[1]
Editor's Note: Prior ordinance history includes portions
of 1982 Code §§ 151-1 - 151-4, Ordinance Nos. 33, 65,
93-818, 03-1095, 04-1120, Executive Order 2004-6-3 and Ordinance No.
06-1198.
[Ord. #07-1230]
a.
It shall be unlawful for any person, corporation, or other legal
entity to dig up or excavate any street, avenue, alley, lane, highway,
road, sidewalk, curb, pavement or any part thereof, within the Borough
Right of Way for any purpose whatever, unless and until a written
application as hereinafter provided is first submitted to and a permit
is granted by the Administrator.
[Ord. #07-1230]
a.
Any written application for a street excavation shall be made in
quadruplicate, completed and signed by the applicant, and shall delineate
and accurately describe the section or sections to be dug up or excavated
and the purpose, nature, scope, area and extent of the work, the length
of time the work will require, suitable drawings depicting the proposed
work, the name of the person, firm or corporation who will perform
the work and the time when the restoration hereinafter provided will
be completed.
b.
The applicant shall list on the application the name, address and
emergency telephone numbers of at least two persons responsible to
be called at all times in case emergency problems or situations arise
at the construction or maintenance site. A copy of this information
will be provided to the Police Department (via the Administrator's
Office) prior to the commencement of any work at the site. If for
any reason, no person is available at the emergency telephone numbers
or a person fails to cooperate with a request from the Police Department
or Department of Public Works to correct a hazardous situation, the
Borough shall have the authority to correct any hazardous condition
or situation at the work site. In such event, the applicant shall
be responsible to reimburse the Borough for all expenses incurred
for such correction.
c.
Upon receipt of such application the Administrator will forward a
copy each to the Director of the Department of Public Works and the
Borough Engineer. If no objections to the issuance of such street
opening permit shall have been received within five days, the Administrator
shall issue such street opening permit provided, however, that the
applicant shall have first delivered to the Administrator the appropriate
fees and guarantees set forth herein.
d.
In the event the Administrator receives objections from the Borough
Engineer or the Director of the Department of Public Works with respect
to the issuance of a street opening permit within the five-day period
aforesaid, then and in that event no permit shall be issued by the
Administrator until such time or upon such conditions as the Administrator
may impose.
e.
Fees. The fees shall be as follows: A fee of $38 shall be paid by
applicant for the first 100 square feet or less to be excavated. There
shall be an additional $10 for each 100 square feet or portion thereof
above the initial 100 square feet. These fees shall apply to each
application submitted and are not refundable. $10 of the fee will
be placed in an escrow account for payment to a GPS/GIS entry and
management entity. $3 of the fee will be placed in an escrow account
to be utilized for a computerized document management system.
There shall also be an inspection fee of $100. The inspection
fee will be waived in the case of repair of existing sidewalk. The
calculation of the fees may be determined by the Department of Public
Works or the Borough Engineer.
f.
In case of emergency, an emergency permit may be issued by the Police
Department of the Borough, after which an application for a permit,
as hereinbefore required, shall be made to the Director of Public
Works, or his designated representative, within two business days
after the work has been commenced.
[Ord. #07-1230]
a.
In addition to the application and inspection fee as set forth in subsection 15-1.2e, the application for a permit to perform work under this section shall be accompanied by a repair deposit. Such repair deposit shall take the form of cash or check, payable to the Borough of Tinton Falls, and shall be received by the Administrator prior to the issuance of any permit. Any repair deposit made hereunder shall serve as security for the repair of the road surface and/or off-road ground surface disturbed to a condition comparable to that present prior to the excavation in the event the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and/or the excavation work performed in accordance with the permit.
The amount of be collected in addition to the permit and inspection
fees shall be:
1.
Areas where there is no permanent hard surface:
(a)
Repair Deposit — $5 per square foot to be excavated, provided
that the minimum deposit shall be $250.
2.
