It shall be unlawful at any time for any person, firm, corporation
or other entity to cut, break, excavate or open any of the streets,
avenues or highways of the Township of Southampton or any portion
thereof for any purpose including, but not limited to, installing,
replacing, maintaining and repairing underground facilities, without
first making a written application to the Department of Public Works
or such department as may be designated by the Township Administrator
and receiving a permit for said work. This permit does not authorize
the applicant to open any street under the jurisdiction of the County,
State or Federal Government without adhering to the rules and requirements
of that jurisdiction. The applicant must contact the appropriate level
of government and obtain all relevant permits and permissions.
a.
The application for a permit to make an opening or excavation in
any road or street shall be in writing, dated and signed by the applicant,
and shall state the road or street proposed to be opened or excavated
and the object and purposes thereof and shall also indicate the exact
location, by length, width and depth, of said intended excavation.
b.
In cases where the proposed opening involves construction of a longitudinal
pipe main serving more than one property, the Township may also require
the applicant to submit plans showing the information required above
and also the relationship of the proposed installation to the existing
pavement, other utilities, the street right-of-way lines and any other
physical features which might be affected by the proposed construction.
c.
In all cases, the applicant shall also submit evidence of compliance
or a commitment to comply with N.J.S.A. 48:2-73 et seq., the Underground
Facility Protection Act, providing for notice to utility companies
of such excavations.
d.
The permit granted in pursuance of said application shall be in such
form as the Township Administrator of the Township of Southampton
shall decide and shall be signed by the Township Administrator or
her designee.
Before the issuance of any such permit, the applicant shall
deposit with the Treasurer of the Township of Southampton the following
amounts:
a.
A minimum deposit of $500 which shall cover a single excavation no
larger than 50 square feet in area.
b.
An additional amount for all street openings in excess of 50 square
feet, to be computed as follows:
1.
Permanent paved streets, including concrete pavement or bituminous
concrete pavement on concrete or macadam base: $5 per square foot.
Replacement shall be in kind, including subbase.
2.
Paved streets, including bituminous concrete pavement on gravel base:
$4 per square foot. Minimum pavement replacement shall be eight-inch-thick
quarry blend stone base and two-inch-thick bituminous concrete surface.
3.
Surface-treated streets, including bituminous surface treatment on
gravel or macadam base, and also including bituminous mixed-in-place
streets: $4 per square foot. Minimum replacement shall be as specified
in paragraph b,2 above.
4.
Gravel streets with no treatment or pavement: $3 per square foot.
c.
An additional amount, based on the unit prices in the preceding subsection,
if the area actually excavated exceeds that estimated at the time
the application was made.
d.
In addition to the above deposit, the applicant shall pay a nonreturnable
fee in the amount of $100 for the first 20 square feet or part thereof
of any opening and $25 for each additional 10 square feet or part
thereof, up to 50 square feet. In the case of openings which exceed
50 square feet but are less than 500 square feet, he shall pay, in
addition, 25% of the amounts determined in accordance with paragraphs
b. and c. above.
e.
In the case of exceptional or complicated openings or where the area
to be opened exceeds 500 square feet, the applicant shall deposit
in cash a certain sum to be placed in escrow by the Township to cover
the cost of inspections by professionals employed by the Township.
The amount of the initial deposit shall be in an amount reasonably
calculated to equal the cost of the necessary inspections. Sums not
utilized in the inspection process shall be returned to the applicant.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional amount and shall add such sum to the escrow.
The applicant must also execute an agreement to underwrite necessary
engineering costs incurred by the Township if the repair to the street
is unsatisfactory and repair by the Township is necessary.
f.
Paragraphs a, b and c above are deposits to be utilized to make repairs
to the roadway and shall remain with the Township for six months after
the closure of the roadway by the applicant. Paragraph d. is the nonrefundable
application fee. Paragraph e. is an additional inspection escrow which
is required where the Municipal Engineer's services are needed.
a.
When the amount of the deposit as determined under Subsection 9-1.3a-c
above would exceed $1,000, the applicant may, at his or her option,
furnish an acceptable performance guaranty for the full amount of
such deposit instead of making the required deposit. Said guaranty
shall unconditionally guarantee that the applicant will make the proposed
street opening, backfill the same and restore the pavement in accordance
with the requirements of the Township. The form of said guaranty shall
be approved by the Township Solicitor. Posting of a bond shall not
eliminate the requirement to pay the permit application fee or post
an inspection escrow if required.
b.
In the event that the applicant elects to provide a guaranty as set
forth in paragraph a above, and in the event that the guaranty insures
that the applicant will repair any pavement defects resulting from
the street opening in the manner and at the times required by the
Township for a period of three years following completion of the street
surfacing, the amount of the fee to be paid will be reduced to $100
plus 5% of the amounts determined under Subsection 9-1.3b and c above.
a.
When the applicant is a public utility as defined by the statutes
of the State of New Jersey, the Township may accept, in lieu of the
required deposits and fees previously set forth herein, a guaranty
bond to the Township in the sum of $20,000 plus a permit fee of $100
per work location. For the purpose of this section, "work location"
is defined as any opening or series of openings in the same street.
Each five-hundred-foot portion of the street shall constitute a separate
work location.
b.
In the event that, after the proper filing of a bond by a public
utility as aforesaid, said public utility shall fail to abide strictly
by the provisions of this section, the Township Committee may, by
resolution and without prior notice to the public utility, revoke
the privileges granted under its bond, return such bond to the public
utility and require cash deposits for all future street openings made
by said public utility as well as cash deposits for all openings not
properly restored as of the date of revocation of said bond.
