[Ord. #2-1966, § 100-1; Ord. #5-1968; Ord. #6-2003,
§ 1]
No person, corporation or partnership; firm, etc., shall make
any opening in any public street, sidewalk, pavement, avenue, or alley,
within the Borough, without first making written application on forms
supplied by the Borough and obtaining a written permit entitled "Street
Opening Permit" from the Borough.
[Ord. #2-1966, § 100-2; Ord. #5-1968; Ord. #6-2003,
§ 1]
Each opening shall require a separate application and permit,
and the payment of a fee as stated herein. A series of excavations
separated from each other shall not be deemed to be contiguous and
shall require a separate application and permit and the payment of
fees, as stated herein.
[Ord. #2-1966, § 100-3; Ord. #5-1968; Ord. #6-2003,
§ 1]
a. For every permit, the Borough shall charge a base fee of $300 to
be paid in advance.
b. For excavations in excess of 25 square feet, there will be an additional
charge of $5 per square foot of opening. All fees are to be paid in
advance.
c. If the additional permit fee imposed upon an applicant by subsection
12-1.3b exceeds $1,000 per excavation, or the sum of $5,000 per calendar year, or if the applicant is a public utility regulated by the Federal government and/or the State of New Jersey, the Borough may allow that portion of the fee imposed by subsection
12-1.3b to be satisfied by the posting of a cash deposit or maintenance bond in an amount to be determined by the Borough Engineer. If a maintenance bond is provided, the bond shall be subject to approval by the Borough Attorney.
[Ord. #2-1966, § 100-4; Ord. #5-1968; Ord. #6-2003,
§ 1]
a. It shall be the duty of the applicant to restore the street surface
in the following manner, and to maintain all proper safeguards surrounding
the opening or excavation to protect the public from damage or injury
resulting from same.
1. The street opening is to be filled and solidly compacted using a
power tamper in one foot lifts with submaterial to within eight inches
of the finished grade; then a six inch layer of bituminous stabilized
material to be laid in to within two inches of the finished grade;
then the final two inches of patch to the finished grade shall be
hot bituminous concrete surface course with the State of New Jersey
Standard Specification for Road and Bridge Construction, 1989 Edition
with latest revision.
2. Tack coat should be applied to the edges of the street opening just
prior to placement of the bituminous surface course. Placement of
the tack coat shall be in accordance with the State of New Jersey
Standard Specification for Road and Bridge Construction, 1989 Edition
with latest revision.
3. It shall be the duty of each person, corporation, partnership, firm,
and their contractor or agents to notify the Borough Office prior
to the backfilling of the opening or excavation, and of the date such
work will be done, so that the Borough Engineer or agent of the Borough
may, in his discretion, inspect all phases of the street restoration,
etc., and to file a written report to be used in the determination
of the return of cash maintenance deposit.
4. The partially restored pavement shall be allowed to settle for no
less than 90 days and no more than 180 days. Upon the completion of
the settling period, the opened or excavated area shall be restored
utilizing the infrared restoration process.
b. Upon completion of any project requiring the opening or excavation
of any street:
1. If in the opinion of the Borough Engineer or agent of the Borough,
the opening or excavation made pursuant hereto has not been properly
repaired or restored within 90 days from the time of the opening or
excavation, or if the applicant fails to restore the opening or excavation
utilizing an infrared restoration process after the settling period,
the Mayor and Council may apply any part of/or the entire amount of
the cash maintenance deposit toward the repair and restoration of
the opening or excavation. In such event, the applicant shall be responsible
to reimburse the Borough for all expenses incurred by it.
2. If in the opinion of the Borough Engineer or agent of the Borough,
that the repair has been made according to the above requirements
and in a satisfactory manner, the cash maintenance deposit or maintenance
bond shall be refunded to the person, corporation, partnership or
firm that made the application. The approval of the Borough Engineer
or agent of the Borough shall be in writing.
