[Ord. #9/19/73, § 54-1]
As used in this chapter:
Shall mean any opening which crosses the center line of the
surface of a road.
a.
Class A shall mean any road surfaced with a pavement such as asphalt,
concrete, brick or similar pavement, and/or any road having a concrete
base.
b.
Class B shall mean any road surfaced with stone or slag uniformly
deposited in layers, with a total thickness of not less than four
(4") inches, where the stone or slag has been compacted by the use
of a power roller and bound together by the application of oil.
c.
NEAR-SIDE OPENINGS
UNIMPROVED ROAD
Class C shall mean any old macadam or other road surfaced with a
light coat of stone and oil, or any waterbound macadam road without
oil treatment; and any gravel and/or cinder road with oil treatment.
Shall mean any openings which do not cross the center line
of the surface of a road.
Shall mean any cinder, dirt or gravel road without oil treatment.
[Ord. #9/19/73, § 54-2]
Hereafter it shall be unlawful for any person, partnership,
company or corporation to make or cause to be made any opening or
to dig or cause to be dug any holes, trenches or ditches in any of
the public streets, avenues, alleys, drives or highways or in any
park or other public place in the Borough without first having obtained
a permit in writing therefor as hereinafter provided.
[Ord. #2013-10, § 1]
When the Borough improves or paves any street or person or representatives
of a person improves or paves any street, the Borough Engineer's office
shall first give notice to all persons owning property abutting the
street about to be paved or improved, and to all public utilities
and authorities operating in the Borough, and all such persons, utilities
and authorities shall make all connections as well as any repairs
thereto which would necessitate excavation of the street within 30
days of the giving of such notice. The time shall be extended if permission
is requested in writing and approved by the Borough Engineer.
[Ord. #9/19/73, § 54-3; Ord. No.
2013-10, § 2]
Any person, corporation or other organization desiring to do or have done any of the work described in subsection 14-1.2 hereof shall make application in writing to the Borough Clerk for permit. Such application shall state the location and nature of the work contemplated; the time when the work is to be commenced; the period of time for which the work must be completed; and shall give such further information concerning the proposed operation as may be required.
a.
No street opening permit shall be issued by the Borough Engineer's
office to any person given notice under this section or their assignees
or successors which would allow an excavation or opening in paved
and improved street surface less than three years old unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
b.
If by special action of the Borough Council a permit is approved
to be issued by the Borough Engineer's office to open any paved or
improved street surface less than three years old, a penalty charge
shall be made for opening, except that the penalty fee shall be waived
by the Borough Engineer in the event the work is of an emergency nature.
c.
The penalty charge shall be on a sliding scale determined as follows:
The penalty charge shall be prorated based upon the unelapsed
portion of the three-year (36 month) restricted period. The total
penalty charge shall be the prorated penalty factor multiplied by
the base penalty charge.
Penalty factor is 3.33 percent of the above total for each unelapsed
month or fraction thereof of the three-year (36 months) restricted
period. Maximum penalty shall be 120% of above total and a minimum
penalty shall be $500.
Base penalty charge shall be $1,000 plus $5 per square foot
of disturbed roadway.
e.
No portion of the penalty charge shall be refundable and penalty
charges do not relieve the permit holder from the required performance
and maintenance cash bond or the required insurance. Restoration of
all road openings in "New Street" pavement shall be to a "newly paved"
condition. The restoration shall be according to the "deep patch"
method described in Asphalt Institute Booklet MS-16.
[Ord. #9/19/73, § 54-4]
Every application for such permit shall be signed by the person,
corporation or organization making application thereof; shall contain
an agreement to cause such opening in any public highway or other
public place to be refilled, repaired and the surface of the highway
or other place to be restored to the satisfaction of the Borough within
the period of time for which the permit shall have been granted; and
shall contain a further agreement to indemnify and save harmless the
Borough, its officers, agents and employees from any and all demands,
claims, suits or damages which may be occasioned by such opening.
[Ord. #9/19/73, § 54-5; New; Ord. #99-01, § 1]
a.
The following schedule of fees is hereby fixed, determined and established
as being the fees to be paid to the Borough of Beachwood for the issuance
of permits in connection with the servicing of such permits and supervision
and inspection of such openings to proper restoration:
b.
A nonmunicipal utility corporation may, at the discretion of the
Borough, in addition to the payment of the permit fees herein prescribed,
file an approved bond with the Borough in the amount as established
by the Municipal Engineer, conditioned on the complete restoration
to the satisfaction of the Borough of the foundation and surface of
any road permitted by the Borough to be opened.
c.