In the event that the applicant should fail to properly excavate,
backfill or restore the pavement in accordance with the Township requirements
and within the time set forth on the application, the Township may
use such portion of the deposit as may be necessary to properly complete
the work. Upon the passage of six months from when the work has been
deemed completed by the municipality in accordance with the requirements
and regulations as contained herein, and as may from time to time
be adopted by the Township to implement this section, the deposit
or such portion of the deposit which may remain will be refunded to
the applicant.
a.
The permit issued shall designate the number of square feet to be
excavated and the location of same, and shall further designate the
time within which the work contemplated thereunder shall be completed.
The Township Director of Public Works shall confirm the square footage
calculation during the excavation. The work shall be performed within
the time specified in the permit.
b.
In the case of any opening which restricts vehicular traffic to less
than two ten-foot wide travel lanes, excavation and backfill shall
be made within a single eight-hour period, except under special occasions
or circumstances where underground conditions or structures warrant
a longer period of time. In other cases, it shall be made within one
week's time, except where underground conditions or structures warrant
a longer period of time. The applicant shall address any need for
special traffic control devices or personnel including but not limited
to signs, barriers, flagmen, and state trooper support. The Township
reserves the right to issue the permit conditional on providing special
traffic control devices.
c.
Street openings shall be resurfaced within the period of time designated
by the Township at the time the application is approved. Prior to
resurfacing, the backfill shall be maintained in order to prevent
depressions or bumps in the street surfaces, and suitable material
shall be applied thereto to keep down dust.
The backfilling of trenches shall be performed in the following
manner and under the supervision of the Township Director of Public
Works or his designee:
a.
All fill material shall be deposited by means of hand shovels or
tampers approved by the Township Director of Public Works or his designee
in layers not exceeding six inches in depth. Each layer shall be rammed
with a pneumatic or power-driven mechanical tamper approved by the
Director of Public Works or his designee; or by any other method approved
by the Director or his designee.
b.
After a backfill is placed and properly compacted, the existing surface
and base shall be undercut to a horizontal distance of six inches
around the perimeter of the excavation for a depth of the proposed
replacement pavement. The base course shall be placed. In the case
of concrete base, the bituminous concrete surface shall be placed
not less than 24 nor more than 72 hours after placement of the concrete
base. Where bituminous stabilized base or stone base is installed,
compaction shall be by roller or mechanical tampers as approved by
the Township.
c.
Prior to placement of bituminous surface course, the edges of the
existing pavement shall be painted with asphalt cement. The surface
pavement shall be installed and rolled to a smooth surface, flush
with the finished grade adjacent to the opening.
d.
All applicants shall notify the Department of Public Works at least
24 hours before the street opening is ready for backfill, and the
Township shall have the right and the duty to inspect the street opening
and be present to continuously inspect the backfilling and street
pavement restoration procedure. No backfill, base or pavement materials
shall be placed in any street opening until 24 hours after the aforesaid
notice has been given, unless a work schedule has been submitted in
advance and said schedule has been approved by the Director of Public
Works or his designee.
Any person, firm or corporation making any opening or excavation
in any road or street in the Township of Southampton shall carry out
the work as expeditiously as possible and in such manner as to cause
the least public inconvenience and to permit, whenever possible, the
use of the sidewalk by pedestrians, the roadway by vehicles and the
flow of water along the gutters.
All openings, piles of material, equipment and barricades, including
earth, dirt, stone or other materials removed from the excavation,
shall be carefully guarded at all times to prevent accidents, and
a sufficient number of lighted lanterns, flares or torches shall be
maintained between sunset and sunrise by the contractor or person
to whom such permit has been granted to designate such openings or
obstruction during the hours of darkness. Where any excavation or
trench is to extend across any road or street, only one-half of the
same shall be made at one time, and it shall be properly backfilled
before the other one-half is excavated so as not to interfere with
traffic.
a.
All existing pavements, road surfaces, sidewalks, curbs, gutters,
pipes, manholes, drains, conduits, or other installations, infrastructure
improvements, or fixtures and property likely to be injured, damaged,
or destroyed during the course of any activity covered under this
section shall be properly protected by the person, firm or corporation
doing any work for which a permit has been granted under this section
during the time when such work is being performed.
b.
Whenever the Township Committee undertakes any action to provide
for the paving or repaving of any street, the Township Engineer shall
promptly mail a written notice thereof to each person or entity owning
sewers, mains, conduits or other utilities in or under said street
or any real property, whether improved or unimproved, abutting said
street. Such notice shall notify such person that street opening permits
for openings, cuts or excavations and permits for work to be done
prior to such paving or repaving shall be submitted promptly in order
that the work covered by the street opening permit may be completed
not later than 45 days from the date of the notice. The Township Clerk
shall also promptly publish a similar notice of said action with the
same information in the Township's official newspaper, thereby giving
notice to the public, including State agencies and departments or
other persons who may desire to perform excavation work in said street,
of the Township's plans for said street, and that, following completion
of the Township-approved work, no further excavation will be permitted
for five years.
c.
