[Added 4-2-2018 by Ord.
No. 2018-843]
This section shall be known and may be cited as "An ordinance
concerning excavations and openings in the streets."
[Added 4-2-2018 by Ord.
No. 2018-843]
As used in this section:
Shall mean any excavation in, or displacement or impairment
of the surface of any road pavement, shoulder or other public place
within the right-of-way of any Township street, including but not
limited to street openings for the installation of sewer connections,
tunneling, boring or driving of pipe, or excavation within an earth
shoulder.
Shall mean any excavation for any purpose in the right-of-way
of a Township street which is not a major opening, and shall include
the construction or repair of a sidewalk, repair of an existing curb,
construction of a driveway curb opening or the installation of a house
leader drain to the curb.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
No person, firm or corporation shall make any excavation in or break
up or displace the surface of any street, highway or other public
place within the right-of-way of Township streets without first obtaining
a road opening permit from Township Engineer as hereinafter provided.
b.
No permit shall be issued for any road which has been constructed,
reconstructed or overlaid for a period of five years from the date
of completion of the construction work except in the event of an emergency
or upon approval of the Township Engineer where the five-year period
will create an undue hardship.
c.
An emergency shall be construed as a water main break, gas leak,
or sanitary sewer break, or any situation which may result in harm
to the public's health or damage to public or private property.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
Application for a permit shall be made at the office of the Township
Engineer by the applicant or his authorized agent.
b.
Application for a permit shall be made in writing of forms as prescribed
by the Township Engineer and filed at least two weeks prior to the
proposed commencement of any work.
c.
In the event of an emergency, the two-week filing limit may be waived
by the Township Engineer or his authorized representative and the
permit issued within a period of time as may be deemed appropriate.
d.
Plans, profiles, and other details necessary to accurately depict
the work to be performed shall be submitted with the application.
When application is made for a permit for a minor opening as herein
defined the Township Engineer may waive the requirements for submission
of plans. The applicant will be directly responsible for the performance
of the work, in accordance with the provisions of the permit and for
the health, safety, and welfare of the public.
f.
The applicant shall comply with all applicable statutes pertaining
to notification of any person or corporation owning or operating underground
and overhead utilities within the project area. The applicant shall
be solely responsible for ascertaining the location of all utilities
and for the repair of same if damaged as a result of work for which
the road opening permit is issued.
[Added 4-2-2018 by Ord.
No. 2018-843]
No permit for the street openings shall be issued until the
applicant therefore shall have first deposited with the Township Clerk
the fees hereinbelow stated.
b.
Maintenance Deposit Fee. Fees for street openings shall be computed
in accordance with the following unit prices for pavements or other
areas to be disturbed.
1.
Bituminous Pavement.
Fee for each square yard: $500 + $40/S.Y.
2.
Tunneling Under the Road.
Fee per linear foot of boring: $500 + $100/L.F.
3.
Opening in Earth Shoulder or in an Unpaved Street.
Fee for each square yard opened: $250 + $10/S.Y.
Concrete sidewalk for each square yard: $250 + $65/S.Y.
Curbing for each linear foot: $150 + $30/L.F.
c.
Fee for disturbance of Township facilities other than pavements,
shoulders, lawn areas, sidewalks, or curbing shall be determined by
the Township Engineer.
d.
Initial Inspection Fee Deposit: $500 or 25% of the Maintenance Deposit
Fee, whichever is greater.
|
Inspection fee shall be utilized to cover the municipal costs
of professional and non-professional services incurred during the
permit review and construction process. The Inspection Escrow Deposit
Fee is the initial deposit for these services. Once the deposit is
depleted to 20% of the original amount, it shall be replenished to
either its original amount, or to an amount sufficient to cover the
remaining work as determined by the Township Engineer.
|
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
No permit for street opening shall be issued by the Township Engineer
until the applicant therefor shall have placed on file with the Engineer
satisfactory evidence of public liability insurance in the amount
of not less than $500,000 for any one person and not less than $1,000,000
for any one accident and property damage insurance in the amount of
not less than $500,000 for one accident and not less than $1,000,000
in the aggregate.
b.
Such insurance must remain in force from the date of the permit until
the termination of the period of maintenance as hereinafter defined.
c.
In the case of the single-family home owner making application for
a permit for a street opening incidental to a structure used exclusively
as his private residence, evidence of insurance may be substituted
by an affidavit of liability by the owner.
d.
The applicant shall indemnify and save harmless the Township, its
officers and employees, from all suits, actions, or claims of any
character brought because of any injuries or damage received or sustained
by any person, persons, or property on account of the operations of
the applicant; or on account of or in consequence of any neglect in
safeguarding the work; or through use of unacceptable materials in
constructing the work; or because of any act of omission, neglect
or misconduct of the applicant.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
The permittee shall be responsible for the entire work and shall
keep every portion of the work, including the temporary pavement,
in perfect order and repair during the entire period of maintenance.
b.
The period of maintenance shall be considered as a period starting
at the issuance of the permit and extending a period of six months
after the date of final completion of the work to be done. Except
that in the event of the termination of the six-month period shall
fall within the months of December, January, February, March or April,
then and in that event the period of maintenance shall be considered
as extending until the May 1 next thereafter.
c.
The period of maintenance shall terminate on the date the Township
performs permanent pavement repairs, if such date is prior to the
time limit hereinabove established.
d.
In the event that the Township finds it necessary to make emergency
repairs during the period of maintenance, the cost of making such
emergency repairs shall be credited against the maintenance deposit
fee. If the repair costs exceed the deposit, the applicant shall deposit
with the Township Clerk, additional sums upon notice.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
The entire amount of the application fee shall be non-refundable,
retained by the Township to cover the cost of necessary clerical and
inspection services.
b.
The maintenance deposit fee less any costs incurred by the Township during progress of the work, will be released at the end of the period of maintenance as defined in § 12-1.7.
c.
The Township Engineer or his duly authorized representative shall
periodically inspect all road openings and the repair and resurfacing
thereof for the purpose of determining compliance with any conditions
imposed on the issuance of the permit. Failure to correct any deficiencies
found by the Township Engineer shall result in the forfeit of the
maintenance deposit.
[Added 4-2-2018 by Ord.
No. 2018-843]
It shall be the duty of the permittee to give notice of the
proposed street opening to any company whose pipes, conduits, or other
structures are laid in the portion of the street to be opened in compliance
with the notice requirements of the State's One-Call notification
system. The permittee shall, at his own expense, carefully support,
maintain in operation and protect from injury such pipes, conduits
or other structures. If any damage is caused to such structures the
permittee shall restore same, at his own expense, to as good a condition
as they were before the beginning of the work.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
The permittee shall properly guard the excavation by the erection
of suitable barricades and warnings as hereinafter specified and shall
arrange the work in such a manner as to cause a minimum of inconvenience
and delay to vehicular and pedestrian traffic. Unless otherwise authorized
by the Engineer the work shall be so arranged as to make possible
the complete removal of obstruction to traffic on Saturdays, Sundays
and holidays.
b.
