Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
See also Chapter 16 for street regulations during soil removal. See Chapter 6 for snow and ice removal, trailer parking and unlicensed vehicles.
[1993 Code § 172-1; Ord. No. 1726]
No person shall make any excavation in or break up or displace the surface of any municipal street, road, or repair or replace any sidewalk or driveway apron within the municipal right-of-way or other public place (excepting county and state roads) or any part thereof in the township without having obtained a written permit from the Township Engineer or his/her designee.
[1993 Code § 172-2; Ord. No. 1726]
Application for a permit shall be made at the office of the Township Building Department by the permittee or his duly authorized agent on forms to be provided by the township. The form shall clearly indicate the type of work being performed, the exact location and dimensions of the proposed street opening, the type of surface to be broken up or displaced, and the purpose of the opening.
[1993 Code § 172-3; Ord. No. 1726]
a. 
The application shall be accompanied by an application fee, a deposit, and an inspection fee as set forth in the Public Works Fee Schedule, on file in the township offices.
b. 
The Township Council is hereby authorized to adopt by resolution amendments, modifications, increases and/or decreases to the Public Works Fee Schedule. No permit shall be issued until payment is made. No part of the deposit shall be refunded, but the same shall be used to defray the expense of repairing or replacing the pavement or surface of the street or road should the contractor fail to properly perform these required activities and construction observation by the township.
c. 
The submitted deposit monies shall be held by the township until such time as the applicant submits a written request to the Township Engineer for the release of deposit monies. At that time, the Township Engineer or his/her designee shall inspect the excavation restoration within 10 business days of receipt of the written request. Upon acceptance of the restoration, monies shall be returned. If the Township Engineer or his/her designee determines that additional excavation restorations are required, the applicant shall make such repairs to the satisfaction of the Township Engineer or his/her designee.
d. 
A public utility corporation may, in lieu of the deposits specified above, file and keep on file with the township a bond in an amount as set forth in the Public Works Fee Schedule and in a form approved by the Township Attorney, guaranteeing the payment of the cost of making emergency and permanent repairs to the pavement or street areas. The public utility corporation shall be billed by the township for the cost of making emergency and permanent repairs to the pavement or street areas, and any such bill shall be paid within 30 days after it has been rendered by the township.
[1993 Code § 172-4; Ord. No. 1726]
The Council may grant special permission by resolution for the installation or extension of utility mains upon special application of a public utility corporation, upon the condition that the utility corporation shall, at its own costs and expense, arrange for trench restoration in accordance with the requirements and specifications of the township, in which event the deposits shall be waived, provided that a construction observer shall be appointed by the township at the expense of the corporation to observe construction on behalf of the township of the excavating, backfilling and pavement replacement to be performed under the provisions of the special permit. In case of emergency due to breakage of pipes or for any other reason, street openings may be commenced by the public utility corporation prior to obtaining a permit, provided that the corporation shall make application for the necessary permit for street opening not later than three days after the opening shall be commenced. Saturdays, Sundays and holidays shall be excluded in computing the period.
[1993 Code § 172-5; Ord. No. 1726]
A permittee shall comply with the requirements of the Township Engineer and the rules and regulations of the Department of Public Works and shall be responsible for the quality and condition of the surface of the road for a period of 12 months from the street opening.
[1993 Code § 172-6; Ord. No. 1726]
Every permittee shall completely restore the excavation, including the pavement section, only after acceptance of the Township Engineer or his/her designee has been obtained within the time specified in subsection 17-1.8 General Rules and Regulations, and in accordance with the Township of West Caldwell Standard Construction Details and after approval of compaction.
a. 
Excavation restoration outside of the roadway area shall be done and left in such condition that it will be safe for the passage of traffic and shall be maintained safe for traffic and such time as permanent repairs are made.
b. 
All excess excavated material or other debris shall be removed from the site.