No fee shall be required for any permit to open any street to make
an underground conduit extension demanded by the Borough because of
a proposed improvement to an unimproved road.
[Ord. #9/19/73, § 54-6]
Permits hereinbefore mentioned may only be signed and issued
by the Borough Clerk. Such permits shall become null and void at the
time therein stated. They must always be kept at the scene of the
work and shall, upon demand, be exhibited to any officer or employee
of the Borough.
[Ord. #88-16, §§ 1-4; Ord. #91-09, § 1]
a.
Purpose. The purpose of this subsection is to adopt standardized
rules and regulations for the Borough of Beachwood concerning street
opening permits and road extensions within the technical specifications
concerning the requirements therefor.
b.
Rules and regulations adopted. The Borough of Beachwood hereby adopts
street opening and road extension rules and regulations prepared by
John S. Truhan Consulting Engineers Inc., Wall Township, New Jersey
under date of April 30, 1991 comprised of 25 pages and being entitled
"Rules and Regulations for Street Opening Permits and Road Extensions"
for the Borough of Beachwood, Ocean County, New Jersey, April 30,
1991.
c.
Copies available. Three copies of the above-referenced rules and
regulations shall be kept on file and available to the public for
inspection and review during normal business hours in the Beachwood
Borough Clerk's office.
d.
Violations and penalties. Those failing to comply with the afore-referenced
rules and regulations shall be subject to a penalty as hereinafter
set forth. Any person who violates any one or more paragraphs of this
subsection shall be subject to a fine of not more than $1,000 for
each separate offense and/or confinement in the Ocean County Jail
for a period of not more than 90 days.
[Ord. #9/19/73, § 54-8; New; Ord. #2013-10, § 3]
All permits issued under subsection 14-1.2 hereof shall be subject to the following rules and regulations:
a.
Protection for traveling public. The party or parties to whom the
permit is issued shall keep such opening properly guarded, and at
night shall place lights thereat, and in doing the work shall interfere
as little as possible with the travel along the road and not close
the road to traffic unless the party or parties to whom the permit
was issued was granted permission so to do by resolution of the Mayor
and Borough Council.
b.
Time limit. In case the work has not been completed before the date
of expiration as stated in the permit, and the party or parties to
whom the permit was issued has not requested an extension of time,
the Borough Engineer may, if he deems it advisable, take steps to
backfill the trench and replace a permanent pavement over the opening
for which the permit had been issued, and if any extension of time
beyond said date is needed for the completion of the work, a new application
must be filed.
c.
Excavation. The work shall be so conducted as not to interfere with
any water main, sewer or their connections with houses, until permission
of the proper authorities shall have been obtained. All rock within
five (5') feet of a water main or other pipe which will be damaged
thereby shall be removed without blasting. No excavation which will
damage trees or Borough property shall be made without the approval
of the Mayor and Borough Council.
d.
Backfilling. The party or parties to whom the permit is issued shall
backfill the excavation and replace as great a portion as possible
of the material excavated, compacting it by flushing, tamping or other
suitable means, and shall supply additional material when there is
a deficiency. Whenever the Borough Engineer shall deem the material
unsatisfactory for backfill, the party or parties to whom the permit
was issued shall backfill the trench with sand, gravel or sound steam
cinders and shall remove all excess material from the premises. If
tamping alone is employed, the material shall be placed in layers
not exceeding three (3") inches in thickness, moistened, and each
layer energetically tamped until thoroughly compacted.
e.
Restoration of street surface. The surface of excavated streets shall
be restored in accordance with Borough street specifications.
f.
Backfills in tunnels. In cases where it becomes necessary to resort
to tunneling operations to reach the point of connection with the
main line, the backfill in such tunnel shall be of rammed cement concrete
composed of a mixture by volume of one part cement to six parts of
coarse aggregate material not inferior to cinders.
g.
Special conditions. The Borough reserves the right to impose special
conditions in special cases.
h.
Notwithstanding, all road applications will require conformance with
prescribed road restoration program. Failure to comply will result
in work being done at the cost to the applicant.
i.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts, utilities or other structures under the surface
of any street used for the purpose of supplying or conveying gas,
electricity, water, sanitary waste, communication impulses, or any
other utility or communications service, to or from the Borough, or
to or from its inhabitants, or for any other purpose shall file with
the Engineer's office within two years after the adoption of this
paragraph accurate information showing the location, size and description
of all such installations.
