[HISTORY: Adopted by the Township Council of the Township
of Allamuchy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-3-1982 (Ch. 83, Art. I, of the 1981 Code)]
As used and referred to herein, the following terms shall have
the meanings indicated:
Any waste material in the process of or subject to decomposition
or decay incident to ordinary domestic or business use or purpose,
including kitchen refuse and animal or vegetable matter.
The owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises affected by this article, whichever
classification, either individually or jointly, may be appropriate
and effective for its enforcement.
Those types of paper products, such as newspaper, flattened
cardboard cartons and periodicals, capable of being securely and properly
tied into bundles or other packages in a manner to prevent any scattering
or spilling.
Any natural person or legal entity.
All miscellaneous waste materials, such as rags, paper products,
wood and metal scraps, sawdust, rubber, bottles, cans, glass, crockery
and any other similar or analogous materials or substances.
The occupant of each residential and nonresidential premises
in the Township where garbage shall accumulate shall:
A.
Provide and keep on such premises sufficient and suitable receptacles,
equipped with tight-fitting covers and not exceeding 32 gallons in
capacity, for receiving and holding such garbage.
B.
Place such garbage in such receptacles pending collection thereof.
C.
Prior to placing such garbage in such receptacles, drain the garbage
of water and wrap the same securely in paper.
D.
When and if the receptacles are placed at the curb for collection,
remove the receptacles from the curb to the premises within the same
day of collection.
Subject to the provisions of § 259-4 hereof, the occupant of each residential and nonresidential premises in the Township where trash shall accumulate shall:
A.
Provide and keep on such premises sufficient and suitable receptacles,
equipped with tight-fitting covers and not exceeding 32 gallons in
capacity, for receiving and holding such trash.
B.
Place such trash in such receptacles pending collection thereof.
C.
When and if the receptacles are placed at the curb for collection,
remove the receptacles from the curb to the premises within the same
day of collection.
Paper and materials of such nature that they cannot be placed in receptacles pursuant to § 259-3 hereof may, in lieu of being placed in receptacles pursuant to § 259-3 hereof, be tied by the occupant into bundles or packages pending collection thereof, provided:
A.
They are securely and properly tied in a manner to prevent any scattering
or spilling thereof.
B.
They are, pending collection, stored either indoors on the premises
or outdoors in a shed or other enclosure, which does not conflict
with and is permitted under the Zoning Ordinance[1] or other applicable ordinances of the Township, so that
the same shall neither be subject or exposed to nor affected by snow,
rain and other conditions.
[Added 12-1-1988]
All refuse dumpsters are to be enclosed by a fence.
The provisions of this article shall be enforced by the Sanitary
Inspector.
A.
B.
Every day that a violation of this article exists shall constitute
a separate offense hereunder.
C.
Nothing herein contained shall prevent the Township from seeking
injunctive or other relief to prevent violations of this article,
and said remedies shall be in addition to and not in limitation of
the remedies herein provided for violation hereof.
[Adopted 5-19-2009 by Ord. No. 2009-04]
As used in this article, the following terms shall have the
meanings indicated:
An activity involving the sale of goods or services carried
out for profit.
A combining of nonputrescible source-separated recyclable
materials for the purpose of recycling and to include glass (food
or beverage containers); aluminum (beverage containers, clean foil
sheets and pie plates); tin cans (steel and tin plated); plastics
[clear plastic containers (PETE #1) and colored plastic containers
(HDPE #2)].
Those materials designated within the Warren County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include but are not limited to commingled
materials, as defined herein, and paper, as follows:
CORRUGATEDContainers and similar paper items usually used to transport supplies, equipment parts or other merchandise;
MIXED OFFICE AND COMPUTER PAPERAny and all types of office type paper, including, but not limited to, computer paper, high-grade white paper, typing paper, copier paper, onionskin, tissue paper, notepad, envelopes, manila folders and colored paper, or any mix thereof; and
NEWSPAPERAll paper marketed as newsprint or newspaper and containing at least 70% newsprint or newspaper (American Forest and Paper Association Grades #6, #7 and #8 news), as well as any other recyclable materials that may be designated by the County of Warren and the Township of Allamuchy from time to time.
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or has sleeping
facilities for 25 or more persons and is kept, used, maintained, advertised
as, or held out to be a place where sleeping or dwelling accommodations
are available to transient or permanent guests.