Warning flags and suitably lighted amber lights shall be provided
and watchmen shall be provided if so ordered by the Engineer and in
accordance with his directions.
c.
Where the free flow of traffic is interfered with, the permittee
shall furnish a traffic control plan to the Township for review and
approval by the Township Engineer and Police Department. Traffic Control
shall be in conformance with NJDOT Standard Specifications and the
Manual of Uniform Traffic Control Devices (MUTCD). The permitee shall
furnish competent persons to direct and expedite traffic. Construction
signage shall be installed 24 hours in advance of a multiday construction
project and arrangements made with the Township Engineer and/or his/her
representative to inspect same before construction begins.
d.
Unless otherwise authorized by the Engineer, vehicular traffic shall
be maintained at all times during the progress of the work. On paved
streets at least a nine-foot width of the pavement shall be open and
unobstructed at all times.
e.
No Township road shall be closed to traffic without the prior consent
of the Township Committee. The applicant shall first obtain the consent
of the Township Committee and submit detour plans approved by them
with application for a permit.
[Added 4-2-2018 by Ord.
No. 2018-843]
Nothing in this section shall be construed as requiring the
issuance of a permit for the performance of any work done under a
contract with the Township.
[Added 4-2-2018 by Ord.
No. 2018-843]
The provisions of this section shall not apply when special
permission is granted by action of the Township Committee for property
owners to construct sewers or to perform street improvement work at
their own cost and expense.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
The use of power excavating equipment is prohibited within the pavement
limits until each edge of the trench has been cut through the entire
thickness of the pavement to even uniform line.
b.
The maximum width of any trench for sewer or utility connection shall
be as follows:
|
Pipe Diameter
|
Maximum Trench Width
|
|---|---|
|
4"
|
24"
|
|
8"
|
30"
|
|
10"
|
30"
|
|
12"
|
30"
|
|
18"
|
36"
|
|
24"
|
42"
|
|
27"
|
48"
|
|
30"
|
54"
|
|
36"
|
60"
|
c.
Excavated material shall be stored in neat piles, in places as to
cause the least inconvenience with the use of the roadway or sidewalk.
If so ordered by the Engineer, such excavated material shall be promptly
removed from the site of the work.
d.
Special permission may be granted for tunneling under a pavement
of concrete or one having a concrete base in which case, the tunnel
shall be refilled with 1:3:6 concrete well tamped in place.
e.
Unless otherwise authorized the work of passing under sidewalks and
curbing shall be done by tunneling and refilling as provided under
paragraph d.
[Added 4-2-2018 by Ord.
No. 2018-843]
a.
As soon as the pipe or structures are in place and any required inspection
has been made, the excavation shall be backfilled.
b.
Backfill material shall meet the requirements of Soil Aggregate Type
I-5 or Dense Graded Aggregate Base Course or approved equivalent.
Backfill materials shall be deposited in layers and thoroughly compacted
with mechanical rammers of a type satisfactory to the Engineer. At
no time shall the thickness of each layer exceed 12 inches. The material
excavated from the trench opening shall not be used as backfill unless
specifically permitted by the Township Engineer or his authorized
representatives.
c.
When the trench is brought to grade, all surplus material shall be
immediately removed by the permittee.
d.
For openings in a bituminous paved roadway, the trench backfill shall
be compacted to a level seven inches below the top of the adjacent
paved surface. All pavement surfaces adjacent to the trench shall
be tack coated. A base course consisting of seven inches, compacted
thickness, of HMA 16M64 shall then be installed in two lifts flush
with the top of the existing surface course. The trench shall remain
in this temporary condition a period of six months. At the terminus
of the six-month period, an inspection shall be performed by the Township
Engineer to confirm no settlement has occurred. Areas of settlement
shall be removed and replaced. Once approved by the Township Engineer,
the existing surface course shall be saw cut six inches outside of
the trench width on both sides to allow an overlap of the surface
course beyond the trench width. The final trench shall be milled two
inches thick and overlaid with two inches HMA 9.5M64, constructed
level with adjacent pavement surfaces.
e.
Where the trench width to be milled exceeds 50% of the half-road
width, then the entire half-road width shall be milled two inches
and overlaid. When the trench width exceeds 50% of the entire road
width, then the entire road width shall be milled two inches and overlaid.
In the event of an entire road mill and overlay, the permittee shall
replace all drainage castings to comply with the Township's stormwater
general permit requirement from the NJDEP.
f.
All pavement markings damaged shall be replaced.
g.
Where openings are made in unpaved shoulder areas, the trench backfill
shall be compacted to a level six inches below the top of the adjacent
shoulder surfaces. A six-inch compacted depth of Dense Graded Aggregate
Base Course shall then be constructed.
h.
All openings beyond the shoulder areas shall be brought to grade
with compacted backfill. A minimum thickness of four inches of topsoil
shall be spread in the trench area; fertilized, seeded, and mulched
or sodded. Should a proper growth not be achieved, the area shall
be fertilized, reseeded and mulched or sodded as necessary.
i.
The trench opening shall be backfilled and paved with temporary or
permanent pavement by the end of each working day.
[Added 4-2-2018 by Ord.
No. 2018-843]
Immediately after backfilling the excavation the permittee shall
repair any pavement disturbed with a temporary surface consisting
of not less than two inches of HMA9.5M64.
[Added 4-2-2018 by Ord.
No. 2018-843]
Small pipes or conduits may be driven beneath pavements in such
a manner that the surface shall not be disturbed or injured and provided
that:
a.
In the event of damage to a pavement or subsurface pipe or structure
caused by driving such pipe or conduit, the permittee shall repair
and make good the damage at the permittee's own expense.
b.
Driving of pipes shall be prohibited at locations where there is
existing underground construction of existing underground utilities.
[Added 4-2-2018 by Ord.
No. 2018-843]
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction of same be subject
to a fine of up to $2,000 for each offense and in addition thereto
shall be subject to a fine of up to $2,000 per day from the date of
such violation until such time as the violation has been corrected.
[Added 4-2-2018 by Ord.
No. 2018-843]
All new streets shall be constructed in accordance with the
NJ Residential Site Improvement Standards (N.J.A.C. 5:21-1).
[Added 4-2-2018 by Ord.
No. 2018-843]
No street shall hereafter be accepted by the Township Committee
unless application therefor shall be made to the Township Committee
showing the location and dimensions of same and the name and address
of the applicant.
[Added 4-2-2018 by Ord.
No. 2018-843]
The Township Engineer or his/her authorized representative shall
periodically inspect all road openings and the repair and resurfacing
thereof for the purpose of determining compliance with any condition
imposed on the issuance of the permit and compliance with this section.
The Township Engineer may:
a.
Order a temporary stop to any road opening and order that the applicant
perform or correct specific work in accordance with the decision of
the Township Engineer.
b.
