Township of Southampton, NJ
Burlington County
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Table of Contents
Table of Contents
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:
ACT or SWMA
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
ALUMINUM CAN
Empty food and beverage containers comprised of aluminum. Excluded from this definition are aluminum aerosol cans, aluminum foil and trays.
ANTIFREEZE
Liquid used in a cooling system that is mixed with water and prevents the water from freezing. The solution serves as the engine coolant.
BURLINGTON COUNTY REGIONAL PROGRAM
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.
CERTIFIED RECYCLING COORDINATOR
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.
CLASS A RECYCLABLE MATERIAL
Source separated, nonputrescible, metal, glass and plastic bottles coded #1 and #2; and paper and corrugated and other cardboard.
CLASS B RECYCLABLE MATERIAL
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.
CLASS C RECYCLABLE MATERIALS
Source separated compostable or anaerobically digestible material such as source separated food waste biodegradable plastic and yard trimmings.
CLASS D RECYCLABLE MATERIAL
Used oil, antifreeze, latex paints, thermostats, fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury containing devices and consumer electronics.
COMMERCIAL ESTABLISHMENT
All commercial and industrial activities that operate for profit and are involved in retail or manufacture of goods and services provided for sale.
COMMINGLED
A combining of source separated recyclable materials for the purpose of recycling.
COMMON AREA RECYCLING STORAGE LOCATION
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.
CONDOMINIUM COMPLEX
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.
CONSUMER ELECTRONICS
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.
CONTAMINANT
Solid waste, food waste, or other material which adheres to, or which is otherwise contained on or in, source separated recyclable materials.
CORRUGATED AND OTHER CARDBOARD
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.
COUNTY
The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Division of Solid Waste Management.
CURBSIDE DESIGNATED RECYCLABLES
Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
CURBSIDE RECYCLING CONTAINER
A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
DE MINIMIS
Less than 1% by volume.
DEP or DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED RECYCLABLE MATERIALS
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&#2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
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.
DSW
The Burlington County Department of Solid Waste, its successors and assigns.
FIBER
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.
FLUORESCENT LIGHTS
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.
GENERATOR
Any person(s) who causes solid waste to be produced for any purpose whatsoever.
GLASS
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.
INK JET CARTRIDGE
A replaceable unit that holds ink and the print nozzles for inkjet printers.
INSTITUTIONAL ESTABLISHMENT
Any entity, either public or private, either for profit or nonprofit, who operates for educational, charitable, religious, fraternal or other public purpose.
LEAD ACID BATTERY
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.
LEAVES
Vegetative material, typically generated in the autumn, which fall from trees and are collected for removal from a property.
METAL APPLIANCES
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.
MOBILE HOME PARK
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.
MULTIFAMILY DWELLING
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.
MUNICIPAL RECYCLING DEPOT
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.
MUNICIPAL SOLID WASTE
Residential, commercial and institutional solid waste generated within a community.
MUNICIPAL SOLID WASTE STREAM
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.
MUNICIPALITY
The Township of Southampton located within the County of Burlington, State of New Jersey.
PAPER
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.
PERSON
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.
PLASTIC BOTTLES
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.
PUTRESCIBLE WASTE
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.
QUALIFIED PRIVATE COMMUNITY
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.
RECHARGEABLE BATTERIES
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).
RECYCLABLE MATERIALS
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.
RECYCLING
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.
RECYCLING CENTER
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).
RESIDENT
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SCRAP METAL
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.
SOLID WASTE
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.
SOURCE SEPARATED
Recyclable materials separated from the solid waste stream at the point of generation.
STEEL CAN
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.
SWMA
The New Jersey Solid Waste Management Act, as amended.
TELEVISION
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.
TEXTILES
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.
TIRES
Rubber wheels used on motorized transport or equipment whether bias-ply, cross-ply or radial.
TONER CARTRIDGE
An exhausted replaceable cartridge containing toner powder and sometimes the photosensitive drum on which a laser printer generates the image to be printed.
TYPE 10 MUNICIPAL SOLID WASTE
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.
TYPE 13 BULKY WASTE
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.
USED OIL
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.
USED OIL COLLECTION CENTER
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.
b. 
The following source separated recyclables will be accepted at the Municipal Recycling Depot:
1. 
Aluminum cans.
2. 
Corrugated cardboard.
3. 
Glass containers.
4. 
Paper.
5. 
Plastic bottles (coded 1 and 2).
6. 
Steel (tin) cans.
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.
e. 
The owner or manager of each and every one of the above referenced locations shall be required to report recycling tonnages as described in Subsection 9-5.10, Recycling Reporting Requirements, except where collection services are provided by the Burlington County Regional Program.
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.
[1]
Editor's Note: See also § 9-9.
Fees under this section shall be established and payable as follows:
a. 
Base rate. The basic quarterly service charge for sewer service shall be $165.
[Amended 3-20-2018 by Ord. No. 2018-02; 2-18-2020 by Ord. No. 2020-03[1]]
[1]
Editor's Note: This ordinance provided that it take effect retroactively 1-1-2020.
b. 
Consumption rate. In addition to the base rate, each user shall pay a sewer metered service charge of $14 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[2]]
[2]
Editor's Note: This ordinance provided that these rates shall be charged effective 1-1-2020.
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 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. 2020-03[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.
e. 
The sewer connection fee is amended to reflect a sewer connection fee of $6,367.43 per equivalent dwelling unit (EDU).
[1]
Editor's Note: See also § 9-6.
[2]
Editor's Note: This ordinance provided that it take effect retroactively 1-1-2020.