[1993 Code § 172-7; Ord. No. 1726]
Should the contractor fail to adequately restore the excavation, the Department of Public Works or Contractors engaged by the township shall perform remedial activities in accordance with the Township of West Caldwell Standard Construction Details on file in the office of the Township Engineer, the costs of which shall be deducted from the posted deposit.
[1993 Code § 172-8; Ord. No. 1726]
a. 
Notice of Opening. An excavator shall notify the One-Call Damage Prevention System, established pursuant to N.J.S.A. 48:2-76 et seq. and enabling rules N.J.A.C. 14:2 et seq., of his/her intent to engage in excavation or demolition not less than three business days and not more than 10 business days prior to the beginning of any excavation.
b. 
Protection of Utilities. The permittee shall, at his/her own expense, support, maintain in operation, and protect from injury such pipes, conduits or other structures. If any damage is caused to such structures, the permittee shall restore the same at his own expense, to the satisfaction of the Utility Operator.
c. 
Guarding. The permittee shall properly guard the excavation by the erection of suitable barriers during the day and by lights during the night in accordance with all Manual of Uniform Traffic Control Devices and Occupational Safety and Health Association standards and regulations and shall arrange the work so as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The permittee shall be liable for any neglect to safeguard the traveling public.
d. 
Traffic Control. The contractor shall consult with the West Caldwell Police Department and obtain appropriate Police Department approval of a traffic control plan that is consistent with all Manual of Uniform Traffic Control Devices requirements.
e. 
Overnight Excavations. There shall be no open trenches or excavations left open or unattended overnight within any municipal right-of-way or public easement.
[1993 Code § 172-8; Ord. No. 1726]
Nothing in this section shall be construed as requiring the issuance of a permit for the performance of any work done under a contract with the township or under a developer's agreement for work on any unaccepted streets of the township.
[1993 Code § 172-10; Ord. No. 1726]
No person shall construct, reconstruct or repair a sidewalk, curb, driveway or driveway entrance within the limits of any municipal right-of-way or public easement in the township without first having obtained a permit to do so under this section.
[1993 Code § 172-11; Ord. No. 1726]
a. 
Application. Application for a permit shall be made in writing to the Township Engineer on forms to be furnished by the Building Department, accompanied by a plan or sketch showing the location and details of the work proposed to be done, including the manner in which adequate drainage along the street will be provided. The application will be forwarded to the Township Engineer for establishment of the sidewalk grade, inspection, approval and statement of terms and conditions, if any, on which the permit shall be issued. Upon approval and return of the application to the Building Department, a permit shall be issued by the Township Engineer or his/her designee. When fill is required to meet the sidewalk grade fixed by the Township Engineer, it shall be provided by the owner, and, where the sidewalk grade requires a cut, it shall be cut by the owner.
b. 
Application/Inspection Fee. All applications shall be accompanied by the fee(s) set forth in the Public Works Fee Schedule. Such fee(s) shall provide for both plan review and inspection.
[1993 Code § 172-12; Ord. No. 1726]
No person shall, in constructing sidewalks, curbs, driveways and driveway entrances or in any other part of building operations, close, obstruct or interfere or otherwise adversely impact the existing drainage patterns with any drain, pipe, brook or drainage ditch along or crossing a road abutting the property or permit such obstruction or interference, without making adequate provision for drainage in a manner approved by the Township Engineer.
[1993 Code § 172-13; Ord. No. 1726]
a. 
Sidewalks constructed in residential districts, as defined in Chapter 20, Zoning, and in all park areas shall be constructed of either concrete or bituminous concrete, at the direction of the township in accordance with the Township's Standard Construction Details.
b. 
Sidewalks constructed in the business or industrial zone districts as defined in Chapter 20, Zoning, shall be constructed in accordance with the conditions or specifications referenced on the approved site plan. In the absence of the site plan guidance, sidewalks shall be constructed of concrete.
c. 
No person shall construct, reconstruct or repair a sidewalk, curb, driveway or driveway entrance within the limits of any municipal right-of-way or public easement except in accordance with specifications prepared by the Township Engineer. No existing sidewalk may be removed, and all sidewalks shall be kept in good repair by the abutting property owner.
d. 