[Paragraph I was adopted on November 6, 2013, by Ord. No. 2013-10]
j.
Within 30 days after the first day of January of each and every year,
such person shall file with the Engineer's office additional information
showing installation, including all those made or abandoned during
the previous years; provided, however, if no additions have been made
to its installation during the previous years, a utility or authority
may file with the Engineer's office a written statement to that effect,
within the period of time specified above. A utility or authority
may at its own option elect to provide additional information throughout
the year as it is available rather than proceed as above noted.
[Ord. #9/19/73, § 54-9; New]
[Ord. #86-2, § 60-1; Ord. #2000-16, §§ 2,
3]
As used in this section:
Shall mean:
Lumber, toys, furniture and household appliances.
Shall mean business located within Zones B-1, B-2 and B-3.
Shall mean those properties used primarily for commercial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Shall mean that area where the owner's property joins with
the street right-of-way.
Shall mean household waste such as food waste, diapers, paper,
bottles and cans.
Shall mean all waste which is deemed to be chemical waste,
hazardous waste or infectious waste, as defined by N.J.S.A. 7:26-1.4,
and which shall include but not be limited to wastes which are flammable,
corrosive or explosive or which, by themselves or in combination with
other waste, would be hazardous to life or property.
Shall mean those facilities that house or serve groups of
people, including but not limited to hospitals, schools, nursing homes,
libraries, governmental offices, group homes and houses of worship.
Shall mean every owner, lessee and occupant of a residence,
commercial or institutional establishment within the boundaries of
the Borough of Beachwood.
Shall mean any material considered recyclable, and so promulgated
by ordinance of the Mayor and Borough Council.
Shall mean any occupied single or multifamily dwelling having
up to four dwelling units per structure from which a municipal or
private hauler collects solid waste.
[Ord. #86-2, § 60-2]
Routes and times of collection shall be promulgated by resolution
of the Mayor and Borough Council.
[Ord. #86-2, § 60-3; Ord. #2000-16, § 4]
a.
Placement:
1.
Garbage containers shall be placed at the curb no earlier than 7:00
p.m. on the day preceding the scheduled collection and no later than
7:00 a.m. on the day of collection.
2.
Trash shall be placed at the curb no earlier than 4:00 p.m. of the
day preceding the scheduled collection, and no later than 7:00 a.m.
on the day of collection.
b.
Removal and storage: Garbage containers shall be removed from the
curb no later than 7:00 p.m. on the day of collection. Containers
and trash, not placed at the curb for collection, shall be neatly
stored in an area located at the rear or side of the structure, or
out of sight of the roadway.
[Ord. #86-2, § 60-4; Ord. #2000-16, § 5;
Ord. #2004-12, § 1]
a.
Garbage containers:
1.
Size, types and conditions: Refuse containers shall be the 95 gallon
refuse containers supplied to each homeowner by the Borough. Additionally,
they may include a 35 gallon refuse container as supplied by the Borough
at the cost of the homeowner. Each homeowner shall receive one 95
gallon refuse container which shall be appropriately marked and numbered
and shall not exceed two per dwelling unit. No other garbage containers
of any type will be allowed including garbage bags unless previously
approved by the Public Works Department based on some special circumstance.
It shall be the homeowners, tenant, lessee or occupant's responsibility
to clean up any spillage of garbage created by animals or vandals
and to keep the garbage containers in a clean and usable condition.
2.
Any container that does not conform to the provisions of this section
shall not be utilized. The collector shall have the authority to refuse
collection for failure to comply herewith.
3.
In the event the homeowner or a business owner desires an additional
95 gallon container, there shall be a charge of $70 therefor. If the
request is for an additional 35 gallon container, there shall be a
fifty ($50.00) dollar charge therefor.
b.
Bulky trash:
1.
Sizes: Bulky trash must be securely bound in packages (bundles) not
exceeding four (4') feet in length and two (2') feet in diameter.
2.
Weight: Package (bundled) bulky trash shall not exceed 50 pounds
in weight.
3.
There shall not be any protruding nails in any lumber placed out
at the curbside for collection.
4.
The Borough reserves the right to refuse to collect any trash item
exceeding the weight limitations hereinabove set forth or as a result
of the particular size and shape of the trash item making it too difficult
for the removal by two individuals.
[Ord. #86-2, § 60-5; Ord. #2000-16, § 6]
a.
Business, garbage pick up. The Borough shall supply each business
with one ninety-five (95) gallon trash container. Refuse cans shall
be limited to two containers per business. Businesses shall not use
plastic bags for garbage or refuse containers.
b.
