[HISTORY: Adopted by the Township Committee of the Township
of Franklin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-27-2001 by Ord. No. O-22-2001;[1] amended in its entirety 6-23-2009 by Ord. No. O-6-2009]
[1]
Editor's Note: This ordinance repealed former Ch. 329, Solid
Waste, which consisted of Art. I, Recycling, adopted 2-12-1985 by
Ord. No. O-1-85, as amended.
A.
There is hereby established a program for the mandatory source separation
of recyclable materials within the Township of Franklin, Gloucester
County, and the requirements of this article shall apply to all property
owners and tenants of such property situated within the Township of
Franklin. Such separation, collection and disposal of specified solid
waste and recyclable materials shall be made under the supervision,
guidance and scheduling of a New Jersey Certified Public Works Manager,
Superintendent of Public Works, his or her designee, or a New Jersey
certified recycling coordinator.
B.
There is hereby established a program to prohibit scavenging of recyclable
materials within the Township of Franklin and the requirements of
this article shall apply to all.
C.
There is hereby established a program to prohibit littering and dumping
within the Township of Franklin and the requirements of this article
shall apply to all.
D.
The Township Committee shall adopt regulations regarding the conduct,
hours, regulations and requirements in conjunction with the Superintendent
of Public Works to ensure a safe, environmentally effective and economical
program to benefit the residents and tenants of the Township of Franklin.
E.
This article shall be enforced by the Superintendent or his or her
designee of the Township Public Works Department, the Township Code
Enforcement Officer, any Township police officer or any other person(s)
designated by resolution of the Township Committee.
As used in this article, the following terms shall have the
meanings indicated:
Any container, bag or bundle in excess of the below-specified
weight or capacity may not be subject to municipal collection and
shall be the responsibility of the owner, occupant or lessee to properly
dispose of the collected material(s).
DUMPSTERSAn all-metal container designed to hold solid waste or recyclable materials, solidly constructed to prevent spillage or leakage of its contents. These containers must be capable to be mechanically emptied by rear-loading sanitation trucks. These containers shall be no larger than three cubic yards with lids.
AUTOMATED CARTEach residential, multifamily, participating commercial and institutional unit shall have one ninety-six-gallon waste cart (supplied and owned by the Township of Franklin) for the purpose of bagged household solid waste removal. Above-noted units shall also have recycling containers (as many as needed) in various sizes from 15 gallons to 96 gallons for the purpose of recycling all materials currently listed in a single-stream manner.
PLASTIC BAGSEach unit shall provide suitable bags for the collection and removal of all solid waste contained in a Township automated cart. All bags must be contained in automated cart for removal. Any paper-type bags may be used for the purpose of recycling. Absolutely no plastic bags are to be mixed with recycling.
BULK ITEMSMaterials or products to large to fit in automated containers. This service provided to residential and multifamily units once per month. Any and all limitations to amounts and sizes of materials to be removed are specified in yearly Township calendar.
CURB/RIGHT-OF-WAYArea adjoining the edge line of all roadways typically used for placement of all solid waste and recycling materials to be picked up by the Township of Franklin.
Those materials designated within the Township of Franklin,
Gloucester County District Solid Waste Management Plan to be source
separated for the purpose of recycling. These materials include: all
ferrous and nonferrous metal products, examples of which are washers,
dryers, dishwashers, ovens, freezers, refrigerators, any metal heaters,
metal lawn equipment, hot water tanks (with construction inspection
sticker) any metal appliance, cold water tanks, air conditioners or
any other related metal. All aluminum, steel, tin and bimetal containers,
including beverage and food containers. All glass bottles, jars, and
jugs made from silica or sand, soda ash and limestone. Glass can be
of any color, shape or size. All plastic bottles and jugs commonly
marked or known as (PET-1 HDPE-2) in any color, shape or size. All
uncontaminated boxes and panels, newspaper, magazines, books, junk
mail, office and computer paper, copy paper, cereal boxes, pizza boxes
and all other related paper-type products must be included. Batteries
to include auto, motorcycle, and boat wet-cell found in six-, twelve-,
and twenty-four-volt charges. All dry-cell and rechargeable batteries
contained in flashlights, radios, watches, etc., must be recycled.
