[Ord. No. 2404-13]
The Township of Millburn hereby establishes procedures, methods and practices that benefit our natural lands and environment, health of our workers and citizens and minimizes negative environmental impacts. Using practices that reduce waste by increasing product and method efficiency, and minimize environmental impacts, toxics, pollution and hazards to the community, as well as reduce waste, as sustainable, conserve energy and water, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, reduce use of chemicals and are lead-free and mercury-free, when and where practicable.
[Ord. No. 2404-13]
The goal of this policy is to encourage and increase the use of environmentally preferable methods, products, and services in the Township of Millburn. By including environmental considerations in municipal building and grounds decisions, Millburn can promote practices that are beneficial to our land, beneficial to public and worker health and conserve natural resources. The policy objectives are to:
a.
Conserve natural resources;
b.
Minimize environmental impacts such as pollution and use of water and energy;
c.
Eliminate or reduce toxics that create hazards to workers and our community;
d.
Support strong recycling markets;
e.
Reduce materials that are routinely landfilled;
f.
Increase the use and availability of environmentally preferable products that protect the environment;
g.
Identify environmentally preferable techniques, methods, and distribution systems;
h.
Create a model for sustainable buildings and grounds maintenance that encourages others in our community to adopt similar goals.
[Ord. No. 2404-13]
a.
The Public Works Division, members of the Environmental Commission's Green Team and representatives from other Millburn Township Departments will research, evaluate sustainable methods to buildings and grounds maintenance objectives.
They will focus their research evaluation in the following areas:
1.
Water and energy efficient projects and processes (e.g. solar applications, irrigation, energy efficient lighting, appliances, vehicles and motorized equipment);
2.
Landscape and grounds management (e.g. integrated pest and vegetation management, use of drought tolerant/indigenous plants, recycled mulches, etc.);
3.
Renewable products (e.g. certified forest materials, renewable energy resources, etc.);
4.
Waste and pollution reduction (e.g. integrated waste management, construction debris, recycling practices, longer lasting materials and machines, etc.);
5.
Recycled content products (e.g. paper, playground equipment, construction materials, motor oils and lubricants, carpets, matting, plastic lumber, trash bags, parking stops, etc.);
6.
Reduction of chemical and toxic substances and processes (e.g. cleaning products, pest management, chemicals, phosphates, paint, solvents, etc.).
b.
Green Building Program (e.g. designing and renovating for energy and resource conservation, using recycled products in construction and renovation, disposal of building materials in an environmental thoughtful means, etc.).
c.
The Green Team is aware that the evaluation and implementation phases of the project will require changes in awareness, behaviors, practices and procedures. To the extent possible it is the Green Team's intention to have as large of a participative process as possible as it researches and evaluates the policy recommendations.
[Ord. No. 2404-13]
a.
Energy and Water Efficiency in Products and Processes.
1.
Where applicable, energy-efficient equipment shall be utilized with the most up-to-date energy efficiency functions. This includes, but is not limited to high efficiency space heating systems, high efficiency space cooling equipment, compressors, generators, motors and pumps.
2.
To the extent possible, the Township shall replace inefficient interior lighting with energy-efficient equipment.
3.
When practicable, the Township shall replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment. Exterior lighting shall be minimized where possible to avoid light pollution and unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility.
4.
All products utilized by the Township and for which the U.S. EPA ENERGY STAR® certification is available shall meet ENERGY STAR® certification, when practicable. When ENERGY STAR® labels are not available, the Township shall choose energy-efficient products that are in the upper 255 of energy efficiency as designated by the Federal Energy Management Program.
5.
To the extent practicable the Township shall purchase and utilize water-saving methods. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets and aerators, and upgraded irrigation systems.
b.
Landscaping and Grounds Maintenance.
1.
All landscape renovations, construction and maintenance performed by the Township, including workers and contractors providing landscaping services for the Township, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grass cycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs.
2.
Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate; species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred.
3.
Hardscapes and landscape structures constructed of recycled content materials are encouraged to be utilized, when and where practicable. The Township shall strive to limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers are encouraged for walkways, patios and driveways.
c.
Recycled/Renewable Methods and Products.
1.
All products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines in the Agency's Comprehensive Procurement Guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non-paper office products, shall contain the highest post-consumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines.
2.
In accordance with the New Jersey Code and the manufacturer's recommendations, the Township shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.
3.
When specifying asphalt concrete, aggregate base or Portland cement concrete for road construction projects, the Township shall use recycled, reusable or reground materials when practicable.
4.
