Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as Ch. XV of the 1973 Code; amended in its entirety 9-20-1999 by Ord. No. 1999-17. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and trash — See Ch. 103.
Littering — See Ch. 188.
Recycling — See Ch. 227.

§ 162-1 Definitions.

As used in this chapter, the Following terms shall have the meanings indicated:
ASHES
The residue from fires used for cooking foods and heating buildings, with the exception as set forth in § 162-6, such as floor sweepings as may accumulate in connection with the ordinary daily use of dwellings and stores.
BRUSH
Tree or hedge trimmings not less than two inches nor more than 12 inches in diameter that can be chipped.
BULK TRASH
Refuse and garbage that, due to its size, cannot fit into the automated trash collection container, except materials that can be recycled.
CONTAINER
The automated trash collection container provided by the Township to each resident for the collection of garbage and refuse.
CONCRETE
Items made of cement, clay, sand, gravel and water to form such items as sidewalks, curbs, walls, bricks, blocks and patios. Brick pavers shall also be included under this definition.
GARBAGE
The meat and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
HAZARDOUS MATERIALS
Paint, solvents, cleaners, stains, thinners, finish removers, acids, bases, gasoline, kerosene, oil, antifreeze, hydraulic fluid, fluorescent lights, batteries, pesticides, herbicides, propane, tank cylinders and all other dangerous, highly volatile or explosive matter, in either liquid, gaseous or solid form.
LOGS
Tree limbs or trunks over 12 inches in diameter
METAL
Ferrous and nonferrous metallic items that are not defined as "cans" under Chapter 227 or "hazardous materials" in this section.
REFUSE
Ashes, rubbish, tires and waste paper.
RUBBISH
Rags, old clothes, leather, rubber, carpets, pressure treated wood, excelsior, sawdust, tree or hedge trimmings other than brush, stumps, any other combustible solids not considered by the Township to be of a highly volatile or explosive nature, metal shavings, crockery and other similar materials that can not be recycled per Chapter 227, but not the wastes resulting from building construction or alteration work. It shall also include any small accumulation of cellar or yard dirt.
STREET, CURB, SIDEWALK or ALLEY
Any accepted street, curb, sidewalk or alley.
TIRES
Rubber used for wheels on cars, trucks and farm equipment up to 48 inches in height and 12 inches or less in width. Not included in this definition is forklift tires or any other industrial-type tire.
TRADE WASTE
All material resulting from the prosecution of any business, trade or industry conducted for profit, and including but not limited to paper, rags, leather, rubber, cartons, boxes, wood, excelsior, sawdust, garbage and other combustible solids, except manure, not considered by the Township to be of a highly volatile or explosive nature, metals, metal shavings, wire, tin cans, cinders, earth and other materials.
WASTE MATERIAL
All or any garbage, refuse, waste paper or ashes, no matter how originating, wastes from building construction or alteration work or cellar or yard dirt.
WASTE PAPER
Waxed paper, plastic or foil-coated paper, envelopes with glassine windows, carbon paper, blueprint paper, food contaminated paper, soiled paper, thermal fax paper and all other paper products that cannot be recycled.
WHITE GOODS
Includes the following home appliances; refrigerators; freezers; dehumidifiers; air conditioners; washers; dryers; dishwashers; water heaters and stoves.
WOOD
Lumber (nonpressure treated), logs, plywood, moldings, wooden furniture and particleboard.

§ 162-2 Removal of waste required; regulations.