Within said 45 days, every public utility company receiving notice
as prescribed herein shall perform such excavation work, subject to
the provisions of this section, as may be necessary to install or
repair sewers, mains, conduits or other utility installations. In
the event that any owner of real property abutting said street shall
fail within 45 days to perform such excavation work as may be required
to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make openings, cuts or excavations in said street shall
be forfeited for a period of five years from the date of enactment
of said ordinance, resolution or the passage of such motion. During
said five-year period, no street opening permit shall be issued to
open, cut or excavate in said street unless, in the judgment of the
Township Engineer, an emergency, as described otherwise in this section,
exists which makes it absolutely essential that the street opening
permit be issued.
d.
Every Township department or official charged with responsibility
for any work which may necessitate any opening, cut or excavation
in said street is directed to take appropriate measures to perform
such excavations in the new pavement in said Township street during
said five-year period.
e.
For purposes of this section, the word "streets" shall mean any street,
road, avenue, cul-de-sac, or highway dedicated to and under the jurisdiction
of the Township.
f.
An emergency shall consist of a gas leak, underground electric or
telephone or water main break, a sanitary sewer force main break,
a sanitary sewer gravity main break, or any situation which may result
in harm to the public health, safety or welfare, or damage to public
or private property. New installation of any utility in and of itself
shall not be deemed an emergency. Even in the event of an emergency,
however, a road opening shall only be permitted if the permittee has
on file a sufficient performance bond to ensure proper restoration
of the affected roadway area.
a.
In the case of a subdivider, where escrow funds or other suitable
guaranty for complete reconstruction of an existing road has been
provided and where proper approvals for all proposed work have been
obtained, the Administrator may waive these requirements.
b.
In the case of a contractor performing work for the Township of Southampton,
the Township Administrator may waive the requirements of this section.
In the event of an emergency where circumstances will not warrant
delay to first secure a street opening permit, a street may be opened
without a permit; provided, however, that such opening shall be confined
in size to the area necessary to take care of the emergency. A street
opening permit for said emergency opening, plus any additional area
that it may be necessary to open, shall be secured before the close
of business on the next business day of the Township following the
opening. Each day's delay in securing the street opening permit following
an emergency street opening shall be deemed a distinct and separate
violation of this section.
Any person, firm or corporation violating any provision of this
section, or any rule, regulation or standard promulgated hereunder,
shall, upon conviction, be punishable by a fine not greater than $2,000,
by the requirement of up to 90 days community service or by a term
of imprisonment not greater than 90 days or combination thereof. Each
and every day a violation exists shall constitute a separate violation
under this section.
[1]
Editor's Note: Former Subsections 9-2.1, Definitions, 9-2.2,
Hours dump in operation, 9-2.3, Hours changed by resolution, and 9-2.4,
Residents use, were repealed 9-20-2016 by Ord. No. 2016-5.
The owner, occupant or tenant of premises abutting or bordering
upon any street in the township shall remove all snow and ice from
the abutting sidewalks of such streets, or in the case of ice, which
may be so frozen as to make removal impracticable, shall cause the
same to be thoroughly covered with sand or ashes within 24 hours after
the same shall fall or be formed thereon.
In case the building is occupied by more than one family or
business unit then the tenant or occupant of the first floor or story
thereof is hereby required to remove all snow and ice from such portion
of the sidewalks or in the case of ice which it is impracticable to
remove, cover the same with sand or ashes within 24 hours after the
same shall be formed or fall thereon.
No person, owner, tenant or occupant of any premises abutting
on any street shall throw, place or deposit any snow or ice into or
upon any street in the township. It is the intent and purpose of this
provision to prohibit all persons from throwing, casting, placing
or depositing snow and ice, which accumulated within the private property
belonging to the person, upon the sidewalks or streets in the township.
In case snow or ice shall not be removed from the sidewalks or shall be cast, deposited thereon or placed upon the sidewalks or streets by the owner, tenant or occupants of any premises as provided in subsections 9-3.1 and 9-3.2 hereof, the same shall be removed forthwith and under the direction of the township building subcode official and the cost of such removal as nearly as can be ascertained shall be certified by the township building subcode official to the Township Committee. The Township Committee shall examine such certification and if found to be correct shall cause such cost to be charged against the real estate so abutting or bordering upon such sidewalks and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine imposed by the provision of this section shall not constitute any bar to the right of the township to collect the cost as certified for the removal of snow or ice in the manner, herein authorized.
It shall be the duty of the owner of any real property in the
township abutting any public street or sidewalk to construct, repair,
alter, relay or maintain the public sidewalks in front of the property
whenever sidewalks are required or being already installed, shall
be in such disrepair as to constitute a hazard to the general public
using the sidewalks unless they are repaired, altered, relayed or
maintained.
Sidewalks shall be deemed to be required whenever the committee,
by resolution and 30 days' notice to the abutting owners of the proposed
adoption of such resolution and an opportunity to the owners of abutting
lands to be heard, shall determine that public necessity and convenience
require the construction of such sidewalks.
Repairs, alterations, relaying or maintenance of any sidewalks
shall be required whenever the committee, upon 30 days' notice to
the owner or occupant of such abutting property and an opportunity
to such abutting owner or occupant to be heard, shall, by resolution,
determine that such repairs, alterations, relaying or maintenance,
at the expense of the abutting landowners, is reasonably necessary
for the safety of the public using the sidewalks.
Notice of the proposed adoption of the resolution shall also
specify the work to be done by the owner or occupant and shall contain
further notice that in the event the committee makes such determination
by resolution, the owner or occupant shall be required to perform
the work specified within a period of not less than 60 days from the
date of service of the notice.