To the extent practicable the Township shall specify and purchase recycled content maintenance products, including signs, cones, parking stops, delineators, skirts and barricades, which shall contain the highest post-consumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Comprehensive Procurement Guidelines.
d.
Waste Reduction.
1.
To the extent practicable the Township shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality.
2.
To the extent practicable the Township shall purchase remanufactured products such as pumps, tires, furniture, equipment and automotive parts whenever practicable, but without reducing safety, quality or effectiveness.
3.
To the extent practicable the Township shall require all equipment bought after the adoption of this policy to be compatible with source reduction goals where practicable.
e.
Toxic Chemical and Pollution Reduction.
1.
The use of chlorofluorocarbon and Halon containing refrigerants, solvents and other products shall be phased out and new utilization of heating/ventilating/air conditioning, refrigeration, insulation and fire suppression systems shall not contain them.
2.
All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates.
3.
When maintaining and furnishing buildings, the Township shall strive to use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when practicable when purchasing materials such as paint, carpeting, adhesives, furniture and casework.
4.
For fertilizers, pesticides and herbicides, environmentally responsible products are to be considered first, especially at high use park areas, all playgrounds, all school grounds and high use recreational areas; additional technical materials will be considered following Integrated Pest Management strategies.
f.
Forestry Conservation Methods.
1.
To the extent practicable, the Township shall strive not to procure or utilize wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When practicable, the Township shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council (FSC) certification.
2.
To the extent practicable, the Township encourages the purchase or use of recycled, previously used, and salvaged wood and wood products whenever possible.
[Ord. No. 2404-13]
a.
The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies.
b.
To the fullest extent possible, the Township has made significant investments in development of a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or bio-based.
c.
Nothing contained in this policy shall be construed as requiring the Township, departments, purchaser or contractor to take any action that shall conflict with local State, County or Federal requirements.
[Ord. No. 2404-13]
[Added 12-3-2019 by Ord. No. 2547-19]
The following definitions apply to this section:
Recyclable paper carryout bags and reusable bags.
RECYCLABLE PAPER CARRYOUT BAGA paper bag that is 100% recyclable and displays the word "Recyclable" in a visible manner on the outside of the bag.
REUSABLE BAGA bag with handles that is designed and manufactured to withstand repeated uses over a period of time andis machine washable or made from a material that can be cleaned and disinfected regularly.
Any person purchasing goods or services from a retail establishment.
A business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, cafe, delicatessen, coffee shop, supermarket or grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity.
The person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
Any natural person, firm, corporation, partnership, or other organization or group, however organized.
A synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal.
A container comprising a synthetic thermoplastic material obtained by polymerizing styrene; formed into a white rigid foam (expanded polystyrene) for insulating and packaging, including cups, clamshells and any other take-out containers from restaurants and prepared food providers.
A very thin bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
Material that can be sorted, cleansed, and reconstituted through available recycling collection programs for the purpose of reusing the altered, incinerated, converted, or otherwise thermally destroyed solid waste generated therefrom.
Any store or commercial establishment that sells perishable or nonperishable goods, including, but not limited to: clothing, food, and personal items, directly to the customer and is located within or doing business within the geographical limits of the Township of Millburn. Retail establishments include, for example: a business establishment that generates a sales or use tax; a drugstore, a pharmacy, a supermarket, grocery store, convenience food store, food mart, or other commercial entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, snack foods and alcoholic beverages; a public eating establishment (i.e., a restaurant, take-out food establishment, or any other business that prepares and sells food to be eaten on or off its premises); and a business establishment that sells clothing, hardware, electronics, books, jewelry, furniture, cosmetics or any other nonperishable goods. "Retail establishment" does not include nonprofit charitable resellers, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization that reuses and recycles donated goods or materials and receives more than 50% of its revenues from the handling and sale of those donated goods or materials.
Any bag or container produced or manufactured from material commonly known as "plastic" or "polystyrene" that is provided by the operator of a retail establishment at the point of sale or other point of departure from the premises for transporting goods or products out of the establishment for off-site delivery. The term includes compostable and biodegradable bags but does not include reusable bags or product bags. This definition specifically exempts the following:
Bags made available by operators to consumers inside retail establishments:
To package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
To contain or wrap frozen and nonfrozen foods, meat, or fish, whether packaged or not;
To contain or wrap flowers, potted plants, or other items where dampness may be an issue;
To contain unwrapped prepared foods or bakery goods;
As pharmacy prescription bags;
To contain articles of clothing in garment bags.
