[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-15-1996 by Ord. No. 4-96 (Ch. 44, Art. III, of
the 1977 Township Code)]
All builders, contractors, commercial property owners and/or
private property owners shall file a debris form at the time of application
for a building permit. All builders undertaking construction projects
in the Township of Eagleswood shall, as a prerequisite of the Building
Official's final inspection of the building in question, supply
to the Township Building Official and/or Construction Official verified
written documentation that all debris resulting from said construction
has been properly disposed of, with the location and method of said
disposal being made known therein.
[Added 1-25-2010 by Ord. No. 2010-01]
The Township shall not collect any construction debris generated by builders or private contractors regardless of whether they or a homeowner file the application for a building permit. The Township shall continue to collect certain construction debris only from residents who undertake minor home improvement projects, such as the replacement of doors and windows, or other similar projects. The Township shall not collect construction debris from large home improvement projects such as roof replacements, home additions, the demolition of a structure, or replacement of carpeting or cabinets; nor shall the Township collect drywall or gypsum wallboard that has not been placed in a thirty-gallon container that weighs less than 40 pounds. Final discretion on whether the Township shall collect certain construction debris rests with the Superintendent of Public Works. It is the responsibility of the builder, private contractor or resident, if appropriate, to dispose of the nonrecyclable construction debris properly and provide proof of such disposal in accordance with § 231-1.
[Added 1-25-2010 by Ord. No. 2010-01]
Construction debris generated by projects undertaken by a resident
and eligible for Township collection shall be:
A.
Limited to doors, windows, sheets of plywood and all other construction
debris, except asbestos products and other hazardous materials, that
is placed in a thirty-gallon container that weighs less than 40 pounds.
If said construction debris is not placed within such a container,
it must be placed at curbside in a manner so as not to impede collection.
In no event shall the Township collect drywall or gypsum wallboard
that is not placed in a thirty-gallon container that weighs less than
40 pounds; and
B.
Source-separated for collection.
[Added 1-25-2010 by Ord. No. 2010-01]
The Superintendent of Public Works, as well as the Code Enforcement
Officer, is hereby authorized and directed to enforce the provisions
of this article.
[Amended 1-25-2010 by Ord. No. 2010-01]
A.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction by a court
of competent jurisdiction.
C.
Notwithstanding the aforesaid provisions, the Township of Eagleswood
may authorize all necessary legal action, including the filing of
a lawsuit against any person convicted of violations of any provision
of this article to recoup any costs incurred by the Township of Eagleswood
as a result of said violation.[2]
[Adopted 9-30-2009 by Ord. No. 2009-10]
This article shall be known and may be cited as "the Recycling
Ordinance of the Township of Eagleswood."
The words, terms and phrases used in this article shall have
the following meanings:
Empty all-aluminum beverage and food containers.
Those properties used primarily for commercial purposes and
those multiple-dwelling residential buildings containing more than
four dwelling units.
The placement of leaves in a trash can, bucket, bag or other
vessel such as to prevent the leaves from spilling or blowing out
into the street and coming into contact with stormwater.
Those materials designated within the Ocean County District
Solid Waste Management Plan to be source-separated for the purpose
of recycling. These materials include:
A computer central processing unit and 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.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools, nursing homes, libraries and
governmental offices.
No grass clippings or vegetative materials shall be mixed
in with the leaves.
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-99.13(a)], and shall include 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-3(j)].
The person or persons appointed by the Township Committee
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 Township
of Eagleswood.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinion and containing
advertisements and other matters of public interest. Expressly excluded,
however, are newspapers which have been soiled. Newspapers shall be
deemed soiled if they have been exposed to substances or conditions
rendering them unusable for recycling.
Oil and liquid petroleum products.
Every owner, lessee and occupant of a residence, commercial
or institutional establishment within the boundaries of the Township
of Eagleswood.
Those materials which would otherwise become municipal solid
waste, and which may be collected, separated or processed, and returned
to the economic mainstream in the form of raw materials or products.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure, from which a municipal or
private hauler collects solid waste.
The combination of commingled and paper listed in "dual stream"
above, in one container. Do not include plastic bags, food waste,
paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil,
plastic cups and utensils. No plastic other than bottles. No juice
boxes or bags. No garbage.
Garbage, refuse and other discarded solid material normally
collected by a municipal or private hauler.
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.
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.
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 Eagleswood, 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
Township of Eagleswood.
B.
Exemptions.
(1)
Pursuant to N.J.S.A. 13:1E-99.16(d), the Township of Eagleswood may
exempt persons occupying commercial or institutional premises within
its municipal boundaries from the source-separation requirements of
this 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 Municipal Recycling Coordinator
on forms to be provided for this purpose.
(2)
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 or commercial/institutional
generator shall provide written documentation to the Municipal 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
as 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. Receptacles or other items to be disposed
of shall be placed as noted above at such times and dates as may be
established in the Township's recycling regulations.
B.
Newspapers, multi-paper, school and office papers, junk mail, catalogues,
books with covers removed, and cardboard should be placed in a separate
container with a lid and placed curbside the evening prior to collection.
C.
Separation of leaves and place for disposal.
(1)
All persons within the Township shall, for the periods from March
1 to June 30, and from September 1 to December 31 of each year, separate
leaves from other solid waste generated at their premises and, unless
the leaves are stored or recycled for composting or mulching on the
premises, place the leaves at the curb or other designated area for
collection at such times and dates and in the manner established by
the Township's recycling regulations. Do not mix leaves with
grass or vegetative clippings.
(2)
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place leaves, unless
the leaves are containerized, in the street. If leaves that are not
containerized are placed in the street, the party responsible for
placement of the leaves must remove the leaves from the street, or
said party shall be deemed in violation of this article.
D.
Alternative collection of recyclable materials. Any person may donate
or sell recyclable materials to individuals or organizations authorized
by the Township in its recycling regulations. These materials may
either be delivered to the individual's or organization's
site, or they may be placed at the curb for collection by said individual
or organization on days not designated as recyclable material collection
days in the Township's recycling regulations. Said individuals
or organizations may not collect recyclable materials on or within
the 24 hours immediately preceding a regularly scheduled curbside
collection day and shall, prior to June 1 of each year, provide written
documentation to the Township of the total amount of material recycled
during the preceding calendar year.
E.
It shall be a violation of this article to dispose of electronic
waste either through recycling or solid waste collection. Electronic
waste may be brought directly to the Ocean County Department of Solid
Waste.
[Added 3-27-2017 by Ord.
No. 2017-1]
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 Township. Violation 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.
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 its designee, unless the Township 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 Municipal Recycling Coordinator, on such forms
as may be prescribed, on recycling activities at their 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 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 Eagleswood
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. [See N.J.S.A. 13:1E-99.13a and 13:1E-99.16(c).]
This plan must contain, at a minimum, the following:
(1)
A detailed analysis of the expected composition and amount 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 Township
of Eagleswood, 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.
C.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Township Engineer.
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 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.
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 of Eagleswood, shall tamper
with, collect, remove or otherwise handle designated recyclable materials.
A.
The Municipal Recycling Coordinator, Superintendent of Public Works and Code Enforcement Official are hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 231-9 of this article, and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the Township Committee by adoption of a resolution implementing the same.
B.
The Code Enforcement Official, the Department of Health, the Municipal
Recycling Coordinator, the Property Maintenance Official, the Housing
Officer and the Ocean 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 of not less than $250, nor more than $1,000.
B.
Each day for which a violation of this article occurs shall be considered
a separate offense.