Businesses; commercial establishments. Trash pick-up: There will
be no commercial trash pick-ups. Trash shall be disposed of through
private collection arrangements which is the responsibility of the
owner-operator of the commercial establishment.
c.
Builders: Builders, building contractors, or persons engaged in construction,
demolition, renovation or construction of additions to any structures
or on any sites within the Municipality will be responsible for removal
of any materials that are to be discarded as a result of such construction
or renovation.
d.
Home occupation: Home occupations must comply with all conditions
of this section and any State health regulations.
[Ord. #86-2, § 60-6; Ord. #96-07, § 1;
Ord. #2000-16, § 7; amended 8-18-2021 by Ord. No. 2021-12]
Individuals moving in or out of a dwelling in the Borough must
remove bulky trash items from the dwelling by obtaining a private
service or, if they request a pickup by the Borough Department of
Sanitation, they must first deposit with the Borough the fee of $750
for the Borough to provide manpower, garbage truck or vehicle and
landfill expenses.
a.
Appliances containing Freon; fee. There is hereby established a fee
of $20 for the disposal of any household size appliances containing
Freon. The fee shall be made payable to the Borough and shall be paid
in advance through the Borough Department of Public Works.
[Ord. #86-2, § 60-7; Ord. #2000-16, § 8]
This section shall be enforced by the Public Works Department,
the Police Department, the Code Enforcement Officer or any of their
duly designated agents or employees.
[Ord. #86-2, § 60-8; New; Ord. #88-19, § 1]
Any person who violates one or more of the provisions of this
section shall be subject to an initial minimum fine of $25 for the
first offense, a minimum fine of $75 for the second offense and a
fine of not more than $500 for each subsequent offense and/or confinement
in the Ocean County Jail for a period of not more than 90 days. In
the case of a continuing violation or violations, a fine of not more
than $500 may be assessed for each day that said violation or violations
are not corrected. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues. Each
day that a violation continues after notice has been served shall
be deemed a separate and distinct offense.
[1]
Editor's Note: Ordinance No. 83-9, pertaining to the Recycling
of Newspapers has been superseded by the adoption of Ordinance No.
88-6.
[Ord. #88-6, § 1]
This section shall be known and may be cited as the Recycling
Ordinance of the Borough of Beachwood.
[Ord. #88-6, § 2; Ord. #2000-16, § 9;
Ord. #2009-06, § 1]
The words, terms and phrases used in this section shall have
the following meanings:
Shall mean:
All plastic bottles; aluminum and steel cans.
Magazines, catalogues, junk mail, used writing paper, newsprint,
cardboard, office and school paper. No chipboard or pizza boxes.
Shall mean: The combination of commingled and paper listed
above in one container. Do not include plastic bags, food waste, paper
towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic
cups and utensils. No plastic other than bottles. No juice boxes or
bags. No garbage.
Shall mean empty all-aluminum beverage and food containers.
Shall mean those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials are set forth in subsection 14-3.3 herein.
Shall mean a computer central processing unit and associated
hardware including keyboards, modems, printers, scanners and fax machines;
a cathode ray tube, a cathode ray tube device, a flat panel display
or similar video display device with a screen that is greater than
four (4") inches measured diagonally and that contains one or more
circuit boards, including a television, and cell phones.
Shall mean empty steel or tin food or beverage containers.
Shall mean bottles and jars made of clear, green or brown
glass. Expressly excluded are noncontainer glass, plate glass, blue
glass and porcelain and ceramic products.
Shall mean any building or structure, or complex of buildings
in which three or more dwelling units are owner-occupied or rented
or leased, or offered for rental or lease, for residential purposes
(see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other
guest houses serving transient or seasonal guests as those terms are
defined under subsection (j) of section 3 of the "Hotel and Multiple
Dwelling Law," P.L. 1967, c76 (C55:13A-1 et seq).
Shall mean the person or persons appointed by the municipal
governing body and who shall be authorized to, among other things,
enforce the provisions of this section, and any rules and regulations
which may be promulgated hereunder.
Shall mean all solid waste generated as residential, commercial,
and institutional establishments within the boundaries of the Borough
of Beachwood.
Shall mean paper of the type commonly referred to as newsprint
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest. Expressly excluded, however, are newspapers which have been
soiled. "Newspapers" shall be deemed soiled if they have been exposed
to substances or conditions rendering them unusable for recycling.
Shall mean those materials which would otherwise become municipal
solid waste and which may be collected, separated or processed and
returned to the economic mainstream in the form of raw materials or
products.