This definition shall also mean and include any hotel, motor
hotel, motel or established guesthouse which is commonly regarded
as a hotel, motor hotel, motel, or established guesthouse, as the
case may be, in the community in which it is located, provided that
this definition shall not be construed to include any building or
structure defined as a multiple dwelling in this act, registered as
a multiple dwelling with the Commissioner of Community Affairs as
hereinafter provided, and occupied or intended to be occupied as such,
nor shall this definition be construed to include a rooming house
or a boardinghouse as defined in the Rooming and Boarding House Act
of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.) or except as
otherwise set forth in P.L. 1987, c. 270 (N.J.S.A. 55:13A-7.5, 55:13A-7.6,
55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined
in this section.
Any building or structure or complex of buildings in which
three or more dwelling units are rented or leased or offered for rental
or lease for residential purposes (see N.J.S.A. 13:1E-99.13a.), except
hotels, motels or other guesthouses serving transient or seasonal
guests as those terms are defined under subsection (j) of Section
3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A.
55:13A-1 et seq.).
All solid waste generated at residential, commercial and
institutional establishments within the boundaries of the Township
of Allamuchy.
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 materials or products.
Recyclable materials which are separated at the point of
generation by the generator thereof from solid waste for the purposes
of recycling.
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.
The person or persons appointed by the Allamuchy Township
Mayor and Council and who shall be authorized to enforce the provisions
of this article and any rules and regulations which may be promulgated
hereunder.
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 Township of Allamuchy, to separate 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
Mayor and Council of the Township of Allamuchy.
B.
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body
of a municipality may exempt persons occupying commercial or institutional
premises within its municipal boundaries from the source-separation
requirements of the article which require persons generating municipal
solid waste within its municipal boundaries to source-separate from
the municipal solid waste stream the specified recyclable materials,
if those persons have otherwise provided for the recycling of all
designated recyclable materials. To be eligible for an exemption pursuant
to this article, a commercial or institutional generator of solid
waste shall file an application for exemption with the Township Recycling
Coordinator on forms to be provided for this purpose. The form shall
include, at a minimum, the following information: the name of the
commercial or institutional entity; the street address location and
lot and block designation; the name, official title and phone number
of the person making application on behalf of the commercial or institutional
entity; the name, address, official contact person and telephone number
of the facility which provides the service of recycling those designated
recyclable materials, and a certification that the designated recyclable
materials will be recycled, and that, at least on an annual basis,
said recycling service provider shall provide written documentation
to the Township Recycling Coordinator of the total number of tons
collected and recycled for each designated material.
The collection of recyclable material shall be in the manner
prescribed as follows:
A.
All containers containing recyclable materials shall be placed, prior
to collection, between the curb and the sidewalk or, in the absence
of curb and sidewalk, as near to the street as not to constitute a
danger, where such receptacles shall be readily accessible to the
collector without providing obstruction to pedestrians. The owner
or occupant of the premises shall keep all receptacles clean and in
safe handling condition.
B.
All receptacles or dumpsters shall be kept in a clean and safe manner.
A.
The owners/occupants of single-family and two-family dwellings shall
be responsible for compliance with this article.
B.
For multifamily units, the management or owner is responsible for
setting up and maintaining the recycling system, including the designation
of a building/complex recycling coordinator who will oversee the recycling
system which includes the collection of recyclable materials.
C.
Violations and penalty notices will be directed to the owner, occupant
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.
A.
All commercial, business or industrial facilities 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 its designee, unless the Township provides for the
collection of designated recyclable materials from commercial, institutional
or industrial properties. All commercial, institutional or industrial
properties which provide outdoors 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.
Annually every business, institution or industrial facility shall
report to the Township Recycling Coordinator the recycling activities
undertaken at its premises, including the amount of recycled material,
by material type, collected and recycled and the vendor or vendors
providing recycling service. The forms to be used will be provided
by the Municipal Recycling Coordinator.
D.
All food service establishments, as defined in the applicable 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 records as may be prescribed
for inspection by any Code Enforcement Officer.
A.
Any application to the Land Use Board of the Township of Allamuchy
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.
(3)
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Municipal Engineer.
B.
Prior to the issuance of a certificate of occupancy by the Township
of Allamuchy, 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 Township does not otherwise provide this service.
A.
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.
B.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected 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 applicable
health code.
C.
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 Township, shall tamper with, collect,
remove or otherwise handle designated recyclable materials.
The Recycling Coordinator, the Zoning Officer, the Building
Inspector, the Housing Officer or other code enforcement officer,
the State Police and the Warren County Health Department 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.
Any individual, 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 liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. Each day for which a violation of this article occurs shall be considered a separate offense.