A. 
Removal required. All waste material of any nature which shall be made and accumulated in the dwelling houses, hotels, stores, markets and other buildings or premises in the Township shall either be removed by the Township in accordance with the regulations set forth herein or by an authorized private collector, except that waste resulting from building construction or alteration work shall be removed as soon as possible by the owner of the premises or the contractor performing such work.
B. 
Accumulation of waste restricted. No person shall accumulate or permit, suffer or allow the accumulation in any building or on any premises owned, occupied or controlled by him of any waste material for a period longer than the period from one collection day to the next ensuing collection day.
C. 
Removal by Township.
(1) 
The Township, by its designated agents and employees, will collect and remove at no direct cost to the residents, dwelling house or other buildings in the Township only the waste matter as classified herein when such waste matter is placed into proper containers or bundles and offered for collection in the quantity and matter prescribed herein.
(2) 
Waste material that may be classified as refuse and garbage, as defined in § 162-1, will be collected by the Township on a once-per-week basis, provided that these materials are prepared, held and stored in the manner required in § 162-4 and provided that quantities as set forth in § 162-6 are not exceeded.
(3) 
The Township will collect bulk trash on a monthly basis.
(4) 
The Township will collect properly stickered white goods on the regularly scheduled weekly collection day.
(5) 
Brush resulting from normal property maintenance or storm damage will be collected by the Township that is less than 10 inches in diameter. Brush resulting from lot clearing and/or tree removal for any purpose that is generated by a contractor hired by the owner, or done by the owner themselves, shall be the responsibility of the property owner.
[Amended 8-15-2005 by Ord. No. 2005-21; 9-6-2011 by Ord. No. 2011-8-010]
(6) 
The Township shall not be obligated to collect any materials not left in a manner not in full compliance with the regulations provided herein nor garbage or refuse that is not left in the containers described herein and provided by the Township.
(7) 
No municipal employee shall collect any of the items referred to in § 162-4 hereof unless and until such items are prepared for municipal collection and disposal, as referred to and as directed in § 162-4, unless otherwise directed by the Director of Public Works.
D. 
Items not removed by the Township.
(1) 
Asphalt pavement, branches and brush over 10 inches in diameter, block, brick, concrete, decks, fences, masonry, roof shingles, sheds, sod and oversized tires by nature of their weight and size will not be picked up or disposed of by the township. The property owner shall make arrangements with a private company for their disposal.
[Amended 8-15-2005 by Ord. No. 2005-21]
(2) 
Hazardous materials shall not be placed in a container or set out for collection either by itself or in conjunction with any other material. Residents are required to call the Department of Public Works for proper disposal of hazardous materials.
E. 
Township collectors not to enter buildings. Township refuse collectors are prohibited from entering upon any privately owned lands, streets, service areas, driveways, alleys or buildings or portions of any such building, such as a vestibule, kitchen, pantry, cellar or boiler room, for the purpose of removing refuse material to the curb for collection except as provided in § 162-9.
F. 
Only authorized persons to remove. It shall be unlawful for any person, except an employee of the Township in the discharge of his duties or an authorized waste collector, to collect, pick up, rake up or in any way disturb the garbage or other waste material of whatever nature deposited in any receptacle or laid or placed on any street or public place for collection in accordance with the provisions of this section.
G. 
Recyclable materials are collected curbside by Burlington County in accordance with schedules and regulations set forth by the County's Office of Solid Waste Management.

§ 162-3 Receptacles.

A. 
Duty to provide.
(1) 
Residential refuse and garbage shall only be placed in the containers provided by the Township for that purpose. Effective the date of this chapter being adopted, each real property owner within the Township that is presently having his or her solid waste collected by the Township shall receive one automated trash collection container. The Township shall stock thirty-five-, sixty-five- and ninety-five-gallon size containers for the resident to select from. Each such owner may purchase from the Township one additional container of the above sizes for collection by the Township at the following rates:
(a) 
A fee of $80 shall be charged to any real property owner purchasing an additional ninety-five-gallon container.
(b) 
A fee of $60 shall be charged to any real property owner purchasing an additional sixty-five-gallon container.
(c) 
A fee of $40 shall be charged to any real property owner purchasing an additional thirty-five-gallon container.
(2) 
Any future residential dwellings constructed or residential properties created by subdivision after the effective date of this chapter shall be required to purchase containers for use with the automated system from the Township at the above rates.
(3) 
In industrial buildings, restaurants, businesses, markets, commercial stores or similar establishments, the receptacles shall be procured and maintained by the owner or tenant.
B. 
Number required. For the purposes of this section, "sufficient" shall mean at least one container. The Township shall collect no more than two containers from any separate parcel of real property identified in Subsection A(1) above. Properties identified in Subsection A(2) above shall provide as many more receptacles as are necessary to completely contain all waste materials generated or accumulated during the period from one collection day to the next ensuing collection day.
C. 
Specifications. For the purposes of this section, "suitable" shall be defined as follows:
(1) 
For the properties identified in Subsection A (1) above this shall only be the container provided by the Township.
(2) 
For the properties identified in Subsection A(3), a receptacle of suitable size for its intended purpose, to be weathertight with windproof covers. Such receptacles shall be cleaned and sanitized as needed after emptying, and the contents shall be collected and disposed of by an authorized private collector.
D. 
Baskets prohibited. The use of baskets as receptacles for waste materials shall not be permitted.
E. 
Damaged containers. The Township shall be responsible for maintenance of those containers identified in Subsections A(1) and A(2) above. All other receptacles shall be maintained by the owner.
F. 
Time of placing and removing.
(1) 
Weekly collection. It shall be unlawful for any person to place any container on any street, curb, sidewalk, or alley no earlier than 6:00 p.m. on the day before this day fixed for collection and no later than 6:30 a.m. the day of collection. It shall be unlawful for any person to allow or permit any empty container to remain upon such street, curb, sidewalk or alley more than 12 hours after the contents have been collected.
(2) 
Bulk collection. It shall be unlawful for any person to place any material for bulk collection on any street, curb, sidewalk or alley no earlier than the Saturday before the day fixed for collection and no later than 6:30 a.m. the day of collection.
G. 
Placement of receptacles.
(1) 
Each container shall be placed for collection just inside the curbline and at the place designated by the Township for collection, which shall be free from obstruction to the automated collection system operating as designed.
(2) 
Containers awaiting collection shall be stored or kept in such place so as not to become a nuisance to the occupants of any building, and at no time shall they be kept under or adjacent to the windows of any such building.

