Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[Ord. 3/6/72; Ord. No. 11-2008]
"Swimming pool" shall mean a watertight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. A swimming pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee, and includes, but is not limited to, pools operated by or serving campgrounds, clubs, churches, cities, common interest communities, counties, day-care centers, group home facilities for six or more clients, health spas, institutions, parks, private lake, river or bay associations, State, County and municipal agencies, retirement communities, schools, specially exempt facilities, subdivisions, or the cooperative living type projects of three or more living units, such as apartments, boarding homes, condominiums, hotels, mobile home parks, motels, recreational vehicle parks, townhouses, trailer parks, and youth camps.
The code established and adopted by this section as described and commonly known as the "Swimming Pool Code of New Jersey (1970)."
Three copies of the "Swimming Pool Code of New Jersey (1970)" have been placed on file in the office of the department of health upon the introduction of this section and will remain on file there for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming pool until licenses and/or permits therefor shall have been issued by the department of health.
The following fees and charges are herewith established:
a. 
For the issuance of a permit to locate and construct a swimming pool $150.
b. 
For the issuance of a permit to alter a swimming pool $75.
c. 
For the issuance or renewal of a license to operate a swimming pool $300.
Licenses issued for the operation of a swimming pool shall expire annually on May 31 of each year and application for renewal thereof shall be submitted together with the required fee prior to June 1 of each year.
Licenses required by this section or the "Swimming Pool Code of New Jersey (1970)," may be denied or suspended by the department of health for failure to comply with this section or said code.
The health department shall afford the person whose license and/or permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing; and following this to be informed of the department's decision as provided by Section 2 of the "Swimming Pool Code of New Jersey (1970)."
a. 
Any person violating any of the provisions of this section and of the "Swimming Pool Code of New Jersey (1970)" made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Ord. No. 78-11]
a. 
Title. This section shall be known and cited as the Air Pollution Control Code of the Township of Scotch Plains.
b. 
Findings and Declaration of Policy: It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Township and a cause of substantial damage to property. For the purpose of preventing and reducing atmospheric pollution, it is hereby declared to be the policy of the Township to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, which is a source or potential source of air pollution.
Meaning of certain words: The following terms wherever used herein or referred to in this code shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
a. 
AIR CONTAMINANT - Shall mean solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
b. 
AIR POLLUTION -Shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property.
c. 
DIRECT HEAT EXCHANGER - Equipment in which heat from the combustion of fuel is transferred to a substance being heated so that the latter is contacted by the products of combustion and may contribute to the total effluent.
d. 
DIRECTOR OF AIR POLLUTION CONTROL OR DIRECTOR - Shall mean the person who is authorized by this section to exercise the powers prescribed by this code.
e. 
ECONOMIC POISONS - Shall mean those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants .
f. 
FUEL - Shall mean solid, liquid or gaseous materials used to produce useful heat by burning.
g. 
GARBAGE - Shall mean waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.
h. 
INCINERATOR - Shall mean any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap; or a facility for cremating human or animal remains .
i. 
INDIRECT HEAT EXCHANGER - Shall mean equipment in which heat from the combustion of fuel is transferred by conduction through a heat-conducting material to a substance being heated, so that the latter is not contacted by and adds nothing to the products of combustion.
j. 
INTERNAL CROSS-SECTIONAL DIMENSION - Shall mean any maximum linear perpendicular distance from an inside wall of a stack or chimney to the inside of an opposite wall, such as the diameter of a circular cross-section or the length or width of 1 rectangular cross-section.
k. 
LIQUID PARTICLES -Shall mean particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
l. 
MANUFACTURING PROCESS - Shall mean any action, operation or treatment embracing chemical, industrial, manufacturing or processing factors, methods or forms including but not limited to furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers .
m. 
MOTOR VEHICLE - Shall mean vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
n. 
ODOR - Shall mean the property of a substance which affects the sense of smell.
o. 