Whenever any such lands are occupied and the owner cannot be
found within the township, the notice may be mailed, postage prepaid,
to his post office address if the same can be ascertained, but in
case the owner is a nonresident or his post office address cannot
be ascertained, then such notice shall be inserted for four weeks,
once a week, in the official newspaper of the township.
In case the owner or occupant of such lands shall not comply
with the requirements of the notice, it shall thereupon be lawful
for the street department of the township upon filing due proof of
the service or publication of the aforesaid notice with the clerk,
to cause the required work to be done and paid for out of the township
funds available for that purpose; the cost of such work shall thereupon
be certified by the department or person having charge thereof to
the department or person having charge of the collection of assessments
in the township and upon filing the certificate, the amount of the
cost of such work shall be and become a lien upon the abutting lands
in front of which the work was done to the same extent that assessments
for local improvements are liens in the township under general law
and shall be collected in the manner provided by law for collection
of such other assessments and shall bear interest at the same rate.
In addition to the remedies specified above, the township may
have an action to recover the amount against the owner of the lands
in any court having competent jurisdiction thereof and a certified
copy of the aforesaid certificate shall in such action be prima facie
evidence of the debt due from the owner to the township.
All monies recovered or paid to the township under the provisions
of the foregoing subsections shall be credited to the account out
of which the cost of such work was paid.
All such sidewalks shall be installed in accordance with the grades and specifications as to construction and materials prepared by the Township Engineer and approved by the committee by resolution and no person shall install any such public sidewalk or repair, alter, relay or maintain the same except in accordance with such grades and specifications. In addition to the procedures and remedies provided above, any owner or occupant of any property failing to keep the sidewalk in front of such property, whether occupied or unoccupied, in good repair, shall be subject to a penalty as stated in Subsection 9-4.8.
For violation of any provision of this section, any other section
of this revision, or any other ordinance of the township where no
specific penalty is provided regarding the section violated, the maximum
penalty, upon conviction, shall be a fine not exceeding $500 or imprisonment
for a period not exceeding 90 days or both.
The township finds that reducing the amount of solid waste and
conservation of recyclable materials is an important public concern
and is necessary to implement the requirements of the SWMA and the
County Plan. The recycling of certain materials from the residential,
commercial and institutional establishments conserves existing landfill
capacity, facilitates the implementation and operation of other forms
of resource recovery and conserves natural resources through reduced
energy consumption, reduced water and air pollution as well as reduces
the demand on raw material extraction.
This section is adopted pursuant to P.L. 1987, c. 102 (effective
April 20, 1987), and codified at N.J.S.A. 13:1E-1 et seq., as well
as under the municipal authority granted pursuant to N.J.S.A. 40:48-2,
N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted
thereto.
As used in this section, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
Empty food and beverage containers comprised of aluminum.
Excluded from this definition are aluminum aerosol cans, aluminum
foil and trays.
Liquid used in a cooling system that is mixed with water
and prevents the water from freezing. The solution serves as the engine
coolant.
The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.
A person who shall have completed the requirements of a course
of instruction in various aspects of recycling program management,
as determined and administered by the Department of Environmental
Protection.
Source separated, nonputrescible, metal, glass and plastic
bottles coded #1 and #2; and paper and corrugated and other cardboard.
Source separated, nonputrescible waste concrete, asphalt,
brick, block, asphalt based roofing, scrap and wood waste; source
separated, nonputrescible waste materials other than metal, glass,
paper, plastic containers, corrugated and other cardboard resulting
from construction remodeling repair and demolition operations on houses,
commercial buildings, pavements and other structures; source separated
whole trees, tree trunks, tree parts, tree stumps, brush and leaves
provided that they are not composted; source separated scrap tires;
and source separated petroleum contaminated soils.
Source separated compostable or anaerobically digestible
material such as source separated food waste biodegradable plastic
and yard trimmings.
Used oil, antifreeze, latex paints, thermostats, fluorescent
lamps (light bulbs), oil-based finishes, batteries, mercury containing
devices and consumer electronics.
All commercial and industrial activities that operate for
profit and are involved in retail or manufacture of goods and services
provided for sale.
A combining of source separated recyclable materials for
the purpose of recycling.
A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
Computer equipment, including desktop and laptop computers
and related components, including, monitors, circuit boards, terminals,
and CPU's, and peripheral equipment including keyboards, printers,
copiers, and fax machines. It shall also include VCRs, CD players,
DVD players, and cellular phones. Consumer electronics shall not include
televisions as defined herein until such time as such devices are
banned at solid waste disposal facilities in accordance with the Electronics
Waste Recycling Act, P.L. 2008, c.130 et seq. and any amendments thereto.
Solid waste, food waste, or other material which adheres
to, or which is otherwise contained on or in, source separated recyclable
materials.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam, foil or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Division
of Solid Waste Management.
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
Less than 1% by volume.
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this
municipality including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead acid batteries, leaves, metal appliances, paper,
plastic bottles (coded #1), rechargeable batteries, steel (tin)
cans, textiles, tires and used motor oil.
The transportation, placement, reuse, sale, donation, transfer
or temporary storage for a period not exceeding six months, or for
a period of time as mandated by law, of designated recyclable materials
for all possible uses except for disposal as solid waste.
The Burlington County Department of Solid Waste, its successors
and assigns.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material whether shredded or whole, but excluding
wax paper, plastic or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food contaminated paper, soiled paper and
cardboard.
A lighting system which works by creating electric arcs inside
a gas rich tube to produce ultraviolet light, then converting this
to visible fluorescent light by its passage through a layer of phosphor
on the inside of the glass.