§ 162-4 Preparation of waste for collection.

A. 
Garbage. Garbage shall be thoroughly drained of all water, wrapped securely in paper or plastic bags and placed in a container as described in § 162-3.
B. 
Refuse. Refuse shall be wrapped securely in paper or plastic bags and stored in a container as described in § 162-3 that may be the same container used to contain the wrapped garbage.
C. 
Filling of containers. All containers used for the purpose herein described shall not be filled above the top rim of the container so as to prevent the hinged lid from properly closing, and when so filled shall be of such a weight not exceeding 200 pounds.
D. 
Bulk trash. Materials of such nature that they cannot be deposited in the automated container due to their size shall be securely and properly tied into bundles or packaged to prevent spilling while being handled by the Township employees or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall not exceed 50 pounds in weight. These bundles and packages will be collected on the scheduled bulk collection day.
E. 
Wood and metal. Wood and metal are recycled by the Township at a lower cost than depositing them in the county landfill. These items will be collected on the regular weekly collection day. They are to be separated from each other and the container and tied into bundles or packaged to prevent spilling while being handled by the Township employees or while such bundles or packages are located on the sidewalk awaiting collection. The bundles or packages shall be of a size and weight to permit ease of handling by one person and shall not exceed 50 pounds in weight.
F. 
Brush. Brush shall be stacked near the edge of the roadway with the cut ends all facing in one direction.
G. 
Tree twigs, hedge trimmings and similar materials not meeting the definition of brush shall be cut to a length not to exceed four feet and securely tied in bundles not more than two inches thick and will be collected on the scheduled bulk trash collection day. Material that cannot be bundled shall be placed in suitable receptacles and will also be collected on the scheduled bulk collection day.
H. 
Leaves. Leaves shall be placed in paper or plastic bags and shall not be placed loose or in piles on the sidewalk, gutters or streets where the same may be dispersed by wind, forces of nature, passersby or traffic, except during the months of November and December. Leaves or other material specified within this chapter shall not be burned in any street, alley, highway or property. Leaves that are bagged shall be collected on the scheduled bulk collection day.
I. 
Grass. The Township encourages all residents to utilize mulching mowers to cut their grass and leave it in place. Grass that is collected by the resident for disposal shall be placed in plastic bags and shall not be placed loose. Each bag of collected grass shall weigh no more than 30 pounds. Residents are required to purchase grass collection stickers available at the Municipal Building. The Township shall set the price of grass collection stickers annually. One sticker is required to be placed on each bag of grass. The Township will then collect the bagged grass that has a proper sticker on the weekly scheduled collection day.
J. 
White goods. It is required that the residents remove the doors from refrigerators and/or freezers prior to collection by the Township. Residents are required to purchase white goods collection stickers available at the Municipal Building. The Township shall set the price of White Goods Collection Stickers annually. One sticker is required to be placed on each appliance. The Township will then collect the appliance that has a proper sticker on the weekly scheduled collection day.
K. 
Tires. Tires meeting the definition under § 162-1 shall be collected and disposed of by the Township on the scheduled bulk collection day. Residents are required to purchase tire collection stickers available at the Municipal Building. The Township shall set the price of tire collection stickers annually. One sticker is required to be placed on each tire. The Township will then collect the tire that has a proper sticker on the scheduled bulk collection day.
L. 
Compressed gas tanks. Compressed gas tanks used for propane, oxygen or any other gas shall be collected and disposed of by the Township on the scheduled bulk collection day. Residents are required to purchase tank collection stickers available at the Municipal Building. The Township shall set the price of tank collection stickers annually. One sticker is required to be placed on each compressed gas tank. The Township will then collect the tank that has a proper sticker on the scheduled bulk collection day.

§ 162-5 Schedule of collection sticker fees.

Following are the fees for collection stickers:
Item Description
Individual Sticker Fee
Grass
$2
Tanks
$12
Tires
$5
White goods
$10

§ 162-6 Trade waste not collected by Township.

When trade waste, as defined in § 162-1, exceeds a total of 25 pounds in weight at any one collection, such trade waste shall not be collected by the Township, but the producer thereof shall at his own expense have these materials disposed.

§ 162-7 Ashes from steam power plants.