Any person who shall construct, reconstruct or repair a sidewalk, curb, driveway or driveway entrance or cause the construction, reconstruction or repair of any sidewalk, curb, driveway or driveway entrance on any public municipal right-of-way or public easement shall do so strictly in accordance with the Township of West Caldwell Standard Construction Details as herein provided and with the approval of the Township Engineer.
[1993 Code § 172-14; Ord. No. 1726]
a. 
Determination. In any case where the Governing Body of the township shall, by resolution, determine to repair or relay any sidewalk on any street, road, avenue or other public place within the township now laid or which hereafter may be laid, the work of such relaying and repairing shall be done by or at the expense of the owner or owners of the land in front of which the improvement shall be made and under the supervision, control and direction of the Township Engineer.
b. 
Notice. A resolution under this section shall specify the general character of the work installed to be done, the kinds of materials to be used in such work and the method of doing the same; and the Township Clerk/Administrator, immediately after the passage of the resolution, shall cause a notice in writing to be served upon the owner or owners of any lands to be affected, in the manner provided by law.
[1993 Code § 172-15; Ord. No. 1726]
The owner or owners of any abutting land shall cause the sidewalks in front of the property to be relayed or repaired within 30 days after service of notice.
[1993 Code § 172-16; Ord. No. 1726]
In case the owner shall not, within 30 days from the date of the service of the notice, perform the work required therein, the Mayor and Council shall proceed to relay or repair the sidewalk or sidewalks at the cost of the owner of the abutting land. In such event, the Township Engineer shall certify the cost to the Collector of Taxes, who shall proceed to collect the same in the same manner as municipal real estate taxes are collected, and the cost and expenses shall be and become a lien on the property.
[1993 Code § 172-17; Ord. No. 1726]
As used in this section, the following terms shall have the meanings indicated:
ENCROACHMENT
Shall mean any permanent fixture such as a wall or fence, shrubbery, planting, bushes or trees (except only grass), which illegally intrudes into or invades a portion of the street, road, avenue or highway, including sidewalk areas thereof, diminishing the width or area of the same but without closing it to public travel, provided that trees planted every 50 feet along and parallel to the street, road, avenue or highway which do not obstruct passage are permitted.
OBSTRUCTION
Shall mean any permanent hindrance, obstacle or barrier which, in any manner, impedes the flow of vehicular and/or pedestrian traffic on any street, road, avenue, or highway and closes it to public travel.
OWNER
Shall mean the holder of the title in fee simple of the real property on which the encroachment or obstruction is situated.
PUBLIC OFFICER
Shall mean the officer or officers who are authorized by this section to exercise the powers prescribed herein.
STREET, ROAD, AVENUE OR HIGHWAY
Shall mean and include any municipal right-of-way or public easement used for the passage or movement of vehicles or pedestrians.
[1993 Code § 172-18; Ord. No. 1726]
No owner of any real property located in the township shall erect, construct or maintain or permit to be erected, constructed or maintained within the limits of the public street, road, avenue or highway, including sidewalk areas, any encroachment or obstruction.
[1993 Code § 172-19; Ord. No. 1726]
The Construction Official of the township or his/her designee is hereby designated as the public officer to exercise the powers prescribed by this section.
[1993 Code § 172-20; Ord. No. 1726]
Whenever the attention of the public officer is called to the existence in the township of an encroachment on or obstruction of, on or in a street, road, avenue or highway or whenever it appears to the public officer on his own notion that such encroachment or obstruction exists, the officer shall prepare and serve upon the owner of the premises, personally or by registered mail, a written demand for the removal of the encroachment or obstructing within 30 days after service of the demand, by the owner.
[1993 Code § 172-21; Ord. No. 1726]
If the owner fails to comply with the order to remove the encroachment or obstruction, the public officer shall initiate a proceeding before the Municipal Judge for the penalty herein provided and, in addition thereto, may cause the encroachment or obstruction to be removed. In that event, the cost of such removal shall be certified to the Collector of Taxes and shall be a municipal lien against the real property against which such cost was incurred.