All motor, hydraulic and transmission oils must be containerized and
recycled. All vegetation to be recycled will include shrubs, limbs,
branches, leaves, brush, bushes, trimmings, and Christmas trees.
Original or clear copies of receipts or letters in the form
of certified weight receipts or a signed business form letter. It
shall include the name of the solid waste and/or recycling market,
the hauler, and the generator and shall show the dates and quantity/weight
of each generated material. A separate summary sheet shall be provided
for each of the materials.
Recycling market(s);
Solid waste facility;
Hauler(s); or
Letter from owner of property stating material(s) were processed
with the municipal collection program; or
Letter from owner of property stating that no receipts were
provided to them from the identified market(s) and/or hauler(s); or
Letter from permit applicant stating that no material was generated.
Volume. A product disposed/sold by count, gallonage or yardage
may be reported by volume instead of by weight.
Hazardous wastes. Documentation for recycled hazardous waste(s)
(example: oil, solvents) must include a copy of the hazardous waste
hauler's receipt, clearly showing the New Jersey Department of Environmental
Protection hazardous waste hauler permit number.
Placement of any form of solid waste or recyclables of more
than 0.148 cubic yard of solids or 30 U.S. gallons of liquid not placed
in a public receptacle or in authorized private receptacles for collection,
upon any street, sidewalk, or public or private property.
A computer central processing unit and all associated hardware
including keyboards, modems, printers scanners and fax machines; a
cathode ray tube, a cathode-ray-tube device, a flat panel display
or similar video display device with a screen that is greater than
four inches measured diagonally and that contains one or more circuit
boards, including a television, and cell phones.
A place where people live or conduct business.
COMMERCIAL SECTORAll dedicated commercial retail, wholesale, institutional, markets and manufacturing facilities including, but not limited to:
MIXED-USE SECTORAll residential buildings with an integrated commercial operation.
MUNICIPAL SECTORAll government buildings, parks, public events, public school facilities, fire and ambulance facilities.
RESIDENTIAL SECTORAll single-family buildings, multifamily buildings, apartments, trailer parks, group homes and farm labor housing.
A facility designed exclusively to accept solid waste. This
facility shall be designed and permitted to meet all federal and New
Jersey Environmental Protection Agency rules and standards.
Placement of any form of solid waste or recyclables of less
than 0.148 cubic yard of solids or the equivalent of 30 U.S. gallons
of liquid not placed in a public receptacle or in authorized private
receptacles for collection, upon any street, sidewalk, or public or
private property.
Any building or structure, or complex of buildings in which
three or more dwelling units are owner-occupied or rented or leased,
or offered for rental or lease, for residential purposes (see N.J.S.A.
13:1E-99.13a) and shall include hotels, motels, or other guesthouses
serving transient or seasonal guests as those terms are defined under
subsection (j) of § 3 of the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
The person or persons certified by the State of New Jersey
and appointed by the municipal governing body and who shall be authorized
to, among other things, enforce the provisions of this article, and
any rules and regulations which may be promulgated hereunder.
All solid waste generated at residential, commercial, and
institutional establishments within the boundaries of the municipality
of the Township of Franklin.
A container designed to receive and accept solid waste and/or
recyclable materials.
Those materials which would otherwise become solid waste, and
which may be collected, separated, or processed and returned to the
economic mainstream in the form of raw material or products.
Every generator of waste is encouraged to examine its disposal
practices and operation for any additional item(s), including but
not limited to food waste, and other plastic, that can be recycled,
over and above those items mandated by these regulations.
A combining of all source-separated recyclable materials
from the waste stream for the purpose of recycling and collection.
All other items shall be considered nondesignated items and
shall not be placed out for municipal collection.
Commercial.
Consisting of solid waste types: 10 (consisting of nonrecycled
rags, food, plastic, etc); 13 (consisting of nonrecycled furniture
and other bulk items too large to fit into a trash bag or container);
13C (consisting of nonrecycled construction and demolition materials:
doors, windows, wallboard, paneling, etc.); 23 (consisting of nonrecycled
vegetative); 25 (consisting of nonrecycled animal and food processing
wastes); and 27 (consisting of nonrecycled dry nonhazardous chemical
wastes).