Any person(s) who causes solid waste to be produced for any
purpose whatsoever.
All clear (flint), green, and brown (amber) colored glass
containers. Glass shall not include crystal, ceramics, light bulbs,
plate, window, laminated, wired or mirrored glass.
A replaceable unit that holds ink and the print nozzles for
inkjet printers.
Any entity, either public or private, either for profit or
nonprofit, who operates for educational, charitable, religious, fraternal
or other public purpose.
Storage batteries with lead electrodes and that contain dilute
sulfuric acid as the electrolyte. These include starting batteries,
such as vehicle batteries, marine batteries, small sealed lead acids
and deep cell batteries used to power vehicles or marine accessories
such as trolling motors, winches or lights.
Vegetative material, typically generated in the autumn, which
fall from trees and are collected for removal from a property.
Appliances composed predominantly of metal including stoves,
washing machines, dryers and water heaters. Also included are all
Freon containing appliances including air conditioners, freezers,
refrigerators and dehumidifiers.
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7
et seq.
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes; whether privately or
publicly financed, except hotels, motels or other guest houses 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 (C.55:13A-1 et seq.) and N.J.S.A 40:66-1.2 et seq.
A site owned and operated by a municipality for the receipt
and temporary storage of certain designated Class A Recyclable materials
delivered by residents, small commercial and nonprofit establishments
for a period not exceeding two months, prior to their transport to
a recycling center or end-market.
Residential, commercial and institutional solid waste generated
within a community.
Residential, commercial and institutional waste in the context
of the Statewide Solid Waste Management Plan Update, which constitutes
the waste stream, used to calculate the State mandated 50% recycling
rate. This waste stream includes waste types 10 and 23.
The Township of Southampton located within the County of
Burlington, State of New Jersey.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food contaminated or soiled paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, Federal institution
or agency, State institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.
All bottles that are labeled as made from polyethylene terapthalate
(PET) and coded as #1 and high - density polyethylene terapthalate
(HDPE) and coded as #2. Specifically excluded are bottles that formerly
contained hazardous materials, including, but not limited to paint,
solvents, motor oil and pesticides and herbicides.
Organic material which is capable of, and prone to, a rapid
process of biological and biochemical decomposition, under anaerobic
or aerobic conditions, resulting in the formation of malodorous byproducts.
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
home owners association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in § 1 of P.L. 1993, c.258 (C.45:22A-49), shall
be considered to be a qualified private community.
Batteries used in portable electronic devices composed of
Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion
(Li-ion) and Small Sealed Lead (Pb).
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
A facility designed and operated solely for receiving, storing,
processing or transferring source separated recyclable material (Class
A, Class B, Class C and/or Class D recyclable materials).
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire) or metal pieces that may be combined together
with bolts or soldering (for example, radiators, scrap automobiles,
railroad box cars) which when worn or superfluous, can be recycled.
Included are all ferrous and nonferrous metals including appliances
and appliances containing refrigerants.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.
Recyclable materials separated from the solid waste stream
at the point of generation.
Empty food, beverage and aerosol containers comprised of
tin, steel or a combination thereof, which formerly contained only
nonhazardous substances or such other substances as have been approved
for recycling by Department of Solid Waste.
The New Jersey Solid Waste Management Act, as amended.
A stand-alone display system containing a cathode ray tube
or any other type of display primarily intended to receive video programming
via broadcast, having a viewable area greater than four inches measured
diagonally, able to adhere to standard consumer video formats and
having the capability of selecting different broadcast channels and
support sound capability.
Clean dry clothing or other fabric measuring at least one
foot by one foot in size. It shall not include material that is wet
or mildewed.
Rubber wheels used on motorized transport or equipment whether
bias-ply, cross-ply or radial.
An exhausted replaceable cartridge containing toner powder
and sometimes the photosensitive drum on which a laser printer generates
the image to be printed.
Waste originating in the community consisting of household
waste from private residences, commercial waste which originates in
wholesale, retail or service establishments such as, restaurants,
stores, markets, theatres, hotels and warehouses, and institutional
waste material originated in schools, hospitals, research institutions
and public buildings.
Large items of waste material, such as appliances and furniture.
Discarded automobiles, boats, trucks and trailers and large vehicle
parts, and tires are included under this category.
Any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use, is contaminated
by physical or chemical impurities, or unused oil that is contaminated
by physical or chemical impurities through storage or handling and
is determined to be a solid waste by the generator.
The municipal recycling center that manages used oil and
accepts and/or aggregates and stores used oil collected from used
oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used
oil to the collection center in shipments of no more than 55 gallons
pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may
also accept used oil from household "do-it-yourselfer" used oil generators.
Notwithstanding the limitations to the Burlington County Regional
Program (BCRP) or the Municipal Recycling Depot as outlined within
this section, every person is required to source separate and recycle
each of the designated recyclable materials outlined within this section.
a.
In order to facilitate the collection of certain designated recyclable
materials, there is hereby established a curbside program for the
collection of source separated recyclable material from residents
of the municipality.
b.
Designated recyclable materials for the curbside program are those
materials designated by the DSW for collection within the BCRP. These
materials are: aluminum cans, corrugated cardboard, glass containers,
paper, plastic bottles (Coded 1 and 2), steel (tin) cans and other
recyclable materials as may be designated from time to time by the
DSW.
c.