Areas where the surface or treatment to be excavated is brick, asphalt,
bituminous concrete, wood block or other permanent surface or treatment:
(a)
Repair Deposit — $10 per square foot, provided that the
minimum deposit shall be $250.
Calculation of all fees may be determined by the Department
of Public Works or the Borough Engineer.
b.
The repair deposit shall be held by the Borough for a period of one
year and shall be utilized if necessary for the repair, resurfacing,
restoration or paving of the area excavated, pursuant to the permit.
Should such work not be necessary during the one-year period, the
deposit shall be returned to the applicant. Final inspection of the
excavation site may be performed by the Department of Public Works
or the Borough Engineer. In lieu of the deposit by cash or certified
check, the applicant may deposit a surety bond of equal amount and
approved as to form by the Director of Law. Where several permits
are desired throughout the year, a blanket bond in a sum to be fixed
by the Administrator based on the estimated number of permits to be
issued, may be given in lieu of a separate bond or deposit for each
separate deposit, the bond shall be renewed annually. No such permit
shall be or become effective unless and until the deposit herein required
is made. Any permit issued may be on such other reasonable terms and
conditions as the Borough may require in the public interest.
c.
Any such deposit shall be retained by the Borough of a period of
one year from the date of the completion by the applicant of the work
of restoring to at least its original condition and appearance any
section or sections so excavated with the stabilized base course level
and shall be made flush with the existing pavement, and shall be,
until that time, security for any restoration herein provided as well
as security for any other damage or loss the Borough may incur or
become subject to by reason of such excavation or any work connected
therewith.
d.
In the event any restoration herein provided is not completed with
the time and upon the terms and conditions set forth in the application
or the permit, or in the event such restoration is done otherwise
than in good and workmanlike and approved manner and in accordance
with standard practice, or in the event the Borough incurs or is or
will become subject to any damage or other loss by reason of the work
or excavation, then the deposit may be used and applied by the Borough
to the Borough's work of restoration or to any such damage or
loss and if the deposit is insufficient to answer therefore, then
the applicant shall be and become liable to the Borough for any excess
of the cost thereof over the deposit, and in the event the deposit
is entirely sufficient therefore and there is any surplus, the Borough
shall repay to the applicant any such surplus or balance remaining
of the deposit.
e.
No deposit herein provided shall be returned unless and until the
Director of Public Works, Borough Engineer, or suitable designee shall
have first inspected the work and restoration thereof and has determined
that the same has been performed in compliance with this chapter,
evidence of such determination to be in the form of a certification
signed by the Department of Public Works or Borough Engineer, a copy
of which shall remain on file with the Administrator.
[Ord. #07-1230]
It shall be the duty of the applicant to restore the street
surface in the following manner and to maintain all proper safeguards
relating to the opening or excavation to protect the public from damage
or injury resulting from same.
1.
All trench openings shall be neatly saw cut, unless specifically
allowed, in writing by the Public Works Department for unusual circumstances.
2.
The type of material used for backfilling shall be as specified by
the Borough Engineer to ensure the restoration of a street or road
to its prior condition. For the purpose of establishing specifications
for the restoration, the specifications promulgated by the Department
of Transportation of the State of New Jersey shall serve as a guideline
for street restoration.
3.
Tack coat should be applied to the edges of the street opening just
prior to placement of the bituminous surface course. Placement of
the tack coat shall be in accordance with the latest revision of the
State of New Jersey Standard Specifications for Road and Bridge Construction.
4.
It shall be the duty of each person, corporation, partnership, firm
and their contractor or agents to notify the Borough Administrator
prior to the backfilling of the opening or excavation, and of the
date such work will be done, so that the Borough Engineer or agent
of the Borough may, in his discretion, inspect all aspects of the
street restoration, etc., and to file a written report to be used
in the determination of the return of the repair deposit.
5.
The partially restored pavement (stabilized base course level with the existing pavement as described in subsection 15-1.3c) shall be allowed to settle for no less than 90 days and no more than 180 days. Upon the completion of the settling period, the opened or excavated area shall be milled and repaved with NJDOT Mix I-5 utilizing an infrared restoration process. If at any time during the settlement period, the trench becomes unacceptable as determined by the Director of Public Works, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within 24 hours of such notification by the Director of Public Works. If the repair is not made in the time specified, the Borough may make the repair and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Public Works, an inspection shall be performed by the Department.
6.
The permittee shall be required to replace any facilities including
but not limited to curb, pavement sidewalk, line striping, etc. that
are affected by the excavation and restoration work.
[Ord. #07-1230]
No permit shall be issued which would allow an opening or excavation
of a paved or improved street surface less than five years old unless
the applicant clearly demonstrates to the Borough Engineer that public
health or safety requires the proposed work to be permitted or unless
an emergency condition exists. If a permit is issued pursuant hereto
to open any repaved street less than five years old, an enhanced restoration
may be required for said opening permit at the discretion of the Borough
Engineer. Enhanced restoration may include half width to full width
milling and repaving to minimize the deleterious effects of the pavement
disturbance.
[Ord. #07-1230]
The permittee shall first obtain the appropriate utility markouts
as required by law. The permittee shall not interfere with any existing
utility without the written consent of the utility company or person
owning the utility. If it becomes necessary to remove an existing
utility, this shall be done by its owner. No utility owned by the
Borough shall be moved to accommodate the permittee unless the cost
of such work is borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless it
makes other arrangements with the owner of the utility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work and do everything necessary to support, sustain
and protect them under, over, along or across the work, in accordance
with applicable statutory provisions. In case any pipes, conduits,
poles, wires or apparatus should be damaged, they shall be repaired
by the agency or owner and the expense of such repairs shall be borne
by permittee, and his or its bond shall be liable therefore. The permittee
shall be responsible for any damage done to any public or private
property by reason of the breaking of any water pipes, sewer, gas
pipe, electric conduit or other utility, and its bond shall be liable
therefore. The permittee shall inform itself as to the existence and
location of all underground utilities and protect the same against
damage.
[Ord. #07-1230]
No excavation shall remain open overnight, and any excavation
shall be properly secured and marked with appropriate devices at all
times.
[Ord. #07-1230]
The permittee may be required to place a temporary surface over
openings made in paved traffic lanes if the road must be reopened
before the normal completion of work. The fill below the bottom of
the existing pavement shall be tamped into place, properly graded
and topped with a minimum of four inches of bituminous patch material
which is suitable to maintain the opening in good condition until
permanent restoration can be made, but in no case shall temporary
patch be used for more than seven days.
[Ord. #07-1230]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
so as not to endanger those working in the trench, pedestrians or
users of the streets and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow street, the Borough shall have the authority to require
that the permittee haul the excavated material to a storage site and
then return it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and to make all necessary arrangements for all required storage and
disposal sites.
[Ord. #07-1230]
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repairs shall conform to the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the Department
of Public Works shall require the labor and materials to be furnished
and the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond therefor.
[Ord. #07-1230]
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Department
of Public Works. From time to time as may be ordered by the Department
of Public Works, and in any event, immediately after completion of
the work, the permittee shall at his or its own expense clean up and
remove all refuse and unused materials of any kind resulting from
the work; and upon failure to do so within 24 hours after having been
notified to do so by the Borough, the work may be done by the Borough
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond provided
hereunder.
[Ord. #07-1230]
This section shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an opening or excavation permit is issued hereunder; nor shall
the Borough or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any opening or excavation work.
[Ord. #07-1230]
The penalties for violation of this section shall be proscribed
as set forth in Chapter 1-5 (General Penalties) in the Tinton Falls
Revised General Ordinances.
[1982 Code § 101-1; Ord. #603; Ord. #629; Ord.