This shall not include hazardous and/or medical biohazardous
waste.
Municipal.
Consisting of solid waste types: 10 (consisting of nonrecycled
rags, food, plastic, etc); 13 (consisting of nonrecycled furniture
and other bulk items too large to fit into a trash bag or container);
13C (consisting of nonrecycled construction and demolition materials:
doors, windows, wallboard, paneling, etc.); 23 (consisting of nonrecycled
vegetative); 25 (consisting of nonrecycled animal and food processing
wastes); and 27 (consisting of nonrecycled dry nonhazardous chemical
wastes).
This shall not include hazardous and/or medical biohazardous
waste.
Residential.
Consisting of solid waste types: 10 (consisting of nonrecycled
rags, food, plastic, etc); 13 (consisting of nonrecycled furniture
and other bulk items too large to fit into a trash bag or container);
13C (consisting of nonrecycled construction and demolition materials:
doors, windows, wallboard, paneling, etc.); 23 (consisting of nonrecycled
vegetative); 25 (consisting of nonrecycled animal and food processing
wastes); and 27 (consisting of nonrecycled dry nonhazardous chemical
wastes).
This shall not include hazardous and/or medical biohazardous
waste.
Mixed-use.
Consisting of solid waste types: 10 (consisting of nonrecycled
rags, food, plastic, etc); 13 (consisting of nonrecycled furniture
and other bulk items too large to fit into a trash bag or container);
13C (consisting of nonrecycled construction and demolition materials:
doors, windows, wallboard, paneling, etc.); 23 (consisting of nonrecycled
vegetative); 25 (consisting of nonrecycled animal and food processing
wastes); and 27 (consisting of nonrecycled dry nonhazardous chemical
wastes).
This shall not include hazardous and/or medical biohazardous
waste.
Hazardous: including, but not limited to, explosives, paints,
paint thinners/cleaners, insecticides, pesticides and any other items
so designated by the federal or state environmental protection agencies
as to require special handling.
Medical/biohazardous: including, but not limited to, any solid
or nonsolid waste, which is generated in the diagnosis, treatment
(for example: provision of medical service) or immunization of human
beings or animals in research pertaining thereto or in the production
of testing of biologicals. The term does not include any hazardous
waste identified or listed under 40 C.F.R. part 261 or any household
waste generated from home self-care as defined in this section.
This may also be known as a "resource recovery facility,"
and shall mean a facility designed exclusively to accept solid waste.
This facility shall be designed and permitted to meet all federal
and New Jersey Environmental Protection Agency rules and standards.
The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste
for the purposes of recycling.
Public highways, avenues, streets, lanes, boulevards, circles,
terraces, and public places, whether dedicated or not, within the
limits of the Township of Franklin and used for vehicular and/or pedestrian
travel.
A facility designed exclusively to accept solid waste. This
facility shall be designed and permitted to meet all federal and New
Jersey Environmental Protection Agency rules and standards.
A.
Mandatory source separation: it shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the municipality of the Township of Franklin, for
the purpose of separating designated recyclable materials from all
solid waste. Designated recyclable materials shall be deposited separate
and apart from other solid waste generated by the owners, tenants,
or occupants of such premises and shall be placed separately at the
curb in a manner and on such days and times as may be hereinafter
established by regulations promulgated by the Township of Franklin
in Gloucester County.
B.
Placement of recyclables for removal.
(1)
Metal and appliances collected once per month at curbside can be
placed at curbside on designated dates as posted in yearly Township
calendar. Appliances must have doors removed for collection. These
items may be co-mingled together. Refer to current Township calendar
for procedures of collection.
(2)
The following items will be collected single stream at curbside weekly.
Single stream in effect means that all materials may be mixed together
in one or more containers for removal. Any other trash-type material
shall not be placed in this container(s).
(a)
Glass bottles, jugs, and jars of any shape and size. Window
glass is not acceptable.
(b)
Ferrous and nonferrous cans of any shape and size.
(c)
Plastic milk jugs, soda bottles, detergent bottles and all other
similar-type bottles or jugs commonly marked (PET 1, HDPE 2) with
a recycling triangle.