[1993 Code § 172-22; Ord. No. 1726]
Nothing in this section shall be construed to abrogate or impair the powers of any department of the township to enforce any provisions of its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other ordinance of the township.
[1993 Code § 200-1]
As used in this section, the following terms shall have the meanings indicated:
DISTRIBUTOR
Shall mean any person, firm or corporation responsible for placing, locating, installing or maintaining a news vending machine in a public place in the Township of West Caldwell.
DRIVEWAY
Shall mean that surface, whether improved or not, over and by which ingress and egress are made onto private or public property by vehicles.
NEWS VENDING MACHINE
Shall mean any machine, rack, self-service or coin-operated box, container, storage unit or other dispenser utilized and maintained for the sale and distribution of newspapers, news periodicals, news magazines and any other similar publications.
NEWSPAPER, NEWS PERIODICAL AND NEWS MAGAZINES
Shall mean any newspaper, periodical or magazine of general circulation as defined by general law; any newspaper, periodical or magazine duly entered with the Post Office Department of the United States in accordance with federal statute or regulation; and any newspaper, periodical or magazine filed and recorded with any recording officer as required by general law.
ROADWAY
Shall mean that portion of any street improved, designed or ordinarily utilized for vehicular traffic.
SIDEWALK
Shall mean any surface provided for the exclusive use of pedestrians, including the area between the curb of any street and the property line adjacent thereto, or, if there is no curb, the area between the edge of the street and the property line adjacent thereto, and shall include the public right-of-way along such street or sidewalk.
STREET
Shall mean all that area dedicated to public use for public street purposes, and includes but is not limited to, roadways, parkways, alleys and sidewalks.
[1993 Code § 200-2]
a. 
Any distributor having a news vending machine which is already located or installed in whole or in part on any public sidewalk or public right-of-way within the Township of West Caldwell on the effective date of this section shall, within 30 days from the effective date of this section, notify the Township Construction Official, in writing, of the location and placement of such news vending machines. Such notice shall include:
1. 
The serial number or other identifying number for each news vending machine.
2. 
The precise location of such news vending machine.
3. 
The name, address and telephone number of the distributor.
b. 
From and after the effective date of this section, if any distributor shall locate or install a news vending machine which rests in whole or in part on any public sidewalk or public right-of-way within the Township of West Caldwell, then within 10 days from the date of such installation, such distributor shall notify the Township Construction Official, in writing, of the location and placement of such news vending machine. Such notice shall include:
1. 
The serial number or other identifying number for each news vending machine.
2. 
The precise location of such news vending machine.
3. 
The name, address and telephone number of the distributor.
[1993 Code § 200-3]
Any news vending machine which, in whole or part, rests upon a public sidewalk or public right-of-way within the Township of West Caldwell shall comply with the following standards:
a. 
No news vending machine shall exceed 60 inches in height, 24 inches in width or 20 inches in depth.
b. 
No news vending machine shall be used for commercial advertising or commercial publicity purposes other than to display, promote or advertise the sale of the newspaper, news periodical or magazine sold therein.
c. 
Each news vending machine shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event that the news vending machine door does not open. The coin-return mechanism shall at all times be maintained in good working order.
d. 
Each news vending machine shall have affixed thereto a readily visible notice setting forth the name, address and telephone number of the distributor of the news vending machine to permit users thereof to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism.
e. 
Each news vending machine shall be maintained so that:
1. 
It is reasonably free of loose, chipped, peeling or cracked paint on the exterior surfaces thereof.
2. 
It is reasonably free of rust and corrosion on the exterior surfaces thereof.
3. 
The clear plastic or glass parts thereof, if any, are not broken or cracked so as to create danger to users thereof.
4. 
Structural parts are not broken, cracked or otherwise dangerous to users thereof.
