Editor's Note: The Road Opening Trench Restoration Detail is included as an attachment to this chapter.
[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;
amended 11-27-2023 by Ord. No. 2023-8]
No permit shall be granted by the Township Clerk until the applicant
has paid to him the application fee 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 review of any application by the Township Engineer, said review
shall include but is not limited to the design documents, inspecting
the excavation work in question by the Township Engineer 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 $250 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 $500 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 $125 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.
[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; amended 11-27-2023 by Ord. No. 2023-8]
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 $10,000 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]
[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.
[Added 11-27-2023 by Ord.
No. 2023-8]
For all openings in a paved roadway, either of the following
re-construction methods may be used:
a.
The flowable fill backfill material shall be placed within five inches
(5") of the existing grade. A subbase layer of three inches (3") of
stabilized base (19M64) shall be placed and compacted. The remaining
two inches (2") shall be filled with a cold patch material. After
a minimum settling period of 30 days, the cold patch material shall
be removed and replaced with final paving (9.5M64) as directed by
the Township Engineer. All vertical and horizontal joints shall be
tack coated.
b.
Traffic stripes or markings such as edge lines, stop lines, center
lines, crosswalks, arrows or word messages, etc. shall be replaced
immediately after the temporary pavement is placed. Latex paint may
be used for temporary striping. Alkyd base thermoplastic shall be
used as the final striping material. Thermoplastic shall be installed
at 125 mil thickness. Glass beads shall be applied on the top of the
thermoplastic traffic stripes and/or markings. Installation methods
and thermoplastic materials shall be in accordance with the latest
version of NJDOT Standards Specifications for Road and Bridge Construction.
When the final pavement restoration is complete, the final pavement
markings shall be placed at the direction and approval of the Township
Engineer.
[Added 11-27-2023 by Ord.
No. 2023-8]
The following measures shall be taken to ensure the safety and
protection of the traveling public.
a.
All openings must be backfilled immediately, and pavement restored
in accordance with Township ordinances.
b.
If it is necessary to leave an excavation unfinished overnight or
for an extended period, the permittee shall place at the site suitable
barricades with appropriate lighting. The barriers and lighting devices
shall conform to the specifications set forth in the United States
Department of Transportation Manual on Uniform Traffic Control Devices,
and any amendments thereto, except that the permittee must place his
name and a phone number where he can be reached at all times.
c.
All permittees must call the New Jersey One Call, at (800) 272-1000,
and obtain clearances before beginning excavation. Any utility companies
that do not belong to this utility opening service shall be contacted
directly and all clearances obtained prior to beginning any disturbance.
d.
The permittee and contractor shall comply with all OSHA regulations
and with any other applicable laws in the performance of the work.
[Added 11-27-2023 by Ord.
No. 2023-8]
The standard for materials and construction methods shall be
the New Jersey Department of Transportation (NJDOT) 1989 Standard
Specifications for Roads and Bridges and as amended.
a.
Off-street rights-of-way restoration specifications.
1.
Fill.
(a)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt and foreign objects. "Fill" shall be defined as meeting
the requirements of Section 204, Borrow Excavation, of the current
version of NJDOT Standard Specifications.
(b)
Fill shall be compacted by vibratory equipment or rolling equipment,
where appropriate and as necessary to ensure that the original grade
is obtained.
2.
Surface.
(a)
In the case of a trench or opening in an earth shoulder, the
applicant shall restore the top four inches of the trench with topsoil.
The area shall then be fertilized, seeded and mulched in accordance
with current regulations as set forth by the Burlington County Soil
Conservation and Pinelands Commission, as applicable.
(b)
In cases where the shoulder material consists of gravel, the
applicant shall replace the material with eight inches DGA. The gravel
shall be properly graded and compacted to promote surface runoff of
stormwater.