Shall mean recyclable materials which are separated at the
point of generation by the generator thereof from solid waste for
the purpose of recycling.
Shall mean the process by which recyclable materials are
separated at the point of generation by the generator thereof from
solid waste for the purposes of recycling.
[Ord. #88-6, § 3; Ord. #89-18, § 1; Ord.
#2000-16, §§ 10, 11; Ord. #2009-06, § 3]
There is hereby established a program for the mandatory separation
of the following recyclable materials from the municipal solid waste
stream by all persons within the Borough of Beachwood hereinafter
referred to as the "Municipality."
a.
Aluminum cans;
b.
Ferrous containers;
c.
Glass containers;
d.
Newspapers;
e.
Other materials as are determined by Mayor and Council.
f.
All pourable, plastic containers with the exception of those made
of styrofoam, plastic food wrappers, plastic food bags, food tubs,
toys and phonograph records.
g.
Waste oil shall mean lubricating oil drained from internal combustion
engines in the process of regular engine maintenance.
h.
Tires shall mean standard automobile or light truck rubber tires
no longer than seventeen (17") inches rim size. All tires must be
removed from rims.
i.
Yard waste shall mean branches, shrubs, weeds, leaves, pine needles
and brush.
j.
Mixed paper shall mean mail, junk mail, catalogs, magazines, computer
and writing paper, and food and cereal boxes provided they have not
been contaminated with paint, oil or food matter.
k.
Cardboard shall mean corrugated brown kraft type packing and packaging
materials.
l.
Household batteries shall mean all dry type flashlight, watch, hearing
aid and photo batteries. They can be cylindrical, flat or button type.
m.
Wet-cell batteries shall mean all batteries which contain a liquor
and metal or lead plates used to store electricity such as car and
truck batteries.
n.
Refrigerants shall mean all gases and liquids used in appliances
to cool their contents or to cool the air.
o.
Concrete shall mean that material consisting of cement, sand, stone
or lime used in construction.
p.
Propane tanks shall mean any tank or cylinder used for the storage
of flammable liquid or gas no matter what size.
q.
Anti-freeze shall mean any chemical formulation of liquids generally
used as a coolant in automobile engines.
r.
Metal goods shall mean any furniture, toys, equipment, tools, etc.
constructed primarily of any metal-ferrous or non-ferrous.
s.
White goods shall mean all household appliances no matter what color
or makeup of materials.
t.
Paints and varnishes shall mean any liquid used as a finish or a
coating.
u.
Trees, trunks and stumps shall mean those parts of any wood perennial
plant. The trunk shall be considered to be the main stem of a tree
and the stump shall be that lowest part of a tree nearest the ground
and that part of the tree generally below ground consisting of the
root system.
v.
Electronic waste shall mean a computer central processing unit and
associated hardware including keyboards, modems, printers, scanners
and fax machines; a cathode ray tube, a cathode ray tube device, a
flat panel display or similar video display device with a screen that
is greater than four (4") inches measured diagonally and that contains
one or more circuit boards, including a television, and cell phones.
[Ord. #88-6, § 4; Ord. #96-11, § 1; Ord.
#2008-21, § 1; Ord. #2009-06, § 4]
a.
The recyclable materials designated in subsection 14-3.3 of this section shall be put in a suitable labeled container, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and not to exceed 32 gallon capacity nor to exceed 50 pounds in weight and placed at the curb or such other designated area for each collection, regardless of whether any recyclable materials are available for collection.
b.
The collection of mixed paper (newspapers, magazines, catalogues,
junk mail, brown corrugated cardboard and used writing papers - all
colors) shall take place on regular scheduled recycling days. Said
items shall be placed curbside in a closed container no larger than
32 gallons and a weight not exceeding 30 pounds. These items shall
not be bundled or tied but shall be placed loose in the container.
If brown corrugated cardboard is too large for the container it may
be cut into sections no larger than four feet by four (4' x 4') feet
and placed under the closed container. The Borough will not pick up
any items of recycling that are not properly placed curbside in accordance
with this chapter.
[Ord. #88-6, § 5; Ord. #2000-16, § 12]
All persons within the municipality shall, for the periods from
April through May and October through December of each year, separate
leaves and pine needles from other solid waste generated at their
premises and, unless the leaves are stored or recycled for composting
or mulching on the premises, place the leaves at the curb or other
designated area for collection at such times and dates and in the
manner established by the municipality's recycling regulations.