[1993 Code § 200-4]
Any news vending machines which rest, in whole or in part, upon any portion of the public sidewalk or public right-of-way or which project onto, into or over any part of a public right-of-way shall be located in accordance with the provisions of this section.
a. 
No news vending machine shall project onto, into or over any part of the roadway of any public street or rest, wholly or in part, upon, along or over any portion of the roadway of any public street.
b. 
No news vending machine shall be permitted to rest upon, in or over any public sidewalk if the location of such news vending machine:
1. 
Endangers the safety of persons or property.
2. 
Unreasonably interferes with or impedes the flow of pedestrians along the public right-of-way.
3. 
Unreasonably interferes with or impedes the flow of vehicular traffic along the public roadway.
4. 
Unreasonably interferes with the ingress or egress to and from any public or private property.
5. 
Unreasonably interferes with traffic signs, traffic signals, fire hydrants, police or fire call boxes, utility poles, mailboxes or other equipment located on or near the public roadway, public sidewalks or the public right-of-way.
c. 
News vending machines shall be chained or otherwise secured so as to prevent their unauthorized removal or their accidental movement within the public sidewalk or public right-of-way.
d. 
News vending machines may be placed next to each other and grouped, provided that no group of news vending machines shall extend for a distance of more than four feet along a curb, and provided that the grouping of such machines shall not violate the provisions of paragraph b.
e. 
In the event that the township provides an enclosure or other structure for the placement of news vending machines on a given block within the township, the distributor shall place its news vending machine within the enclosure or structure and shall not place any other news vending machine on that block.
f. 
News vending machines shall not be placed, installed, located, used or maintained:
1. 
Within 10 feet of any marked crosswalk.
2. 
Within 12 feet of a curb return of an unmarked crosswalk.
3. 
Within 10 feet of any fire hydrant, fire call box, police call box, other emergency facility or equipment or handicap curb cut.
4. 
Within five feet of any driveway.
5. 
Within a designated bus stop marked by a yellow curb, except that news vending machines may be located within the first five feet along the yellow curb, measured from the near side point of the yellow curb, and within the last five feet along the yellow curb, measured from the far side point of the yellow curb; provided, however, that such news vending machines do not unreasonably interfere with the loading and unloading of passengers.
[1993 Code § 200-5]
a. 
If the Construction Official determines that a news vending machine does not comply with the provisions of this section, including the requirement to register such news vending machine with the Construction Official, then the Construction Official shall mail a written notice to the distributor of such news vending machine by certified mail, return receipt requested, stating the reasons why such news vending machine does not comply with the provisions of this section.
b. 
If a distributor fails to adjust, correct, register or otherwise cause such news vending machine to comply with the provisions of this section within seven days from the date written notice of noncompliance is mailed by the Construction Official, then such distributor shall be in violation of this section.
[1993 Code § 200-6]
a. 
Any distributor who fails to comply with the provisions of this section shall, upon conviction thereof in the Municipal Court, be punishable by a fine not to exceed $1,000 or imprisonment for a term not to exceed 90 days, or both. Each day for which a distributor fails to comply with the provisions of this section shall constitute a separate violation hereunder.
b. 
If a distributor is convicted of a violation of this section by the Municipal Court and if such distributor thereafter refuses to remedy or correct the violation within 10 days from the date of the conviction, then the Construction Official of the Township of West Caldwell shall be empowered to remove the news vending machine which is the basis for such conviction from the public sidewalk or public right-of-way or other place and make available for return such news vending machine to the distributor identified on the news vending machine.
[1993 Code § 200-7]
It shall be unlawful for any person to tamper with, deface or vandalize any news vending machine within the Township of West Caldwell. Any person who shall violate this subsection shall, upon conviction thereof in the Municipal Court, be punished by a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 110-1; New; Ord. No. 1575 § I]
As used in this section, the following terms shall have the meanings indicated:
a. 