Multifamily complexes of 20 or more units, condominium complexes
of 20 or more units or mobile home parks of 20 or more units, or any
commercial or institutional establishment shall not receive collection
under this program unless the collection location and type of containers
are approved by the DSW.
d.
Collections of recyclable materials pursuant to this section shall
be in accordance with a schedule of recycling collection areas and
dates promulgated by DSW and publicly advertised by the municipality
or County.
e.
All residents served by the curbside program shall source separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by Subsection 9-5.6 of this section and on the date specified for collection.
f.
Residents who are physically unable to place recyclable materials
out for collection within the Burlington County Regional Program shall
be exempt from requirements for participation within the program.
Determinations for this exemption shall be at the discretion of this
municipality.
All recyclables placed for collection pursuant to the curbside program established within Subsection 9-5.5 of this section shall be source separated and prepared for collection in accordance with the following conditions:
a.
Cardboard and paper shall be placed in paper bags or tied in bundles
not exceeding 35 pounds in weight nor exceeding one foot in thickness.
1.
Cardboard and paper shall not be set out for recycling collection
in plastic bags, recycling buckets box-like containers.
2.
In those locations where carts are provided for the collection of
corrugated cardboard and paper, those materials shall be placed in
the carts that are provided by the municipality.
(a)
Boxes shall be flattened as to fit into the cart.
(b)
Where cardboard boxes are too large to be placed in the cart
and where there are too many boxes to fit within the cart, cardboard
boxes must be flattened and placed alongside the cart for collection.
(c)
Carts shall be placed at the curb with the lid opening facing
the street.
(d)
Carts shall be placed in such a manner so as to leave at least
two feet of clear space around each side of the cart.
(e)
Carts shall be placed in such a manner so as to avoid interference
from overhead obstructions.
(f)
Carts shall be maintained in a neat and sanitary condition so
as to deter vermin and odors.
(g)
Carts are the property of the municipality and may not be used
for any other purpose or to contain any other material.
b.
Glass containers, aluminum cans, steel cans and plastic bottles:
1.
Remove all caps and lids and dispose of as solid waste.
2.
Glass containers, aluminum cans, steel cans and plastic bottles shall
be rinsed free of contaminants.
3.
Glass containers, aluminum cans, steel cans and plastic bottles shall
be placed in a recycling container provided by the municipality.
4.
Plastic and/or paper garbage bags shall not be utilized as containers
for glass containers, aluminum cans, steel cans and plastic bottles.
c.
Municipally provided recycling carts/containers may not be used for
any other purpose whatsoever.
d.
Recyclables shall not be placed for collection earlier than the evening
of the day preceding a scheduled collection day. Recyclables must
be placed at the roadside by 6:00 a.m. on the scheduled collection
day.
a.
There is hereby established a Municipal Depot Program for the convenience
of the residents. Source separated recyclables listed below may be
brought to the Southampton Public Works Yard on Buddtown Road during
the times and days advertised.
a.
It shall be the responsibility of the owner or manager of every multifamily development, qualified private community or mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on their property in accordance with Subsection 12-5.20 of the Land Development Ordinance entitled "Design of Containment Areas for Designated Recyclable Materials on Residential Sites" and in accordance with the requirements of the Burlington County Department of Solid Waste Management.
b.
Designated source separated recyclables:
Aluminum cans.
Corrugated cardboard.
Glass containers.
Paper.
Plastic bottles (coded 1 and 2).
Steel (tin) cans.
c.
The owner or manager of each and every multifamily development, qualified
private community or mobile home park shall notify all new residents
within 30 days of occupancy and all other residents no less than two
times each calendar year of the recycling location(s), the list of
materials that is required to be recycled, the location of all recycling
containers and the requirements of recyclable material preparation.
d.
The owner or manager of each and every one of the above referenced
locations who elects not to participate in the Burlington County Regional
Program shall arrange for the collection and recycling of the designated
recyclable materials outlined within this section at their own expense
as allowed by law.
All persons generating municipal solid waste within this municipality
through the operation of a commercial or institutional establishment
shall source separate and arrange for collection of all designated
recyclables within 30 days of the effective date of this section.
(This section was adopted May 18, 2010.)
a.
Designated recyclable materials for the mandatory commercial and
institutional source separation program shall consist of the following
materials:
Aluminum cans.
Antifreeze.
Consumer electronics.
Corrugated cardboard.
Fluorescent lights.
Glass containers.
Lead acid batteries.
Leaves.
Metal appliances.
Paper.
Plastic bottles (coded 1 and 2).
Rechargeable batteries.
Steel (tin) cans.
Textiles.
Tires.
Used motor oil.
Ink jet cartridge.
Toner cartridge.
b.
The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in Subsection 9-5.10.
c.
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the individual(s) responsible
for the provision of solid waste or recycling services including the
provision or maintenance of litter receptacles located on the property
of any commercial or institutional establishment generating designated
recyclables.
Pursuant to N.J.A.C. 7:26A-10.3 all multifamily housing owners,
qualified private communities, mobile home parks, commercial and institutional
housing owners or their agents shall report the tonnage of designated
recyclable materials collected for recycling from their business or
premises, as follows:
a.
The management individual(s) responsible for the provision of recycling
services as herein defined at all residential, commercial, institutional
and industrial properties that contract for recycling services with
a private company, shall submit to the municipal recycling coordinator
by the first day of February of each year, documentation verifying
the previous year's total recycling (expressed by weight) for each
material recycled.
b.