Order a stop to any work and revoke the permit in which event the
Township Engineer shall complete or cause to be completed any work
necessary to restore the road.
c.
Correct or cause to be corrected any work, after notification to
the applicant by the Township Police or Township Engineer and the
neglect or refusal of the applicant to make corrections as indicated.
d.
Correct or cause to be corrected, any work should the Township Police
or Township Engineer be unable to contact the applicant or any of
the applicant's representatives whose phone numbers appear on
the permit application.
e.
Take any other actions deemed reasonable under the circumstances.
[Added 4-2-2018 by Ord.
No. 2018-843]
No street shall hereafter be accepted by the Township Committee
unless the same is constructed in accordance with the NJ Residential
Site Improvement Standards (N.J.A.C. 5:21-1) and upon favorable recommendation
by the Township Engineer.
[Added 4-2-2018 by Ord.
No. 2018-843]
No street or other open space for travel by vehicle or otherwise,
shall hereafter be accepted by the Township unless prior to acceptance
there has been established at each of the intersections of the street
or other open space which the street or other open space shall cross,
a sign, clearly setting forth the name of such street and erected
in accordance with the following specifications:
a.
Signs shall be of all aluminum corrosion resisting alloy. Signs shall
completely assemble and lock to any required street angle without
use of nuts and bolts.
b.
Signs shall conform to the minimum recommendations of the Manual
of Uniform Traffic Control Devices. Black lettering on white background
with Township Logo.
c.
Signs shall be mounted on round galvanized posts, not less than 2 3/8
inch outside diameter and 10 feet in length and not less than two
feet six inches in the ground in a concrete base.
[Added 4-2-2018 by Ord.
No. 2018-843]
No street shall hereafter be reconstructed, repaired or otherwise
altered in any manner without the permission of the Township Committee
by proper resolution therefor, duly adopted by the Township Committee.
[Added 4-2-2018 by Ord.
No. 2018-843]
Nothing herein shall be deemed to repeal or be in conflict with
any provisions of the Land Development Ordinance of this Township,
but the provisions of this section shall apply where, for any reason,
no subdivision is involved.
[Prior ordinance history includes portions of 1973 Code § 9:8-10]
[Ord. No. 2005-708]
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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean the Township Committee, except for applications
for development, the approving authority shall be the Planning Board
of the Township of Green Brook or the Zoning Board of Adjustment.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Green Brook, unless
that discharge is authorized under a NJPDES permit other than the
Tier A Municipal Stormwater General Permit (NJPDES Permit No. NJ0141852).
Non-physical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 301(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Township of Green Brook or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchanges, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water that, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-708]
a.
It shall be unlawful for any person to hereafter erect, construct,
or install a drainage ditch, culvert, drainpipe, bridge or any other
type of drainage structure or obstruction affecting the drainage of
any premises in the Township of Green Brook without first obtaining
permission therefor from the Approving Authority.
b.
Applications for such permission shall be submitted to the Township
Clerk, or to the Clerk of the Planning and Zoning Board for applications
for development, in writing, and shall include the following:
1.
A current survey of the property with the location of all present
or proposed ditches, streams, brooks, pipes, and/or drainage structures.
2.
Elevations based on New Jersey Vertical Datum.
3.
Seven sets of plans of the proposed drainage work and supporting
calculations prepared by a licensed professional engineer in the State
of New Jersey. The plan must include the specific location of any
and all drainage structures and improvements proposed to become part
of the drainage system under the control of the Township or any municipal,
County, State, or Federal governmental agency.
4.
Payment of appropriate fees.
c.
The application hereunder shall be immediately referred to the Township
Engineer, or other authority designated by the Township Committee.
The application and site plan shall be examined by such engineer or
other authority for its compliance with the rules and regulations
of the Township and shall either approve, disapprove, or tentatively
disapprove said application. Applications shall be considered and
reviewed by the Township Engineer or other authority within a reasonable
time commensurate with the degree of study required and the scope
of the project. For applications for development, the Township Engineer
or other authority shall make a report to the Planning or Zoning Board
according to the same schedule as engineering recommendations made
to such Planning or Zoning Board in connection with other phases of
such development.
d.
In any case where the approval or recommendation of the Somerset
County Planning Board, or the New Jersey Department of Environmental
Protection, or the New Jersey Department of Transportation, or the
Somerset-Union Soil Conservation District is required, the Township
Committee may grant a conditional approval subject to the approval
of any or all of the governmental agencies.
e.
In passing upon applications under this section, the Approving Authority
may require:
1.
That all drainage structures which drain water off the premises of
the applicant shall be extended and tied into storm drains, ditches,
or other existing public owned or controlled drainage for the area;
2.
That the public owned or controlled drainage into which the water
off the premises of the applicant shall be extended shall be adequate
to take the additional waters resulting from the applicant's
additional discharge;
3.
That the pipe or structure be of sufficient size, proper grade, taking
into consideration the size of the area to be drained;
4.
That all standards in this section are complied with and the drainage
structure meets good construction and engineering practice.
[Ord. No. 2005-708]
All drainage ditches, culverts, drains, pipes and drainage structures
shall be kept open and free flowing at all times and it shall be unlawful
for any person to throw or place any debris or material of any manner
whatsoever, or to cause such to be thrown or placed into any drainage
ditch or drainage structure, or to permit, suffer, or allow such to
be thrown, placed, or to find its way into any drainage ditch or drainage
structure under the control of the Township, or any municipal, County,
State, or Federal governmental agency, or into any drainage ditch
or drainage structure carrying surface or ground waters from property
of any other person.
[Ord. No. 2005-708]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Green Brook and domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. No. 2005-708]
No person shall spill, dump, or dispose of materials other than
stormwater to the municipal separate storm sewer system operated by
the Township of Green Brook. The spilling, dumping, or disposal of
materials other than stormwater in such a manner as to cause the discharge
of pollutants to the municipal separate storm sewer system is also
prohibited.
The following are excluded from this prohibition:
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g. infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground water)
c.
Air conditioning condensate (excluding contact and non-contact cooling
water)
d.
Irrigation water (including landscape and lawn watering runoff)
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway, and street wash water.
h.
Flows from firefighting activity.
i.
Flows from rinsing of equipment used in the application of salt and
de-icing materials immediately following salt and de-icing material
application. Prior to rinsing with clean water, all residual salt
and de-icing materials must be removed from equipment and vehicles
to the maximum extent practicable using dry cleaning methods (e.g.
shoveling and sweeping). Recovered materials are to be returned to
storage for reuse or properly discarded. Rinsing of equipment is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. No. 2005-708]
It shall be unlawful for any person to:
a.
Place or store, fill, topsoil, or any other materials in such manner
that the same will be, or will likely be, drained, washed or eroded
into any drainage ditch, drainage structure, brook or stream.
b.
