[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:
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.
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.
Shall mean the holder of the title in fee simple of the real
property on which the encroachment or obstruction is situated.
Shall mean the officer or officers who are authorized by
this section to exercise the powers prescribed herein.
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:
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.
Shall mean that surface, whether improved or not, over and
by which ingress and egress are made onto private or public property
by vehicles.
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.
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.
Shall mean that portion of any street improved, designed
or ordinarily utilized for vehicular traffic.
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.
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:
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:
[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.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
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.
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]
[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:
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.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision in this state subject
to municipal jurisdiction.
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.
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]
[1]
Editor's Note: Prior ordinance history includes portions
of 1993 Code §§ 110-17 — 110-23.
[Ord. No. 1645 § 17-7.1]
Shall mean all places of business, including wholesale, retail,
service, food, transportation, warehouse, industrial, etc.
Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
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:
Newspapers.
Mixed paper (i.e. junk mail, office paper, magazines, all marketable
grades)
Corrugated containers.
Glass food and beverage containers.
Aluminum beverage containers.
Plastic containers (#1 and #2).
Steel/tin containers.
Leaves.
Used motor oil.
White good (i.e. refrigerators, washers/dryers).
Lead acid batteries (vehicle batteries).
Ferrous scrap.
Shall mean all government buildings, schools, colleges, hospitals,
clinics, etc.
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.
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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the municipality
of West Caldwell.
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.
Shall mean all homes, condominiums, townhouses, apartments,
trailer parks, etc., including certain housing types considered institutional
(i.e. senior citizen homes).
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.
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.
