[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights 6-10-1986 by Ord. No. 739 (Ch. 61 of the 1975 Code); amended in its entirety 4-2-2019 by Ord. No. 1473. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 107.
Discarding of alcoholic beverage containers — See Ch. 116, Art. I.
Brush, weeds and debris — See Ch. 138.
Dumpsters and storage containers — See Ch. 205.
Hazardous substances — See Ch. 256.
Littering — See Ch. 288.
Public health nuisances — See Ch. 484.
It shall be unlawful for any person to place or cause or suffer to be placed upon any vacant lot, street, alley, driveway, sidewalk, curbing, park strip, or any other public area any trash or recyclables except in conformity with this chapter.
Except as provided herein, the Borough shall be the sole collector of trash, garbage and recycling items within the Borough, and no person shall pick over or remove all or any part of trash, garbage or recycling items placed at the curb for Borough collection.
No tree, tree stump, branch, bush or other similar object shall be pushed, pulled or otherwise propelled on any public street.
No person shall deposit or cause or permit to be deposited in or upon any street or sidewalk any glass or any article composed primarily of glass, except such as may be deposited at the curb for Borough collection, and then only in a heavy plastic or metal container. Any person who shall drop glass or otherwise cause glass to be dropped in any street or on any sidewalk so that such glass is thereby broken shall forthwith gather up and dispose of the same.
No trash or garbage shall be deposited upon any public street nor in any other public place except at the curb for collection by the Borough in accordance herewith.
A. 
Trash, brush, garbage or recycling items shall not be placed at the curb earlier than 4:00 p.m. the day before collection nor later than 6:00 a.m. of the day of collection.
B. 
Appliances and metal are not to be placed at the curb side earlier than 4:00 p.m. the day before collection.
All trash, garbage and recycling items placed at the curb shall be subject to the following:
A. 
Garbage shall be drained of all liquids, wrapped in paper and placed in receptacles.
B. 
Trash must be placed in a suitable receptacle made of metal, plastic or other suitable material with a lid.
C. 
All trash and recyclables shall be securely tied to prevent their blowing away. All recycling can be placed in one container, but separate from trash and garbage.
D. 
No single article, bundle or loaded container shall be heavier than 50 pounds.
E. 
No explosives or highly flammable materials shall be included in any trash or garbage.
F. 
All containers owned by any person setting out trash, garbage or recycling shall be removed from the front of the premises within 12 hours after being emptied.
G. 
No container shall exceed 40 gallons in capacity. Residents wishing to permanently dispose of a larger container than allowed may place the same at the curb with trash, and it shall be removed by the Borough. Said container shall be clearly marked with the words "take away."
H. 
Refrigerators, freezers or any other items that have a capacity of four cubic feet shall have the door or lid removed from the hinges, and the cover or lid shall be placed separately at the curb.
I. 
A receptacle used for trash and garbage disposal cannot contain any recyclables.
J. 
Containers and materials shall not be placed in the street or on the sidewalk. Any bulk materials not in containers (fencing, branches, posts, etc.) shall be cut and bundled in lengths no longer than 48 inches. For brush or branches, all ends shall face the same direction.
K. 
No materials, including but not limited to brush and grass clippings may be put out for disposal that were not generated from that location. Concrete and construction items are not collected and are required to be removed.
L. 
Contractors are responsible for removing all trash and debris generated from construction or repairs from the property.
M. 
Any person owning or occupying a residential property desiring his trash and/or recyclables to be removed by the Borough or the Borough's removal contractor shall comply with this chapter.
No trash, brush or garbage shall be transported on any public street in the Borough unless it is carried in a covered leakproof vehicle.
It shall be unlawful for any person to place or cause or suffer to be placed upon any vacant lot, street, alley, driveway, sidewalk, curbing, park strip, or any other public or private property any trash, recyclables, brush, leaves, or grass clippings except in compliance with this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
BRUSH
Tree branches.
BULK ITEMS
Ferrous material, refrigerators, washing machines, dryers, hot-water heaters and other similar items. These items will be picked up by appointment or on the third Monday of the month.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling to include glass, aluminum, steel, plastic, corrugated and paper fiber.
COVERED PROJECT
A construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Camden County District Solid Waste Management Plan to be source separated for the purpose of recycling to include commingled, light iron, ferrous metal, waste oil, antifreeze, yard and tree refuse (limbs, logs, branches, grass clippings, bushes, bituminous material, leaves) and e-waste.
ELECTRONIC WASTE
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 inches measured diagonally and that contains one or more circuit boards, including a television, cell phones; all corded electronic devices.
GARBAGE
Refuse, animal or vegetable matter.
MULTIFAMILY DWELLING
Any building or structure, or complex of buildings in which two 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, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this chapter, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Haddon Heights.
PERSON
An individual, firm or corporation.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION
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.
SPECIAL MATERIALS
Materials or other solid waste, such as broken concrete, sod, dirt, shrub stumps, tree stumps, tree roots, automobile parts, including tires with rims, building materials, fencing materials, hazardous waste, asphalt, wood (other than brush), etc., that cannot be collected by standard collection vehicles (trash packers) or cannot be disposed of in a customary way (landfills or incineration). This will include porcelain and plastic plumbing fixtures.