Excavate, or otherwise change the grade of any lands within the Township,
whether in connection with construction of a building or structure
or otherwise, or to make cuts into the side or grade of any slope
or mountain, or in any manner change the topography of the lands,
in such manner than any soil, earth, trees, branches, leaves, rocks
or any other debris or material of any manner whatsoever, is drained,
washed or eroded into any drainage ditch or drainage structure, brook,
or stream.
c.
Break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the drainage or stormwater
sewer system under the jurisdiction or control of the Township, or
any municipal, County, State or Federal governmental agency.
[Ord. No. 2005-708]
Whenever a violation of this section shall have caused damages
to any drainage structure or drainage ditch under the control of the
Township, or shall have blocked the same or caused the same to require
cleaning, or shall otherwise necessitate the expenditure of public
funds to correct the results of such violation or violations of this
section as aforesaid, all persons that shall have participated in
such violation shall be liable to the Township, jointly and severally,
for the total costs so incurred by the Township in correcting the
results and/or repairing the damages so resulting.
a.
The total costs of such work, including by way of illustration and
not by way of limitation, all costs of labor and materials, engineering,
legal work, advertising, delivery and posting of notices, replacement
of damaged property, and all other costs incurred by reason of such
damages, shall be certified to the Township Committee by the Township
Engineer or other person having authority over or supervision of the
work required.
b.
The Township Committee, if satisfied as to the correctness of such
costs, shall send the same in the form of a bill to the person or
persons responsible thereof.
c.
Upon receipt of the bill, the person so held responsible shall have
a period of 10 days in which to request a hearing before the Township
Committee on their responsibility, or on the amount of any such bill
or the charges set forth therein.
d.
If no such hearing is requested, the same shall be held by the Township
Committee and full opportunity shall be given to the person requesting
the same to be heard concerning the determination of responsibility
and/or the costs involved.
e.
If a hearing is requested, the same shall be held by the Township
Committee and full opportunity shall be given to the person requesting
the same to be heard concerning the determination of responsibility
and/or the costs involved.
f.
If, as a result of the hearing, costs are levied against such person,
the same shall be paid within 30 days after notification thereof.
g.
If the amount of the costs are not paid within the 30 days specified
under paragraph d above, or within the 30 days specified under paragraph
f above whichever may be applicable, the statement of costs shall
be filed with the Municipal Tax Collector and he shall proceed to
add the same to the amount of taxes next due on the premises and same
shall be and become a lien on the real property in the same manner
as general taxes are levied on the property, and all remedies with
respect to collection and enforcement of tax liens shall apply thereto.
h.
In lieu of the procedures set forth in paragraphs a through g, both
inclusive, of this subsection, or in any case deemed advisable by
the Township Committee, the Township Committee may institute an action
at law to recover costs incurred by it in the correction of the damages
resulting from any violation of this section including the expenses
and expenditures set forth in paragraph a above, from any person who
shall have caused or allowed such violation, or from any owner, tenant
or occupant of premises who after notice to abate a condition likely
to cause damages to or obstructions of or in the drainage system of
the Township, has failed to do so, and thereafter such damages or
obstructions occur resulting in the expenditure of public funds in
correction thereof.
i.
The remedies and procedures set forth in this subsection shall be
in addition to, and not in substitution of, the penalties for violation
of this section set forth in subsection 12-4.15 herein.
[Ord. No. 2005-708]
Construction of drainage structures, or the changing or diversion
of surface and/or ground waters within a given property may result
in additional drainage in ditches or drainage systems off or outside
of the given property. One of the purposes of this section is to insure
that the drainage waters off the premises of the applicant shall enter
facilities adequate to accommodate such additional waters. In any
case where such off- premises facilities are not adequate to accommodate
the additional waters from the site of the applicant, provisions shall
be made to extend or enlarge or create public controlled drainage
facilities before any work shall be commenced upon the premises of
the applicant, as more particularly set forth in this subsection.
a.
Where the need for such additional or enlarged off-premises facilities is occasioned by the needs of the applicant, and it does not appear that such new or enlarged facilities will be of special benefit to other property owners, and that the costs of such additional or enlarged facilities will not be an unreasonable burden upon the applicant if borne solely by the applicant in the light of the relationship of such costs to the entire project of the applicant, then the Approving Authority may require, as a condition of approval of a permit under subsection 12-4.2, that the applicant complete such off-premises drainage work so that the public controlled drainage facilities into which the applicant water will be diverted will be adequate for the purposes of receiving same and conveying the same to other adequate drainage facilities. All such work shall be done in accordance with the same standards governing drainage facilities and storm water sewage systems as set forth in the Land Development Ordinance of the Township, whether or not the application is part of a development application.
b.
Where the need for such additional or enlarged off-premises drainage
facilities do not come within paragraph a of this subsection, and
particularly where the additional or enlarged facilities would specially
benefit other properties in the area, or would otherwise be required
to be made as a local improvement by the Township, with the costs
thereof to be assessed against all properties (including the property
of applicant) specially benefited thereby, then the provisions of
this paragraph shall apply, to wit:
1.
The Township Engineer, or other authority retained by the Township
Committee for such purpose, shall determine the nature of the additional
or enlarged drainage facilities required, or likely to be required,
in the area, including:
2.
The Engineer, or other authority shall determine the total costs
of such estimated work, including all costs which would be included
in any local improvement ordinance which the Township would be authorized
to adopt for the project, to wit, construction costs, engineering,
costs of any easement or right-of-way acquisition, legal and advertising
costs, contingencies, and bonding and assessment costs.
3.
The Engineer, or other authority, shall further determine, from the
nature of the area, and the nature of the work and estimated costs,
the anticipated amount that the lands of the applicant would be expected
to be assessed under local improvement procedures pursuant to N.J.S.A.
40:56-21, et seq., as the same may be amended and supplemented.
4.
The amount determined by the Engineer or other authority, pursuant
to paragraph b, 3 above, shall be reported to the Approving Authority,
which shall then establish the amount of such other amount as the
Approving Authority shall determine, as the estimated share of the
applicant in the costs of such off-premises drainage facilities.
5.
The amount so determined by the Township Committee shall be deposited
by the applicant with the Township Treasurer prior to beginning any
work on-premises pursuant to any permit issued under this section.
6.
Such deposit shall be made concurrent with an agreement by the applicant
and the Township concerning the uses of same, which shall include
the following stipulations:
(a)
That the funds shall be used by the Township solely for the
construction of such drainage facilities as specified in the agreement
and the other expenses incidental thereto as more particularly set
forth in paragraph b, 2 above, and the acquisition of any easements
or rights-of-way in connection therewith;
(b)
That such deposits may be appropriated by the Township, with
other funds of the Township, toward the accomplishment of such purposes,
and in that connection may be commingled with such other funds so
appropriated, and may be expended by the Township in connection with
such purposes;
(c)
That if such deposit is not used by the Township within a specified
time agreed upon with the applicant, that the funds shall be returned
to the applicant;
(d)
That upon completion of the work by the Township or its contractors,
the properties specially benefited by such improvement shall be assessed
as provided by law, including the property of applicant;
(e)
That such deposit of applicant shall be credited against the
assessment made upon applicant's property (whether or not applicant
is then the owner thereof), and that if such deposit shall have been
less than the amount ultimately assessed and confirmed against such
property, then the owner or owners of the property shall pay the difference
between the deposit and such assessment, or if the deposit shall exceed
the amount so assessed and confirmed, the excess shall be refunded
to the applicant, without interest.
c.
