[Added 9-20-2011 by Ord. No. 15-2011]
A. 
Pursuant to N.J.S.A. 40:48-2, the Legislature of the State of New Jersey authorized municipalities to adopt laws, that are not contrary to the laws of the state or the United States, that it deems necessary and proper for the good government, order and protection of persons and property, and for the preservation of public health, safety and welfare of the municipality and its inhabitants.
B. 
The Solid Waste Management Act was made effective on May 6, 1970 (N.J.S.A. 13:1E-1 et seq.). The purpose of the Act was to establish a framework for the coordination of solid waste collection, disposal and utilization activity within the state.
A. 
The governing body of the municipality finds that the orderly collection, disposal and utilization of yard waste is a matter of important public concern to all residents living within the municipality. The efficient source separation, collection and disposal of yard waste aids in the control of pollution and protects the public health, safety and welfare.
B. 
The terms and provisions of this article are to be liberally interpreted so as best to achieve the purposes set forth herein. This article shall be interpreted in harmony with the Solid Waste Management Act[1] and the current Cumberland County Solid Waste Management Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A. 
The Commissioner in charge of the Streets and Roads Department is hereby authorized to promulgate rules for the enforcement of this article.
B. 
The Municipal Recycling Coordinator is primarily responsible for the enforcement of these regulations. However, the Commissioner is authorized to designate such other municipal employees as may be necessary to assist in the enforcement of the rules and regulations.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BRUSH
Branches, sticks, tree limbs, twigs and vines that are no larger than 12 inches in diameter and no longer than six feet in length.
COMMINGLE
To combine or consolidate different types of solid waste at the point of generation or origin.
CONTAINERIZED
The placement of yard waste in a plastic bag so as to prevent the yard waste from blowing or spilling out into the street and coming into contact with stormwater.
CURB
The area closest to the shoulder of the alley, highway, road or street. In the absence of a shoulder, it means the area closest to the traveled portion of the alley, highway, road or street.
CURBSIDE
The area between the curb and the sidewalk. In the absence of a curb or sidewalk, it means the area closest to the curb as defined herein without endangering traffic safety or obstructing pedestrian travel.
LEAF COMPOSTING FACILITY
A solid waste facility which is designed and operated solely for the purpose of composting leaves, and shall also include leaf mulching operations on land being actively devoted to agricultural or horticultural use.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings or structures in which five or more dwelling units are rented or leased or offered for rental or lease for residential purposes, except hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined in the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et. seq.).
PERSON
Any individual, firm, partnership, corporation, association, cooperative, enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty, or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers or directors.
SOURCE SEPARATION
To separate different types of solid waste at the point of generation or origin.
STREET
Any avenue, boulevard, drive, parkway, road, street, viaduct, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, as may comprise curbs, gutters, parking areas, pavement, shoulders, sidewalks, and other areas within the street lines.
YARD WASTE
Branches, brush, grass clippings, leaves, stumps and parts of trees, and trimmings from bushes, plants and other vegetation.
A. 
Residential dwellings. It shall be mandatory for all persons who are owners, tenants or occupants of residential dwellings within the municipality to separate yard waste from other solid waste. Designated yard waste shall be placed separately at the curbside in a manner and on such days and times as may be established by the municipality.
B. 
Multifamily dwellings. It shall be mandatory for all persons who manage or own multifamily dwellings within the municipality to separate designated yard waste from other solid waste. Designated yard waste shall be placed separately at the curbside in a manner and on such days and times as may be established by the municipality. If this is not practical, then the management or owner shall provide for the proper source separation, collection and recycling of yard waste.
C. 
Nonresidential establishments. Nonresidential establishments include commercial, industrial and institutional generators of yard waste. It shall be mandatory for all persons who own or operate nonresidential establishments within the municipality to separate yard waste from other solid waste. Designated yard waste shall be separated, collected and recycled by the owner or operator or their designee.
[Amended 3-15-2019 by Ord. No. 15-2019]
A. 
There is hereby established within the municipality a curbside program for the collection of designated yard waste. This program is for residential customers residing within the municipality whose yard waste is collected at the curbside by the municipality.
B. 
The collection of grass clippings, leaves and trimmings from small bushes and plants shall be made once every week for each customer. Collection shall occur in accordance with a schedule established by the Director of the Streets and Roads Department. This type of yard waste shall be containerized in plastic bags and placed at the curbside for collection by the municipality.
[Amended 7-5-2022 by Ord. No. 26-2022]
C. 
Loose brush, which shall include branches, tree limbs, trunks, sticks and other vegetation no larger than 12 inches in diameter and no longer than six feet in length, but shall not include stumps, will be collected by the municipality two times per year, in accordance with a schedule established by the Director of the Streets and Roads Department. Collection will take place on a variable schedule that follows a systematic route that encompasses the entire municipality. This route will then be repeated on a regularly recurring basis so that the entire municipality is covered each time. The specific locations and times for loose brush pickup will vary depending upon the volume of loose brush encountered and the workload requirements of municipal employees.
[Amended 7-5-2022 by Ord. No. 26-2022]
D. 
The municipality will designate a month in the spring and two months in the fall each calendar year for the general cleanup of yard waste. During these periods, yard waste may be placed at the curbside without being containerized.
E. 
It shall be unlawful for any person to place yard waste at the curbside for collection containing brush, tree limbs, tree stumps or trunks that are larger than 12 inches in diameter and longer than six feet in length.
F. 
It shall be unlawful for any person to place containerized yard waste at the curbside for collection more than 12 hours in advance of the day designated for collection by the municipality.
G. 
It shall be unlawful for any person to leave containerized yard waste at the curbside more than 12 hours after the day designated for collection by the municipality.
H. 
It shall be unlawful for any person to commingle yard waste with other types of solid waste and place it at the curbside for collection by the municipality.
A. 
The owner, occupant or tenant of any residential dwelling shall comply with the rules and regulations established by the municipality.
B. 
For multifamily dwellings, the management or owner is responsible for setting up and maintaining the recycling system for yard waste, including the proper separation, collection and recycling of yard waste in accordance with the rules and regulations established by the municipality. Violation and penalty notices will be directed to the owner or management in those instances when the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
A. 
Nonresidential establishments include commercial, industrial and institutional generators of yard waste. Any person who owns or operates a nonresidential establishment shall comply with the rules and regulations established by the municipality.
B. 
Any person who owns or operates a nonresidential establishment that generates yard waste shall arrange for the proper separation, collection and recycling of the yard waste.
C. 
Any person who owns or operates a nonresidential establishment that generates yard waste shall report on an annual basis to the Municipal Recycling Coordinator on recycling activities involving yard waste at their premises. The forms shall be prescribed by the Municipal Recycling Coordinator and shall include the amount of yard waste by type collected and recycled, and the vendor or vendors providing the recycling service.
A. 
It shall be unlawful for any person to blow, rake, sweep or otherwise place loose yard waste closer than 10 feet to any storm drain inlet.
B. 
It shall be unlawful for any person to blow, rake, sweep or otherwise place loose yard waste at the curbside for collection by the municipality, which is at a location or time not authorized by the municipality.
C. 
It shall be unlawful for any person to commingle yard waste with other solid waste and place it at the curbside for collection by the municipality.
D. 
It shall be unlawful for any person to commingle grass clippings, leaves and trimmings from small bushes and plants with other yard waste and place it at the curbside for collection by the municipality.
Any person who violates the provisions of this article shall be subject to a penalty of not less than $250 nor more than $1,000 for each offense. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.