OPACITY - Shall mean the property of a substance which renders it partially or wholly obstructive to the transmission of visible light expressed as the percentage to which the light is obstructed.
p. 
OPEN BURNING - Shall mean any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney of an incinerator.
q. 
OPERATOR - Shall mean any person who has care, custody, or control of a building or premises, or a portion thereof, whether with or without knowledge of the owner thereof.
r. 
OUTDOOR ATMOSPHERE - Shall mean air space outside of buildings, stacks or exterior ducts.
s. 
OWNER - Shall mean any person who alone or jointly, or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary including but not limited to executrix, administrator, administratrix, trustee, receiver or guardian of the estate: or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or as signed by said lessee.
t. 
PARTICLES - Shall mean any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
u. 
PERSON - Shall mean and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof.
v. 
PLANT LIFE - Shall mean vegetation including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
w. 
REFUSE - Shall mean rubbish, garbage, trade waste and plant life.
x. 
RINGLEMANN SMOKE CHART - Shall mean Ringelmann's Scale for Grading the Density of Smoke, as published by the United States Bureau of Mines, or any chart, recorder, indicator or device which is approved by the New Jersey Department of Environmental Protection as the equivalent of the Ringelmann's Scale for the measurement of smoke density.
y. 
RUBBISH - Shall mean waste solids not considered to be highly flammable or explosive including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, papers, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
z. 
SALVAGE OPERATION - Shall mean any operation or activity from which is salvaged or reclaimed any product or material including but not limited to metals, chemicals or shipping containers.
aa. 
SMOKE - Shall mean small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
bb. 
SOLID PARTICLE - Shall mean particles of rigid shape and definite volume.
cc. 
SOURCE OPERATION - Shall mean any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
dd. 
STACK OR CHIMNEY - Shall mean a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
ee. 
STANDARD CONDITIONS - Shall mean 70 degrees F and one atmosphere pressure (14.7 psia or 760 mm Hg) .
ff. 
TRADE WASTE - Shall mean all waste solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
gg. 
VISIBLE SMOKE - Shall mean smoke which obscures light to a degree readily discernible by visual observation.
a. 
No person or owner of property or person or persons having possession or control thereof, shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as shall result in air pollution. The provisions of this section shall not apply to the use of economic poisons.
a. 
No person shall cause, suffer, allow or permit a salvage operation by open burning.
b. 
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste, or buildings or structures, by open burning.
c. 
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
d. 
The provisions of this section shall not apply to:
1. 
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Subchapter 2. 5 of the New Jersey Administrative Code.
2. 
Open burning of refuse for training or research exercises when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.
a. 
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of less than 200 million BTU gross heat input, or discharging through a stack or chimney having an internal cross-sectional dimension of less than 60 inches.
b. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, or greater than 20 percent opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of 200 million BTU or greater gross heat input, or discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
c. 
The provisions of paragraphs a and b of this subsection shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30-minute period.
d. 
The provisions of this subsection shall not apply to direct heat exchangers or manufacturing process, or any motor vehicle while operating on the public highways.
e. 
Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the director, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air.
a. 
No person shall cause, suffer, allow or permit particles to be emitted from any stack or chimney into the outdoor air the shade or appearance of which is greater than 20 percent opacity, exclusive of water vapor.
b. 
The provisions of this subsection shall not apply:
1. 
to particles the shade or appearance of which is greater than 20 percent opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive 30-minute period;
2. 
to source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with Subchapter 6. 5 of the New Jersey Administrative Code.
3. 
to indirect heat exchangers;
4. 
to incinerators;
5. 
for a period of five years from the date of issuance of a valid permanent "certificate to operate" to a source operation equipped with control apparatus for which a valid "permit to construct" or the permanent "certificate to operate" was issued by the New Jersey Department of Environmental Protection during the period June 15, 1967 to March 27, 1972.
a. 