[Ord. #2-1966, § 100-5; Ord. #6-2003, § 1]
a. No excavation shall remain open for more than 24 hours, except when
special permission shall be granted and such special permission endorsed
on the permit, and all excavations shall be properly guarded and marked
with suitable traffic control devices as stipulated below. No excavation
of greater length than 50 feet shall be open at any one time, except
when special permission for a longer excavation shall be granted,
which permission shall be endorsed on the permit.
b. All traffic control devices must be positioned and maintained in
accordance with the rules, regulations and specifications contained
in the most current edition of the Manual of Uniform Traffic Control
Devices. Further, construction work shall be permitted only during
the time specified on the application and such other times as regulated
by this or other Borough ordinances. In the event an emergency situation
requires work to be conducted at times other than those specified
on the application or such times regulated by this or other ordinances,
such emergency work must be approved by the Chief of Police or the
Borough Engineer.
c. The Chief of Police may require that the applicant supply uniformed
police officers for the purpose of safeguarding pedestrians and maintaining
the orderly flow of traffic. In such event, the applicant shall make
arrangements to obtain uniformed officers through the Borough Police
Department and shall utilize the officers assigned to the applicant
by the Department.
d. The Chief of Police or the Borough Engineer may require that the
applicant utilize flagmen for the purpose of safeguarding pedestrians
and maintaining the orderly flow of traffic. In such event, the flagmen
shall be equipped with the following:
1. Orange vest, orange shirt or an orange cap. For nighttime conditions,
all such garments or caps shall be equipped with reflectorized devices.
2. During the daytime, a red flag having dimensions of 24 inches by
24 inches. During the nighttime, lights shall be utilized in lieu
of a red flag.
3. Sign paddles consisting of STOP/SLOW message, as prescribed under
the Manual of Uniform Traffic Control Devices. When used at night,
STOP/SLOW faces shall be reflectorized.
e. Construction equipment shall not be placed or located on any street
at hours other than those approved in the application, unless first
approved by the Chief of Police.
[Ord. #6-2003, § 1]
The Borough, through its Police Department, the Borough Engineer,
or agent of the Borough, shall have the authority to stop work at
the site if any nuisance or safety hazard exists and is not corrected
by the applicant. In order to abate any nuisance or safety hazard,
the Borough shall have the authority to remove equipment, vehicles,
materials and other property within the street right-of-way, backfill
open excavations and perform any other related work necessary to correct
a hazardous condition or violation of this chapter. In such event,
the applicant shall be responsible to reimburse the Borough for all
expenses incurred by it.
[Ord. #6-2003, § 1]
a. An applicant, prior to the commencement of any work hereunder, shall
furnish to the Borough satisfactory certificates of insurance indicating
that the applicant has in force and will maintain in force during
the performance of the excavation work and the period of the opening
or excavation permit, public liability insurance of not less than
$300,000 for any one person and $1,000,000 for one accident, and property
damage insurance of not less than $500,000 duly issued by an insurance
company authorized to do business in this State. The Borough shall
be named as an additional insured on the applicant's insurance policy.
In cases where the character or nature of the proposed excavation
work are such as to present an unusual hazard or a higher than normal
risk of damage or injury, the Mayor and Council may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred by the Borough Engineer for the consideration of the Mayor
and Council prior to the issuance of a permit.
b. By the making of an application for a permit, the applicant agrees
to indemnify and save harmless the Borough and its officers, agents
and servants from and against any loss, injury or damage (including
the costs of providing a defense) resulting from any negligence or
the fault of the applicant in the case of work covered by the permit.
The applicant shall also indemnify and save harmless the Borough (including
the costs of providing a defense) against any damage done to other
utilities as the result of the opening or excavation.
[Ord. #6-2003, § 1]
This section shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an opening or excavation permit is issued hereunder; nor shall
the Borough or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any opening or excavation work.
[Ord. #6-2003, § 1]
a. No permit shall be issued which would allow an opening or excavation
of a paved or improved street surface less than five years old unless
the applicant clearly demonstrates that public health or safety requires
that the proposed work be permitted or unless an emergency condition
exists.
b. If by special permission of the Borough a permit is issued to open
any paved or improved street surface less than five years old, a penalty
charge shall be made for the opening, except that the penalty shall
be waived in the event that the work is of an emergency nature. The
penalty charge shall be equal to the sum of $300 for the first two
years and $150 for years three through five.
