.10.
c. 
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the individual(s) responsible for the provision of solid waste or recycling services including the provision or maintenance of litter receptacles located on the property of any commercial or institutional establishment generating designated recyclables.
[1]
Ordinance No. 2010-4, codified herein, was adopted April 26, 2010.
[Ord. #2010-4, § 10]
Pursuant to 7:26A-10.3 all multifamily housing owners, mobile home parks, commercial and institutional housing owners or their agents shall report the tonnage of designated recyclable materials collected for recycling from their business or premises, as follows:
a. 
The management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company, shall submit to the Municipal Recycling Coordinator by the first day of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled.
b. 
Documentation shall take the form of a letter or report issued by the recycling service provider or end market to the generator of the recycled material. The generator must maintain weight slips or paid invoices and make such records available for inspection by this municipality, County or State for a period not to exceed five years.
c. 
Any solid waste or recycling service provider shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year's total recycling (expressed by weight) for each material recycled as prescribed by the DSW.
d. 
At a minimum, all reporting shall detail the municipality of origin, the name and location of the market or recycling center and the amount of each source separated recyclable material, expressed in gallons, tons or cubic yards, brought to each manufacturer or recycling center from the municipality of origin. Those persons specifying this information in cubic yards shall also indicate the conversion ratio utilized for calculating the materials from cubic yards to tons.
[Ord. #2010-4, § 11]
It shall be unlawful for:
a. 
Any person, other than those persons authorized to collect any designated recyclable which has been placed at the roadside for collection or within a recycling depot pursuant to this section;
b. 
Any person to violate, cause, or assist in the violation of any provision of this section or any provision of the County Plan concerning recycling;
c. 
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling depot.
d. 
Any person to hinder, obstruct, prevent or interfere with this municipality, the County or any other authorized persons in the performance of any duty under this section or in the enforcement of this section.
e. 
Any person to offer to collect or knowingly collect designated recyclable materials in any manner except as source separated recyclable materials as defined herein.
f. 
Any person required to provide a report as required under this section to fail to do so.
All unlawful conduct set forth in this subsection shall constitute a public nuisance.
[Ord. #2010-4, § 12]
a. 
Any person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has failed to source separate recyclables designated under any applicable subsection of this section.
b. 
Any person collecting solid waste generated within this municipality shall refuse to collect solid waste from any person who has placed solid waste into a municipally issued recycling container.
[Ord. #2010-4, § 13]
a. 
Notwithstanding anything herein to the contrary, any resident of the municipality may donate or sell any recyclable to any other person, whether operating for a profit or not for profit, provided, however, that the person receiving the recyclables shall not, under any circumstances, collect the donated or sold material from an established recycling collection route or from a recycling depot without prior written permission from this municipality for such collection.
b. 
Permission for such collection shall not be given for any day other than a Saturday or Sunday and, in no case, shall such permission be given to collect recyclables from a recycling depot.
[Ord. #2010-4, § 14]
a. 
Nothing contained in this section shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with N.J.S.A. 13:1E 29 and in force in the municipality on the effective date of this section.
b. 
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this section, unless such renewal or such contract shall conform to the requirements of this section.
[Ord. #2010-4, § 15]
a. 
Enforcement of this section shall be the responsibility of the Municipal Recycling Coordinator, State Police and/or the local Code Enforcement Official to identify who will enforce.
b. 
In addition to the Municipal Recycling Coordinator, State Police and/or the local Code Enforcement Official, the Burlington County Health Department and the DSW are hereby appointed as enforcement officer(s) for enforcement of all recycling requirements of this section.
c. 
Enforcement of this section shall be commenced in the Superior Court or in the municipal court of the municipality, and penalty or fine shall be collected with costs in a summary civil proceeding.
d. 
Any penalties or fines collected in an enforcement action shall be paid to the municipality when the municipality brings such action.
e. 
Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the DSW.
[Ord. #2010-4, § 16]
Any person who violates the provisions of this section shall upon conviction thereof in a proceeding before a court of competent jurisdiction be subject to the following fines:
a. 
Misuse of Recycling Containers/Carts for Trash, Theft of Containers. A fine of not less than $75 and not more than $250.
b. 
Residential Recycling Violation. A fine of not less than $35 and not more than $1,000.
c. 
Scavenging. A fine of not less than $100 and not more than $1,000.
d. 
Commercial or Institutional Violation. A fine of not less than $500 and not more than $1,000.
e. 
For any person who offers to collect recyclable materials in any manner except as prescribed within this section: A fine of not less than $1,000 and not more than $4,500.
f. 
For any solid waste or recycling service provider who fails to report as required within this section: A fine of not less than $500 and not more than $1,000.
g. 
For any management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company who fails to report as required within this section: A fine of not less than $500 and not more than $1,000.