Debris shall include brush, refuse, grass clippings, garden clippings, leaves, weeds, fruits and litter, all of which shall be placed in containers for handling, and including Christmas trees, wreaths, household appliances, fixtures, furniture and other discarded material, and including tree trunks and branches under six inches in diameter and under four feet in length tied in bundles for handling.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
b. 
Shall not include the following:
1. 
Garbage, ashes and refuse, as the same is defined elsewhere in this Code.
2. 
Rocks, earth and tree stumps.
3. 
Tree trunks and branches over six inches in diameter and over four feet in length. Trees demolished on site by owners or contractors shall be removed by them.
4. 
Waste building materials resulting from the demolition or repair of buildings, bricks or concrete. These shall be removed by the owner or contractor.
5. 
Leaves.
(a) 
Leaves falling on residential property unless otherwise disposed of by the owner or tenant, shall be collected by each property owner, separated from all other materials, placed in paper bags and placed at the curb of the property to be collected as may be directed by the Township Council.
(b) 
Consistent with the provisions of P.L. 1987, c. 102[1], and the Essex County Solid Waste Management Plan, the Mayor and Council may adopt, by resolution, rules, regulations and fee schedules to provide for the acceptance of leaves from commercial haulers which are generated by and collected from properties within the Township of West Caldwell. Said rules, regulations and fees shall require that all such haulers post a bond with the township, renewable yearly, and shall also require a registration fee and a per-load disposal fee.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
6. 
Refuse accumulated by apartments containing more than four families, commercial businesses and industrial concerns, which shall provide at all times their own contractual disposal, subject to the requirements of the Board of Health.
[1993 Code § 110-2]
The Mayor and Council shall advertise for bids and contract with the lowest responsible bidder for collection and disposal service in accordance with the provisions of this section. All details as to the bidding, specifications, removal and disposal and the terms of the contract may be regulated by resolution of the Council.
[Ord. No. 1575 § I]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste, if grass clippings, is containerized as set forth in subsection 17-5.1b5(a). If yard waste that is not containerized is placed in the street, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[1993 Code § 110-3]
The provisions of this section shall be enforced by the West Caldwell Board of Health or its duly appointed officer and by the Township Engineer, who shall have concurrent jurisdiction in connection with the enforcement and compliance with the terms of this section and any contract made pursuant to it.
[Ord. No. 1575 § I]
Any person who is found to be in violation of these provisions shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 110-4]
No person shall gather, collect, remove or in any way interfere with the collection of ashes, garbage or other refuse, including commercial and industrial waste material, from any dwelling house, multiple-family building, store, commercial, industrial or other building, place or premises or engage in the business or occupation of gathering, collecting or removing ashes, garbage or other refuse, including commercial and industrial waste material, within the Township of West Caldwell or use the streets of the township for the purpose of transporting the same, unless duly licensed by the Board of Public Utility Commissioners and in conformity with the requirements of a permit or license and rules and regulations duly adopted by the Board of Public Utility Commissioners.
[1993 Code § 110-5; Ord. No. 1575 § II]
As used in this section, the following terms shall have the meanings indicated:
ASHES AND REFUSE
Shall mean and shall include the residue of any material used as fuel for heating or cooking purposes or facilities after combustion has taken place, including paper, cardboard, broken or discarded crockery, glassware, rags, household utensils, house sweepings, bottles, tin cans, rubbish, grass and shrubbery clippings and waste products, but not building material or fixtures, trees, earth, stones or industrial waste, automobile parts or debris, and not including debris as defined in this chapter.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into the street and coming into contact with stormwater.
GARBAGE
Shall mean and shall include dead animals, the refuse or animal and vegetable matter which has been used as food or animal or vegetable matter from a kitchen, market or store and all other household waste matter.
LICENSEE
Shall mean a person, firm or corporation which holds a certificate of convenience and necessity, otherwise designated as a license granted by the Board of Public Utility Commissioners of the State of New Jersey, pursuant to the laws of the State of New Jersey.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision in this state subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and grass clippings.