[Ord. #2-1966, § 21-1]
The owner of any lands in the Borough erecting or causing to
erect a new dwelling, building or structure on the lands shall prior
to the issuance of any Certificate of Occupancy install, and thereafter
keep in good repair, curbs fronting on the property in accordance
with specifications as prepared by the Municipal Engineer.
[Ord. #2-1966, § 21-2]
In case the owner shall neglect or refuse to install the curbs,
the same shall be installed by the Borough at the cost and expense
of the owner under the direction of the Construction Official. Such
cost shall be certified to the Tax Collector and shall become a charge
against the lands abutting or bordering the curb. The amount of such
cost shall forthwith become a lien upon such lands and shall be added
and become part of the taxes next to be assessed and levied upon the
lands, shall bear interest at the same rate as taxes, and shall be
collected and enforced in the same manner as taxes.
[Ord. #6-1987, § 96.1]
The Mayor and Council has established that there are locations
within the Borough that serve as primary routes for school children
going to and from the local grammar school. In that regard, it has
concluded that the life, health, safety and general welfare of these
children are endangered when, as a result of prolonged or severe ice
and snow conditions, unobstructed access to these locations is limited
beyond a reasonable time.
[Ord. #6-1987, § 96.2]
As used in this section:
OWNER
Shall mean and include the person or persons holding legal
title to any lot, parcel of land, or real property covered by this
section, whether improved or unimproved and whether or not occupied
by the owner.
SIDEWALK
Shall mean paved, constructed or flagstone walks only intended
for use by pedestrians.
[Ord. #6-1987, § 96.3]
It shall be the duty of the owner, occupant or tenant of any
lot, parcel of land or real property in the Borough abutting or bordering
the sidewalks on both sides of State Highway 71 between Snyder Avenue
and Shore Road to remove or cause to be removed all snow and ice from
the sidewalk area in front of or bordering his lands, within 24 hours
after the snow has ceased to fall. In the case of ice which is impracticable
to remove, the ice on said sidewalks shall be covered with sand or
ashes within 24 hours after such ice has formed thereon.
[Ord. #6-1987, § 96.4]
If such person responsible shall fail or refuse to comply with
such removal then the Borough may cause the removal and after certification
of the costs involved, charge the same against the land abutting upon
such sidewalk, and the amount so charged shall forthwith become a
lien upon such land; and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, and shall
bear interest at the same rate as taxes, and shall be collected and
enforced in the same manner as taxes are permitted to be collected
by law.
[Ord. #6-1987, § 96.5]
No person shall place or cause to be placed any snow or ice
upon the gutters or traffic lanes of the roadway of any street; nor
shall any person remove snow or ice from any private or public property
and place same onto a sidewalk.
[Ord. #6-1987, § 96.6]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty established in Chapter
1, Section
1-5.
[Ord. #9-1987, § 1]
By virtue of this section, the Mayor and Council may from time
to time adopt resolutions which set forth the regulations that are
to be followed with respect to the collection of garbage in the Borough.
With respect to the collection of garbage in the Borough, the obligation
of the Sanitation Department shall be limited to the collection, on
each designated collection day, of three 30 gallon containers of garbage
or trash or receptacles equivalent to 30 gallons with no container
or receptacle to weigh in excess of 50 pounds. The foregoing limits
shall be applicable to every pickup within the Borough without regard
to whether the location may be a residential, commercial or apartment
complex pickup. The Sanitation Department shall not pick up any dumpsters
or other large containers of garbage that would cause it to deviate
from the foregoing regulations.
[Ord. #2-1966, § 36-5; New]
No person shall keep any garbage or trash receptacles outside
of the lot line of their property or on the sidewalk or curb, after
the prescribed time for collection has passed. At no time shall trash
receptacles be stored in the streets.
[Ord. #2-1966, § 36-11]
No person shall dispose of garbage, kitchen refuse or similar
matter through any portion of the sewage system which connects with
the sewage system of the Borough.