Each continuing day of violation of this section shall constitute a separate offense.
[Ord. #2010-4, § 17]
In addition to any other remedy provided in this section, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this section for an injunction to restrain a violation of this section or the County Plan. In addition to an injunction, the court may impose penalties as authorized by subsection 12-5.16 hereof. The penalties and remedies prescribed by this section shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the municipality or the County from exercising any other remedy provided by this section or otherwise provided by law or equity.
[Ord. #2010-4, § 18]
The terms and provisions of this section are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This section shall be construed in pari materi with the SWMA and the County Plan.
[Ord. #1986-4; Preamble]
Pursuant to the provisions of N.J.S.A. 40:152-1 et seq., the Township Committee desires to establish a garbage collection district within the Township.
[Ord. #1986-4, § 1]
The territory of area contained within the limits of the Township are hereby set off, created and established as Garbage Collection District No. 1.
[Ord. #1986-4, § 2]
Collection shall be performed in the manner set forth under N.J.S.A. 40:152-1 et seq. The Township Committee shall have such authority for the implementation of that collection, and to make such rules and regulations as are necessary for such efficient collection.
[Ord. #1986-4, § 3]
There shall be raised by levying and collection, at the same time and in the same manner as other Township taxes, within the limits of said Garbage Collection District No. 1 sufficient monies to provide for the payment of the costs of removing and disposing of the garbage, refuse, trash and other refuse matter from said District. The Tax Collector of the Township of Tabernacle shall pay said sum to the Township Treasurer, and said sum so raised and collected shall be applied to the purpose for which it is raised.
[Ord. #1986-4, § 4]
All monies assessed and levied as aforesaid shall be a lien upon the lands and premises against which they shall be assessed, in the same manner that taxes are made a lien against lands in the Township, and the payment thereof shall be enforced within the same time and the same manner and by the same proceeding as the payment of taxes is enforced in the Township as provided by Statute.
[Ord. #1986-4, § 5]
The cost of collecting, removing and disposing of garbage, trash and refuse shall be raised by assessing and levying all properties and buildings within the Township.
[Ord. #2005-15, § I]
The purpose of this section is to regulate leaf collection and disposal in Tabernacle Township so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply with same.
[Ord. #2005-15, § 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 Chapter clearly demonstrates a different meaning. The word "shall" is always mandatory.
LEAF COLLECTION
Shall mean the gathering and stockpiling of leaves and/or grass clippings.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway and includes Township property and the land between the street lines and right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the municipal right-of-way.
[Ord. #2005-15, § III]
Sweeping, raking, blowing or otherwise placing leaf collection and/or grass clippings at the curb and/or in the municipal right-of-way or along the public street is not permitted in Tabernacle Township, and same shall not be placed closer than ten (10') feet from any storm drain inlet or any retention, detention or drainage area. Placement of such leaf collection and/or grass clippings at the curb or along the street is a violation of this section. Leaves and/or grass clippings shall not be placed on private property without the written permission of the owner of said private property. If such gathering or stockpiling of leaf collection and/or grass clippings occurs, the party responsible for the placement of the leaf collection must remove the leaf collection from the street or private property as the case may be or said party shall be deemed in violation of this section.
[Ord. #2005-15, § IV]
The Tabernacle Township Code Enforcement Department and/or the New Jersey State Police shall enforce the provisions of this section.
[Ord. #2005-15, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as follows:
a. 
First Offense—resident noticed and required to remove leaves within 10 days.
b. 
Second Offense—resident required to remove leaves within additional 10 days and a one hundred ($100.00) dollar fine.
c. 
Third Offense—resident required to remove leaves within additional 10 days and a fine of not less than $500 and not more than $2,000.
A continuing violation or repeated noncompliance with the provisions of this section shall be deemed a nuisance, and the Mayor and Township Committee shall have the right to apply to the courts of this State for injunctive relief or other relief in addition to the penalties provided for herein.
[Ord. #2009-5, § 1]
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 Tabernacle Township so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #2009-5, § 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Tabernacle Township or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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. #2009-5, § 3]
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:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 12-8.4 below prior to the completion of the project.
[Ord. #2009-5, § 4]
Storm drain inlets identified in subsection 12-8.3 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 subsection 12-8.4c below.
a. 
Design engineers shall use either of the following grates whenever they use 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 (7.0) square inches, or is no greater than 0.5 inch 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 (7.0) square inches, or be no greater than two (2.0) 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 four and five-eighths (4 5/8) inches long and one and one-half (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 inch.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
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. #2009-5, § 5]
This section shall be enforced by the Red Lion State Police and/or Code Enforcement Officer of Tabernacle Township.
[Ord. #2009-5, § 6]
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 $5,000 for each storm drain inlet that is not retrofitted to meet the design standard.