Where the need for such additional or enlarged off-premises drainage
facilities do not come within paragraph a of this subsection, but
would come under paragraph b hereof, but the Township is not in a
position to advance other Township funds toward such drainage facilities
at the time same would be required by applicant's proposed schedule,
either by reason of the amount of such required Township advancement
(against what would ultimately be returned to the Township from the
assessment of the other properties specially benefited thereby), or
by the lack of other capital funds available for such appropriation,
or by the reason of the existence of more pressing priority items
requiring such Township funds, then the Township shall offer the applicant
provided the application would in all other respects be approved,
the following alternatives:
1.
That the application be denied, without prejudice to re-application
at such time as the Township may be in a position to advance such
other funds; or
2.
The following:
(a)
That the applicant deposit with the Township Treasurer, in the
same manner as set forth in paragraph b, 5 hereof, the total and entire
costs estimated to be required for all such work, as determined by
the Township Engineer pursuant to paragraph b, 2. hereof.
(b)
Concurrent with the deposit there shall be an agreement by the
applicant and the Township, which shall include the basic stipulations
set forth in paragraph b, 6 hereof, with the modifications that it
is understood that the deposit by the applicant will constitute all
or substantially all of the initial funds required to be appropriated
for such improvements; and that, upon completion of the improvements
and assessments thereof to the properties specially benefited thereby,
the deposit shall apply first against the assessment confirmed against
applicant's property (whether or not applicant is then owner
thereof); that the excess of the deposit above the amount assessed
against applicant's property shall be refunded by the Township
in payments of the assessments on the other properties specially benefited
an assessed for the improvements, the assessments to be payable over
a period not to exceed 10 years from the date of confirmation thereof,
but to be refundable to applicants as received, in the proportion
such receipts by the Township bear to the total amount to be refunded.
[Ord. No. 2005-708]
All work or improvements made pursuant to a permit under subsection
12.4-2, and all improvements made by an applicant to existing Township
drainage facilities pursuant to subsection 12.4-8, shall be made and
installed under the supervision and inspection of the Township Engineer,
the cost thereof to be borne by the applicant. The costs of such supervision
and inspection by the Township Engineer shall be estimated at 5% of
the total cost of the improvement, and such amount in cash or by certified
check shall be deposited with the Township Clerk before the commencement
of any work. If the deposit shall be insufficient, any additional
supervision and inspection costs shall be paid by the applicant before
the improvement is accepted by the Township. Any balance from the
deposit, after supervision and inspection costs have been deducted
therefrom, shall be refunded to the developer. The Township Engineer
shall be notified at least 48 hours prior to the start of construction
and no underground installation shall be covered until inspected and
approved by the Township Engineer.
Whenever any such work is being undertaken in connection with
a development application, and inspection fees are posted pursuant
to the Land Development Ordinance of the Township, the fees required
herein may be included with and be paid at the same time as those
included in and paid with the deposit under the Land Development Ordinance.
This subsection shall not apply to any improvements constructed
under the jurisdiction of any other governmental agency where the
applicant is required to pay inspection and supervision fees to the
other governmental agency.
[Ord. No. 2005-708]
No final approval of a permit shall be granted under subsection
12.4-2, and no work on any existing Township drainage facilities shall
be undertaken by any applicant under subsection 12.4-8, unless the
applicant shall have filed with the Township the performance guarantees
herein required, sufficient in amount to cover the costs of all such
improvements or uncompleted portions thereof as estimated by the Township
Engineer, and assuring the satisfactory completion of all such work
on or before an agreed or stipulated date.
10% of the total estimated cost of all such improvements shall
be deposited in cash or equivalent with the Township Treasurer, conditioned
upon the proper and complete furnishing and installation of all improvements
required under subsection 12.4-2 and/or 12.4-8. Such deposit or any
portion thereof in an amount as certified by the Township Engineer
and approved by the Township Committee may be expended by the Township
if the applicant shall fail within 30 days after written notice from
the Engineer to provide a stated improvement which is deemed necessary
or appropriate and in the public interest. The Township shall be obligated
to return only the unexpended portion of the hereinbefore described
deposit to the applicant upon the completion of all required improvements.
The balance of the performance guarantee may be in the form
of a performance bond which shall be issued by a bonding or surety
company approved by the Township Committee; a certified check or cash
deposit or any other type of surety acceptable to the Township Committee
and approved as to form by the Township Attorney.
Whenever any such work is being undertaken in connection with
a development, and a performance guarantee is posted pursuant to the
Land Development Ordinance, the guarantees required herein may be
included with and be deposited with the guarantees deposited and posted
under the Land Development Ordinance.
[Ord. No. 2005-708]
Whenever drainage improvements are to be made on any private
property which, by reason of serving to rechannel or otherwise dispose
of drainage or surface waters from other properties, are to become
part of the drainage or storm sewer system of the Township, and same,
upon acceptance by the Township, are to be maintained by the Township,
the applicant shall grant to the Township an easement or right-of-way
defining the drainage rights and obligations of the applicant, and
subsequent owners of the property, and the Township with reference
thereto. Such easements or right-of-way and maintenance agreement
shall be in form approved by the Township Attorney, and shall be subject
to formal approval by resolution of the Township Committee prior to
acceptance of such drainage facilities into the control of the Township.
[Ord. No. 2005-708]
The issuance of any permit or approval under this section shall
not constitute or be construed as a guarantee that the drainage system
or improvements will function satisfactorily, nor shall it in any
way restrict the powers or responsibilities of the Township or the
Board of Health of the Township in the enforcement of any law or ordinance
relating to public health, safety, or welfare. In the event actual
experience following any construction or drainage changes made on
any property shall prove to be inadequate to solve the drainage problems
sought to be alleviated, or shall prove to cause damages to other
property, additional improvements or changes may be required of the
owner of the property or of the person or body having jurisdiction
of the particular drainage system.
[Ord. No. 2005-708]
Nothing herein shall be deemed to repeal any other ordinance
of the Township, or the Board of Health of the Township, relating,
by way of illustration and not by way of limitation, to soil removal,
excavation and stockpiling, the changing of grades, the cutting or
removal of trees, the discharge of wastes or sewage or the creation
or maintenance of any nuisance, and it is specifically understood
that where the provisions of this section impose greater restrictions
than those of any statute, other ordinance, or regulation, the provisions
of this section shall be controlling where the provisions of any statute,
other ordinance or regulation impose greater restrictions than this
section, the provisions of such statute, other ordinance or regulation
shall be controlling.