[Ord. No. 12-2009]
Proper management of solid waste is an important matter of public
health and safety. The source separation and recovery of certain recyclable
materials will serve the public interest by conserving energy and
natural resources, and reducing waste disposal expenses. In accordance
with the requirements of the New Jersey Mandatory Source Separation
and Recycling Act (N.J.S.A. 13:1E-99.11 et seq.) and the 2009 Update
to the Monmouth County Solid Waste Management Plan, it is therefore
necessary to update and amend existing municipal rules and regulations
for the separation, storage, collection and recovery of designated
recyclable materials.
[Ord. No. 12-2009]
It shall be mandatory for all persons who are owners, lessees
and occupants of residential property, of business and industrial
properties, and of private or public and government institutions and
buildings, to separate newspaper, corrugated cardboard, clean mixed
paper, aluminum cans, tin and bi-metal cans, glass bottles and jars,
and pourable plastic bottles ("designated recyclables"), from all
other solid waste produced by such residences and establishments,
for the separate collection and ultimate recycling of such materials.
[Ord. No. 12-2009]
As used in this section:
ALUMINUM CANS
Shall mean all disposable cans made of aluminum used for
food or beverages. Specifically excluded are aluminum foils, pie tins,
trays, cookware and other aluminum products.
CLEAN MIXED PAPER
Shall mean high grade bond paper, mixed office and school
papers, such as stationary, construction paper and writing tablets,
including computer printouts, magazines, gift wrapping paper, soft
cover books, junk mail and single layer cardboard (chipboard). Specifically
excluded are carbon papers, hard cover books (unless cover and binder
are removed), paper cups and plates, food wrappers or any other paper
contaminated by direct contact with food products, and paper products
used for personal hygiene, such as tissues.
CORRUGATED CARDBOARD
Shall mean layered cardboard including a waffled section
between the layers, of the type commonly used to make boxes and cartons.
Specifically excluded are waxed cardboard and any cardboard contaminated
by direct contact with food, such as pizza boxes.
GLASS BOTTLES AND JARS
Shall mean transparent or translucent containers made from
silica or sand, soda ash and limestone, used for the packaging or
bottling of various products. Specifically excluded are dishware,
light bulbs, window glass, ceramics and other glass products.
NEWSPAPER
Shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as painting or paper
mache projects, or used for cleanup of pet waste.
POURABLE PLASTIC CONTAINERS
Shall mean plastic bottles where the neck is smaller than
the body of the container, and is limited to plastic resin type #1
PET and plastic resin type #2 HDPE. Specifically excluded are other
resin types (#2 through #7) and non-bottle plastic containers such
as margarine tubs and other consumer items and packages, such as film
plastics, blister packaging, boxes, baskets, toys and other products.
TIN AND BI-METAL CANS
Shall mean all disposable cans made of tin, steel or a combination
of metals including, but not limited to, containers commonly used
for food products. Specifically excluded are cans which contain toxic
products, such as paints and oils.
[Ord. No. 12-2009]
Residences, businesses and institutions provided with recyclables
collection service by municipal forces or through municipal contract
shall place all designated recyclables in the appropriate containers
at curbside or other area(s) in the manner and schedule as regularly
published and distributed by the municipality.
[Ord. No. 12-2009]
a. Any multi-family complex, business or institution not provided recyclables
collection service by municipal forces or through municipal contract
shall be responsible for arranging the appropriate separation, storage,
collection and ultimate recycling of all designated recyclables.
b. Any multi-family complex, business or institution which is not provided
recyclables collection service by municipal forces or through municipal
contract shall provide the municipality with, at a minimum, an annual
report describing arrangements for both solid waste and recyclables
collection services, including the size, number and location of storage
containers, frequency of pickup service, the name and address of any
contractor hired to provide such service, and phone and other contact
information for the contractor.
[Ord. No. 12-2009]
Leaves shall be kept separate from other vegetative waste, and
shall only be placed for collection in the manner and schedule as
shall be published and distributed by the municipality. Grass clippings
shall not be placed with other materials for solid waste collection.
This requirement shall not prohibit any person or establishment from
making arrangements to collect leaves and grass directly from their
property through their own efforts or via contract with a landscape
service or other appropriate company, for direct transportation to
a permitted recycling operation.
