Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
Under R.S. 40:69A-29 a Faulkner Act municipality may organize and regulate its internal affairs; the same provision is a comprehensive grant of police power; codes relating to plumbing and sanitation, among others, may be adopted by reference pursuant to R.S. 40:49-5.1-3. See also R.S. 26:3-69.1-6.
This chapter shall be known and may be cited as the Health Code of East Windsor Township.
Whenever the health officer finds that public safety will not permit delay, he may exercise one or more of the following powers without resorting to legal proceedings and without giving notice of or holding any hearing which would otherwise be required under any provision of this revision:
a. 
To Prevent the Sale of Food. The health officer may prohibit the importation into the township or the sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
b. 
To Seize and Destroy Unwholesome Food. The health officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or liable to cause sickness or injury to the persons who consume it.
a. 
Inspection of Premises. The health officer shall have the right to inspect any premises in the township if he has reason to believe that a provision of this chapter is being violated, or as a part of a regular inspection.
b. 
Search Warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the health officer may apply to the municipal judge of the township for a search warrant. The application shall be based on an affidavit setting forth that the inspection is part of a regular program of inspection, or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the municipal judge is satisfied that an inspection is necessary, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
a. 
Notice to Abate Nuisance. Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified in the notice, but not less than five days from the date of service.
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate it within the time specified.
b. 
Abatement by Health Officer. If the owner or person in charge or control of the premises, either private or public, on being notified as provided in paragraph (a), does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the health officer shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
c. 
Recovery of Costs. Whenever any cost or expense is incurred by the township as a result of the health officer's abating or removing, or causing to be abated or removed, any nuisance or unsanitary or unhealthy condition, such costs and expense may be recovered in the following manner:
In all cases where practical and permitted by law, such costs shall be certified to the division of tax assessments and shall be a part of the taxes next assessed on the premises on which the nuisance or unsanitary or unhealthy condition was located.
Where the township is not permitted by law or where it is impractical to proceed under the preceding paragraph, the cost or expense shall be recovered by an action at law in any court of competent jurisdiction, which action shall be instituted by the council in the name of East Windsor Township.
Regardless of how costs are recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this chapter.
Any person knowing of anything being offered for sale as food for human consumption which he has reason to believe is spoiled, contaminated or otherwise unfit for human consumption shall immediately report such fact to the health officer.
The health officer may make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective; but no regulation shall be inconsistent with, alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
All fees, penalties and moneys collected under any provision of this chapter or the codes established hereunder shall be paid to the township treasurer.
(Reserved)
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance; prohibiting certain noises or sounds; requiring the proper heating of apartments; prohibiting spitting in or upon public buildings, conveyances, or sidewalks; authorizing the inspection of premises by an enforcing official; providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the health officer in removing or abating such nuisances; and prescribing penalties for violations is hereby established pursuant to Chapter 183, Laws of 1959. A copy of the code is made a part of this section without the inclusion of the text.
The code established and adopted by this section is described and commonly known as the Public Health Nuisance Code of New Jersey (1953).
Three copies of the Public Health Nuisance Code of New Jersey (1953) shall be placed on file in the office of the Township Clerk and shall remain on file for the use and examination of the public.
A code regulating the location, construction, use, maintenance and method of emptying or cleaning individual sewage disposal systems; the issuance of permits to locate, construct and empty or clean the systems; and fixing penalties for violations thereof is hereby adopted. A copy of the code is made a part of this section without inclusion of the text.
The code established and adopted by this section is described and commonly known as the Standards for the Construction of Individual Subsurface Sewage Disposal Systems of the State of New Jersey. (N.J.A.C. 7:9-2.1 through 7:9-2.97, inclusive.)
The following enumerated sections of the State Code shall be read as herein stated and shall be so enforced by the township:
i. 
Section 7:9-2.4 Definitions is hereby supplemented by the addition of the following definition:
"Average Percolation or Percolating Rate" is that rate of percolation which the Health Officer determines pursuant to subsection 18-4.2B.
ii. 
Section 7:9-2.27 Garbage Disposal - The installation of garbage grinders is prohibited.
iii. 
Section 7:9-2.58 Garbage Disposal - Section deleted.
iv. 
Section 7:9-2.60 Percolation Tests and Reports.
a. 