Except as herein provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney shall submit to the director information for each such stack or chimney relating to place, type of fuel burned, heat content in fuel burned, quantity of fuel burned per hour and/or year, description of combustion equipment, usual period of operation, height and size of outlet and description of air pollution control equipment, and such other and pertinent information as may be requested on forms provided for that purpose by the director. The application forms shall also require submission of name, address and telephone number of person or persons responsible for day-to-day operation and, also, of person or persons responsible for maintenance of any such equipment. Any change in the name, address or telephone number of such person or persons shall be reported within ten days of the occurrence of such change to the director.
b. 
Such information shall be submitted to the director within 90 days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the building code of the Township.
Additional reports concerning these items may be requested by the director.
c. 
The provisions of subsection 24-2. 7 shall not apply to equipment designed or used for a heat input rate not more than one million British Thermal Units (BTU) per hour unless the equipment is designed for or actually using #4, #5 or #6 fuel oil or coal.
a. 
No person shall operate or permit the operation of an incinerator in the Township without a permit issued by the director in accordance with this code. The director shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this code. The permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions, if necessary, to comply with this code. All permits shall be issued by the director and shall expire on January 31 following their issuance, or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee shall be twenty-five ($25. 00) dollars payable to the Township.
b. 
No person shall operate or permit the operation of an incinerator in the Township before 9:00 a.m. or after 5:00 p.m. and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials from the firebox to a noncombustible container and in a safe manner, provided, however, that the director may, by special permit, because of exceptional circumstances, permit different hours of operation under such conditions as he shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
c. 
Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety, or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operator fails upon written or oral notice to take immediate corrective measures, the director may take all necessary measures to abate the condition including but not limited to ordering the cessation of use of equipment and sealing the same, pending a hearing in the municipal court.
d. 
No person shall cause, suffer, allow or permit smoke from any incinerator the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart to be emitted into the open air; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 1 on the Ringelmann Smoke Chart.
e. 
The provisions of paragraph d shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart, for a period of three consecutive minutes; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 2 of the Ringelmann Smoke Chart, for a period no greater than three consecutive minutes .
f. 
No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which are individually large enough to be visible while suspended in the atmosphere.
g. 
No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
a. 
The health officer of the Township shall, in addition to his other duties, enforce and administer the provisions of this code and, in exercising his powers and duties hereunder, shall be known as the director of air pollution control. The director may appoint or designate other employees or officers of the Township to perform duties necessary for the enforcement of this code.
b. 
The department of health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Township or its successor, to administer and enforce this code in addition to the powers and appointments provided by paragraph a hereof.
a. 
Emergency inspections may be authorized without warrant if the director has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall only take place where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
b. 
Emergency inspections may also be authorized by the governor in times of air pollution emergencies in accordance with R.S. 26:2C-32.
c. 
Where the director or his agent is refused entry or access, or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this code and subject to the penalties hereunder.
d. 
Search warrant or access warrant. The director may, upon affidavit, apply to the judge of the municipal court of the Township for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of the code may exist on the premises, including one or more of the following:
1. 
That the premises require inspection according to the cycle established by the Township for periodic inspections of premises of the type involve d;
2. 
2, That observation of external conditions (smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this code exist;
3. 
Circumstances such as age and design of fuel-burning equipment and/or system, type of incinerator, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.
If the judge of the municipal court of the Township is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
e. 
All buildings and premises subject to this code are subject to inspection from time to time by the director of air pollution control or his duly authorized representatives. All rooms and areas in the building shall be available and accessible for such inspection which shall be made during usual business hours if the premises are used for nonresidential purposes, provided, however, that inspections may be made at other times if (a) the premises are not available during the foregoing hours for inspection; (b) there is reason to believe that violations are occurring on the premises which can be determined and proved by inspection only during other than the prescribed hours; or (c) there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
a. 
Any person who shall violate any of the provisions of this code, or who shall fail to comply therewith or with any of the requirements thereof, shall be liable to the penalty established in Chapter 3, section 3-1 for each violation. Each day that such violation shall continue shall constitute a separate offense.
b. 