[Ord. No. 2005-708]
[Ord. No. 2005-708]
Any person who violates any provision of this section shall, upon conviction thereof, be punished in accordance with Section 1-5, General Penalty of the Township of Green Brook Revised General Ordinances, as amended, supplemented or revised.
[Ord. 5-12-88 § 1]
The preparation of the tax maps of the Township shall include
a system for the assignment of street numbers for all properties within
the Township.
[Ord. 5-12-88 § 1]
Upon revision of the tax maps to include new streets, the Township
Committee may by resolution, request notices to be sent by the Tax
Assessor or the Township Engineer to all landowners on the streets
or parts of the streets affected. The notice may be served personally
or by mail. It shall contain the tax map block and lot number of the
property and the number assigned to it, and shall state that the owner
is required within 90 days to place the number assigned thereto on
display on or in front of any building erected on the premises or
at the driveway entrance if the building is not readily visible from
the abutting street.
[Ord. 5-12-88 § 1]
The numbers required to be displayed by this section shall be
Arabic numbers of such size and so located as to be clearly visible
to persons passing the building or driveway on the abutting street.
[Prior ordinance history includes portions of 1973 Code §§ 8:6-1,
8:6-2; Ordinance Nos. 7-14-88, 7-9-92.]
[Ord. 98-635 § 12-6.1]
The purpose of this section is to regulate and control the collection
of solid wastes within the Township of Green Brook.
[Ord. 98-635 § 12-6.2]
No person shall engage in the business of solid waste collection
or disposal in the Township without first complying with the requirements
of the "Solid Waste Utility Control Act of 1970," N.J.S.A. 48:13A-1
et seq., as the same may be amended or supplemented; and N.J.A.C.
7:26-1 et seq., as the same may be amended or supplemented.
[Ord. 98-635 § 12-6.3]
As used in this section:
Shall mean washing machines, clothes dryers, refrigerators,
dishwashers, water heaters, and related bulky items made of metal.
Shall mean the residue from fires used for cooking foods
and heating fires within residential units.
Shall mean any large, heavy and/or bulky household furniture
not made of metal which cannot easily and safely be placed in the
common collection containers and vehicles used for removal of solid
waste within the Township.
Shall mean a business establishment conducting a service,
trade or commerce, whether for pecuniary profit or not.
Shall mean any scrap lumber, metal, earth, sand, bricks,
stone, plaster, roofing and siding material and other debris of similar
nature which accumulates and is incidental to the construction or
renovation of homes, building, public works or other projects.
Shall mean and include only single family house, multi-family
house, apartment, condominium or townhouse units or other living units.
Shall mean any putrescible animal or vegetable waste solids
resulting from the handling, preparation, cooking or consumption of
foods.
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 days observed by the solid waste collector. These
days are: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day.
Shall mean and include newspapers, periodicals, cardboard,
office stationery and computer/copy paper, and all other waste paper.
Excluded from solid waste collection include glass bottles
and jars, aluminum and tin bimetal cans, PETE and HDPE plastic containers;
all paper; corrugated cardboard; clean rags and old clothes; leaves,
grass clippings, branches; household appliances made of metal.
Shall mean non-recyclable, non-putrescible waste or residue
produced as a byproduct of the activities of daily living.
Shall mean a dwelling unit used for residential purposes.
Shall mean and include soiled rags, leather, rubber, carpets,
wood, sawdust, small appliances such as toasters and lamps and other
combustible solids not of a highly volatile or explosive nature, metals,
metal shavings, crockery and other similar materials resulting from
building construction or alteration work, exclusive of yard dirt,
earth, sand, or tree stumps.
Shall mean and include any and all garbage, rubbish, refuse,
ashes and wastes from building construction or alteration; excluding
hazardous or recyclable materials.
Shall mean a person or firm for hire, properly licensed in
the State of New Jersey for the purpose of collection of solid waste
and solid waste materials.
Shall mean discarded rubber tires originally used on vehicle
wheels.
[Ord. 98-635 § 12-6.4]
a.
Every user placing solid waste herein defined, for collection from
residential and commercial properties situate within the Township
of Green Brook shall be subject to the rules and regulations set forth
in this section.
b.
Disposal of solid waste shall be the responsibility of the property
owner or his agent, or the tenant upon such property by written agreement
with the property owner. Except in situations where a group of residential
users, businesses or other commercial enterprises have contracted
for common solid waste disposal, or the same is provided for a group
by a homeowners' or condominium association, or landlord, in
a manner acceptable to the solid waste contractor, each residence,
business, commercial and industrial use shall arrange for its own
solid waste disposal. Except as aforestated, no person shall dispose
of solid waste on the premises of another, or by use of a receptacle
of any nature on the premises of another.
c.
The Township shall not be responsible to furnish collection vehicles,
personnel, containers, or service to remove and dispose of solid waste,
except as generated by its own municipal activities.
[Ord. 98-635 § 12-6.5; Ord. No. 2007-728]
a.
Containers shall be provided by the owner, tenant, lessee or occupant
of the premises. Refuse containers shall be galvanized or of rigid
plastic composition, with a secure lid or cover impervious to wind
or animal intrusion. Containers shall be maintained in a clean, safe
and good condition, so as to prevent leakage of solid or liquid waste.
Containers for individual dwelling units shall not exceed 40 gallons
in capacity. Containers for multiple dwelling units, or commercial
properties, shall be sized and located in conformance with applicable
zoning, or site plan approved by the Planning Board. All garbage,
refuse, rubbish, and ashes must be placed within an approved container
before being set out for disposal.
b.
Collection from individual dwelling units shall be made at ground
level from the curbside; or, at the discretion of the individual property
owner with consent of the solid waste contractor, from the rear or
side of the main building. Receptacles shall not be placed at curbside
before 6:00 p.m. the evening prior to the scheduled collection day,
and shall remain at curbside no later than 10:00 p.m. on the day of
collection. No person shall place any solid waste container in any
street or highway, or so as to obstruct a pedestrian walkway.
c.
It shall be the obligation of the user to place solid waste in such
quantity and in such a manner as not to create a public health nuisance
or safety hazard.
d.
If a container of solid waste is upset or overturned other than by
the solid waste hauler in process of collection, the property owner,
tenant or other person placing the solid waste for collection shall
promptly clean up such spill of solid waste and restore it to a suitable
container as defined hereinbefore.
e.
No person shall prevent or interfere with an authorized solid waste
contractor engaged in the discharge of his duties.
f.
Vehicles used for solid waste collection shall be of the closed compacting
type and shall be constructed and loaded in such fashion that no part
of the contents shall fall, leak or spill therefrom. Any solid waste
collector who shall spill or scatter any solid waste collected by
him on either public or private property shall immediately collect
such refuse for disposal, and the area shall be immediately broom-cleaned
so as to leave the premises or street in a clean condition.
g.