(d)
Newspaper, cardboard, mixed paper, office paper, junk mail and
all related-type paper material. Large cardboard or boxes shall be
flattened for placement in container.
C.
Placement of vegetative recycling.
D.
Noncollected recyclable materials.
(1)
Wet-cell automotive, motorcycle, boat and truck batteries commonly
found in six-, twelve- and twenty-four-volt charges. Rechargeable
dry-cell batteries. All accepted at the Township Public Works yard.
(2)
Motor, transmission and hydraulic oils accepted at Township Public
Works yard. Containers limited to five gallons or less in size.
(3)
Antifreeze, paints, and any hazardous materials must be disposed
of at County of Gloucester hazardous cleanup days. These items not
accepted by the Township of Franklin.
A.
Municipal collection.
(1)
The collection, removal and disposal of all designated solid waste
materials shall be supervised by the Superintendent of Public Works
or his/her designee.
(2)
All designated solid waste shall be placed at the curbline for municipal
collection no earlier than the night immediately preceding the day
of collection, but no later than 6:00 a.m. of the day of collection.
Materials placed for collection shall not block public right-of-ways
or access.
(3)
All municipal solid waste materials shall be placed in dumpsters
in their specified loading/storage areas for collection.
(4)
Following curbside collection, all automated containers shall be
removed from curbside as soon as possible, but no later than 8:00
p.m. of the day of collection.
(5)
Township of Franklin public parks, recreation complexes, buildings
and sidewalk receptacles shall be cleaned and maintained by the Township
of Franklin Public Works Department or such other party as may be
designated.
B.
Nonmunicipal collection.
(1)
The owner, occupant, or lessee shall arrange for separate timely
collection, transportation and disposal, at his or her expense, of
all solid waste generated or collected. This shall be on an as-needed
basis, but must be done so as to protect and promote the health and
safety of the owner, occupant, lessee and the Township of Franklin
community.
(2)
All solid waste shall be removed from special events within 24 hours
of their completion.
(3)
All generators shall complete a form provided by the Township indicating
the destination of collected materials.
A.
Municipal collection.
(1)
General compliance requirements.
(a)
Commercial sector participants shall be limited to one ninety-six-gallon
automated solid waste cart, collected weekly, owned by the Township
of Franklin placed curbside. Automated cart provided only when participant
owns his or her own solid waste dumpster.
(b)
For the purpose of single-stream recycling, commercial sector
participants shall use a rear-loading three-cubic-yard dumpster when
possible. Any other container used must be approved by the Township
of Franklin Certified Recycling Coordinator prior to collection.
(c)
Municipal sector participants shall be limited to one ninety-six-gallon
automated solid waste cart, collected weekly, owned by the Township
of Franklin placed curbside.
(d)
For the purpose of single-stream recycling, municipal sector
participants shall have no limit to the number of containers placed
curbside.
(e)
Residential sector participants shall be limited to one ninety-six-gallon
automated solid waste cart, collected weekly, owned by the Township
of Franklin placed curbside.
(f)
For the purpose of single-stream recycling, residential sector
participants shall have no limit to the number of containers placed
curbside.
(g)
Residential solid waste bulk items shall be limited to three
large items per month or six to eight extra bags of solid waste placed
at curbside. Refer to current Township of Franklin calendar. In the
event that there is more than the specified items, contact the Public
Works so that proper arrangements can be made to accommodate the excess
volume.
(h)
Mixed-use sector participants shall follow all residential sector
guidelines.
(2)
Residential dwelling compliance requirements. The owner of any property
shall be responsible for compliance with this article. For multifamily
units, the management or owner is responsible for setting up and maintaining
the recycling system, including collection of recyclable materials,
in accordance with guidelines or regulations established by the appropriate
municipal office. Violations and penalty notices will be directed
to the owner or management, in those instances where the violator
is not easily identifiable. The management shall issue notification
and collection rules to new tenants when they arrive and every six
months during their occupancy.
(3)
Nonresidential establishment compliance requirements.
(a)
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this article.
(b)
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or his or her designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoor litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials
commonly deposited, in the location of the litter receptacle, and
shall provide for separate recycling service for their contents.