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended as food storage bags, garbage bags, yard waste bags, or pet waste bags.
No retail establishment may provide to any customer a single-use plastic carryout bag or a polystyrene container provided for the purpose of carrying goods away from the point of sale. This does not apply to product bags. The prohibition also applies to single-use plastic carryout bags and polystyrene containers for take-out and deliveries from retail establishments. The point of sale in such transactions is deemed to be at the retail establishment, regardless of where payment for the transaction and delivery of the goods physically occurs; provided, however, that the charge established pursuant to § 18.2.4 shall not be made to off-site recipients of deliveries from retail establishments for products delivered in compliant bags and containers.
a.
All retail establishments may make available to customers, for a fee, compliant bags, as defined herein, for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this section. The fee charged shall be reflected in the sales receipt.
b.
Nothing in this section prohibits customers from bringing bags of any type that they choose to retail establishments themselves, in lieu of bags available for a fee from the retail establishment, or from carrying away goods that are not placed in a bag.
a.
All retail establishments may make compliant recyclable paper carryout bags available to customers upon request for a fee of $0.05 per bag if customers choose not to bring their own reusable bags.
b.
A retail establishment may provide customers with a compliant reusable bag, as defined herein, for a fee of at least $0.10.
a.
All retail establishments must provide customers with compliant bags, upon request, if customers fail to bring their own bags, in accordance with the fee structure set forth in § 18- 2.4 above. A retail establishment may choose, in its discretion, to provide a credit to customers that choose to bring their own bags.
b.
Each retail establishment shall be strongly encouraged to educate its staff to promote the reusable bags, to post signs encouraging customers to choose reusable bags rather than recyclable paper carryout bags, and to ask customers if a bag is needed prior to dispensing.
a.
A food service business may provide a single-use straw to a person only upon request.
a.
The Millburn Township Code Enforcement Officer or the Health Officer, or their designees, have the responsibility for enforcement of this section, including, but not limited to, investigating violations and issuing fines.
b.
Penalties.
1.
Any retail establishment that violates or fails to comply with any of the requirements of this section after an initial written warning notice has been issued for that violation shall be liable for a penalty.
2.
If a retail establishment has subsequent violations of this section after the issuance of an initial written warning notice of a violation, the following penalties will be imposed and shall be payable by the operator of the retail establishment:
(a)
A fine not exceeding $100 for the first violation after the written warning notice is given;
(b)
A fine not exceeding $200 for the second violation after the written warning notice is given; and
(c)
A fine not exceeding $500 for the third and any subsequent violations after the written warning notice is given.
3.
A fine shall be imposed for each day a violation occurs or is allowed to continue.
c.
Any appeal of a written warning notice or fine shall be conducted pursuant to municipal regulations and procedures concerning appeals already adopted by the Township of Millburn.
Nothing in this section is intended to create any requirement, power or duty that is in conflict with any federal or state law.
[Added 2-18-2025 by Ord. No. 2697-25]
[Added 2-18-2025 by Ord. No. 2697-25]
As used in this section, the following terms shall have the meanings indicated:
Occurring in the Atlantic Coast, also known as the East Coast or Eastern Seaboard of the United States before Euro-American settlement pursuant to the USDA Plants Database.
[Added 2-18-2025 by Ord. No. 2697-25]
The Township of Millburn will require that at least 70% of newly procured plants (shrubs, groundcovers and flowers) in each category are native. A target of 70% for shade trees planted on municipally owned or operated property to be native with discretion of variance of this target granted to the Township Forester, the Shade Tree Advisory Board and Director of the Cora Hartshorn Arboretum and Bird Sanctuary because individual non-native, cultivar or nativar species may be necessary for placement in environmental conditions unsuitable for native trees which must be genetically suited for the specific environment where they are to be planted.
[Added 2-18-2025 by Ord. No. 2697-25]
Invasive species listed on the New Jersey Invasive Species Strike Team Don't Plan List are hereby banned from future procurement or planting.
[Added 2-18-2025 by Ord. No. 2697-25]
Deer-resistant plants are preferred to the extent they are available.
[Added 2-18-2025 by Ord. No. 2697-25]
The use of non-native plant species shall be permitted in:
a.
Places where vegetables, herbs and fruit trees are grown on public property.
b.
Public grass areas and athletic fields.
c.
Planters, pots and hanging baskets in all commercial business districts, including those under the design and direction of the Township Beautification League or Special Improvement District.
d.
Traffic circles and dividers.
e.
Dedicated areas within Township parks and around park signs, flagpoles and memorials.
f.