The violation of any section or any subsection of this code shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this code.
a. 
This code is to be liberally construed to effectuate the purpose herein described. Nothing herein is to be construed as repealing or abridging the emergency powers of any agency of government except to the extent expressly set forth herein.
b. 
If any section, subsection, paragraph, sentence, clause, phrase, or word contained in this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code which shall remain in full force and effect.
c. 
This section is promulgated and adopted in accordance with Section 26:2C-8 of P.L. 1954, C.212 (Title 26:2C-1 to 2C-23), amended by P.L. 1962, C. 215; P.L. 1967, C. 105; and P.L. 1967, C. 106; and nothing contained herein or any action taken hereunder is to be interpreted as being in conflict with the New Jersey Air Pollution Control Act and the New Jersey Administrative Code.
[Ord. No. 78-12; Ord. No. 80-21]
a. 
ENFORCING OFFICIALS - Shall mean and include the health officer, construction official, director of public property or other official authorized by the department of health to enforce this code and section.
b. 
PERSON - Shall mean and include an individual, firm, corporation, association, society, partnership, joint venture, and their agents or employees.
a. 
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this Township:
1. 
Any nuisance, offensive matter, foul or noxious odors, gases or vapors, water in which mosquito larvae breed and all causes of disease which may be known to the department of health or brought to its attention, which, in its opinion are injurious to the health of the inhabitants of the Township.
2. 
The existence or presence of any accumulation of garbage, refuse, manure, or anima] or vegetable matter which may attract flies and rodents or other vermin to which flies, rodents or other vermin may have access, or in which fly larvae or pupae breed or exist.
3. 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
4. 
Depositing, accumulating, or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other p lace .
5. 
Any construction done in such a manner as to cause or contribute to an accumulation of sewage, refuse, manure or animal or vegetable matter as previously defined or to cause or contribute to any other nuisance as defined in the General Ordinances of Scotch Plains.
6. 
Any construction done in such a manner as to be unstable or unsafe to the general public or to cause or contribute to a safety hazard to the public.
7. 
Any construction done in violation of any ordinances of the Township of Scotch Plains of the State Uniform Construction Code or State Housing Code.
b. 
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
a. 
Whenever a nuisance as declared by subsection 24-3.2 of this code is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
If the owner resides out of the state, or cannot be notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises and such action shall be considered proper notification to the owner, tenant or occupant thereof.
b. 
Whenever a nuisance as declared by subsection 24-3.2 of this code is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the department of health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premise or place.
c. 
If the owner, tenant or occupant upon being notified as provided by this section shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the department of health, construction official or department of public property may proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as they shall deem proper.
a. 
The department of health, construction official or department of public property may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by subsection 24-3 . 2 of this code from any person who shall cause or allow such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice. In the alternative, the enforcing official may certify its expenses in abating the nuisance and this amount shall be added to the tax liability against the property involved, or any other property of the person responsible for the violation within the Township of Scotch Plains in accordance with law.
The provisions of this code shall be enforced by the department of health or its enforcing official, the construction official, the director of public property or agents designated by the department of health. Nothing herein contained shall preclude the police department and its members from enforcing the provisions of this section.
Any person who violates, or neglects to comply with any provision of this section or code established herein or notice issued pursuant thereto, shall upon conviction thereof in the municipal court, be liable to a penalty of not less than $25 nor more than $500 for each violation. Each day shall be considered a separate violation.
[Ord. No. 10-2008]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 68-10 and 89-7.
FOOD
Shall mean a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
RETAIL FOOD ESTABLISHMENT
Shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
a. 
Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
b. 
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as human delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
c. 
An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
[Ord. No. 10-2008; Ord. No. 2017-8]
a. 
The annual fees of license shall be issued by the health department and payments shall also be made to the health department for retail food establishment as follows:
$ 50.00
Establishments offering prepackaged items (candy/snacks) and nonprofit establishments.
$ 100.00
Mobile retail food establishments.