[Ord. No. 12-2009]
The following bulky recyclables shall not be placed with solid
waste at the curbside or in containers provided for waste collection
and transportation to a disposal facility: concrete, asphalt, brick,
block, tree stumps, tree limbs over three inches in diameter, metal
appliances or bulk metal items larger than one cubic foot and/or heavier
than five pounds. Upon special notice from the Borough, bulk metals
and appliances may be placed with bulky waste during municipally sponsored
Bulk Waste Disposal Days, but will be handled separately for recycling
rather than disposal.
[Ord. No. 12-2009]
Automotive and other vehicle or wet cell batteries, used motor
oil and anti-freeze shall not be disposed as solid waste. Such items
are to be kept separate from other waste materials and recyclables,
and brought to local service stations, scrapyards, or publicly-operated
recycling facilities designed and permitted to handle such products.
[Ord. No. 12-2009]
Common, non-rechargeable dry cell batteries, commonly labeled
A, AA, AAA, C, D and 9-Volt, may be disposed with regular municipal
solid waste; however, rechargeable dry cell and button batteries still
contain significant amounts of various toxic metals, including mercury,
and shall be separated and brought to retail outlets or publicly-operated
recycling facilities providing specific arrangements for the proper
packaging and shipment of rechargeable and/or button batteries to
appropriate processing facilities.
[Ord. No. 12-2009]
Computers, computer monitors and other related electronic hardware,
as well as analog and digital televisions, are prohibited from being
placed with other solid waste for disposal. These and other electronic
devices shall be kept separate and brought to retail outlets or publicly-operated
recycling facilities providing specific arrangements for shipment
of these items to appropriate processing facilities.
[Ord. No. 12-2009]
a. All designated recyclables become the property of the Borough and/or
the contracted collector once placed at the curbside, in a container
provided by the contractor, or brought to and accepted at the Municipal
Recycling Depot.
b. It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
c. Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclable materials to any person, partnership
or corporation, whether or not operating for profit. The person, partnership
or corporation, however, shall not pick up the recyclable materials
at curbside.
[Ord. No. 12-2009]
a. No liquids of any type shall be placed with recyclables, or with
solid waste for collection and disposal.
b. No chemicals, liquid paints, pesticides, herbicides, reactive polishes
or cleansers, cleaning or automotive products, or other hazardous
wastes shall be placed with recyclables or with solid waste for collection
and disposal.
[Ord. No. 12-2009]
a. All apartment and other multi-family complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and the various types of recyclables,
as appropriate.
b. Any company or agency providing dumpsters, rolloff or other containers
to any apartment or other multi-family complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or for specific recyclables, as may be appropriate.
[Ord. No. 12-2009]
a. The Borough shall issue construction and demolition permits only
after the applicant has provided a Debris Management Plan identifying
the estimated number and types of containers to be used for the handling
of all solid wastes and recyclables generated during the project and
arrangements for the proper disposition of the generated materials.
b. A refundable deposit of $50 to $1,000 shall be submitted with the
Debris Management Plan, which will be returned after completion of
the project and submittal of appropriate records documenting the quantity
and disposition of solid wastes and recyclables. Inadequate or incomplete
documentation may result in the forfeiture of some or all of the required
deposit.
[Ord. No. 12-2009]
a. The position of Recycling Coordinator is hereby created and established
within the municipality, to be appointed by the Governing Body, for
a term of one year expiring December 31st of each calendar year.
b. The duties of the Recycling Coordinator shall include, but are not
limited to: the preparation of annual or other reports as required
by state and county agencies regarding local solid waste and recycling
programs, reviewing the performance of local schools and municipal
agencies in conducting recycling activities, periodic review of local
residential and business recycling practices and compliance, review
and recommendation on local subdivision and site plan submittals and
local construction and demolition projects for appropriate waste disposal
and recycling provisions, reports to the Governing Body on the implementation
and enforcement of the provisions of this section, and such other
reports and activities as may be requested by the Governing Body.
c. The Recycling Coordinator shall be required to comply with the Certification
Requirements for Municipal Recycling Coordinators, as established
by the State of New Jersey. The Recycling Coordinator shall have completed
the requirements for certification as a "Certified Recycling Professional"
(CRP), as required by the New Jersey Recycling Enhancement Act.
[Ord. No. 12-2009]
a. The duly appointed Municipal Recycling Coordinator, the Monmouth
County Health Department, and Code Enforcement Officer are hereby
jointly and severally empowered to inspect solid waste and recycling
arrangements and compliance at local residences, businesses, schools
and institutions and to enforce the provisions of this section, by
issuance of warnings, notices, summonses and complaints. A typical
inspection may consist of sorting through containers and opening bagged
solid wastes to detect the presence of recyclable materials.
b. The authorized inspector may, in his or her discretion, issue a warning
rather than a summons following an initial inspection(s), with a follow
up visit to determine compliance within a stated period of time.
[Ord. No. 12-2009]
a. Violation or non-compliance with any of the provisions of this section,
or the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
1. For a first offense: $25 to $100;
2. For a second offense: $50 to $250;
3. For third and subsequent offense: $100 to $1,500 and/or the performance
of community service in the recycling program, for a period not to
exceed 90 days.
b. Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
c. Fines levied and collected in Municipal Court pursuant to the provisions
of this section shall be deposited into the Municipal Recycling Trust
Fund. Monies in the Municipal Recycling Trust Fund shall be used for
the expenses of the municipal recycling program.
[New]
a. All private sector haulers or sanitary solid waste products that
are collected and disposed of from generators of recyclables within
the Borough shall insure the source separation of all required recyclables
from loads that they collect from contract generators in order to
assure their loads to the landfill are free of recyclables.
b. All private haulers and generators supplying recyclables directly
to markets shall submit a monthly tonnage report certifying their
recycled quantities to the Borough Recycling Coordinator.
[Ord. #4-1989, § 1]
The office of the Borough Administrator shall be responsible
for the implementation of grants received by the Borough of Spring
Lake Heights under the Clean Communities Model Program and the Mayor
is hereby designated as the coordinator of all grant implementation
and related activities.
[Ord. #4-1989, § 2; Ord. #18-2005, § 1]
Littering is hereby prohibited anywhere within the Borough of
Spring Lake Heights.
a. It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b. Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this subsection, the operator or
owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this subsection.
c. Definition.
LITTER
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn garden waste, newspapers, magazines, glass, metal, plastic or
paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
[Ord. #4-1989, § 3]
It is hereby required that adequate size litter receptacles
be provided at the following public places if they exist in the Borough:
sidewalks used by pedestrians in active retail commercially-zoned
areas, such that at a minimum there shall be no single linear quarter-mile
without a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[Ord. #4-1989, § 4]
The discarding or dumping of any household or commercial solid
waste is hereby prohibited in any place not specifically designed
for the purpose of solid waste storage or disposal.
[Ord. #4-1989, § 5]
The storage of tires in areas zoned residential is hereby prohibited
except in fully enclosed structures.
[Ord. #4-1989, § 6]
The parking of vehicles on residential lawns is hereby prohibited.
[Ord. #4-1989, § 7]
The keeping of inoperable or unregistered vehicles on streets,
vacant lots and residential lawns is hereby prohibited.
[Ord. #4-1989, § 8]
All material carried in vehicles must be covered or otherwise
protected so as to prevent said materials from dropping, leaking or
otherwise escaping from the vehicle.
[Ord. #4-1989, § 9; Ord. #12-2005, § 2]
The accumulation of debris on or around construction sites,
or the storage of debris in such a manner that it is likely to be
removed by natural forces onto adjacent property, is hereby prohibited.
No dumpsters can be stored in the street at any time, and portable
toilet facilities must have a minimum front setback of 25 feet and
a side setback of five feet.
[Ord. #4-1989, § 10]
All industrial, commercial or residential waste disposal bins
must be covered and adequate steps taken to insure that said bins
shall not overflow or that materials shall escape from said bins.