Areas that are under the design and direction of the Short Hills Garden Club or its successor, specifically the Wallbridge Rose Garden in Taylor Park and any other areas that have historically been under the club's care.
[Added 2-18-2025 by Ord. No. 2697-25]
The Millburn Environmental Commission shall be responsible for maintaining a current reference list of native species and native substitutes for commonly planted invasive species by way of the USDA Plants Database, New Jersey Invasive Species Strike Force Do Not Plant List, Native Plant Society of New Jersey or other resources deemed appropriate on the Township of Millburn website or other Township recognized platforms.
[Added 2-18-2025 by Ord. No. 2697-25]
The Millburn Environmental Commission, or its designee and the Township Forester will review the Forester's annual tree report each December to discuss its contents.
[Added 2-18-2025 by Ord. No. 2697-25]
All regulations pertaining to public land that are in conflict with this chapter, in whole or in part, are hereby repealed to the extent they are in conflict.
[Added 2-18-2025 by Ord. No. 2697-25]
If any portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of this chapter.
[Added 7-15-2025 by Ord. No. 2707-25]
[Added 7-15-2025 by Ord. No. 2707-25]
The following definitions apply to this section:
Shall mean a piece of equipment powered by a two-stroke or four-stroke engine using gasoline or a mixture of gasoline and oil blend as fuel and used primarily for but not exclusively to blow grass clippings and debris, leaves, dirt, among other items, and often used in yard and lawn maintenance.
Shall mean the individual who operates the gas-powered leaf blower, or in the event such individual is employed by, or is an independent contractor for a lawn maintenance company or entity, then the company or entity shall be considered a responsible party.
Shall not be considered a gas-powered leaf blower. Turbine blowers, which are also commonly referred to as a "Buffalo Blowers," are equipment connected to a small tractor, golf cart or other vehicle, and are intended to blow large volumes of air. The turbine blowers are much quieter than a conventional two-stroke or four-stroke gas-powered leaf blower.
[Added 7-15-2025 by Ord. No. 2707-25]
b.
Except that, the provisions of this section shall not apply to Township employees during the months of October, November, and December for the sole purpose of the fall curbside leaf collection.
c.
The time restrictions in this section also include the use of gas-powered leaf blowers in the application of chemicals or products to treat for bug or insect infestation.
[Added 7-15-2025 by Ord. No. 2707-25]
a.
Notwithstanding anything to the contrary, the operation or use of any gas-powered leaf blower, except a turbine blower, shall be prohibited within the Township of Millburn. This prohibition shall include all times, on and during the following seasonal dates:
b.
The seasonal restrictions in this section also include the use of gas-powered leaf blowers in the application of chemicals or products to treat for bug or insect infestation.
[Added 7-15-2025 by Ord. No. 2707-25]
a.
In the event of a hurricane, tropical storm, or similar extreme storm event or emergency, the Mayor of the Township of Millburn may, at their sole discretion, temporarily suspend the application of this section and the amendments to subsection 3-7.2c for the purposes of debris cleanup or for such other emergency purposes for an initial period of up to and including four (4) days.
b.
In the event of a hurricane, tropical storm, or similar extreme storm event or emergency, the Mayor of the Township of Millburn may, at their sole discretion, temporarily suspend the application of subsection 3-7.2c for the purposes of debris cleanup or for such other emergency purposes for a second period of up to and including three (3) days.
c.
Upon the expiration of the second temporary suspension of subsection 3-7.2c, the Millburn Township Committee must authorize any subsequent temporary suspensions through an affirmative vote, which shall last for a period of up to and including seven (7) days. For the purposes of this vote, the Millburn Township Committee may meet virtually, and can authorize up to three such temporary suspensions.
[Added 7-15-2025 by Ord. No. 2707-25]
a.
This section shall be enforced by Township law enforcement officers, code enforcement officers, or other Township officials with the territorial and subject matter jurisdiction to enforce this chapter. Fines may be levied against any responsible party and may be levied against multiple responsible parties.
b.
Any responsible party violating Section 18-4 shall be, on the first offense, given a warning and informed about the prohibition. During the first Winter seasonal restriction of January 1 to March 15 following the effective date of this section, any responsible party violating Section 18-4 shall be given a warning and informed about the prohibition.
c.
Thereafter, any responsible party shall be subject to a fine upon conviction hereof, not exceeding $250 for the second offense, $500 for the third offense, $1,000 for the fourth offense, and $2,000 for subsequent offenses. Subsequent offenses may subject the responsible party to the loss of a license to perform landscaping work within the Township of Millburn.