Documentation shall take the form of a letter or report issued by
the recycling service provider or end market to the generator of the
recycled material. The generator must maintain weight slips or paid
invoices and make such records available for inspection by Southampton,
the County or State for a period not to exceed five years.
c.
Any solid waste or recycling service provider shall submit to the
municipal recycling coordinator, by the first day of February of each
year, documentation verifying the previous year's total recycling
(expressed by weight) for each material recycled as prescribed by
the DSW.
d.
At a minimum, all reporting shall detail the municipality of origin,
the name and location of the market or recycling center and the amount
of each source separated recyclable material, expressed in gallons,
tons or cubic yards, brought to each manufacturer or recycling center
from the municipality of origin. Those persons specifying this information
in cubic yards shall also indicate the conversion ratio utilized for
calculating the materials from cubic yards to tons.
It shall be unlawful for:
a.
Any person, other than those persons authorized to collect any designated
recyclable which has been placed at the roadside for collection or
within a recycling depot pursuant to this section;
b.
Any person to violate, cause, or assist in the violation of any provision
of this section or any provision of the County Plan concerning recycling;
c.
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling depot.
d.
Any person to hinder, obstruct, prevent or interfere with Southampton,
the County or any other authorized persons in the performance of any
duty under this section or in the enforcement of this section.
e.
Any person to offer to collect or knowingly collect designated recyclable
materials in any manner except as source separated recyclable materials
as defined herein.
f.
Any person required to provide a report as required under this section
to fail to do so.
All unlawful conduct set forth in this section shall constitute
a public nuisance.
a.
Any person collecting solid waste generated within Southampton shall
refuse to collect solid waste from any person who has failed to source
separate recyclables designated under any applicable section of this
section.
b.
Any person collecting solid waste generated within Southampton shall
refuse to collect solid waste from any person who has placed solid
waste into a municipally issued recycling container.
a.
Notwithstanding anything herein to the contrary, any resident of
Southampton may donate or sell any recyclable to any other person,
whether operating for a profit or not for profit, provided, however,
that the person receiving the recyclables shall not, under any circumstances,
collect the donated or sold material from an established recycling
collection route or from a recycling depot without prior written permission
from Southampton for such collection.
b.
Permission for such collection shall not be given for any day other
than a Saturday or Sunday and, in no case, shall such permission be
given to collect recyclables from a recycling depot.
a.
Nothing contained in this section shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with N.J.S.A. 13:1E-29(b) and in force in the
municipality on the effective date of this section (Adopted May 18,
2010).
b.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this section, unless such renewal
or such contract shall conform to the requirements of this section.
a.
Enforcement of this section shall be the responsibility of the municipal
recycling coordinator, public works director and/or the local code
enforcement official.
b.
In addition to the above-named persons, the Burlington County Health
Department and the DSW are hereby appointed as enforcement officer(s)
for enforcement of all recycling requirements of this section.
c.
Enforcement of this section shall be commenced in the Superior Court
or in the municipal court of the municipality, and penalty or fine
shall be collected with costs in a summary civil proceeding.
d.
Any penalties or fines collected in an enforcement action shall be
paid to the municipality when the municipality brings such action.
e.
Any penalties or fines collected in an enforcement action shall be
paid to the Treasurer of Burlington County when such action is brought
by the Burlington County Health Department or the DSW.
f.
Any penalties or fines collected in a joint enforcement action shall
be paid equally to the municipality and County.
Any person who violates the provisions of this section shall
upon conviction thereof in a proceeding before a court of competent
jurisdiction be subject to the following fines:
a.
Misuse of recycling containers/carts for trash, theft of containers:
a fine of not less than $65 and not more than $100.
b.
Residential recycling violation: a fine of not less than $25 and
not more than $1,000.
c.
Scavenging: a fine of not less than $50 and not more than $1,000.
d.
Commercial or institutional violation: a fine of not less than $500
and not more than $1,000.
e.
For any person who offers to collect recyclable materials in any
manner except as prescribed within this section: a fine of not less
than $1,000 and not more than $2,500.
f.
For any solid waste or recycling service provider who fails to report
as required within this section: a fine of not less than $100 and
not more than $1,000.
g.
For any management individual(s) responsible for the provision of
recycling services as herein defined at all residential, commercial,
institutional and industrial properties that contract for recycling
services with a private company who fails to report as required within
this section: a fine of not less than $100 and not more than $1,000.
|
Each continuing day of violation of this section shall constitute
a separate offense.
|
In addition to any other remedy provided in this section, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this section for an injunction to restrain a violation of this section or the County Plan. In addition to an injunction, the court may impose penalties as authorized by Subsection 9-5.16 hereof. The penalties and remedies prescribed by this section shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the municipality or the County from exercising any other remedy provided by this section or otherwise provided by law or equity.
The terms and provisions of this section are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This section shall be construed in pari materi with the SWMA
and the County Plan.
[Ord. #1996-2A, S1; Ord. #2006-12, S1; Ord. #2010-6; Ord.
#2012-12]
Fees under this section shall be established and payable as
follows:
b.
Consumption rate. In addition to the base rate, each user shall pay
a sewer metered service charge of $15 per 1,000 gallons of water used
per quarter as evidenced by the water consumption metered by the water
company servicing the user.
[Amended 1-2-2015 by Ord. No. 2014-30; 6-16-2015 by Ord. No. 2015-8; 8-16-2016 by Ord. No. 2016-3; 2-21-2017 by Ord. No. 2017-2; 3-19-2019 by Ord. No. 2019-03; 2-18-2020 by Ord. No. 2020-04; 3-15-2022 by Ord. No. 2022-03[2]]
[2]
Editor's Note: This ordinance provided a retroactive effective
date of 1-1-2022.
c.