$ 100.00
Establishments preparing food without seating facilities (excluding counter service), also establishments with seating at a capacity of 50 or fewer; or fewer than 2,000 square feet.
$ 150.00
Establishments with a seating capacity of more than 50 persons, or over 2,000 square feet.
$ 300.00
Establishments with a seating capacity of more than 100 persons or over 5,000 square feet.
b. 
Food vendors at temporary events, such as carnivals, street fairs, etc., shall apply for and obtain licenses for $100 per day of the event, not to exceed five days.
c. 
Applicants applying to construct or alter a retail food establishment must submit plans, including construction, plumbing, and equipment specifications to the health department for review. No retail food establishment shall be constructed, renovated or converted except in accordance with the plans and specifications submitted to and approved by the health department.
[Ord. No. 10-2008; Ord. No. 2017-8]
a. 
Nonprofit organizations proposing to provide a temporary commercial service or enterprise for fund-raising purposes and which, by virtue of the nature of the commercial service or enterprise proposed, are required to obtain a license, pursuant to the terms of this section, may apply for an exemption of fee to the health department's office.
[Ord. No. 2017-8]
b. 
Food vendors at temporary events such as carnivals, street fairs, etc., shall apply for and obtain licenses for $25 per day of the event, not to exceed five days.
c. 
Applicants applying to construct or alter a retail food establishment must submit plans, including construction, plumbing, and equipment specifications to the health department for review. No retail food establishment shall be constructed, renovated or converted except in accordance with the plans and specifications submitted to and approved by the health department.
All of the aforesaid licenses shall be valid for one year and expire on June 30. A renewal license must be purchased by June 30 of each year. A fee of $25 shall be imposed on renewal licenses for each month or part thereof after June 30, which has expired prior to renewal.
Licenses shall expire upon change of business location, change of ownership, or upon cessation of active operations. Changes in the food service operation are allowed but must be reported to the health department for review. Changes in operation may require a change in the class of the license required. Licenses are not transferable. New owners, private or corporate, require a new license.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment without first having procured a license from the health department to do so.
Any person who violates any provision of or an order promulgated under this section or code established herein, shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
a. 
Any license issued under the terms and provisions of this section may be suspended or revoked by the health department of this Township for violation by the licensee of any provision of this section or the "Retail Food Establishment Code of New Jersey (1965)" or whenever it shall appear that the business, trade, calling, profession occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of this Township, or that the person conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
b. 
A license issued under the terms and provisions of this section shall not be revoked, canceled, or suspended until a hearing thereon shall have been had by the department of health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepared, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the department of health, complaint may be dismissed, or, if the department of health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
c. 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the department of health.
[Ord. No. 78-13]
A code regulating the use, operation and maintenance of food and beverage vending machines and licensure thereof; 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 operations connected therewith; and fixing penalties for violations is hereby established pursuant to R.S. 26:3-69. 1 to 69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
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 said "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the office of the health officer and the Township Clerk and will remain on file there for the use and examination of the public during regular business hours.
It shall be unlawful for any person, whether as principal or agent, Clerk or employee either for himself or any other person, or for any body corporate or as an officer of any corporation, otherwise to:
a. 
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses, unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the department of health of this Township, so to do, and without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the Township council.
b. 
Maintain or permit to be maintained on or in any location in this Township, one or more machines or device offered for public use, which upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the Township department of health or without complying with any and all of the provision of the Food and Beverage Code of New Jersey (1961) as adopted or amended by the Township council.
As used in this section:
a. 
COIN-OPERATED VENDING MACHINE - Shall mean and include any device offered for public use which, upon insertion of a coin, coins, or token or other means, dispenses unit servings of food or beverage, either in bulk or package, without the necessity of replenishing the devices between each vending operation.
b. 
PREMISES - Shall mean the land and building and contiguous lands and buildings comprising the entire establishment of the owner or lessee thereof on which the coin-operated vending machine is located.
a. 