All persons engaging in the business of solid waste collection in
the Township shall comply with State laws, the ordinances of the Township,
and the rules, regulations and orders of the local and State Boards
of Health. Where a State law or applicable rule, regulation, ordinance
or order of the local or State Board of Health is more restrictive
or stringent than the regulations contained in this section, such
more restrictive or stringent rule, regulation, ordinance or order
shall control.
h.
There shall be no solid waste collection by any collector prior to
6:00 a.m. nor after 10:00 p.m. on any day of the week, including Saturday
and Sunday.
[Ord. 98-635 § 12-6.6]
No person in this Township shall permit any solid waste originating
from outside the boundaries of the Township to be disposed of from
property in the Township.
[Ord. 98-635 § 12-6.7]
Residents may dispose of large household appliances from curbside
by obtaining a permit for each item from the office of the Township
Clerk for a fee of $2 per item.
[Ord. 98-635 § 12-6.8]
Annually, the Township will collect Type 13 Bulky Waste and
Construction Debris from each household. Persons disposing of bulky
waste items at other times shall make arrangements with their contracted
solid waste hauler and pay the required fee.
[Ord. 98-635 § 12-6.9; Ord. No. 2007-728]
a.
Any person violating any provision of this section shall be subject
to a fine not exceeding $1,500 or imprisonment in the County Jail
for a term not exceeding 30 days, or both. However, where the penalty
for such offense may be limited by a State Statute, then such limitation
shall be applicable notwithstanding the provisions of this section.
b.
Each and every violation of this section or each and every day that
any provision of this section shall be violated shall be construed
as a separate and distinct violation thereof.
[Ord. 98-635 § 12-6.10]
This section shall be enforced by the Township Code Enforcement
Officer, the Health Officer, or any Township Police Officer, and any
of their authorized representatives.
[Ord. 11-13-86 § 1]
As used in this section:
Shall mean and include leaves of all types, twigs and branches,
whether fallen or cut, grass, plant clippings, and all manner of other
vegetation and like products.
Shall mean and include any owner, tenant, lessee or occupant
of any residential, commercial or institutional property in the Township.
Shall mean and include all garbage, rubbish and household waste, not classified as recyclable (For provisions requiring separation of recyclable materials from solid waste, see Section 12-9 of this chapter) by any other ordinance of this Township or by any resolution of the County of Somerset.
Shall mean a petroleum based or synthetic oil which is used
in an internal combustion engine as an engine lubricant, or as a product
used for lubricating transmissions, gears or axles, which through
use, storage or handling has become unsuitable for its original purpose
due to the presence of chemical or physical impurities or loss of
original properties.
[Ord. 11-13-86 § 2]
Used oil, as defined herein, shall be disposed of only in accordance
with the "Used Oil Recycling Regulations" of the State of New Jersey,
N.J.A.C. 14A:3-11.1 et seq., as the same now exist or as they may
hereafter be amended and supplemented. No person in the Township shall
dispose of used oil or attempt to dispose of the same, with his solid
waste disposal, or into any solid waste collection system.
[Ord. 11-13-86 § 3]
No person in the Township shall dispose of leaves, grass, twigs
or other such materials with his solid waste disposal, or into any
solid waste collection system.
[Prior ordinance history includes portions of Ordinance 6-12-75.]
[Ord. No. 2005-706]
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 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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Shall mean leaves, grass clippings, and branch trimmings.
[Ord. No. 2005-706]
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized 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.
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
or said party shall be deemed in violation of this section.
[Ord. No. 2005-706]
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Ord. No. 2005-706]
The provisions of this section shall be enforced by the Green
Brook Police Department, the Board of Health, or the Township Zoning
Officer.
[Ord. No. 2005-706]
Any person who violates any provision of this section shall, upon conviction thereof, be punished in accordance with Section 1-5, General Penalty of the Township of Green Brook Revised General Ordinances, as amended, supplemented or revised.
[Ord. 8-14-86 § 1; Ord. 6-14-90 § 1]
Conservation of recyclable materials is now a necessity in order
to conserve material resources; and
The cost of solid waste disposal is ever increasing, while convenient
landfill facilities are rapidly decreasing; and
The reduction of the amount of solid waste to be disposed of
will reduce the cost of landfill disposal fees and extend the life
of landfills, and at the same time the separation, collection, and
sale of recycling materials may reduce the financial burden of solid
waste disposal.
[Ord. 8-14-86 § 1; Ord. 6-14-90 § 1]
As used in this section:
Shall mean all aluminum beverage containers.
Shall mean all glass bottles and jars.
Shall mean paper of the type commonly referred to as newsprint
which is sold or distributed at stated intervals, usually daily or
weekly, having printed thereon news and opinions and containing advertisements,
and which may also include advertising circulars and inserts, and
other matters of public interest.
Shall include milk, water, cider, soda, alcohol, juice, detergent,
fabric softener, bleach, wind-shield washer fluid, motor oil, antifreeze
and household cleaner bottles; this does not include toys, food containers
and appliances.
Shall mean all single family and multi-family dwellings or
structures in the Township, including townhouses and condominiums.
Shall include cans such as, but not limited to, soup cans,
vegetable cans, pet food cans, and like domestic canned products.
[Ord. 8-14-86 § 1;
New; Ord. 6-14-90 § 1]
There is hereby established a program for the mandatory separation
of newspapers, corrugated, glass, aluminum, tin-plated and bimetal
cans, and plastic bottles, within the Township of Green Brook.
a.
Residential. Separation and placing for removal by residential dwellings
or structures in the Township shall be as set forth in subsection
12-9.4 through subsection 12-9.8.
b.
Commercial, Industrial and Nonresidential. The occupant or owner
of any property other than a residential property in the Township
of Green Brook shall be responsible for site-separation and for disposal
of all recyclable materials required by this chapter, or by any other
ordinance of this Township or regulation of the County of Somerset
or State of New Jersey. Such occupant or owner shall respond to all
requests by the Municipal Coordinator as to methods of disposal, and
shall be subject to inspection and to the penalties set forth in this
section.
c.
Enforcement Officer. The Chief of Police of the Township of Green
Brook, or his designee, shall be the chief enforcement officer of
the provisions of this section; provided, however, that this shall
not preclude enforcement by any member of the Police Department or
other enforcement officer of the Township, nor preclude the bringing
of a formal complaint by any person having knowledge of a violation
of this section.
d.
The Enforcement Officer shall provide for random inspection or surveying
of 20 properties (containing a mix of residential and nonresidential
establishments) per month to determine the extent of compliance with
this section.
[Ord. 8-14-86 § 1;
New; Ord. 6-14-90 § 1]
The occupant or owner of any residential dwelling or structure
within the Township of Green Brook who shall place for disposal, removal,
or collection the following named items shall do so in strict conformity
with the following regulations:
a.
Newspapers shall be bundled separately and secured in bundles not
to exceed 35 pounds, and shall not be contained in plastic bags. Where
newspapers are used to wrap solid waste, they may be discarded or
disposed of for collection with the usual solid waste.
b.