[Ord. #4-1989, § 11]
The sweeping into or depositing in any gutter, street, catch
basin or other public place of any accumulation of litter or other
material from any public or private sidewalk, driveway or property
is hereby prohibited; the owners of real estate are hereby required
to keep any sidewalk in front of said real estate free of litter and
debris, and all said litter or debris shall be collected and properly
containerized for disposal.
[Ord. #4-1989, § 12; Ord. #18-2005, § 1]
A fine not to exceed $250 shall be imposed for each violation
of the within statute; a violation, if it is of a continuing nature,
shall be considered a separate violation for each day that said violation
continues. This section shall be enforced by the Borough of Spring
Lake Heights Police Department or the Code Enforcement Officer.
[Ord. #4-1989, § 13]
The prohibition and requirements set forth herein are not intended
to amend or replace any other valid ordinances of the Borough of Spring
Lake Heights. Requirements and restrictions shall be in addition to
those contained in other Borough ordinances.
[Ord. #12-1994, § 1]
It shall be the duty of any owner and occupant of real property
within the Borough to keep the sidewalk and curb abutting such property
maintained and properly repaired so as to minimize any endangerment
to the public health, safety and welfare of any individual using the
sidewalks.
[Ord. #12-1994, § 1]
In accordance with procedures provided by subsection
12-8.3, any sidewalk or curb abutting any land or real property in the Borough, including that used for assembly, business, mercantile or multi-family purposes, which is out of line or grade, or broken, or out of repair, or is otherwise in need of construction or repair, shall be relaid to line or grade or the broken portions thereof shall be repaired or constructed by the owner or occupant of the land abutting such sidewalk. This subsection shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any curb or sidewalk which was installed incorrectly by a developer or contractor over which the Borough has or had control.
[Ord. #12-1994, § 1]
Whenever the Code Enforcement Official for the Borough determines
that such curb or sidewalk work is necessary, he shall, upon the adoption
by the Borough Council of a resolution authorizing such action, cause
notice in writing to be served upon the owner and occupants of the
lands requiring the necessary specified work to the curb or sidewalk
within a period of 30 days from the date of the notice.
[Ord. #12-1994, § 1]
a. In case the owner and occupant of land as described in subsection
12-8.2 shall not comply with the requirements of a notice to repair, the Public Works Department of the Borough may, upon filing proof of service of the aforesaid notice with the Borough Clerk, cause the required work to be done, and paid for out of the Borough funds available for that purpose.
b. The cost of such work shall be certified by the Public Works Department
to the Tax Collector of the Borough.
c. Upon filing of the certificate, the amount of the cost of such work
shall be and become a lien upon the abutting lands in front of which
such work was done to the same extent that assessments for local improvements
are liens in the Borough and shall be collected in the manner provided
by law for the collection of such other assessments, and shall bear
interest at the same rate.
d. In addition thereto, the Borough may have an action to recover the
same amount against the owner of the lands in any court having competent
jurisdiction thereof.
[Ord. #12-1994, § 1]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty established in Chapter
1, Section
1-5.
[Ord. #17-2005, § I]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Spring Lake Heights, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. #17-2005, § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this 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.
a. CONTAINERIZED - Shall mean the placement of yard waste in a trash
can, bucket, bag or other vessel, such as to prevent the yard waste
from spilling or blowing out into the street and coming into contact
with stormwater.
b. PERSON - Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c. STREET - Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
d. YARD WASTE - Shall mean leaves and brush.
[Ord. #17-2005, § III]
Sweeping, raking, blowing or otherwise placing leaves at the
curb or along the street is only allowed during the seven days prior
to a scheduled and announced collection, and shall not be placed closer
than 10 feet from any storm drain inlet.
Sweeping, raking, blowing or otherwise placing yard waste at
the curb or along the street is only allowed during the 48 hours prior
to a scheduled and announced collection and shall not be placed closer
than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street
at any other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
within 72 hours or said party shall be deemed in violation of this
section.
[Ord. #17-2005, § IV]
This section shall be enforced by the Borough of Spring Lake
Heights Police Department or the Code Enforcement Officer of the Borough
of Spring Lake Heights.
[Ord. #17-2005, § V]
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 $250.