(c)
Every business, institution, or industrial facility shall report
on an annual basis to the Certified Recycling Coordinator of the Township
of Franklin, on such forms as may be prescribed, on recycling activities
at its premises, including the amount of recycled material, by material
type, collected and recycled and the vendor or vendors providing recycling
service.
(d)
All food service establishments, as defined in the County Health
Code, shall, in addition to compliance with all other recycling requirements,
be required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such record as may be prescribed,
for inspection by any code enforcement officer.
(4)
New developments of multifamily residential units or commercial,
institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a
and 13:1E-99.16c.)
(a)
Any application to the Planning Board of the Township of Franklin
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land must include
a recycling plan. This plan must contain, at a minimum, the following:
[1]
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development;
and
[2]
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the Municipal Recycling Coordinator.
(b)
Prior to the issuance of a certificate of occupancy by the municipality
of Franklin, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
(c)
Provision shall be made for the indoor, or enclosed outdoor,
storage and pickup of solid waste, to be approved by the Municipal
Engineer.
B.
Nonmunicipal collection.
(1)
Commercial.
(a)
Containers or items that exceed the limits noted in § 329-5A shall be the responsibility of the owner, occupant or lessee to arrange for separate collection, transportation and proper disposal of collected solid waste. Tenants or lessees of commercial buildings may be exempt from collection, transportation and disposal requirements as set forth above if their leases designate the owner of the building as responsible for this service.
(b)
Owners or operators of commercially zoned shopping center buildings
shall provide separately labeled trash and recycling containers for
the public at a minimum of one set of containers for every two entrances.
[1]
Residential containers or items that exceed the limits noted in § 329-5A shall be the responsibility of the owner, occupant or lessee to arrange for separate collection, transportation and proper disposal of collected solid waste. Tenants or lessees of commercial buildings may be exempt from collection, transportation and disposal requirements as set forth above if their leases designate the owner of the building as responsible for this service.
(c)
Mixed use.
[1]
Containers or items that exceed the limits noted in § 329-5A shall be the responsibility of the owner, occupant or lessee to arrange for separate collection, transportation and proper disposal of collected solid waste. Tenants or lessees of commercial buildings may be exempt from collection, transportation and disposal requirements as set forth above if their leases designate the owner of the building as responsible for this service.
[2]
Owners or operators of commercially zoned shopping center buildings
shall provide separately labeled trash and recycling containers for
the public at a minimum of one set of containers for every two entrances.
A.
All waste disposal containers must be stored in a protected area
or enclosure so as not to allow debris to blow onto the streets or
adjacent properties. No enclosure shall be erected in a public right-of-way
or easement.
B.
All solid waste shall be placed in waste disposal containers (automated
carts, bags, dumpsters) and secured so as to prevent easy access of
vermin, pests and household pets.
C.
No waste disposal containers shall be filled to the point of overflowing.
D.
Debris or litter on or around trash containers shall not be allowed
to accumulate or be stored in such a manner that it is likely to be
removed by natural forces onto adjacent property.
E.
Debris or litter on or around construction or demolition projects
shall not be allowed to accumulate or be stored in such a manner that
it is likely to be removed by natural forces onto adjacent property.
F.
Hazardous waste shall be disposed of separately according to federal
(40 C.F.R. 261) or New Jersey Department of Environmental Protection
(N.J.A.C. 7:26-7) disposal regulations.
G.
Medical/biohazard waste shall be disposed of separately according
to federal (40 C.F.R. 261) or New Jersey Department of Environmental
Protection (N.J.A.C. 7:26-7) disposal regulations.
A.
Recycling.
(1)
Commercial sector.
(a)
All materials shall be placed for municipal collection along
the curb before each building.
(b)
All mechanically rear-loading dumpsters may be collected by
the municipality from their loading/storage area after the property
owner and the generator sign a liability waiver provided by the Township
of Franklin.
(2)
Municipal sector. All materials shall be placed for collection along
the curb or in a loading/storage area at each municipal building,
park, event, public school or fire or ambulance facility. Dumpsters
shall be collected from their loading/storage area.
(4)
Mixed used sector.
B.
Solid waste.
(1)
Commercial sector. All materials shall be placed for municipal collection
along the curb before each building.