Labels must be removed from tin-plated steel and bimetal cans, and
all such cans must be rinsed clean. Glass, aluminum and tin-plated
steel and bimetal cans shall be contained in an occupant or owner-supplied
plastic bag and may be mixed together. No such bag shall exceed 15
pounds.
c.
Plastic bottles shall be rinsed by the occupant or owner and shall
be contained in occupant or owner-supplied plastic bags tied securely
at the top. Plastic bottles should be crushed before placing in the
plastic bags. They shall not be mixed with aluminum, glass or tin-plated
steel or bimetal can recyclables.
[Ord. 8-14-86 § 1;
New; Ord. 6-14-90 § 1]
The collection, removal and disposal of newspapers, glass, aluminum,
tin-plated steel and bimetal cans, and plastic bottles shall be supervised
by the Township of Green Brook, or its designated agent, who shall
have the authority to establish the time, method and routes of service.
All multi-family units shall provide for private collection by a method
and in a manner consistent with this section.
All plastic bags required herein shall be supplied by the occupant
or owner of the premises and placed prior to collection between the
curb and sidewalk where they shall be readily accessible to the collector.
Plastic bags and newspapers to be disposed of shall be placed outside
after 6:00 p.m. of the day immediately preceding the day of collection
but not later than 7:00 a.m. on the day of collection.
It shall also be lawful for the occupant or owner of the premises
to place for recycling, any other item which the Somerset County Office
of Solid Waste Management will accept for recycling, provided that
any other such item shall conform to the specifications of said Office
of Solid Waste Management as to its nature and the manner of pre-cycling.
[Ord. 8-14-86 § 1; Ord. 6-14-90 § 1]
It shall be a violation of this section for any person unauthorized
by the Township of Green Brook to collect or pick up, or cause to
be collected or picked up any such items during the twenty-four-hour
period commencing at 6:00 p.m. on any day preceding a day designated
for collection. Any and each collection in violation hereof from one
or more residences during said twenty-four-hour period shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Ord. 8-14-86 § 1; Ord. 6-14-90 § 1]
Any resident may donate or sell glass containers, aluminum,
tin-plated steel or bimetal cans, or used motor oil and high grade
paper and used newspapers or any other recyclable material to any
person, partnership or corporation, whether operating for profit or
not for profit. Said person, partnership or corporation may not, however,
under any circumstances, pick up said glass containers, aluminum,
tin-plated steel or bimetal cans, and plastic bottles or newspapers
from the curbside in the Town-ship of Green Brook during the time
period prohibited by subsection 12-9.6.
[Ord. 6-9-94 § 1]
a.
All commercial, industrial and institutional sectors are required
to prepare waste reduction audits and waste reduction plans according
to the following schedule:
1.
For any establishment with 500 or more employees, a waste audit and
reduction plan must be prepared and submitted to the Township of Green
Brook, and to the County of Somerset, by September 1, 1994.
2.
For an establishment with 250 to 500 employees, a waste audit and
reduction plan must be prepared and submitted to the Township of Green
Brook, and to the County of Somerset, by December 31, 1994.
3.
For any establishment with 100 to 250 employees, a waste audit and
reduction plan must be prepared and submitted to the Township of Green
Brook and to the County of Somerset by December 31, 1995.
b.
The waste reduction plan shall include, but not be limited to, the
following:
[Ord. 6-9-94 § 1]
a.
All commercial, industrial and institutional establishments with
100 or more employees must submit a plan to the Township of Green
Brook and to the County of Somerset, which outlines how source separation
and recycling shall be accomplished within the establishment. The
plan shall include, but not be limited to the following:
[Ord. 6-9-94 § 1]
This section shall be enforced by a Local Enforcement Officer
designated by the Township Committee, who shall investigate alleged
violations called to his or her attention by a collector of nonrecyclable
solid waste. In the event the Local Enforcement Officer shall determine
that a violation of this section, or any regulation promulgated pursuant
there, has occurred, the Officer shall notify the party responsible
for the violation detailing the particulars thereof. In the event
a second violation of this section or any regulation promulgated pursuant
thereto shall file a complaint therefor in Municipal Court.[1]
[1]
Editor's Note: The Chief of Police is designated as the
Enforcement Officer in subsection 12-9.3.
[Ord. 8-14-86 § 1; Ord. 6-14-90 § 1; Ord. 6-9-94 § 2]
The governing body may, in accordance with statutory authority,
negotiate and enter into franchises or agreements with qualified persons
to make the collections of said newspapers, glass, aluminum, tin-plated
steel or bimetal cans, and plastic bottles, and for the sale or disposition
of same for the resultant benefits of the Township.
[Ord. 10-13-88 § 2; Ord. 6-14-90 § 1; Ord. 6-9-94 § 2]
Any person, firm or corporation that violates or fails to comply
with any provision of this section or any regulation promulgated pursuant
thereto, shall, upon conviction thereof, be punishable by a fine not
less than $500 nor more than $1,000. Each day that a violation shall
occur shall constitute a separate violation.
[Ord. No. 2015-816]
a.
Location, specifications. Mailboxes, posts and supports may be located
in the right-of-way in accordance with United States Post Office Regulations.
Mailboxes, posts and supports shall be installed in accordance with
United States Post Office Regulations and Guidelines. The inside of
the mailbox or point of mail entry (locked designs) shall be 41 inches
to 45 inches above ground level. The mailbox shall be set back no
less than eight inches from the front face of the curb or roadway
edge. The Federal Highway Administration recommends mailbox posts
or supports consist of a four inch by four inch wooden support or
two inch diameter steel or aluminum pipe. The mailbox post or support
should be buried no more than 24 inches deep. The mailbox post or
support should be stable, but bend or fall away if struck by a vehicle.
The location of mailboxes, posts and supports shall not create a hazard
or an obstruction to the passage of roadways, sidewalks, street maintenance
vehicles or snow plowing equipment. Mailboxes, posts and supports
which do not meet these requirements, guidelines and recommendations
remain in the right-of-way solely at the expense and liability of
the abutting property owner.
b.
Damages.
1.
In the event the Township, through its required maintenance activities
or snow plowing operations, destroys or damages a mailbox, post or
support located in the Township owned right-of-way, the Township upon
receipt of proof of damage and replacement, may, at its discretion,
reimburse the property owner the sum of $50. The acceptance of payment
from the Township shall operate as a full and final release of all
claims the property owner may have against the Township pertaining
to the damaged or destroyed mailbox, post or support.
[Ord. No. 2015-816]
Any other improvements, structures or items of any kind including,
but not limited to, ornamental light posts, ornamental landscaping,
basketball hoops, hockey goals, sporting equipment, fences or sprinkler
systems installed in the right-of-way shall be at the property owners
sole liability, risk and expense. The need to remove or relocate any
such items from the public right-of-way shall be at the sole cost
and expense of the property owner. The Township shall not be responsible
for the damage or destruction of any such items located in the right-of-way
caused by required maintenance activities or snow plowing operations.[1]