A minimum of four test holes shall be performed at the site of each disposal area spaced in the middle of the sides of the proposed disposal area. More than four test holes may be required by the Administrative Authority or its Authorized Agent where the soil structure may vary or large disposal areas are required. Tests for tracts involving more than one disposal system may be made in the amount of one per lot, one per acre or as prescribed by the Administrative Authority or its Authorized Agent. All percolation tests shall be performed under the supervision of a licensed professional engineer, licensed Health Officer or first-grade sanitarian and witnessed by the Administrative Authority or its Authorized Agent. The Administrative Authority or its Authorized Agent may waive, in writing, the right to observe the percolation tests. If the Administrative Authority or its Authorized Agent is unable to witness the tests within 15 days of written request from a professional engineer, Health Officer or sanitarian then certification from the engineer, Health Officer or sanitarian will suffice.
b. 
To be read as printed in the Code.
c. 
To be read as printed in the Code.
d. 
Reports shall be furnished to the Administrative Authority or its Authorized Agent indicating the following:
(1) 
Number of percolation tests made.
(2) 
Number of preliminary tests made to determine apparent saturation.
(3) 
Date of tests.
(4) 
Effect of recent rain or lack of rain.
(5) 
Apparent moisture of soil prior to test.
(6) 
Percolation rate in minutes per inch.
(7) 
Tabular data of time intervals and water drop per interval from beginning to end of test.
(8) 
Depth of ground water when encountered.
(9) 
Types of soil encountered, using the Unified Soil Classification System, or such other system as approved by the Department, together with the thickness of each layer.
(Also see Section 7:9-2.61 - Soil, Geology and Ground Water.)
(10) 
Weather conditions during the tests and for the previous week.
(11) 
All other factors affecting percolation test results.
(12) 
Sketch of the lot(s) which shows the location of the percolation test holes.
All data in this report must be certified by a licensed professional engineer, licensed Health Officer, or first-grade sanitarian and contain the following statement:
These tests were taken in conformance with the "Standards for Construction of Individual Subsurface Sewage Disposal Systems of the State of New Jersey", and the applicable amendments thereto contained in Chapter 18 of the Ordinances of the Township of East Windsor.
(Signature)
Name (typed)
Engineer/Health Officer/Sanitarian (Circle one)
License Number
Date
e. 
Percolation tests must have been made within one year of the date of construction of the system.
v. 
Sections 7:9-2.74 through 7:9-2.84 inclusive shall be read in conjunction and consistency with the amendments prohibiting percolation rates of over 40 minutes per inch.
Within one week of the submission of all percolation test reports the health officer or his authorized agent will grant or deny approval to proceed to preparation of the sewage disposal system design plan. The health officer or his authorized agent will determine the percolation rate to be used for design of the system based on an analysis of the percolation test results as examined with and in the context of the other data required to be submitted in the report. An average percolation rate in excess of 40 minutes per inch will not be permitted.
Three copies of the Standards for the Construction of Individual Subsurface Sewage Disposal Systems of the State of New Jersey shall be placed on file in the office of the township clerk and shall remain on file for the use and examination of the public.
Nothing in this section shall be construed as exempting any person from the requirement of connecting with a municipal sewer where such requirement legally exists, or of installing an extension of the sewerage system when required by ordinance; nor shall the issuance of a permit under this section estop the township, or any authorized agency thereof, from requiring the permittee to subsequently connect to an extension of the municipal sewer system if extended through the street on which the property of the permittee adjoins or abuts.
No person shall locate, construct or alter an individual sewage disposal system until a permit therefor is issued by the health officer who shall be the enforcing authority under this section. The health officer may issue a permit if an application therefor is accompanied by a certificate from an engineer licensed to practice professional engineering in. New Jersey, certifying that the design of the individual sewage disposal system as proposed is in compliance with the code.
The health officer or his authorized agent is to be notified at least 48 hours in advance of the commencement of construction or alteration of any sewage disposal system.
A new individual sewage disposal system shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied which rely on such system for sewage disposal, until the health officer shall have issued a certificate indicating that the disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the code. The issuance of such certificate shall not be required for alteration to an existing individual sewage system.
No person shall engage in the business of emptying or cleaning septic tanks, cesspools, privies or any other place used for the reception or storage of human excrement who does not hold a license issued by the health officer to engage in such business. Licenses shall be valid for one year from the date of issuance, but may be renewed by the health officer. A license may be revoked for failure of the licensee to comply with the provisions of the code, the rules of the health officer, or the ordinances of the township.
The contents of a septic tank, cesspool, privy, or other receptacle containing human excrement shall not be removed until a permit has been obtained from the health officer.
The health officer may order all work in and about an individual sewage disposal system, which is being erected or installed in violation of the code, to be stopped forthwith, except work which shall be necessary to remedy the violation. Thereafter the work may only be continued without violation of any of the provisions of the code. After issuance of an order and service of a copy on any person connected with or working in or about the erection or installation of the disposal system or any part thereof, no further work shall be done except as aforesaid. As used herein, the term "health officer" shall include not only the health officer, but also his agents or employees, and particularly the sanitary inspector.
Should any question arise as to the meaning or construction of this section or any provision of the code adopted herein, or should any person be aggrieved by an order, decision or action of the health officer, his agents or employees, an appeal may be taken before the township council within ten days from the date of the order, decision or action. The township council is granted authority to interpret and construe this section and the code, and make appropriate orders or judgments in all cases taken before it in accordance with the general intent and purpose of this section and the code. The decision of the township council shall be final.
The following fees and charges are established:
a. 
For the filing of an application and plans for a permit to locate and construct an individual sewage system, there shall be a fee of $500.
b. 
For the filing of an application and plans for a permit to alter an existing individual sewage system, there shall be a fee of $500.
c. 
Whenever on-site witnessing of percolation tests or inspection of construction occurs the cost to the applicant shall be $100 per hour of inspection or part thereof. The applicant shall deposit with the township the estimated cost of such inspection prior to its being made. The deposit shall be rendered at the rate of $100 per hour and shall be given to the administrative authority prior to any inspection in the field. After completion of the tests, the administrative authority shall determine the actual fees due and shall remit to the township treasurer the amount due to the township and shall return to the applicant any portion of the deposit money due the applicant. In the event that the deposit does not cover the actual fee due the administrative authority shall collect the balance due and owing from the applicant immediately.
d. 
For plan review, there shall be a fee of $500.
e. 
For minor alterations to an existing individual sewage system, there shall be a fee of $150.
A code regulating premises on which swine are maintained; establishing a minimum standard governing the location and maintenance of such premises; authorizing inspections of such premises; declaring and defining certain acts or conditions on such premises as nuisances; and declaring and fixing penalties for violations thereof is hereby adopted, pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:0-69 to 69.6). A copy of the code is made a part of this section without inclusion of the test.
The code established and adopted by this section is described and commonly known as the Maintenance of Swine Code of New Jersey (1957).
Three copies of the code herein adopted shall be placed on file in the office of the township clerk and shall remain on file for the use and examination of the public.
No person shall maintain more than two swine, as defined in the code, on premises with the township until a valid license is obtained, except that persons maintaining swine prior to December 4, 1969 shall not be required to obtain a license for one year therefrom.
Licenses required hereunder may be denied or suspended by the health officer for failure to comply with this section or the code. The health officer shall afford the person whose license has been denied or suspended an opportunity to be heard in public hearing and, within two weeks thereafter, to be informed of his decision.
Then fee for a license to maintain swine on premises shall be fifty ($15) dollars.
Licenses issued for the maintenance of swine on premises shall expire annually on December 31, and applications for renewal shall be submitted, together with the required fee, prior to June 1 of each year.
A code regulating the use, operation, maintenance and licensing of food and beverage vending machines; prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks; authorizing inspection of vending machines and their operations; and fixing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the code is made a part of this section without the inclusion of the test.
The code established and adopted by this section is described and commonly known as the Food and Beverage Vending Machine Code of New Jersey (1961).
Three copies of the Food and Beverage Vending Machine Code of New Jersey (1961) shall be placed on file in the office of the township clerk, and shall remain on file for the use and examination of the public.
Annual fees for permits and licenses to engage in business under this section are hereby fixed as follows:
a. 
License fee: $25 per year per machine engaged in the sale of potentially hazardous foods as defined in Chapter 12 of the New Jersey State Sanitary Code.
b. 
License fee: $15 per year per machine engaged in the sale of all other products.
A code regulating and controlling the location, construction, alteration and operation of public swimming pools, the issuance of permits to locate and construct, alter or operate public swimming pools; and declaring and defining certain public swimming pools as nuisances and fixing penalties for violations is hereby adopted, pursuant to Chapter 188, 1950 (N.J.S.A. 26:3-69.1 to 69.6). A copy of the code is made a part of this section without inclusion of the text.
The code established and adopted by this section is described and commonly known as the Chapter IX of the Sanitary Code (N.J.S.A. 8:26).
Three copies of the Swimming Pool Code of New Jersey (1970) shall be placed on file in the office of the township clerk, and shall remain on file for the use and examination of the public.
No person shall operate a public swimming pool until a permit therefor is issued by the health officer. Prior to issuance of a permit to operate, the following must be provided:
a. 
Proof and certification of personnel trained in CPR, standard first aid and lifeguarding.
b. 
Proof and certification of certified pool operator.
c. 
A current water analysis which meets the microbiological and chemical water quality standards as specified in N.J.A.C. 8:26-7.6 and N.J.A.C. 8:26-7.9.
The fee and charge for the issuance or renewal of a permit to operate a public swimming pool shall be $300. A plan review fee shall be $500 for review of plans for new construction and renovations to existing pools.
Permits issued for the operation of a swimming pool shall expire annually on April 1, and applications for renewal shall be submitted, together with the required fee, prior to April 1 each year.
Permits may be denied or suspended by the health officer for failure to comply with the provisions of this section or the code. The health officer shall afford the person whose permit has been denied or suspended an opportunity to be heard in public hearing; and following this, such person shall be informed of the health officer's decision and the reasons therefor.
[1]
Editor's Note: Former subsection 18-7.8, Penalties for Violations, was repealed in its entirety by Ordinance No. 2006-14. See section 5-8 for penalty provisions.
As used in this section.
a. 
GROSS SQUARE FOOTAGE — Shall mean the entire floor area of any retail food establishment.
b. 
RETAIL FOOD ESTABLISHMENT — Shall mean any establishment or operation where food is served, handled or provided for the public, whether for a charge or not, except that, pursuant to such regulations as the New Jersey State Department of Health may from time to time promulgate, agricultural markets and temporary and mobile retail food establishments may be inspected and licensed in accordance with special procedures and standards.
No person shall operate a retail food establishment without a license from the township department of health. No mobile unit shall receive a license from the health department without first having obtained a peddler's license from the municipal clerk's office.
Applications for licenses shall be submitted, together with the required fee, as follows:
a. 
Temporary food establishments - defined in subsection 18-8.4 hereof - not less than 20 days prior to the proposed date(s) of operation.
b. 
All other retail food establishments - on or before December 1 of each year preceding the year for which the application is made.
c. 
New applications may be made at any time during the year upon payment of the full annual fee.
All licenses issued under paragraphs b and c of this subsection shall expire on January 1 of the year following which they were issued or upon transfer of ownership or operation of a licensed premises, whichever comes first.
License fees shall be as follows:
a. 
Temporary retail food establishment — sale at a fixed location(s) not more than 24 consecutive days: $75.
b. 
Mobile retail food establishments — sale at diverse locations on a frequent basis: $50.
c. 
Permanent retail food establishments — sale at a fixed location on a regular basis:
1. 
Retail food establishment selling primarily for on-premises consumption and have on the premises:
(a) 
Less than 50 seats: $150.
(b) 
Between 51 and 200 seats: $300.
(c) 
More than 200 seats: $400.
In cases where benches are used instead of seats, or where retail consumption at a stand-up counter is permitted, every 24 linear inches of such bench or stand-up counter shall be deemed to be one seat.
2. 
Retail food establishment selling primarily for off-premises consumption and having:
(a) 
A gross square footage of less than 3,500 sq. ft.: $150.
(b) 
A gross square footage of more than 3,500 and less than 5,000 sq. ft.: $300.
(c) 
A gross square footage of more than 5,000 and less than 10,000 sq. ft.: $400.
(d) 
A gross square footage of more than 10,000 sq. ft.: $500.
(e) 
Seasonal stands: $50.
3. 
Retail establishments selling solely packaged confectionery: $25. As herein used, "confectionery" shall mean candy, chewing gum, crackers, pies, nuts and cookies.
4. 
Nonprofit organizations (Boy and Girl Scouts, etc.): $0 (Exempt).
All fees as set forth in subsection 18-8.4 hereof, except those in paragraph a, shall be paid on an annual basis before December 1 of each year.
a. 
Plan Review. No retail food establishment shall be constructed, renovated or converted, except in accordance with plans and specifications previously submitted to and approved by the health department.
b. 
Plan review fee for a new establishment: $500.
c. 
Plan review fee for alteration of an existing establishment: $50.
A license issued under the terms and provisions of this section may be suspended or revoked by the health officer for a violation by the licensee of any State health code which is by its terms applicable thereto or in violation of any law of the United States, the State of New Jersey, or any ordinance of the township.
Except in cases of health emergencies as described in section 18-1, a license issued under this section shall not be revoked, canceled or suspended until a hearing is held by the health officer. Written notice of the time and place of the hearing shall be served on the licensee at least ten days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending the license. Service shall be deemed effected either upon personal delivery to the person to be notified, or upon deposit in the United States Post Office in a sealed envelope, postage prepaid, addressed to the persons to be notified at the business address appearing on the license. At the hearing before the health officer, the person aggrieved shall have an opportunity to answer and thereafter be heard, and upon due consideration and deliberation by the health officer, the complaint may be dismissed; or if the health officer concludes that the charges have been sustained and substantiated, he may revoke, cancel or suspend the license in question.
Procedures at the hearing required in subsection 18-8.7 hereof shall be in conformance with the standards for other township license hearings as set forth in Revised General Ordinance 6-1.13. Following such hearing by the health officer the license holder shall have the right of appeal to the township council sitting as the board of health. An appeal shall be taken by filing written notice with the health officer within five days after the receipt of a written order following a hearing by the officer.
The council shall hear such appeal de novo within 30 days from the date of filing the notice of appeal. All the procedures required by Revised General Ordinance 6-1.13 shall apply.
A code regulating the manner in which refuse may be stored, collected and disposed of; declaring and defining certain conditions as nuisances; fixing the responsibilities and duties of persons storing, collecting or disposing of refuse; and providing for issuance of permits to collect refuse is hereby established, pursuant to the provisions of Chapter 188, P.L. 1950. A copy of the code is made, a part of this section without the inclusion of the text.
The code established and adopted by this section is described and commonly known as the Solid Waste Code of New Jersey (1959).
Three copies of the Solid Waste Code of New Jersey (1959) shall be placed on file in the office of the township clerk, and shall remain on file for the use and examination of the public.
As used in this section:
a. 
BUILDING — Shall mean any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes, either temporary or permanent, or other use or occupancy by persons.
b. 
SEWER — Shall mean any sewer or main designed or used for collection or disposal of sanitary sewage and located in any public street in the township.
c. 
CONNECTION DATE — When used with respect to a building constructed prior to the date of initial operation, as a part of any sanitary sewage treatment and disposal system in the township which is owned or operated by the township or the municipal utilities authority, of a sewer in the public street on which the building is located, shall mean the 90th day after the date of initial operation; and when used with respect to a building constructed after the date of initial operation as a part of any sanitary sewage treatment and disposal system which is owned or operated by the township or its authority, of a sewer in the public street on which the building is located, shall mean the 90th day after the date of completion of construction or after the date of initial occupancy of the building, whichever date shall be earlier.
The owner of any building located on any public street in the township in which a sewer is now constructed or shall be hereafter constructed shall, prior to the connection date with respect to the building, install a toilet in the building unless a toilet is then installed therein, and shall connect the building and every toilet therein with the sewer. This provision shall not apply to any dwelling situated more than 200 feet back from the edge of the street.
If the owner of any property in the township fails to make any connection or installation required by this section within the time required, the township may proceed to make the connection or installation, or cause it to be made, and charge and assess the cost thereof against the property, pursuant to the authority of N.J.R.S. 40:63-54.
To prohibit illicit connections to the municipal separate storm sewer system operated by the Township of East Windsor, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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.
a. 
DOMESTIC SEWAGE — Shall mean waste and wastewater from humans or household operations.
b. 
ILLICIT CONNECTION — Shall mean any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of East Windsor, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
c. 
INDUSTRIAL WASTE — Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c).
d. 
MUNICIPAL SEPARATE STORM SEWER — Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of East Windsor or other public body, and is designed and used for collecting and conveying stormwater.
e. 
NJPDES PERMIT — Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
f. 
NONCONTACT COOLING WATER — Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
g. 
PERSON — Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
h. 
PROCESS WASTEWATER — Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate or cooling water other than noncontact cooling water.
i. 
STORM WATER — Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the township any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).
This section shall be enforced by the township health department.
A code declaring ragweed and poison ivy to be a nuisance; providing for removal or abatement thereof and recovery of expenses incurred by the health officer in removing or abating the nuisance; and prescribing penalties for violations thereof is hereby established, pursuant to Chapter 188, Laws of 1950. A copy of the code is made a part of this section without the inclusion of the text.
The code established and adopted by this section is described and commonly known as the Weed Control Code of New Jersey (1953).
Three copies of the Weed Control Code of New Jersey (1953) shall be placed on file in the office of the township clerk and shall remain on file for the use and examination of the public.
The owners of any lands lying within the territorial limits of the township are hereby required to keep the lands they own free from brush and weeds of more than ten inches in height, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and other debris.
Where any land or premises lying within the township limits are permitted to grow up in brush or weeds exceeding ten inches in height or there is permitted to exist thereon any dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris, the township health officer or his designated representative is authorized and empowered to give written notice to the owner, if any, of the lands and premises to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris within ten days from the service of such notice. The notice shall be directed to the owner. It shall contain a brief description of the lands and premises sufficiently to identify same, and shall be served personally on the owner. If the owner resides outside the township, notice may be served upon them personally or by registered mail, with postage prepaid, and directed to them at their last known address.
In the event that the owner has not complied with the notice at the end of ten days, the health officer or his designee shall file a complaint against owner for violation of this section.
Each day thereafter that the removal has not been accomplished as ordered may be treated by the judge of the municipal court as a separate violation of this section if the judge finds that the owners willfully violated this section. At the end of 20 days from issuance of the first complaint, the township may move to abate the condition either through retaining a private contractor duly selected pursuant to N.J.S. 40A:11-1 et seq. or by use of township personnel. Such abatement shall not terminate any violation proceedings begun hereunder. The full cost thereof, including an amount equal to all township administrative costs associated with the abatement, plus the outstanding amount of any fine for non-performance levied by the municipal court, shall be certified to the township council which, upon approval of same, shall cause the amount charged to become a lien on the lands cleared and to form part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate as taxes, and to be collected and enforced in the same manner.
A code regulating the-emission of smoke from fuel-burning equipment, internal combustion engines, open fires, stacks or chimneys and providing for the inspection of fuel-burning equipment is hereby established, pursuant to Chapter 188, Laws of 1950. A copy of this code is made a part of this section without the inclusion of the text.
The code established and adopted by this section is described and commonly known as the Smoke Control Code of New Jersey (1953).
Three copies of the Smoke Control Code of New Jersey (1953) shall be placed on file in the office of the town-ship clerk and shall remain on file for the use and examination of the public.
A code regulating the use, operation and maintenance of coin-operated dry cleaning establishments; authorizing inspection of and operations connected therewith; and fixing penalties for violations is established, pursuant to N.J.R.S. 26:3-69.1 to 69.6. A copy of the code is made a part of this section without the inclusion of the text.
The code established and adopted by this section is described and commonly known as the Coin-Operated Dry Cleaning Establishment Code of New Jersey (1962).
Three copies of the code adopted by this section shall be placed on file in the office of the township clerk and shall remain on file for the use and examination of the public.
a. 
No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of the water supply has been issued by the health officer.
b. 
The health officer may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the water supply as proposed is in compliance with the code.
a. 
New water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions thereto be sold or occupied, which must rely on such a supply for water, until the health officer has issued a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing water supply.
b. 
The health officer may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the health officer that the water supply has been located and constructed in accordance with the terms of the permit and the requirements of the aforesaid code.
In case any permit or certification required by this section is denied by the health officer, a hearing shall be held thereon before the township council within 15 days after request therefor is made by the applicant. Upon such hearing the health officer shall affirm, alter or rescind the determination and take action accordingly within 15 days after the date of the hearing.
The health officer may order all further work in and about any water supply, which is being erected or installed in violation of the code, to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the code. After issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such water supply, or any part thereof, no further work shall be done thereon except as aforesaid.
The following fees and charges are established:
a. 
For the filing of an application and plans for a permit to locate and construct a water supply: $300.
b. 
For the filing of an application and plans for a permit to alter an existing water supply: $150.
c. 
For the filing of an application and plans for a permit to seal an existing water supply: $100.
All licensees under Chapter 8, Alcoholic Beverage Control, who sell alcoholic beverages shall prominently post on their premises a sign warning of the dangers to the unborn children of pregnant women who consume alcoholic beverages. The nature and type of warning signs shall be those prepared and distributed by the Mercer Council on Alcoholism and Drug Addiction, and approved by the Health Officer of East Windsor Township.