(c)
In cases where the applicant proposes a trench in the unpaved
shoulder that is parallel to the edge of paving and results in an
opening less than one foot horizontally from the edge of paving, the
applicant shall be required to mill replace the pavement of the road
for a width of two feet from the edge of paving if any crumbling,
raveling, alligatoring, or other pavement failure occurs as a result
of the trench settlement.
b.
Bituminous concrete street restoration specifications.
1.
Fill.
(a)
Trenches shall be backfilled in layers not to exceed 12 inches,
and a mechanical tamper must be used. Should there be a deficiency
of material, additional backfill material shall be supplied. Whenever
the Township Engineer or his duly authorized representative shall
deem the material unsatisfactory for backfill, the permittee shall
provide acceptable material for the backfill.
(b)
Fill shall be clean with no organic content and free of roots,
stumps, asphalt, etc. Clay material shall not be considered acceptable.
2.
Gravel. Gravel shall be installed six inches thick. The gravel shall
consist of compact soil. The gravel shall consist of DGA. The use
of a recycled asphalt product (RAP) or recycled concrete product may
be substituted for the soil aggregate as long as it meets the NJDOT
requirements for 1-5 materials. The Township Engineer may, at his
discretion, submit samples of the soil aggregate for a gradation analysis,
with the cost of said analysis to be borne by the applicant.
3.
Temporary restoration.
(a)
Oil and stone roadways. For openings in oil and stone roadways,
the temporary restoration required will consist of the installation
of six inches of soil aggregate, Type I-5, to a level 2 1/2 inches
below the level of the adjacent paved surfaces. A two-inch minimum
depth of stabilized base course, HMA 19M64, shall be placed on the
base material to a level 1/2 inch below the adjacent paved surfaces.
(b)
Asphalt roadways.
(1)
Less than 100 square feet.
[a]
In openings of less than 100 square feet that are
in asphalt roadways, the temporary restoration shall consist of six
inches of soil aggregate, Type I-5 to a level four inches below the
level of the adjacent paved surfaces. A four-inch lift of stabilized
base course, Mix 19M64, shall be installed to grade.
[b]
These temporary surfaces shall be left in place
for a period of not less than 30 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the Township
Engineer shall determine when the work is acceptable for final restoration.
The permittee shall be responsible for all maintenance deemed necessary
by the Township Engineer until such time as the final restoration
is completed.
(2)
Greater than 100 square feet.
[a]
For openings that are greater than 100 square feet
but less than the disturbance in paragraph b3(b)(2)[c], in asphalt
roadways, the temporary restoration shall consist of six inches of
soil aggregate Type I-5 to a level four inches below the level of
the adjacent paved surfaces. A four-inch lift of stabilized base course,
Mix 19M64, shall then be installed to grade
[b]
These temporary surfaces shall be left in place
for a period of not less than 30 days to allow sufficient settlement
to occur. Should settlement continue to be inadequate, the Township
Engineer shall determine when the work is acceptable for final restoration.
The permittee shall be responsible for all maintenance deemed necessary
by the Township Engineer until such time as the final restoration
is completed.
[c]
If the work done by the permittee or the sum of
all the permittees on a given roadway disturbs greater than 30% of
the given roadway or consists of a longitudinal opening within one
lane of a roadway, the permittee will be required to install a one-and-one-half-inch
minimum surface course overlay for the full width of the roadway or
lane to the total length disturbed. This temporary overlay shall be
installed within 14 days of the initial trench restoration. The temporary
overlay thus installed will remain in place to allow for sufficient
settlement to occur and be maintained in a safe running condition
until the final restoration is completed. Where the trench or excavation
was to depths of 10 feet or less, the overlay shall remain in place
for at least 30 days before completing the final restoration. When
the depth of excavation of the trench exceeded 10 feet, the temporary
overlay will remain in place for 60 days before completing the final
restoration. The final restoration of all trenches that require a
temporary overlay shall be completed within 30 days after the settlement
period has elapsed unless directed to wait for an additional period
of time by the Township Engineer.