Additional charge for sewage discharge placing an undue burden upon
the sewerage system. When any nonresidential premises discharges sewage,
which sewage is such that it imposes an unreasonable additional burden
upon the sewerage system or sewage treatment plant of the plant treating
the same above and beyond that imposed by the average or normal sewage
entering the said sewerage system or sewage treatment facilities,
such additional costs necessitated thereby and resulting therefrom
in accordance with the Township's contract for such treatment shall
be an additional charge to said user over and above the rates hereinabove
set forth.
Trash shall not be placed at the curbside earlier than 6:00
p.m. the day before a scheduled pickup. Trash cans are to be removed
from the curbside by 6:00 p.m., on the day of scheduled pickup.
[Amended 9-20-2016 by Ord. No. 2016-5]
a.
Trash containers
or receptacles shall not be any larger than 45 gallons in size and
shall have a detachable lid and may not be anchored to the container
or receptacle; nor shall exceed 65 pounds in weight. Unintentional
damage to wheels and lids shall not be the responsibility of the Township.
Trash containers or receptacles not meeting the above criteria will
not be emptied, and shall be stickered and left on the curbside for
the homeowner. Plastic bags may be used, but shall not be split or
broken or contain any other refuse other than household trash. Bags
which split, break or contain unacceptable materials and contents
shall be left at the curb.
b.
Limitations.
Only such waste material that may be classified as garbage, rubbish
or trade wastes, as defined, provided that no more than five bags
or five approved containers, receptacles or any combination thereof,
these matters be stored in the manner as required in this section,
and provided that these materials do not exceed, for any one collection,
the quantities as set forth in this section.
c.
Township
collectors shall not enter private property or buildings or any privately
owned buildings or portion of such buildings, such as a vestibule,
kitchen, pantry, cellar or boiler room for the purpose of moving this
material to the curb for collection.
Cardboard boxes may not be used to dispose of regular household
trash. Cardboard is recyclable and must be left at curbside on the
recycling day only, in accordance with the requirements of the recycling
ordinance. Any cardboard boxes containing household trash will be
left at the curb. All trash must be disposed of in trash cans or in
plastic bags. Pizza boxes are not recyclable, and will be collected
with household trash.
Construction debris generated by a homeowner will be collected
with regular household trash if stacked neatly at the curb. Outside
contractors doing major construction will be required to remove any
construction debris they generate.
[Amended 9-20-2016 by Ord. No. 2016-5]
Furniture, bedding and similar household items can be placed
at the curb and will be collected with regular weekly collection,
and limited to one item per household on each trash day collection.
"One item" shall be defined for bedding to consist of one set (box
spring and mattress).
Furniture, carpets, bedding and similar household items resulting
from the sale of a house (house clean out or move-ins/move-outs) will
not be collected by the Township. Disposal of such items shall be
the responsibility of the owner of the property and/or the real estate
agent.
Computers, monitors, and electronic equipment must be taken
to the Burlington County Landfill hazardous waste site for disposal.
For health and safety reasons, animal waste from private residences
will not be collected by the Township.
For health and safety reasons medical instruments (hypodermic
needles) and medical waste will not be collected by the Township.
Commercial or industrial operations in the Township are required
to contract for disposal of their trash, the Township will not pick
up trash generated by businesses in the Township.
Any person, firm or corporation violating any provision of this
chapter shall be subject to a fine not exceeding $1,000 or imprisonment
in the County jail for a term not exceeding 90 days, for each such
offense, in the discretion of the court.
Tree limbs and brush will not be collected with the regular
scheduled trash collection. The Township will pick up small amounts
of tree limbs and brush placed at the curb by the homeowner as resources
permit. Tree limbs and brush must be cut to four- to five-foot lengths
and stacked neatly at the curb. However, if a homeowner has a contractor,
landscaper or tree service cutting down or trimming trees or brush,
it is the responsibility of that contractor to remove the debris.
Such tree limbs or brush will not be picked up by the Township.
[Amended Ord. #2004-12,
S1; Ord. #2006-12, S2; Ord. #2007-14, S1; Ord. #2008-2, S1; Ord. #2009-2, S1; Ord. #2010-2; Ord. #2011-2; Ord. #2012-2; 7-15-2014 by Ord. No.
2014-14; 2-21-2017 by Ord. No. 2017-2; 3-20-2018 by Ord. No. 2018-03; 3-19-2019 by Ord. No. 2019-032-18-2020 by Ord. No. 2020-04[2]]
a.
The
provisions of the Municipal and County Sewerage Act, N.J.S.A. 40A:26A-1
et seq., are hereby incorporated herein by reference.
b.
In
addition to the established rates and schedules for usage, treatment
and administrative costs, there shall be a separate charge in the
nature of a connection or tapping fee for each new connection of any
property to the sewer system in the Village of Vincentown.
c.
That
connection or tapping fee shall be calculated in accordance with the
provisions of N.J.S.A. 40:26-11.
d.
Connection
and tapping fees shall thereafter be recalculated at the end of the
budget year. After a budget hearing is held, the revised connection
fee shall be imposed upon property owners or occupants who subsequently
connect to the sewerage system in that budget year. The amount of
this connection or tapping fee for property owners of occupants shall
be kept by the Township Clerk and available to the public upon request.