(2)
Municipal sector. All materials shall be placed for collection along
the curb or in a loading/storage area at each municipal building,
park, event, public school or fire or ambulance facility. Dumpsters
shall be collected from their loading/storage area.
(3)
Residential sector.
(a)
All materials shall be placed for collection along the curb
before each building.
(b)
Multifamily buildings of 10 units or more shall have all mechanically
rear-loading dumpsters which may be collected by the municipality
from their loading/storage area if the property owner and the generator
sign a liability waiver provided by the Township.
[1]
The property owner/manager must sign the building up for collection
between October 1 and December 1 for collection to start on a calendar-year
basis effective the following January 1 through December 31.
[2]
The mechanically rear-loading dumpsters are limited to a maximum
size of three cubic yards. They must have lids and may be lockable.
(4)
Mixed-use sector. All materials shall be placed for collection along
the curb before each building.
A.
Commercial sector: all designated commercial retail, wholesale, institutional,
manufacturing facilities, taverns, restaurants, churches, offices,
shops, professional offices, day-care facilities, private schools,
malls, strip store buildings/complexes, and construction and demolition
sites.
B.
Municipal sector: all designated government buildings, parks, public
events, public school facilities, fire, and ambulance facilities.
C.
Residential sector: all designated single- and multifamily buildings.
D.
Mixed-use sector. All designated residential structures with an integrated
commercial operation.
A.
All commercial establishments or such private hauler responsible
for removal of solid waste and/or recyclable materials must file completed
reports with the Municipal Certified Recycling Coordinator.
B.
All construction, demolition and street opening projects shall be
required to complete a recycling form and submit it along with a request
for a permit. The person who signs the recycling form regarding the
project shall be responsible for filing solid waste and recycling
documentation when the project is completed or at the end of the calendar
year, whichever is first.
C.
All documentation shall be included with the report.
D.
Reports shall be submitted to the Township's Municipal Certified
Recycling Coordinator no later than the 31st day of January for the
previous year.
E.
CONSTRUCTION, RENOVATION AND DEMOLITION DEBRIS RECOVERY PLAN
COVERED PROJECT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A debris recovery plan shall be filed with the Certified
Municipal Recycling Coordinator prior to the commencement of any activity
for which approval is required as further identified above. The debris
recovery plan shall identify the types and estimated quantities of
construction and demolition debris to be generated from the project,
how each material will be managed, and the name of each facility or
service provider that the entity will use to manage each material.
The plan shall further detail how the applicant shall ensure that
a minimum of 50% of the materials to be generated will be separated
and recycled.
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required, and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of placement of solid waste materials.
F.
Review of debris recovery plan.
(1)
Approval. A debris recovery plan shall be reviewed by the Certified
Municipal Recycling Coordinator, and approved if it provides for all
of the information required by this article. An approved debris recovery
plan shall be marked "approved" and returned to the owner of the entity
which submitted the plan.
(2)
Denial.
A debris recovery plan shall not be approved if it does not provide
all of the information required by this article. If a debris recovery
plan is not approved, the owner of the entity which submitted the
plan shall be notified in writing that the plan has been rejected,
including the reasons for the rejection. In order to obtain the building
or demolition permit sought, the owner of the entity which will carry
out the construction, renovation, or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Certified Municipal Recycling Coordinator.
G.
Diversion requirement adjustment.
(1)
Application.
If the owner of an entity carrying out a covered project experiences
circumstances that makes it infeasible to comply with the diversion
requirement cited in this article, the owner of the entity may apply
for an adjustment. The owner shall indicate in writing why it is infeasible
to divert 50% of the materials being generated from the covered project
and specify what percentage of diversion could be achieved. Increased
costs to the owner of the entity carrying out the covered project
will not be an acceptable justification for an adjustment.
(2)
Review.
The Certified Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted the Certified Municipal Recycling
Coordinator shall attempt to contact the owner to discuss possible
ways of meeting the diversion requirement.
(3)
Granting
of an adjustment. If the Municipal Recycling Coordinator determines
that it is infeasible for the entity carrying out a covered project
to divert 50% of the generated C&D debris from the covered project,
the percent of diversion required shall be adjusted. The owner shall
be notified in writing of the adjusted diversion requirement. The
owner of the entity carrying out the covered project shall be required
to divert the percent of C&D debris required by the adjustment.
(4)
Denial
of adjustment. If the Certified Municipal Recycling Coordinator determines
that it is feasible for the owner of an entity carrying out a covered
project to meet the diversion requirement cited in this article, the
owner shall be notified in writing of the denial of the diversion
requirement adjustment.
H.
Debris recovery plan reporting requirements; documentation. Upon
completion of the covered project, but before the final inspection,
the owner of the entity carrying out a covered project shall submit,
in person or by certified mail to the Certified Municipal Recycling
Coordinator, the documentation required to demonstrate that the applicant
has met the diversion requirement. The required documentation shall
include the following:
(1)
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project diverted or disposed;
(2)
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
(3)
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
I.
Compliance with diversion requirement. The Certified Municipal Recycling
Coordinator shall review the information submitted pursuant to this
article and determine whether the owner of the entity carrying out
the covered project has complied or failed to comply with the diversion
requirement. The determination regarding compliance will be provided
to the owner of the entity carrying out the covered project in writing.
J.
Appeal. An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this article to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the certified recycling coordinator
shall be final.
K.
Enforcement. The Code Enforcement Official, the Police Department,
the County Department of Health, the Certified Recycling Coordinator,
the Property Maintenance Official, and the Housing Officer are hereby
individually and severally empowered to enforce the provisions of
this article. The respective enforcing official may, in his or her
discretion, post warning stickers for a first offense. An inspection
may consist of dumping and opening of solid waste bags of containers
to detect, by sound or sight, the presence of any recyclable material.
A.
From the time of placement at the curb or in a loading/storage area
described herein for the collection by the Township of Franklin, in
accordance with the terms hereof, items shall be and become the property
of the Township of Franklin or its authorized agent.
B.
It shall be a violation of this article for any person, firm, charity,
corporation, partnership, or employee to collect, pick up or cause
to be collected or picked up any recyclable items placed for collection
by the Township or its authorized agent without the authorization
of the owner.
C.
Any and each collection in violation hereof from one or more properties
shall constitute a separate and distinct offense.
A.
It shall be unlawful to combine designated, unsoiled recyclables
with other solid waste. Failure to source separate designated materials
for recycling is a violation of this article.
B.
It shall be unlawful for solid waste collectors to collect solid
waste that contains visible signs of designated recyclable materials.
It is also unlawful for solid waste collectors to remove for disposal
those bags or containers of solid waste and/or recyclables which visibly
display a warning notice, indicating that the load of solid waste
contains designated recyclable materials and therefore should not
be removed for disposal.
C.
It shall be the responsibility of any person, firm, corporation,
or partnership whose solid waste is not removed because it contains
recyclable materials to properly segregate the uncollected waste for
proper recycling. Allowing such nonseparated refuse to accumulate
shall be considered a violation of this article and the Public Health
Nuisance Code of New Jersey (1953).
D.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of grass clippings, leaves,
or other matter except for recycling collection.
E.
No person shall burn trash or designated recyclables without a permit
issued by the New Jersey Department of Environmental Protection or
its authorized agent.
F.
No person shall place or deposit household or commercial solid waste
or recyclable material in sidewalk receptacles or in unauthorized
private or municipal containers.
G.
No person shall bring, import or solicit any solid waste or recyclable
material(s) generated from outside the Township of Franklin to be
brought into the Township of Franklin for public collection and disposal
or marketing.
A.
Private receptacle: any privately owned/leased receptacle used by
any person other than the owner/lessor without the express permission
of the owner/lessor.
B.
Public receptacle: any publicly owned/leased receptacle used by any
person other than the owner/lessor without the express permission
of the owner/lessor.
Unauthorized landfills include:
No person, firm, charity, corporation, partnership, or employee
shall collect, pick up, or cause to be collected or picked up any
recyclable item placed at the curbline for collection by the Township
or its authorized agent without authorization of the owner.
A.
Any resident or commercial establishment may donate or sell any recyclable
materials to any person, partnership, corporation or charity whether
or not operating for profit. This source must be listed on the recycling
report for businesses.