[1993 Code § 110-6]
For the purposes of identification, every person holding a certificate of public convenience and necessity (hereinafter referred to as the "license") from the Board of Public Utility Commissioners who shall collect and remove any waste material as herein defined and use the streets of the Township of West Caldwell for the purpose of transporting the same shall file a copy of his license granted by the Board of Public Utility Commissioners with the Board of Health and the Police Department of the township.
[1993 Code § 110-7]
Every licensee shall have at all times an adequate number of trucks of ample power and carrying capacity required to perform any contract and provide public liability insurance thereon in an amount not less than $100,000 for each person injured and an aggregate of not less than $300,000 for each accident and property damage insurance in an amount not less than $25,000 for each accident. A certificate of such insurance shall be filed with the Health Officer and Police Department.
[1993 Code § 110-8]
Trucks shall be of the automatic packer type, at all times in good operating mechanical condition and of good appearance and shall be provided with heavy covering for containing content; provided, however, that, for collection of commercial and industrial waste from commercial or light manufacturing businesses which do not require the collection of garbage, the Health Officer may approve a nonpacker type of truck.
[1993 Code § 110-9]
a. 
Each licensee shall collect, load and transport all ashes, rubbish, garbage and other collected material by such means and in such manner so that no material, solid or liquid, shall escape and drop upon the ground. If material is spilled, it shall be immediately cleaned up. When a truck is fully loaded, its contents shall be carefully secured by a heavy metal covering.
b. 
Drivers and collectors shall at all times be courteous, sober and responsible and shall wear badges identifying the individual by serial letter, number or name, as the Health Officer shall approve.
c. 
All avoidable noise shall be prevented in the making of collections. Containers shall be properly and carefully replaced on the premises where collected.
[1993 Code § 110-10]
The licensee shall be required to submit and file with the Health Officer, and annually thereafter, a letter from the Governing Body or the Board of Health of the municipality in which the dumping grounds are located, certifying that the dumping grounds and area are duly licensed as a dumping ground.
[1993 Code § 110-11]
a. 
Collections shall be made at least twice a week and shall be approved by the Health Officer. Collections shall start not earlier than 6:00 a.m. and shall stop not later than 7:00 p.m. for residential and commercial collection, and start not earlier than 5:00 a.m. and stop not later than 7:00 p.m. for industrial waste collection.
b. 
Collections may be omitted on the following days: Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, Independence Day and Labor Day, provided that the licensee schedules a substitute pickup within 24 hours for Memorial Day, Independence Day and Labor Day. The licensee shall advise customers of changes or omissions in collections not less than three days nor more than five days in advance of such change.
[1993 Code § 110-14]
The licensee shall maintain a local office or qualified agent with a telephone to be in a position to act on complaints and transact business and shall see that such complaints receive prompt and proper attention.
[1993 Code § 110-15; Ord. No. 1575 § II]
The provisions of this section shall be enforced by the West Caldwell Board of Health or its duly appointed officer, and any licensee shall be under the supervision of the Township Health Officer or any other agent designated by the Mayor and Council in connection with compliance hereunder.
[1993 Code § 110-16; Ord. No. 1575 § II]
a. 
Every owner or occupant who has contracted for collection service shall provide and utilize refuse containers of metal or plastic or other approved construction, which are strong and which have tight fitting covers and proper handles. All refuse containers shall be kept clean and in a safe condition for handling.
b. 
On collection days, refuse containers shall be placed by the owner and occupant outside and closely adjacent to the curb or, in special cases and upon payment of an additional fee, at the side or rear of the dwelling, so that refuse can be collected from the dwelling without entering any building.
c. 
While standing outside any dwelling or at the curb, refuse containers shall be tightly covered. All refuse containers after collection shall be promptly removed within 12 hours after collection from the front of the dwelling and restored to the side or rear of the dwelling.
d. 
For the collection of commercial and industrial waste, special arrangements shall be made between the licensee and the owner or occupant.
e. 