[Ord. #88-6, § 6; Ord. #96-11, §§ 2,3;
Ord. #2009-06, § 5]
a.
Mandatory source separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to, retail and other
commercial locations, as well as government, schools and other institutional
locations within the Borough of Beachwood, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
Borough of Beachwood.
b.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source separation
requirements of the ordinance which requires persons generating municipal
solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this section, a commercial or institutional generator of solid
waste shall file an application for exemption with the Municipal Recycling
Coordinator on forms to be provided for this purpose.
The form shall include, at a minimum the following information:
the name of the commercial or institutional entity; the street address
location and lot and block designation; the name, official title and
phone number of the person making application on behalf of the commercial
or institutional entity; the name, address, official contact person
and telephone number of the facility which provides the service of
recycling those designated recyclable materials, and a certification
that the designated recyclable materials will be recycled, and that,
at least on an annual basis, said recycling service provider or commercial/
institutional generator shall provide written documentation to the
Municipal Recycling Coordinator of the total number of tons collected
and recycled for each designated material.
[Ord. #88-6, § 7; Ord. #2009-06, § 6]
a.
The owner of any property shall be responsible for compliance with
this section. For multifamily units, the management or owner is responsible
for setting up and maintaining the recycling system, including collection
of recyclable materials, in accordance with guidelines or regulations
established by the appropriate municipal office. Violations and penalty
notices will be directed to the owner or management, in those instances
where the violator is not easily identifiable. The management shall
issue notification and collection rules to new tenants when they arrive
and every six months during their occupancy.
b.
Nonresidential compliance requirements.
1.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
2.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
3.
Every business, institution, or industrial facility shall report
on an annual basis to the Recycling Coordinator, on such forms as
may be prescribed, on recycling activities at their premises, including
the amount of recycled material, by material type, collected and recycled
and the vendor or vendors providing recycling service.
4.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any Code Enforcement Officer.
c.
New developments of multifamily residential units or commercial,
institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 99.16c).
1.
Any application to the Planning Board of the Borough of Beachwood
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain at a minimum, the following:
(a)
A detailed analysis of the expected composition and amount of
solid waste and recyclables generated at the proposed development;
and
(b)
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
2.
Prior to the issuance of a Certificate of Occupancy by the Borough
of Beachwood, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
3.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
d.
Collection by unauthorized persons. It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designed in subsection 14-3.3 of this section. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. #88-6, § 8]
The municipality or its designee is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in subsection 14-3.3 of this section and such other matters as are required to implement this section. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a resolution implementing the same. The municipality is hereby authorized and directed to enforce the provisions of this section and any implementing regulations adopted hereunder.
[Ord. #93-09 § 1; Ord. #2000-16, § 13;
Ord. #2009-06, § 7]
The Borough of Beachwood will accept up to four motor vehicle
tires per household per year as part of its normal recycling program.
In the event that it is determined by the Director of Public Works
that a greater number of tires should be accepted from any property,
then the Borough's Public Works Department may do so at a cost of
one dollar and fifty ($1.50) cents per tire or a price matching the
actual rate being charged to the Borough of Beachwood at the time
that the tires are accepted.
[1]
Editor's Note: Former subsection 14-3.10, Exemptions, previously
codified herein and containing portions of Ordinance No. 88-6, was
repealed in its entirety by Ordinance No. 2009-06.
[Ord. #88-6, § 9; Ord. #2008-21, § 1; Ord. No. 2009-06, § 9]
a.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of subsection 14-3.1, et seq., known as the "Recycling Ordinance of the Borough of Beachwood", or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, nor more than $1,000.
b.
Each and every day in which a violation of any the provisions of
this section exists shall constitute a separate offense.
[Ord. #2000-16, § 14]
The Borough of Beachwood will operate a drop-off center to permit
Beachwood residents and businesses to drop off various recyclables
and waste materials. The location, hours of operation and materials
accepted shall be determined by the Mayor and Council or their designee.
[Ord. #2010-04]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels or storm drains) that is owned
or operated by Borough of Beachwood or other public body, and is designed
and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #2010-04]
a.
No person in control of private property (except a residential lot
with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes) resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. #2010-04]
a.
Storm drain inlets identified in subsection 14-5.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this stand see subsection 14-5.3c below.
1.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 24 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension. (Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
2.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than two (2.0) inches
across the smallest dimension.
3.
This standard does not apply:
(a)
Where the municipal engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one (1") inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.S.A. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. #2010-04]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Beachwood.
[Ord. #2010-04]
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 $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
