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; 4-23-2020 by Ord. No. 2020-1]
a.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from Construction Official and/or
Superintendent of Department of Public Works.
b.
A tunnel or excavation may be commenced without a permit, where an
emergency has arisen which make it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work next business day. The permit, when issued,
shall be retroactive to the date on which the work has begun.
c.
The Construction Official and/or Superintendent of Department of
Public Works permits to other public bodies without fee.
[Ord. #140, § 2; 1970 Code § 13-1.3;
Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
The Construction Official and/or Superintendent of Department
of Public Works 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 and/or Superintendent of Department of Public Works, an appeal
may be taken to the the Mayor and Council. The Mayor and Council,
after hearing the applicant and the Construction Official and/or Superintendent
of Department of Public Works and other evidence as may be produced,
may either direct the issuance of the permit or sustain the refusal
of the Construction Official and/or Superintendent of Department of
Public Works.
[Ord. #140, § 7; 1970 Code § 13-1.4;
Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
Application for a permit shall be made to the Construction Official
and/or Superintendent of the Department of Public Works and shall
contain the following information:
a.
Name and address of the applicant.
b.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The Borough tax map block and lot number of the property for the
benefit of which the opening is to be made.
d.
Nature of the surface in which the opening is to be made.
e.
Character and purpose of the work proposed.
f.
Time when the work is to be commenced and completed.
g.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of all openings.
h.
The name and address of the workman or contractor who is to perform
the work.
i.
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; 4-23-2020 by Ord. No. 2020-1]
Permits shall be issued under the authority of the Construction
Official and/or Superintendent of Department of Public Works and in
accordance with the provisions of this section and the regulations
which the Construction Official and/or Superintendent of Department
of Public may establish. The Construction Official and/or Superintendent
of Department of Public Works shall determine the initial time limit
during which the permit shall valid.
[Ord. #140, § 5; 1970 Code § 13-1.6;
Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
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 and/or Superintendent
of Department of Public Works.
[Ord. #140, § 3; 1970 Code § 13-1.7; 4-23-2020 by Ord. No. 2020-1]
Fess shall be paid when the application is made. The applicant
shall be charged a fee of $100 for each permit.
[Ord. #140, § 6; 1970 Code § 13-1.8;
Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
No permit shall be issued until the applicant shall have filed
a bond in an amount of $2,500. 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:
a.
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.
b.
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this section.
c.
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.
d.
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 and/or Superintendent
of Department of Public Works.
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 and/or Superintendent of Department
of Public Works.
[1970 Code § 13-1.9; Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
No permit shall be issued until the applicant has furnished
the Construction Official and/or Superintendent of Department of Public
Works with satisfactory proof that he/her 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 hazard 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 and/or Superintendent of Department
of Public Works 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; 4-23-2020 by Ord. No. 2020-1]
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavation 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.
b.
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 Police Chief.
The Police Department shall be informed of all street closing at least
24 hours in advance.
c.
The Construction Official and/or Superintendent of Department of
Public Works may, upon application by the permittee, extend the time
during which the permit shall be valid.
d.
All refuse and material must be removed within 48 hours.
e.
All excavation 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 and/or Superintendent of Department
of Public Works. Where the Construction Official and/or Superintendent
of Department of Public Works determines that the excavated material
is unsuitable for backfill, the permittee shall backfill the excavation
with sand, soft coal, cinders or other suitable and clean material
which shall be placed in layers not exceeding six inches in depth
and thoroughly compacted in the manner prescribed by the Construction
Official and/or Superintendent of Department of Public Works. Upon
completion of the work, the permittee shall remove any excess material
and leave the premises in a clean condition. If the Construction Official
and/or Superintendent of Department of Public Works determines that
any backfilled excavation has settled or caved in, he/she shall notify
the permittee, who shall promptly continue backfilling until the Construction
Official and/or Superintendent of Department of Public Works determines
that settlement is complete.
f.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
g.
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.
h.
If the work is not completed within the time specified in the permit
or any extension granted by the Construction Official and/or Superintendent
of Department of Public Works 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 and/or Superintendent
of Department of Public Works, then the Construction Official and/or
Superintendent of Department of Public Works 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; 4-23-2020 by Ord. No. 2020-1]
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
a.
No permittee shall commence the restoration of any street foundation
or surface until the Construction Official and/or Superintendent of
Department of Public Works has determine that settlement of the subsurface
is complete and the area properly prepared for restoration.
b.
Any road in the Borough which has been resurfaced in the last 10
years for which a new road opening permit is issued shall include
the requirement that the party performing the work must resurface
the road from curb to curb and from street corner to street corner.
c.
The street surface shall be restored to the satisfaction of the Construction
Official and/or Superintendent of Department of Public Works.
[1970 Code § 13-1.12; Ord. #90-4; 4-23-2020 by Ord. No. 2020-1]
a.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
b.
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 and/or Superintendent
of Department of Public Works.
c.
Possession of permit. A copy of the permit together with a copy of
the plan endorsed with the approval of the Construction Official and/or
Superintendent of Department of Public Works shall be kept in possession
the person actually performing the work and shall be exhibited on
demand to any duly authorized representative of the Construction Official
and/or Superintendent of Department of Public Works or to any Police
Officer of the Borough.
d.
Revocation of permit. The Construction Official and/or Superintendent
of Department of Public Works may revoke a permit for any of the following
reasons:
1.
Violation of any provision of this chapter or any other applicable
rules, regulations, law or ordinance.
2.
Violation of any condition of the permit issued.
3.
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 the Code for revocation of licenses, except that the
initial hearing shall be before the Construction Official and/or Superintendent
of Department of Public Works with a right of appeal to the Borough
Council; and the Construction Official and/or Superintendent of Department
of Public Works may provide in his or her decision that revocation
shall not become effective if the permittee corrects the violation
within a specified period of time.
e.
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; 4-23-2020 by Ord. No. 2020-1]
The Construction Official and/or Superintendent of Department
of Public Works may make any rules and regulations which he/her 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 regulation
shall be effective unless they shall be approved by resolution of
the Borough Council. Copies of all current regulation 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:
a.
The name and address of the applicant.
b.
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.
c.
The location, by street number or otherwise, of the premises where
the work is to be done.
d.
The estimated cost of the proposed work.
e.
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.
f.
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]
a.
All materials and work shall be in accordance with Borough specifications
on file in the office of the Construction Official.
b.
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with Borough specifications.
c.
No concrete sidewalk shall be replaced or covered with blacktop.
d.
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:
[Ord. #2011-11]
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.
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.
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. #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:
a.
Permit the dumpster at any time to become offensive, through odor,
appearance or for any reason.
b.
Permit the accumulation of garbage, litter, refuse or rubbish outside
the confines of the dumpster.
c.
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.
[Ord. #2011-12]
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.
[Ord. #2011-12]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpster 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. #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.
[1]
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.
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:
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;
|
Residential
|
Commercial
|
|---|---|
|
Newspaper
|
Corrugated cardboard
|
|
Glass beverage containers
|
High-grade office paper
|
|
Aluminum cans
|
Glass beverage containers
|
|
Ferrous scrap
|
Ferrous scrap
|
|
Leaves
|
White goods
|
|
White goods; metal
|
Aluminum cans
|
|
Tin cans
|
Mixed paper (including magazines and newspaper)
|
|
Grass
|
Construction and demolition debris
|
|
Construction and demolition debris
|
Type 1 and Type 2 plastic containers
|
|
Corrugated cardboard
| |
|
Mixed paper
| |
|
Type 1 and Type 2 plastic containers
|
|
Furthermore, all materials collected by the County at special
recycling days (electronic recycling, tires, batteries, used motor
oils, insecticides and pesticides, et al.) must be recycled.
|
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.).
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.
Shall mean all solid waste generated at residential, commercial,
and institutional establishments within the boundaries of the municipality
of Moonachie.
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 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. #2009-12, § 14-4.2]
a.
The position of Recycling Coordinator is hereby created.
b.
The Recycling Coordinator shall serve for one calendar year and until
the next Recycling Coordinator shall be appointed.
c.
The present Recycling Coordinator shall serve for the remainder of
the calendar year in which this section becomes effective.
d.
The Mayor shall, with the advice and consent of the Council, appoint
the Recycling Coordinator.
e.
The Recycling Coordinator shall administer the recycling program
of the Borough of Moonachie.
f.
The salary of the Recycling Coordinator shall be determined by the
Mayor and Council.
[Ord. #2009-12, § 14-4.3]
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 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.
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 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:
a.
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.
b.
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.
c.
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]
a.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
b.
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.
c.
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.
d.
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]
a.
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:
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 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.
c.
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]
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 section 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. #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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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]
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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:
1.
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,
2.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project, and
3.
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.