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow, or otherwise place yard waste, unless the yard waste, if grass clippings, is containerized as defined in subsection 17-5.1, in the street, or if leaves, if containerized is placed on the street, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 1575 § II]
Any person who is found to be in violation of these provisions shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1]
Editor's Note: Prior ordinance history includes portions of 1993 Code §§ 110-17 — 110-23.
[Ord. No. 1645 § 17-7.1]
COMMERCIAL ESTABLISHMENT
Shall mean all places of business, including wholesale, retail, service, food, transportation, warehouse, industrial, etc.
COMMINGLED
Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Shall mean those materials designated within the Essex County District Waste Management Plan to be source separated for the purpose of recycling and not be permitted to enter the solid waste disposal stream. These materials include:
a. 
Newspapers.
b. 
Mixed paper (i.e. junk mail, office paper, magazines, all marketable grades)
c. 
Corrugated containers.
d. 
Glass food and beverage containers.
e. 
Aluminum beverage containers.
f. 
Plastic containers (#1 and #2).
g. 
Steel/tin containers.
h. 
Leaves.
i. 
Used motor oil.
j. 
White good (i.e. refrigerators, washers/dryers).
k. 
Lead acid batteries (vehicle batteries).
l. 
Ferrous scrap.
INSTITUTIONAL ESTABLISHMENT
Shall mean all government buildings, schools, colleges, hospitals, clinics, etc.
MULTIFAMILY DWELLING
Shall mean any building or structure, or complex of buildings in which four or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes and shall include hotels, motels or other guest houses serving transient or seasonal guests.
MUNICIPAL RECYCLING COORDINATOR
Shall mean the person or persons appointed by the Municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of West Caldwell.
RECYCLABLE MATERIAL
Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENTIAL DWELLING
Shall mean all homes, condominiums, townhouses, apartments, trailer parks, etc., including certain housing types considered institutional (i.e. senior citizen homes).
SOURCE SEPARATION
Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 1645 § 17-7.2]
a. 
Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the municipality of West Caldwell, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separately and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Municipal Recycling Coordinator.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the Governing Body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the section which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
[Ord. No. 1645 § 17-7.3]
From the time of placement at the curb by any person of recyclables for collection by the township of its authorized agent pursuant to the regulations established herein, such recyclables shall become the property of the township or its authorized agent. It shall be unlawful for any person, firm or corporation not authorized by the township to collect or pickup or cause to be collected or picked up any such recyclables for any purpose whatsoever. Each and any such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as hereinafter provided. Any person violating this section shall be subject to a fine of $250 per offense.
[Ord. No. 1645 § 17-7.4]
a. 
All containers and/or brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling conditions. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside no later than 7:00 p.m. of the day of collection.
b. 
All receptacles or dumpsters shall be maintained in accordance with the Revised General Code of the Township of West Caldwell.
[Ord. No. 1645 § 17-7.5]
a. 
Residential Dwellings. The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and at least every 12 months during their occupancy.
b. 
Commercial and Institutional Establishments. All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section. The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
c. 
Every business, institution, and commercial or industrial facility shall report on an annual basis to the Municipal Recycling Coordinator the weight of recycled material, the type of recycled material, and the vendor or vendors providing recycling service.
[Ord. No. 1645 § 17-7.6]
a. 
Any application to the planning board of the Township of West Caldwell for subdivision or site plan approval for the construction of multi-family dwellings of four or more units, or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and;
2. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
b. 
Prior to the issuance of a certificate of occupancy by the municipality of West Caldwell, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
[Ord. No. 1645 § 17-7.7]
a. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove or otherwise handle designated recyclable materials.
[Ord. No. 1645 § 17-7.8]
The Municipal Recycling Coordinator, Health Officer, Property Maintenance Officer, and the Essex County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 1645 § 17-7.9]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250, nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program, including enforcement.
[Ord. No. 1645 § 17-7.10]
In the event that it is determined, by a court of competent jurisdiction, that any provision or subsection of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately, unless otherwise provided by resolution of the Governing Body.