TRASH
Any refuse matter, garbage and/or discarded materials coming from a residential property weighing less than 50 pounds and not larger than four feet in length and not including water-carried waste, industrial waste, white goods, or construction debris.
A. 
Brush and tree removal by someone other than the resident. Any brush or tree contracted to be trimmed or removed shall be entirely disposed of by the contractor.
B. 
Brush and tree removal by a resident only. Any brush or tree trimmed or removed by a resident on his own property to be removed by the Borough shall be subject to the following:
(1) 
All brush must be tied and bundled, no more than four feet in length.
(2) 
Bundles must not exceed 50 pounds.
(3) 
Brush must be placed at curbside in an orderly manner, facing in one direction.
(4) 
Branches shall not exceed eight inches in diameter.
(5) 
Branches shall be approximately 20 feet in length.
(6) 
Material is to be placed at the curb in such a manner that no driveway or public walk will be blocked, and same shall not be placed in any manner so that it extends into any part of the street.
(7) 
Material shall not be placed at the curb earlier than the day before designated pickup.
(8) 
Material must be free of metal, wire, trash, etc.
(9) 
Designated days for brush pickup are to be the first full week of the months of March through and including November.
C. 
Grass clipping containers are not to exceed 60 pounds in weight.
All leaves shall be disposed of and governed by the following regulations:
A. 
Between September 1 and December 15, and between March 15 and April 15, residents shall be permitted to place leaves in piles between the sidewalk and curb for pickup, weather and equipment permitting. Leaves placed at the curb in such a manner shall be free of any other trash or brush. Leaves shall not be placed in the street.
B. 
Every Monday between September 1 and December 15, and between March 15 and May 15, bagged leaves will be permitted to be placed at the curbside for collection by the Borough.
A. 
The removal of materials generated by a contractor or by a resident is the responsibility of the person who generated the material, including but not limited to material from home renovations (interior and exterior). Where a permit is required, acknowledgment of this will be by the signing of said acknowledgment at the time the permit is issued. The lack of need for a permit does not preclude the responsibility of removal by the resident. Materials generated by a resident only may be placed at the curb in accordance with § 393-7. A resident may not place more than five containers at the curb for removal pursuant to this section.
B. 
The removal of special materials generated from a place of business such as water heaters, plumbing fixtures, aluminum siding and electrical fixtures, etc., is the responsibility of the person or business which generates the material.
C. 
Residents only who generate toxic and hazardous materials may dispose of these materials at the public works garage between the hours of 7:30 a.m. to 3:30 p.m., Monday through Friday.
This article shall be known and may be cited as the "Haddon Heights Borough Recycling Program Ordinance."
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 municipality of Haddon Heights 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 Haddon Heights.
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 chapter, 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.
The collection of recyclable material shall be in the manner prescribed as follows:
A. 
All containers containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above any time after 4:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
B. 
All receptacles or dumpsters shall be maintained in a clean and safe manner.
The owner of any property shall be responsible for compliance with this chapter. 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.
A. 
All commercial and institutional generators of solid waste shall be required to comply with the provisions of this chapter.
B. 
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.
C. 
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.
D. 
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.
A. 
Any application to the Planning and Zoning Board of the Borough of Haddon Heights or 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:
(1) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development.
(2) 
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.
B. 
Prior to the issuance of a certificate of occupancy by the Borough of Haddon Heights 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.
C. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the JLUB engineer.
A. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
B. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this chapter and the local sanitary code.
C. 
Once placed in the location identified by this chapter, or any rules or regulations promulgated pursuant to this chapter, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
A debris recovery plan shall be filed with the municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
A. 
Approval: A debris recovery plan shall be reviewed by the municipal Recycling Coordinator, and approved if it provides for all of the information required by this chapter. An approved debris recovery plan shall be marked "approved" and returned to the owner of the entity which submitted the plan.
B. 
Denial: A debris recovery plan shall not be approved if it does not provide all of the information required by this chapter. If a debris recovery plan is not approved, the owner of the entity which submitted the plan, shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the municipal Recycling Coordinator.
A. 
Application: If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this chapter, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
B. 
Review: The municipal Recycling Coordinator shall review the information supplied by the owner. If wanted the municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
C. 
Granting of an adjustment: If the municipal Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
D. 
Denial of adjustment: If the municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this chapter, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
A. 
Documentation: Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
(1) 
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed;
(2) 
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project; and
(3) 
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
The municipal Recycling Coordinator shall review the information submitted pursuant to this chapter and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
The Certified Public Works Manager, the Code Enforcement Official, the Recycling Coordinator, the Zoning Enforcement Official, and the Camden County Department of Health are hereby individually and severally empowered to enforce the provisions of this chapter. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
A. 
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this chapter or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of not more than $2,000. Each day for which a violation of this chapter occurs shall be considered a separate offense. (Note: The Borough of Haddon Heights will enforce the provisions of 40:49-5 if and where necessary.)
B. 
Recycling related fines levied collected pursuant to the provisions of this chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal.