Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The incidental power to perform work where a landowner has refused to do so and to recover the cost thereof is contained in N.J.S.A. 40:67-9.
[1970 Code § 13-1.1]
As used in this section:
- Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any State or County road or highway over which the Borough has acquired jurisdiction by agreement.
[Ord. #140, §§ 1, 4&8; 1970 Code § 13-1.2; Ord. #90-4]
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Construction Official.
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun.
The Construction Official may issue permits to other public bodies without fee.
[Ord. #140, § 2; 1970 Code § 13-1.3; Ord. #90-4]
The Construction Official is authorized to refuse the issuance of any permit, if such refusal is in the interest of public safety, convenience or health. In the event that any permit shall be refused by the Construction Official, an appeal may be taken to the Mayor and Council. The Mayor and Council, after hearing the applicant and the Construction Official and other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal of the Construction Official.
[Ord. #140, § 7; 1970 Code § 13-1.4; Ord. #90-4]
Application for a permit shall be made to the Construction Official and shall contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The Borough tax map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
The name and address of the workman or contractor who is to perform the work.
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition as they were at the time of the commencement of the work within 48 hours of completion thereof.
[Ord. #140, § 4; 1970 Code § 13-1.5; Ord. #90-4]
Permits shall be issued under the authority of the Construction Official and in accordance with the provisions of this section and the regulations which the Construction Official may establish. The Construction Official shall determine the initial time limit during which the permit shall be valid.
[Ord. #140, § 5; 1970 Code § 13-1.6; Ord. #90-4]
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Construction Official.
[Ord. #140, § 3; 1970 Code § 13-1.7]
Fees shall be paid when the application is made. The applicant shall be charged a fee of $10 for each permit.
[Ord. #140, § 6; 1970 Code § 13-1.8; Ord. #90-4]
No permit shall be issued until the applicant shall have filed a bond in an amount determined to be sufficient by the Construction Official. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this section.
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
The bond shall also be conditioned upon the applicant's restoring surface and foundation of the street for which the permit is granted in a manner acceptable to the Construction Official.
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Construction Official.
[1970 Code § 13-1.9; Ord. #90-4]
No permit shall be issued until the applicant has furnished the Construction Official with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident, and an aggregate of $100,000 for property damage for a single incident. The Construction Official may waive the requirements of this subsection in the case of public utilities on the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Ord. #140, §§ 5, 9; 1970 Code § 13-1.10; Ord. #90-4]
All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance.
The Construction Official may, upon application by the permittee, extend the time limit during which the permit shall be valid.
All refuse and material must be removed within 48 hours.
All excavations shall be completely backfilled by the permittee, and, shall be compacted by tamping or other suitable means in a manner prescribed by the Construction Official. Where the Construction Official determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the Construction Official. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Construction Official determines that any backfilled excavation has settled or caved in, he shall notify the permittee, who shall promptly continue backfilling until the Construction Official determines that settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
If the work is not completed within the time specified in the permit or any extension granted by the Construction Official, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the Construction Official, then the Construction Official may complete the work and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[Ord. #140, §§ 1, 4, 8, 1970 Code § 13-1.11; Ord. #90-4]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the Construction Official has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
The street surface shall be restored to the satisfaction of the Construction Official.
[1970 Code § 13-1.12; Ord. #90-4]
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of Work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Construction Official.
Possession of Permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Construction Official shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized representative of the Construction Official or to any police officer of the Borough.
Revocation of Permit. The Construction Official may revoke a permit for any of the following reasons:
Violation of any provision of this Chapter or any other applicable rules, regulations, law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this Code to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses, except that the initial hearing shall be before the Construction Official with a right of appeal to the Borough Council; and the Construction Official may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
Modification of Permit Conditions. In a special case the Borough Council by resolution may impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.
[1970 Code § 13-1.13; Ord. #90-4]
The Construction Official may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Borough Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Ord. #69-10; 1970 Code § 13-2.1; Ord. #90-4]
It shall be unlawful for any person to construct or remove or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Borough without first having obtained a permit to do so from the Construction Official.
[Ord. #69-10; 1970 Code § 13-2.2; Ord. #90-4]
Application for a permit shall be made to the Construction Official by the owner of the premises or his agent on forms provided by the Borough and shall contain the following information:
The name and address of the applicant.
The name and address of the person who is to perform the proposed work, and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
The location, by street number or otherwise, of the premises where the work is to be done.
The estimated cost of the proposed work.
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property, and in the case of a driveway apron, its slope or pitch.
Any other information that the Construction Official deems necessary in order to determine whether the work will comply with this Chapter.
[Ord. #69-10; 1970 Code § 13-2.3; Ord. #90-4]
A fee of $5 shall be charged for each permit and in addition thereto the applicant shall pay the cost of all tests which the Construction Official deems necessary. The fee shall be paid at the time the application is filed and the cost of all proposed tests shall be paid prior to the issuance of any permit.
[Ord. #69-10; 1970 Code § 13-2.4; Ord. #90-4]
All materials and work shall be in accordance with Borough specifications on file in the office of the Construction Official.
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with Borough specifications.
No concrete sidewalk shall be replaced or covered with blacktop.
Whenever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
[Ord. #69-10; 1970 Code § 13-2.5; Ord. #90-4]
The applicant shall notify the Construction Official at least 24 hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that the Construction Official may arrange for adequate inspection and testing.
[Ord. #69-10; 1970 Code § 13-2.6]
This section shall not apply to:
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 Moonachie 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. #86-2, § 1; Ord. #2011-11 § 1]
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 bulk storage container, not less than one cubic yard in size, utilized on nonresidential property, constructed of metal or approved materials, for the collection of garbage, litter, refuse, or rubbish stored on premises and dumped or collected by mechanical or manual means. All dumpsters used in the Borough shall have a tight-fitting cover.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Moonachie 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.
- REFUSE CONTAINER
- 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.
- WATERS OF THE STATE
- 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. #86-2, § 2]
[Ord. #86-2, § 3]
No owner, lessee, tenant or other occupant of any privately owned building where a dumpster is in use shall:
Permit the dumpster at any time to become offensive, through odor, appearance or for any reason.
Permit the accumulation of garbage, litter, refuse or rubbish outside the confines of the dumpster.
Maintain a dumpster without a cover tightly secured on the dumpster, excepting when the dumpster is being filled with or emptied of garbage, litter, refuse and/or rubbish.
The owner of any dumpster located in the Borough shall print or cause to be printed on the dumpster, in visible letters at least three inches high, the name of the owner of the dumpster.
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 Moonachie.
Permitted temporary demolition containers.
Litter receptacles (other than dumpster or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #2011-11; Ord. #2011-12]
This section shall enforced by the Policy Department and/or designee of the Stormwater Management Coordinator of the Borough of Moonachie.
[Ord. #2011-11; Ord. #2011-12]
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 $1,000.
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 87-20, 90-08, 93-17, 95-1 and 96-1.
[Ord. #2009-12, § 14-4.1]
- Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
- DESIGNATED RECYCLABLE MATERIALS
- Shall mean those materials designated within the Bergen County District Solid Waste Management Plan to be source-separated for the purpose of recycling.
- These materials include:
- (a) Electronic waste shall mean a computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones;
- MULTIFAMILY DWELLING
- Shall mean any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C.55:13A-1 et seq.).
- MUNICIPAL RECYCLING COORDINATOR
- Shall mean the person or persons appointed by the Municipal Governing Body or his or her designee who shall be authorized to, among other things; enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
- MUNICIPAL SOLID WASTE (MSW)
- Shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Moonachie.
- RECYCLABLE MATERIAL
- Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
- SOURCE SEPARATION
- Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. #2009-12, § 14-4.2]
The position of Recycling Coordinator is hereby created.
The Recycling Coordinator shall serve for one calendar year and until the next Recycling Coordinator shall be appointed.
The present Recycling Coordinator shall serve for the remainder of the calendar year in which this section becomes effective.
The Mayor shall, with the advice and consent of the Council, appoint the Recycling Coordinator.
The Recycling Coordinator shall administer the recycling program of the Borough of Moonachie.
The salary of the Recycling Coordinator shall be determined by the Mayor and Council.
[Ord. #2009-12, § 14-4.3]
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 Moonachie, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate 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 Recycling Department of the Borough of Moonachie.
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 ordinance 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 Chapter, 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. #2009-12, § 14-4.4]
The collection of recyclable material shall be in the manner prescribed as follows:
All containers and 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 (but not in 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 condition. Receptacles or other items to be disposed of shall be placed as noted above any time 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 by no later than 7:00 p.m. of the day of collection.