B.
Said person, partnership, corporation, or charity may not, however,
under any circumstances, pick up any recyclable materials set out
for collection by the Township of Franklin without authorization of
the owner.
A.
Prohibition of the collection of solid waste mixed with recyclable
materials.
(1)
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
(2)
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this article and the local sanitary
code.
(3)
Once placed in the location identified by this article, or any rules
or regulations promulgated pursuant to this article, no person, other
than those authorized by the municipality, shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
B.
It shall be the responsibility of the Superintendent of Public Works
and/or the Township Code Enforcement Officer and/or the Police Department
and/or Health Department and their designated agents to enforce all
provisions of this article.
C.
The Code Enforcement Official, the Certified Recycling Coordinator,
the Property Maintenance Official, the Housing Officer, and the Gloucester
County Department of Health are hereby individually and severally
empowered to enforce the provisions of this article. An inspection
may consist of sorting through containers and opening of solid waste
bags to detect, by sound or sight, the presence of any recyclable
material.
A.
Any person, corporation, occupant, or entity that violates or fails
to comply with any provision of this article or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this article occurs shall be considered
a separate offense. (NOTE: Municipalities are empowered to incorporate
the provisions of N.J.S.A. 40:49-5 into their Ordinance. This provision
may be viewed at the New Jersey legislative website).
B.
Fines levied and collected pursuant to the provisions of this article
shall be immediately deposited into the Municipal Recycling Trust
Fund (or equivalent). Monies in the Municipal Recycling Trust Fund
shall be used for the expenses of the municipal recycling program,
including but not limited to education, recycling equipment, recycling
pails, and advertisement.
C.
Severability; effective date. In the event that it is determined,
by a court of competent jurisdiction, that any provision or section
of this article is unconstitutional, all other sections and provisions
shall remain in effect. This article shall take effect immediately,
unless otherwise provided by resolution of the governing body.
D.
Placing trash or recyclables out for collection early.
(1)
First offense: $100.
(2)
Second offense committed within one year of the written warning infraction:
$250. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
(3)
Third and subsequent offenses committed within one year of the written
warning infraction: $500. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
E.
Failure to separate recyclables from solid waste.
(1)
(2)
Nonmunicipal collection.
(c)
Failure to file a recycling form or report.
[1]
First offense: $250. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
[2]
Second and subsequent offenses: $500. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
G.
Failure to contain solid waste.
(1)
Municipal collection.
(a)
First offense: $250. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
(b)
Second and subsequent offenses: $500. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
(2)
Nonmunicipal collection.
(a)
First offense: $250. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
(b)
Second and subsequent offenses: $500. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
H.
Placing household or commercial solid waste or recyclables in public
receptacles.
(1)
First offense: $250. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2)
Second and subsequent offenses: $500. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
I.
Accepting solid waste or recyclable materials for disposal in an
unlicensed disposal facility.
(1)
First offense: $1,000 and perform the cleanup or be responsible for
the cleanup costs. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such.
(2)
Second and subsequent offenses: $5,000 and perform the cleanup or
be responsible for the cleanup costs. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
L.
Dumping.
(1)
First offense: $500 to $1,000 and perform the cleanup or pay for
cleanup costs. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
(2)
Second and subsequent offenses: $1,000 to $5,000 and perform the
cleanup or pay for cleanup costs. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
N.
Importing out of Township generated solid waste or recyclables for
public collection.
(1)
First offense: $1,000 and perform the cleanup or pay for cleanup
costs and/or subject to noncollection of material. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
(2)
Second and subsequent offenses: $2,500 and perform the cleanup or
pay for cleanup costs and/or subject to non-collection of material.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
[Adopted 11-14-2006 by Ord. No. O-13-2006; amended in its
entirety 6-23-2009 by Ord. No. O-6-2009]
The purpose of this article is to establish a yard waste collection
and disposal program in the Township of Franklin, County of Gloucester,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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 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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
Leaves and grass clippings.
A.
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.
B.
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 article.
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 article.
The provisions of this article shall be enforced by the Township
of Franklin Police Department.
[Amended 9-27-2022 by Ord. No. O-22-22]
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine of a minimum of $250 and
a maximum of $500.