#639; Ord. #05-1169, § 1; Ord. #10-1297]
As used in this section:
Shall mean normally loose items which shall be collected
if organized into bundles of not more than five feet in length and
tied with heavy twine, rope, wire, etc. "Bundles" shall be organized
as to be conveniently handled by one person. No "bundle" shall exceed
50 pounds in weight.
Shall mean a receptacle constructed of such material and
in such a manner as to hold solid waste and trash and other such items
without breaking or collapsing. "Containers" shall have handles and
covers so that the contents therein are not exposed to the weather,
animals and vermin.
Shall mean computers, monitors and other related electronic
hardware as well as televisions, radios, cameras, VCR's, DVD
players and stereo components.
Shall mean and include rugs, plate glass, cold ashes, offal
or kitchen waste, animal matter, vegetable matter, other than branches,
tree limbs, tree trunks and trimmings, leaves and grass cuttings.
Containers which, in the opinion of the Department, are badly broken
or fail to meet the requirements of this section may be classified
as "garbage." Items classified as recyclables shall be prohibited
from being placed commingled with other materials.
Shall mean all garbage and rubbish normally produced by the
occupants of residential and nonresidential property, disposed of
by private and/or public pickup and defined as "solid waste" by the
New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-3).
Shall mean any right-of-way, avenue, boulevard, road, parkway,
viaduct, drive or other way which is:
An existing State, County or municipality roadway; or
Shown upon a plat approved by the Planning Board or Zoning Board
of Adjustment and built in accordance with Borough standards, and
which may be either public or private; or
Shown on a plat filed in the office of the County Clerk of the
County of Monmouth prior to the creation of the Planning Board or
Zoning Board of Adjustment of the Borough of Tinton Falls; and
Not dedicated, in whole or in part, as a parking area or driveway
which provides access to any building or structures.
[1982 Code § 101-2; Ord. #603; Ord. #05-1169, § 1;
Ord. #10-1297]
a.
Collection districts and areas, together with the dates of collection,
shall be established by regulation of the Department of Public Works.
In the event of an emergent situation, the Department may suspend,
restrict or otherwise modify the provisions of this section.
b.
The following shall constitute holidays on which no collection shall
be made:
New Year's Day.
Martin Luther King Jr. Day.
Presidents Day.
Good Friday.
Memorial Day.
Independence Day.
Labor Day.
Columbus Day.
Veterans Day.
Thanksgiving Day.
Thanksgiving Friday.
Christmas Eve.
Christmas Day.
[1982 Code § 101-3; Ord. #603; Ord. #629; Ord.
#639]
Property owners and their agents, lessees, tenants or other
occupants residing in residential dwellings who wish to have their
solid waste disposed by the Borough shall:
a.
Place solid waste from their dwelling unit in appropriate containers
as specified at the street curb if one exists or adjacent to but not
on the street pavement if there is no curb.
b.
Containers shall be placed for collection as specified above beginning
at dusk of the night preceding the scheduled collection day. All containers
with solid waste shall be placed by 7:00 a.m. of the collection day,
and those placed after that hour may not be collected if the collection
activity has already taken place. Solid waste containers shall be
removed from the curb or pavement edge by 7:00 p.m. of the evening
of the collection day.
c.
Residential properties shall be permitted to place solid waste for
collection pursuant to this section and regulations issued by the
Department of Public Works. These regulations shall, as a minimum,
state the type and number of containers and shall provide for regular,
special and unlimited pickup, subject to limitations of the municipal
budget of the Borough.
d.
The Department may, provided that sufficient capacity of the routes
remain, permit additional containers to be placed, provided that special
prior arrangements have been made with the Department.
e.
No collection of solid waste shall be accomplished on property outside
of the dedicated public rights-of-way unless and until a release and
a hold harmless and indemnification agreement between the property
owner of record and the Borough of Tinton Falls shall be executed
and in force. The owner of record shall also execute a license to
the Borough to permit access to the premises in question.
[1982 Code § 101-4; Ord. #603; Ord. #629]
a.
Nonresidential property owners and their agents, lessees, tenants
or other occupants who wish to have their solid waste disposed by
the Borough shall:
1.
Place all solid waste from their commercial or business property in accordance with the provisions of paragraphs a and b of subsection 15-6.3, Residential Garbage Collection, provided that the maximum number of containers or bundles shall be eight.
2.
Provide containerized receptacles which shall be located on private
property in accordance with regulations of the Department.
b.
Containerized receptacles shall be required at the sole discretion
of the Department when the volume or weight of the solid waste generated
from a nonresidential property exceeds the limit of containers and
bundles imposed by the Borough. In the event that the number or size
of the containerized receptacles is found to be insufficient, the
Department in its sole discretion may require additional containerized
receptacles.
c.
All containerized receptacles shall be purchased, procured or provided
by the property owner and his agent(s), lessees, tenants or other
occupants at their own cost. All containerized receptacles shall meet
and conform to specifications determined by the Department of Public
Works.
d.
All containerized receptacles shall be located on private property
within a dedicated area determined by the Department in order that
the containerized receptacle can be promptly, efficiently and safely
emptied. The property owner and his agents, lessees, tenants or other
occupants shall cause no obstruction to block, partially block or
impede the Department or its agent from access to the containerized
receptacle. In the event that the containerized receptacle cannot
be emptied in the sole discretion of the Department, collection service
shall be refused, and any subsequent service shall be at the expense
of the property owner and his agents, lessees, tenants or other occupants.
e.
No solid waste shall be removed unless the same is placed inside
the containerized receptacle.
f.
In the event of a holiday where collection activities are suspended,
nonresidential collection activities shall return on the next regularly
scheduled collection day without makeup collection.
[1982 Code § 101-5; Ord. #603; Ord. #629; Ord.
#05-1169, § 1; Ord. #10-1297]
The following items are prohibited from being placed for collection:
a.
Construction materials, including but not limited to bulk roof shingles,
dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard,
sheetrock, etc.
b.
Hot ashes, dirt, earth, stone, blacktop, concrete, concrete block
and macadam.
c.
Industrial waste, including but not limited to processed scrap materials,
packing materials and certain hazardous and dangerous materials, such
as acids, paints, fluorescent tubes, bulk amounts of glass, toxic
materials and highly volatile or explosive matter, either in liquid,
gaseous, or solid form.
d.
Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, wheel tires, mufflers, and other bulk items normally
produced in quantity by vehicular repair operations.
e.
Dead animals, animal waste and animal droppings.
f.
Surgical dressings, syringes and disposable hospital-type items.
g.
Hazardous waste classified pursuant to regulations issued by the
New Jersey Department of Environmental Protection, adopted under authority
of N.J.S.A. 13:1D-9 and 13:1E-6, as amended. Toxic chemicals commonly
known as "commercial hazardous waste" and "household hazardous waste"
shall be excluded from the waste flow accepted from commingled and
garbage disposal.
h.
Automotive and other vehicle wet cell batteries, rechargeable dry
cell batteries, button batteries, used motor oil and antifreeze shall
not be disposed as solid waste. Such items are to be kept separate
from other waste materials and recyclables, and brought to local service
stations, scrapyards, or publicly-operated recycling facilities designed
and permitted to handle such products.
[1982 Code § 101-6; Ord. #603]
a.
Domestic or household bulky items, such as washing machines, refrigerators,
stoves, household appliances, and other household furnishings, such
as chairs, sofas, etc., shall not be placed at the curb for collection
unless special arrangements have first been made with the Department
of Public Works. No public item shall be of a weight or be of a size
greater than can be conveniently handled by two persons.
b.
It shall be a violation of this section for any individual, association,
partnership or corporation to leave outside of any building or dwelling,
in a place accessible to children, any abandoned, unattended or discarded
icebox, refrigerator, freezer or dishwasher or any other item of any
kind which has an airtight door, with or without lock, without first
removing the airtight door.
[Ord. #10-1297]
[Ord. #10-1297]
a.
As of January 1, 2011 computers, computer monitors and other related
electronic hardware as well as televisions, radios, cameras, VCR's,
DVD players and stereo components shall be recycled.
b.
Electronic waste is prohibited from being placed with other solid
waste for disposal. These and other electronic devices shall be kept
separate and brought to retail outlets or publicly operated recycling
facilities providing specific arrangements for shipment of these items
to appropriate processing facilities.
[Ord. #10-1297]
Property owners of record shall be responsible for the placement
of materials for collection as specified herein.
a.
Violation or noncompliance with any of the provisions of this section,
or the rules and regulations promulgated hereunder, shall be punishable
by a fine as follows:
b.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such.
c.
Fines levied and collected in Municipal Court pursuant to the provisions
of this section shall be deposited into the Borough of Tinton Falls
Recycling Trust Fund. Monies in the Borough of Tinton Falls Recycling
Trust Fund shall be used for the expenses of the municipal recycling
program.
[1982 Code § 101-10; Ord. #603]
Property owners and their agents, lessees, tenants or other
occupants who place materials not in accordance with this section
shall hold harmless and indemnify from any and all losses the Borough
of Tinton Falls, its employees, and agents for all costs, direct and
indirect which are attributable, in the sole discretion of the Borough,
for materials collected which were placed for collection in violation
of the terms of this section.
[1982 Code § 101-11; Ord. #603; Ord. #629]
The Administrator may fix fees for nonresidential solid waste
collection for containerized receptacles by regulation, including
but not limited to normal service, and recollection if collection
activities are unable to be performed due to violation of this section.
[1982 Code § 101-12; Ord. #603; Ord. #12-1353]
Fees not paid within 30 days of assessment by the Department
shall constitute a lien against the nonresidential customer and/or
property owner which may be collected via an action of law.
[1982 Code § 101-13; Ord. #603; Ord. #05-1169,
§ 2; Ord. #10-1297]
The provisions of this section shall be enforced by complaint
signed by a member of the Department of Public Works, Code Enforcement,
Monmouth County Health Department Solid Waste Enforcement Team or
Public Safety of the Borough of Tinton Falls.
[1982 Code § 101-14; Ord. #603; Ord. #629]
The Department of Public Works shall, by regulation, designate
a municipal drop-off center. The center shall accept, as a minimum,
used motor oils pursuant to N.J.A.C. 14A:3-11.1 et seq., as well as
any other items classified as recyclable by regulation of the Department
of Public Works.
[1982 Code § 101-15; Ord. #602; Ord. #629; Ord.
#10-1297]
a.
Upon classification of an item or material, presently or prospectively
a part of the commingled solid waste flow, as recyclable, residential
and nonresidential property owners, except for the United States Government
and the State of New Jersey, shall cause themselves and their agents,
lessees, tenants or other occupants to separate the newspaper, corrugated
cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans,
glass bottles and jars, and plastic bottles.
1.
Newspaper shall mean and include paper of the type commonly referred
to as newsprint, and includes any inserts which are normally included
in the newspaper. Specifically excluded are any pages of the newspaper
used for household projects and crafts, such as painting or paper
mache projects, or used for cleanup of pet waste.
2.
Corrugated cardboard shall mean layered cardboard including a waffle
section between the layers, of the type commonly used to make boxes
and cartons. Specifically excluded are any cardboard contaminated
by direct contact with food, such as pizza boxes.
3.
Clean mixed paper shall mean high grade bond paper, mixed office
and school papers, such as stationery, construction paper and writing
tablets, including computer printouts, magazines, gift wrapping paper,
soft cover books, junk mail and single layer cardboard (chipboard).
Specifically excluded are carbon papers, paper cups and plates, food
scrapes or any other paper contaminated by direct contact with food
products, and paper products used for personal hygiene, such as tissues.
4.
Aluminum cans shall mean all disposable cans made of aluminum used
for food or beverages.
5.
Aluminum products shall mean aluminum foils, pie tins and trays,
specifically excluded are cookware or other aluminum products.
6.
Tin and bi-metal cans shall mean all disposable cans made of tin,
steel or a combination of metals, including, but not limited to, containers
commonly used for food products. Specifically excluded are cans which
contain toxic products, such as paints.
7.
Glass bottles and jars shall mean containers made from silica or
sand, soda ash and limestone, used for the packaging or bottling of
various products. Specifically excluded are dishware, light bulbs,
window glass, ceramics and other glass products.
8.
Plastic containers shall mean #1 Plastic which includes soda bottles,
ketchup bottles and medicine containers. #2 Plastic which includes
milk or water jugs, liquid laundry soap containers, bleach containers
and shampoo bottles. #5 Plastic which includes yogurt tubs, and other
food storage containers. Specifically excluded are #3 Plastics which
includes PVC pipes, shower curtains and shrink wrap. Also excluded
are #4 Plastics which include plastic grocery bags, sandwich bags,
and food storage bags. Also excluded are #6 Plastics which include
disposable flatware, plastic cups and bakery containers. Also excluded
are #7 Plastics which includes large toys and lawn furniture.
b.
The Department of Public Works shall issue further regulations classifying
recyclables and providing for the method and manner of collection.
The classification shall be dependent upon the existence of lawful
disposal, users or markets for the recyclables.
c.
Multi-Family and Nonresidential Collection of Recyclables.
1.
All apartment and other multi-family complexes, businesses, schools
and other public or private institutions shall provide separate and
clearly marked containers for use by residents, students, employees,
customers or other visitors, for trash and various types of recyclables,
as appropriate unless otherwise supplied by the Borough of Tinton
Falls.
2.
Any company or agency providing dumpsters, roll off or other containers
to any apartment or other multi-family complex with shared disposal
and recycling areas, or to any business, school or other institution,
or for any construction/demolition project, shall clearly mark such
container for trash or specific recyclables, as may be appropriate.
[1982 Code § 101-16; Ord. #602; Ord. #629]
The Department of Public Works may issue regulations exempting
from total or partial compliance those residential properties whose
sole occupant or occupants are unable to meet the requirements of
this section by reason of a physical disability.
[1982 Code § 101-17; Ord. #602; Ord. #629]
The Division of Sanitation within the Department of Public Works
shall forthwith transmit all solid waste collected pursuant to this
section to lawfully licensed facilities designated by the County of
Monmouth in the Monmouth County Solid Waste Plan and/or the State
of New Jersey. If permitted by the Solid Waste Plan and if the users
and markets exist on a positive-cost-benefit-ratio basis to the municipality,
then the Borough may elect to dispose of the solid waste or a portion
thereof in an alternative manner pursuant to Statute and regulation.
[1982 Code § 101-18; Ord. #602; Ord. #629; Ord.
#10-1297]
a.
All designated recyclables become the property of the municipality
and/or the contracted collector once placed at the curbside, in a
container provided by the contractor, or brought to and accepted at
the Municipal Recycling Depot.
b.
It shall be a violation of this section for any unauthorized person
to pick up or cause to be picked up, any recyclable materials as defined
herein. Each such collection shall constitute a separate and distinct
offense.
c.
Notwithstanding anything herein to the contrary, any person may donate
or sell self-generated recyclables materials to any person, partnership
or corporation, whether or not operating for profit. The person, partnership
or corporation, however, shall not pick up the recyclable materials
at curbside.
[1982 Code § 101-19; Ord. #602; Ord. #629; Ord.
#10-1297]
Materials classified as recyclable shall only be disposed of
by:
a.
Placing them for collection by the Borough pursuant to the terms
of this section and regulations issued by the Department of Public
Works.
b.
Disposing of, giving, donating or selling them or permitting them
to be collected by any person, partnership or corporation, whether
operating for profit or not, provided that the material shall:
1.
Be recycled.
2.
Be collected from a point other than the curbside in districts with
municipal collection of recyclable items or materials or at a municipal
drop-off center, except with the permission of the Borough of Tinton
Falls.
3.
Any multi-family complex, business of institution not provided recyclable
collection service by the Borough of Tinton Falls shall provide the
Borough Recycling Coordinator with, at a minimum, an annual report
describing arrangements for recyclable collection services, the amount
and types of material recycled and the name and address of any contractor
hired to provide such service.
[1982 Code § 101-20; Ord. #602; Ord. #629; New;
Ord. #05-1169, § 3]
a.
Each such collection in violation of this section and each day a
violation or neglect is committed or permitted to continue shall constitute
a separate offense and be punishable as such.
[Ord. #05-1168, § 1]
The purpose of this section is to establish a yard waste collection
and disposal program in the Borough of Tinton Falls, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. #05-1168, § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste for storage in a trash
can, bucket, biodegradable bag or other vessel pursuant to regulations
issued by the Department of Public Works, 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, pine needles, brush and branch and tree
limbs.
[Ord. #05-1168, § 3]
a.
Branches, Brush and Bulk Tree Limbs. Branches, brush and bulk tree
limbs will be collected throughout the year if deposited at the street
curb if one exists or adjacent to, but not on, the street pavement
if there is no curb. Branches, brush and bulk tree limbs may be placed
at the curb in reasonable piles beginning the Saturday before the
scheduled and announced collection. During the announced leaf collection
days, branches, brush and bulk tree limbs may not be placed out for
collection. Brush, branch and bulk tree limbs may not be placed closer
than 10 feet from any storm drain.
b.
Leaves and Pine Needles. Sweeping, raking or otherwise placing yard
waste at the curb or along the street is only allowed during the seven
days prior to a scheduled and announced collection, and shall not
be placed closer than 10 feet from any storm drain inlet. Placement
of such yard waste at the curb or along the street at any other time
or in any other manner is a violation of this section. If such placement
of yard waste occurs, 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. #05-1168, § 4]
The provisions of this section shall be enforced by complaint
signed by a member of the Department of Public Works, Code Enforcement
or Public Safety of the Borough of Tinton Falls.
[Ord. #05-1168, § 5]
[Ord. #05-1168, § 6]
Property owners, and their agents, lessees, tenants or other
occupants who place materials not in accordance with this section
shall hold harmless and indemnify from any and all losses the Borough
of Tinton Falls, its employees, and agents for all costs, direct and
indirect which are attributable in the sole discretion of the Borough,
for materials collected which were placed for collection in violation
of the terms of this section.
[Ord. #05-1168, § 7]
The following items are prohibited from being placed for collection:
[Ord. #09-1278, § I]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Tinton Falls and/or the waters of the State so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. #09-1278, § II]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Tinton Falls or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #09-1278, § III]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Tinton Falls.
[Ord. #09-1278, § IV]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. #09-1278, § V]
This section shall be enforced by the Police Department, Code
Enforcement and/or Department of Public Works of the Borough of Tinton
Falls.
[Ord. #09-1278, § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to penalties provided under Section 1-5 et seq. of the Borough Code.
[Ord. #09-1277, § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Tinton Falls so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #09-1277, § II]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Tinton Falls or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #09-1277, § III]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. #09-1277, § V]
Storm drain inlets identified in subsection 15-9.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c.
a.
Design engineers shall use either of the following grates whenever
they us a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(a)
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
(b)
A bar screen having a bar spacing of 0.5 inches;
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. #09-1277, § V]
This section shall be enforced by the Police Department, Code
Enforcement and/or Department of Public Works of the Borough of Tinton
Falls.
[Ord. #09-1277, § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed those provided pursuant to Section 1-5 of the General Revised Ordinances of the Borough of Tinton Falls for each storm drain inlet that is not retrofitted to meet the design standard.