The fees for licenses as required by subsection, 24-5. 4 for regulation and inspection and control to be paid annually to this Township are hereby fixed as follows:
1. 
Vending machines dispensing milk or milk products including yogurt and ice cream, five ($5. 00) dollars per machine per year.
2. 
Vending machines dispensing hot or cold beverages and other liquids vended in open containers such as, but not solely restricted to carbonated, and non-carbonated beverages, soup, chocolate and coffee, ten ($10. 00) dollars per machine per year.
3. 
Vending machines dispensing ice in bulk, cubes or otherwise, ten ($10. 00) dollars per machine per year.
4. 
Vending machines dispensing readily perishable food such as but not solely restricted to, sandwiches, entrees, salads and desserts, ten ($10. 00) dollars per machine per year.
5. 
Vending machines dispensing beverages in bottles and cans, other than milk, five ($5. 00) dollars per machine per year.
6. 
Vending machines dispensing foods and confections not readily perishable, five ($5. 00) dollars per machine per year.
b. 
The fees provided by paragraph a shall apply only to the first coin-operated vending machine on the premises and for each additional machine on the premises the fee shall be five ($5. 00) dollars per machine per year.
c. 
All license and permit fees shall be paid to the department of health of the Township on or before January 31st of each year.
d. 
All permits and licenses issued under the authority of this section shall expire on December 31 of each year.
e. 
No license fee shall be required for any machine owned by any public school, church or religious organizations, or any nonprofit corporation or association of the State of New Jersey within the Township.
f. 
New or additional coin-operated vending machines installed during the year shall pay a pro rated license fee. However there shall be no refund of a portion of the license fee for any machine removed from the premises during the year. The fees established shall be prorated for the first year of the within section (i. e., until December 31, 1978).
Application for and issuance of the licenses referred to in subsection 24-5. 4 above shall be made in conformity with the provisions of the Food and Beverage Code of New Jersey (1961) as adopted or amended by the Township council. Such licenses are not transferable.
Licenses issued under authority of this section may be suspended, revoked, or reinstated by the department of health of this Township pursuant to the provisions of the Food and Beverage Vending Code of New Jersey (1961) as adopted or amended by the Township council.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal Government.
Any person, who shall violate any of the provisions of this section shall upon conviction, be liable to the penalty in Chapter 3, section 3-1. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
The department of health shall supervise and arrange such inspections of coin-operated vending machines and maintain such records as are required by N.J.A.C. 8:51-1.1 et seq. and the Food and Beverage Code of New Jersey (1961).
[Ord. No. 68-10]
a. 
a The growth, existence or presence of ragweed, poison ivy or poison oak on any plot of land, lot, street, right-of-way or any other public or private place is hereby declared to be a nuisance and detrimental to public health.
b. 
No owner, tenant or occupant of any plot of land, lot, street, right-of-way or any other public or private place shall cause, allow or permit ragweed, poison ivy or poison oak to grow or exist thereon.
Whenever a nuisance as declared by this section is found on any plot of land, lot, right-of-way or on any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the State or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof .
Whenever a nuisance as declared by this section is found on any public property or any street or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the department of health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premise or place.
If the owner tenant or occupant upon being notified as provided by subsection 24-6. 2 shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the department of health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner and, upon certification of the expenses, this amount shall be added to the tax liability against the property in accordance with law; or, in the alternate, the department of health may file a complaint with the municipal court and, upon conviction thereof, a penalty may be enforced of not more than two hundred ($200. 00) dollars and/or 90 days confinement for each subsequent offense. Each successive day during which the violation exists shall constitute a separate violation.
The provisions of this section shall be enforced by the department of health, its agents or employees.
[Ord. No. 76-24; Ord. No. 22-06]
The Township deems it essential to establish regulations regarding the maintaining and upgrading of its waterways which constitute natural resources contributing to the value of the citizens.
As used in this section:
a. 
PERSON - Shall mean and shall include any individual, corporation, company, association, society, firm, partnership, joint venture, and joint stock company.
b. 