All containers containing solid waste 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 (but not in 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 condition. Receptacles or other items to be disposed of shall be placed as noted above any time 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 by no later than 7:00 p.m. of the day of collection.
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the Municipality of Moonachie. All containers shall be kept in a clean and safe manner and must be covered at all times.
[Ord. #2009-12, § 14-4.5]
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 every six months during their occupancy.
[Ord. #2009-12, § 14-4.6]
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, unless the municipality provides for the collection of designated recyclable materials. 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.
Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.
[Ord. #2009-12, § 14-4.7]
Any application to the planning board of the Municipality of Moonachie, for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 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:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and
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.
Prior to the issuance of a Certificate of Occupancy by the Municipality of Moonachie, the owner of any new multifamily 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.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Recycling Coordinator.
[Ord. #2009-12, § 14-4.8]
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.
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 section and the local sanitary code.
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. #2009-12, § 14-4.9]
The Code Enforcement Official, the Board of Health, the Recycling Coordinator, the Property Maintenance Official, the Recycling Enforcement Officer, and the Bergen 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. #2009-12, § 14-4.10]
Disposal of refrigerators and air conditions shall require the payment to the Borough Clerk of a disposal fee, which may be set from time to time by resolution of the Mayor and Council. Disposal of other recyclable materials that require a payment to the Borough Clerk of a disposal fee, which may be set from time to time by resolution of the Mayor and Council.
Compostable paper bags for grass and leaf disposal can be purchased, if available, by Borough residents at the Borough Hall, at a cost which may be set from time to time by resolution of the Mayor and Council, which may limit the number of said bags which can be purchased by each resident household.
Recycling containers can be purchased, if available, by the Borough residents at the Borough Hall, at a cost which may be set from time to time by resolution of the Mayor and Council, which may limit the number of said containers which can be purchased by each resident household.
Replacement lids can be purchased, if available, by Borough residents, at the Borough Hall, at a cost which may be set from time to time by resolution of the Mayor and Council, which may limit the number of said lids which can be purchased by each resident household.
[Ord. #2009-12, § 14-4.11]
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.
[Ord. #2009-12, § 14-4.12]
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section 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.
[Ord. #2009-12, § 14-5.1]
- COVERED PROJECT
- Shall mean a construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premises for the purpose of placement of solid waste materials.
[Ord. #2009-12, § 14-5.1]
A debris recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for which municipal approval as further identified above. The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
[Ord. #2009-12, § 14-5.2]
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator, and approved if it provides for all of the information required by this section. An approved debris recovery plan shall be marked "Approved" and returned to the owner of the entity which submitted the plan.
Denial. A debris recovery plan shall not be approved if it does not provide all of the information required by this section. If a debris recovery plan is not approved, the owner of the entity which submitted the plan shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity which will carry out the construction, renovation, or demolition project shall make the required changes and resubmit the debris recovery plan to the Municipal Recycling Coordinator.
[Ord. #2009-12, § 14-5.3]
Application. If the owner of an entity carrying out a covered project experiences circumstances that makes it infeasible to comply with the diversion requirement cited in this section, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved. Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment.
Review. The Municipal Recycling Coordinator shall review the information supplied by the owner. If warranted the Municipal Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
Granting of an Adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required to divert the percent of C&D debris required by the adjustment.
Denial of Adjustment. If the Municipal Recycling Coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this section, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
[Ord. #2009-12, § 14-5.4]
Documentation. Upon completion of the covered project, but before the final inspection, the owner of the entity carrying out a covered project shall submit in person or by certified mail to the Municipal Recycling Coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed,
Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project, and
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
[Ord. #2009-12, § 14-5.5]
The Municipal Recycling Coordinator shall review the information submitted pursuant to this section and determine whether the owner of the entity carrying out the covered project has complied, or failed to comply with the diversion requirement. The determination regarding compliance will be provided to the owner of the entity carrying out the covered project in writing.
[Ord. #2009-12, § 14-5.6]
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this section to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the (department where appeal is to be filed) shall be final.
[Ord. #2009-12, § 14-5.7]
The Code Enforcement Official, the Police Department, the Board of Health, the Recycling Coordinator, and the Property Maintenance Official, are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
[Ord. #2009-12, § 14-5.8]
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.
[Ord. #2009-12, § 14-5.9]
If it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately.