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.
[Ord. 12/4/69; Ord. 2004-07]
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 by Ord. 1980-9]
(Reserved)
[Ord. 12/4/69]
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.
[Ord. 8/15/66; Ord. 1978-11; Ord. 1986-30; Ord. 1996-2; Ord. 2009-10]
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.
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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:
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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.
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(Signature)
Name (typed)
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Engineer/Health Officer/Sanitarian (Circle one)
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License Number
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Date
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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.
[Ord. 12/4/69; Ord. 1980-9]
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.
[Ord. 12/4/69; Ord. 1973-15; Ord. 1980-9; Ord. 1996-2; Ord. 2009-10]
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:
[Ord. 4/3/69; Ord. 1971-12; Ord. 1980-9; Ord. 1989-15; Ord. 2006-14; Ord. 2009-10]
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.
[Ord. 1980-9; Ord. 1982-7; Ord. 1996-2; Ord. 2009-10]
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:
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.
[Ord. 12/4/69]
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.
[Ord. 12/4/69]
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.
[Ord. 2005-28]
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.
[Ord. 12/4/69; Ord. 1980-10]
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.
[Ord. 12/4/69]
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.
[Ord. 12/4/69]
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.
[Ord. 1970-25; Ord. 1980-9;; Ord. 1996-2; Ord. 2009-10]
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.
[Ord. 1990-11]
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.
[Ord. 1980-10]
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."
[Ord. 1994-11]
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.
[Ord. 1996-2; Ord. 2007-3; Ord. 2009-10]
The following fees shall be charged:
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:
[Ord. 2011-6]
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.
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.
Shall mean any individual, corporation, company,
partnership, firm, association, or political subdivision of this State
subject to municipal jurisdiction.
Shall mean any waste container that a person controls
whether owned, leased, or operated, including dumpsters, trash cans,
garbage pails, and plastic trash bags.
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.
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.