Any licensee under Chapter 8 who sells alcoholic beverages and fails to prominently post a warning sign as provided in subsection 18-15.1 above at all times after August 13, 1990, shall be subject to a fine of $25 for each day after August 13, 1990 that no such warning sign is prominently posted. The Health Officer of East Windsor Township, or a designated agent, shall have the authority to cause summons for violations of this section.
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Editor's Note: In accordance with the provisions of Ord. No. 1980-8, Removal of Grass, Weeds, Brush and Other Debris regulations have been reallocated from Chapter 5 to Chapter 18.
The owner and tenant of any lands lying within the territorial limits of the township are hereby required to keep the lands free from brush and weeds of more than 10 inches in height, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and other debris.
Where any land or premises lying within the township limits are permitted to grow up in brush or weeds exceeding 10 inches in height or there is permitted to exist thereon any dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris, the township health officer or his designated representative is authorized and empowered and ordered and directed to give written notice to the owner and tenant of the lands and premises to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris within ten days from the service of such notice. The notice shall be directed to the owner and tenant, if any; it shall contain a brief description of the lands and premises sufficiently to identify same, and shall be served personally on the owner and tenant, if any. If the owner or tenant resides outside of the township, notice may be served upon them personally or by registered mail, with postage prepaid, and directed to them at their last known address.
In the event that any owner or tenant of the lands shall fail to remove any and all brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and other debris within ten days after the aforesaid notice has been given, the, health officer or his designated representative is hereby authorized, empowered, ordered and directed to cause to be removed from the premises any and all of the brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and other debris, and after removal shall thereafter certify the cost of removal to the township council. If after examination of the certificate, the council shall find the cost to be correct, it shall cause the costs as shown on the certificate to be charged against the lands and the amount so charged shall forthwith become a lien on the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
Action by the council shall be done by resolution at a regularly scheduled public meeting.
After the above-mentioned ten day period, the health officer shall cause the materials to be removed from the premises in question. Removal to be completed by either employees of the township or by a private contractor; provided that the cost of the township of removal by any private contractor shall be in an amount less than $2,500.
Land designated as farmland, pursuant to the "Farmland Assessment Act" shall be exempt from this section in cases involving brush, weeds, and obnoxious growth except with regard to poison ivy, ragweed or goldenrod. Except as provided above, this section shall apply to land assessed pursuant to the "Farmland Assessment Act."
The council hereby finds and determines as follows:
a. 
The Surgeon General of the United States has previously called for a ban on the sale of cigarettes from vending machines.
b. 
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors, pursuant to N.J.S.A. 2A:170-51.
c. 
The council is presently unable to prevent the sale of cigarettes or tobacco in any form to minors from vending machines and no penalty has been imposed by State statute upon minors for the purchase of cigarettes.
a. 
All vending machines for cigarettes or tobacco in any form are hereby prohibited in the Township of East Windsor.
b. 
Any person owning, operating, renting or permitting the use of a machine for vending cigarettes or tobacco in any form on premises under his or her control shall immediately terminate the use of such machine and shall, within 20 days after the effective date of this section, remove, or cause to be removed, any such machine from the township.
The following fees shall be charged:
a. 
Certified copy of birth and death certificates: $20.
b. 
Certified copy of marriage certificate: $20.
c. 
Marriage license: $28.
a. 
General Provisions. The purpose of this subsection is to establish policies and procedures for the collection of fees associated with the performance of marriage or civil union ceremonies by the mayor.
b. 
Collection of Fees. Persons seeking to be married or joined in civil union by the Mayor of the Township of East Windsor shall remit a fee up to $100 to be paid to the township.
c. 
Receipt of Fees. The fee shall be paid by check, payable to the Township of East Windsor. Fees collected shall be deposited into the Recreation-Donation Trust Fund.
The following fees shall be charged:
a. 
Tattooing: $500.
b. 
Permanent Cosmetics: $500.
c. 
Ear Piercing: $500.
d. 
Body Piercing: $500.
e. 
Combination of Procedures: $750.
f. 
Temporary Establishment: $1,000.
g. 
Plan Review:
1. 
Tattooing, Body Piercing, Permanent Cosmetics: $500.
2. 
Ear Piercing: $500.
3. 
Temporary Establishment: $1,000.
This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of East Windsor and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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
Shall mean conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of East Windsor or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
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.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of East Windsor.
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This section shall be enforced by the township police department.