(c)
Maintenance of temporary restoration. All permittees shall be
responsible for all temporary restoration until such time as the final
restoration is completed. Upon notification from the Township Engineer
that the temporary restoration covered under the road opening permit
is in need of repair, the permittee shall have seven days to correct
all defects and restore the area(s) to an acceptable condition. Failure
to respond within seven days will result in penalties being imposed
in accordance with Township ordinances.
(d)
Emergency Openings. When an emergency opening must be made in
an asphalt roadway and a hot mix bituminous concrete cannot be obtained
during the course of the emergency work, the applicant shall be permitted
to use a cold mix emulsified asphalt (cold patch) as a temporary restoration
for no longer than 48 hours. The applicant shall advise the Township
Engineer in writing if cold patch is used for temporary restoration.
[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]
[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:
Shall mean the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq., as amended and supplemented.
Shall mean empty food and beverage containers comprised of
aluminum. Excluded from this definition are aluminum aerosol cans,
aluminum foil and trays.
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.
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.
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.
Shall mean source separated, nonputrescible, metal, glass
and plastic bottles coded #1 & #2; and paper and corrugated and
other cardboard.
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.
Shall mean source separated compostable or anaerobically
digestible material such as source separated food waste biodegradable
plastic and yard trimmings.
Shall mean used oil, antifreeze, latex paints, thermostats,
fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury
containing devices and consumer electronics.
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.
Shall mean a combining of source separated recyclable materials
for the purpose of recycling.
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.
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.
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.
Shall mean solid waste, food waste, or other material, which
adheres to, or which is otherwise contained on or in, source separated
recyclable materials.
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.
Shall mean the Burlington County Board of Chosen Freeholders,
and its successors and assigns, acting through the Burlington County
Division of Solid Waste Management.
Shall mean those designated recyclables that are placed for
collection within the parameters of the curbside collection program
as outlined herein.
Shall mean a container(s) provided by the municipality or
persons for the temporary storage of recyclable materials within the
residential unit(s).
Shall mean less than 1% by volume.
Shall mean the New Jersey Department of Environmental Protection.
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.
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.
Shall mean the Burlington County Department of Solid Waste,
its successors and assigns.
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.
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.
Shall mean any person(s) who causes solid waste to be produced
for any purpose whatsoever.
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.
Shall mean a replaceable unit that holds ink and the print
nozzles for inkjet printers.
Shall mean any entity, either public or private, either for
profit or nonprofit, who operates for educational, charitable, religious,
fraternal or other public purpose.
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.
Shall mean vegetative material, typically generated in the
autumn, which fall from trees and are collected for removal from a
property.
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.
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.
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.
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.
Shall mean residential, commercial and institutional solid
waste generated within a community.
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.
Shall mean the Township of Tabernacle located within the
County of Burlington, State of New Jersey.
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.
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.
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.
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.
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.
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).
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.
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.
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).
Shall mean any person residing within the municipality on
a temporary or permanent basis, but excluding persons residing in
hotels or motels.
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.
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.
Shall mean recyclable materials separated from the solid
waste stream at the point of generation.
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.
Shall mean the New Jersey Solid Waste Management Act, as
amended.
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.
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.
Shall mean rubber wheels used on motorized transport or equipment
whether bias-ply, cross-ply or radial.
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.
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.
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.
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.
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.
[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]
[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
|
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Corrugated cardboard
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Glass containers
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Paper
|
|
Plastic bottles (Coded 1 & 2)
|
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Steel (tin) cans
|
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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.
[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
|
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Consumer electronics
|
|
Corrugated cardboard
|
|
Fluorescent lights
|
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Glass containers
|
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Lead acid batteries
|
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Leaves
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Metal appliances
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Paper
|
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Plastic bottles (Coded 1 & )
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Rechargeable batteries
|
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Steel (tin) cans
|
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Textiles
|
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Tires
|
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Used motor oil
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Ink jet cartridge
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Toner cartridge
|
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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.
Shall mean the gathering and stockpiling of leaves and/or
grass clippings.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway and includes 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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #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:
[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:
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.