POLLUTANT - Shall mean any introduced gas, liquid or solid, or any matter which is not an integral natural constituent of the waterway in question, that may cause or threaten degradation of water quality resulting in damage to the aquatic community or wildlife in and adjacent to the affected water body or potability or threaten injury to any of the inhabitants of the Township either in their health, comfort or property.
c. 
POLLUTION - Shall mean the introduction or presence of a pollutant in or about the Township waterways.
d. 
WATERWAY - Shall mean and include lakes, streams, brooks, storm sewers, and all other natural watercourses and their adjoining shore lines.
No person shall put, place, drain or store any substance in such a manner so that it may result in the pollution of any waterways in this Township.
No person shall alter, divert or change the level, shape or flow of any waterway in the Township so as to interfere with the passage of waters at the site upstream or downstream without the receipt of appropriate local, county, State and Federal permits.
No person shall construct or cause to be constructed any structure in, on, or over any waterway within the Township without the receipt of appropriate local, county, State and Federal permits.
Any person responsible for the violation of any of the above subsections shall immediately undertake to restore the waterways and affected properties upon notification to do so from the Township. If the person responsible fails to or refuses to take corrective action to the Township's satisfaction, the Township may undertake the restoration of waters and may retain agents and contractors for such purpose who shall operate under the direction of the Township. All costs incurred to correct the violations may be placed as a lien on the property in violation or may be recovered in a civil suit.
Township jurisdiction shall be in the department of health and those designated by the head of the department. Nothing herein contained shall preclude the police department and its members from enforcing the provisions of this section.
In addition to full restoration costs, any person violating this section shall be liable to the penalty stated in Chapter 3, Section 3-1. Each and every day the violation continues shall be considered a separate and distinct offense.
a. 
Purpose. The purpose of this subsection is to prohibit spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Scotch Plains, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. To the extent that the provisions of this subsection shall conflict with the provisions of Section 24-7, the terms hereof shall apply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Scotch Plains or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Scotch Plains is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exception to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated groundwater (e.g., filtration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
(c) 
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This subsection shall be enforced by the police department and/or Code Enforcement Officer of the Township of Scotch Plains.
f. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $500.
[Ord. No. 68-10; Ord. No. 15-01]
As used in this chapter:
The terms OFFAL, REFUSE, RUBBISH, GARBAGE, COMBUSTIBLE and NONCOMBUSTIBLE WASTE used in this chapter shall be interchangeable and shall mean and include the following:
a. 
Refuse: garbage, combustible and/or noncombustible waste solids.
b. 
Animal and/or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
c. 
Combustible wastes, yard trimmings, rags, wood, cardboard and waste solids of a nonvolatile or nonexplosive nature.
d. 
Nonputrescible solid wastes of both combustible and noncombustible wastes.
e. 
Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes and solid market and industrial wastes.
a. 
The owner, agent, lessee, tenant or occupant of every dwelling house or other premises where waste accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight fitting covers for receiving and holding the waste.
b. 
Sufficient is defined for the purpose of this section to be at least one receptacle for each family unit or other occupant of premises and at least two receptacles for each commercial or business establishment where refuse shall accumulate; but each occupant of premises shall provide sufficient receptacles to store all waste which may be accumulated between the times when such refuse is disposed of as hereinafter provided.
c. 
Suitable is defined to be a watertight metal, rubber or plastic receptacle with a tight fitting cover so constructed as to prevent spilling or leakage of its contents. Each receptacle for use at a single residence shall have a capacity of not more than 20 gallons and be equipped with a pull handle or handles.
d. 
Receptacles for waste from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in paragraph c hereof, provided they meet the qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
e. 
Receptacles that are badly broken or otherwise fail to meet the requirements of this section, may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable under the definition of this chapter at some previous time, then in that event, there shall be given notice to the owner of the fact that the receptacle is not deemed suitable at least ten days before the receptacle is collected.
f. 
Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner with the cover in place as to prevent creation of a nuisance or menace to public health.
a. 
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or placed in paper bags and placed in a receptacle as herein described.
b. 
Paper shall be secured and properly tied into bundles or other packages in a manner to prevent scattering while waiting or during collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man.
c. 
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall be packaged or otherwise assembled in quantities weighing not more than 50 pounds nor more than four feet in length.
a. 
The person maintaining any premises whereon a business or industry is conducted shall arrange for the removal of refuse on such premises each day unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed.
b. 
The owner, tenant or person occupying any premises shall be required to arrange for the pickup or collection of refuse from the premises at least twice a week except when a stipulated holiday intervenes.
a. 
All vehicles for which garbage permits are issued shall be of the closed compacting type and shall be constructed and loaded in such fashion that no part of the contents shall fall, leak or spill therefrom.
b. 
Vehicles operated under a refuse permit must be properly covered to prevent the scattering or spilling of rubbish either on private or public property.
c. 
Any licensee who shall spill or scatter any refuse collected by him on either public or private property shall immediately collect such refuse for disposal.
d. 
All licensees shall comply with State laws, the ordinances of the Township, and the rules, regulations and orders of the local department of health and State board of health.
e. 
Collections at residences shall be made between 6:00 a.m. and 7:00 p.m. on weekdays, Saturdays and holidays. The aforementioned hours shall not be for commercial premises, except if adjacent to and/or abutting residential property.
f. 
Licensee shall be required to submit satisfactory evidence from the owner of dumping grounds of dumping license or permit, which shall be for a term not less than the period of the license, which shall be filed with the department of health of the Township prior to the issuance of the license herein.
a. 
Enforcement of this section and penalties shall be governed by Chapter 3 of the Municipal Code of the Township of Scotch Plains and shall be specifically enforced by the Scotch Plains police department.
b. 
Any licensee violating any provision of this chapter, or the rules and regulations of the department of health relating thereto, may be subject to a suspension or revocation of his license upon due hearing before the department of health.
[Ord. No. 86-23; Ord. No. 87-15; Ord. No. 87-21; Ord. No. 87-26; Ord. No. 88-12; Ord. No. 90-20; Ord. No. 91-2; Ord. No. 91-18]
[1]
Editor's Note: Sections 24-9, Mandatory Recycling Program and 24-10, Dumping Prohibitions, previously codified herein were repealed by Ordinance No. 91-18. See Chapter 27 for regulations pertaining to recycling and dumping.
[Ord. No. 87-16; Ord. No. 91-18]
[1]
Editor's Note: Sections 24-9, Mandatory Recycling Program and 24-10, Dumping Prohibitions, previously codified herein were repealed by Ordinance No. 91-18. See Chapter 27 for regulations pertaining to recycling and dumping.
[Ord. No. 10-05]
An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Scotch Plains or on private property, so as to protect public health, safety and welfare, and to prescribe penalties for 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 the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife, including purposely or knowingly leaving or storing any refuse, garbage, food product, pet food, forage product or supplement, salt seed or birdseed, fruit, grain in a manner that would constitute an attractant to any wild animal or waterfowl. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
a. 
No person shall feed, on any private property or in any public park or on any other property owned or operated by the Township of Scotch Plains, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation center, or unconfined wildlife at environmental education centers or farm animals.)
b. 
No person shall feed on any public or private property deer or any of the other wildlife set forth in subsections 24-11.2c and 24-11.3a. Deer means a ruminant animal having deciduous antler, usually in the male only.
c. 
Feeding of other songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that: (1) such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property and; (2) does not create an accumulation of droppings on the property and surrounding properties and; (3) does not become an attractant for rodents or other wild animals and; (4) bird feeders are placed at least five feet above the ground.
a. 
This section shall be enforced by the police department and/or other municipal officials of the Township of Scotch Plains.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $100 for the first offense, and for the second or subsequent offense a fine of $100 to $300 and up to ten days of community service in the discretion of the municipal court.