Ashes, as defined in § 162-1 and to be collected by the Township, shall not include the fuel residue from steam power plants. Ashes from boilers heating buildings shall be collected by the Township, but where such boilers are also used for lighting or power purposes, the ashes shall not be collected by the Township if those resulting from light or power generation exceed 10% of the total ashes produced by the boilers.

§ 162-8 Interference with Township agents prohibited.

No person shall prevent or interfere with any agent or employee of the Township in the discharge of his duties in the collection of garbage, ashes or refuse or in the sweeping or cleaning of any street or in the removal therefrom of sweepings, ashes, garbage, rubbish, paper, snow, ice or other refuse material.

§ 162-9 Adoption of additional rules and regulations; unaccepted areas.

A. 
Power to adopt. To ensure the effective operation of the provisions of this chapter, the Director of Public Works is authorized to make, from time to time, such written rules, regulations or orders as may be necessary or expedient to further implement the provisions of this chapter.
B. 
Publication and filing. No rule, regulation or order shall be effective until it has been filed with the Township Clerk and published at least once in the newspaper in which Township ordinances are published.
C. 
Violations. No person shall violate any written rule, regulation or order made by the Director of Public Works pursuant to this chapter.
D. 
Collection from unaccepted areas. When it shall appear to be more efficient for collection by the Township, the Director of Public Works, in his sole discretion, upon written request or permission by the owner, may authorize and order the Township collectors to enter upon and collect garbage and refuse placed at the curbline or side line of such unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare or area as he may designate, subject to such conditions as he may impose. Such collection service shall not be construed to be an acceptance of any such unaccepted thoroughfare or area.

§ 162-10 Disposal of waste.

All trash and garbage collected within the Township of Lumberton shall be disposed of by the sanitary landfill or incinerator method in accordance with the standards for the design, operation and maintenance of sanitary landfills and incinerators contained in the State Sanitary Code.

§ 162-11 Public landfill.

The public landfill area was closed on December 31, 1991, and is no longer in operation. Any resident leaving any material at this site will be subject to a fine in accordance with § 162-13 of this chapter.

§ 162-12 Collection of trash from Sunnybrook development.

A. 
Provisions for collection. In addition to the collection of trash on public streets accepted or dedicated for public use by the municipality, trash shall be collected on the undedicated, unaccepted private streets of the development known as "Sunnybrook" by the Township of Lumberton in accordance with a uniform schedule of trash collection established by the Township, provided that all the following criteria for the provision of said collection service shall be met:
(1) 
The Sunnybrook Association shall formally request, in writing, the aforesaid trash collection service.
(2) 
The Sunnybrook Association shall execute a written agreement satisfactory to the Township both as to form and content, which agreement shall hold the Township of Lumberton harmless regarding any damage done by the Township's employees or collection vehicles to roadways or any private property in Sunnybrook. The Township of Lumberton shall not be liable for the costs of any necessary maintenance or improvements to the roadways or any property of the Association.
(3) 
A determination is required by the Township that the physical circumstances of the subject streets in Sunnybrook permit:
(a) 
Proper storage of trash so as to avoid the creation of a public health nuisance.
(b) 
Ease and efficiency of collection using existing types of Township equipment.
(c) 
The safe maneuvering of equipment in the collection process.
(4) 
The recipients of the service shall comply with all conditions of service established by the Township. Examples of conditions of service shall include but not be limited to:
(a) 
Physical location of trash containers at time of collection.
(b) 
Type of trash containers consistent with containers required throughout the community.
(c) 
Frequency of pickup consistent with trash collection on accepted public streets.
(d) 
Parking restrictions on streets and courts where necessary, in the discretion of the Township.
(5) 
A formal determination is required by the Township that there exists a sufficient volume of trash generated in the development of Sunnybrook to warrant the expenditures created by the trash collection. The determination shall not affect or require the provision of other types of municipal services on any of the subject streets whatsoever.
B. 
Section to supersede contrary provisions. The terms of this section shall supersede whatever contrary provisions exist in any approval granted by the Lumberton Township Planning Board or Zoning Board of Adjustment.
C. 
Approval of containers; collection program. Trash placed for collection on nonaccepted private streets of Sunnybrook must be placed in a type of container approved by the Township. The Director of the Public Works Department shall implement a fair and reasonable collection program for the development of Sunnybrook.
D. 
Basis for adoption of section. This section is adopted based upon the unique factual circumstances presented by the development of Sunnybrook (constituting individually owned parcels of land) and so recognized by the Township, and this section shall have no application to any other development or apartment complex or to proposed trash collection on any other private property or undedicated and unaccepted roadways in the Township.

§ 162-13 Violations and penalties.

A. 
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not less than $100.