The URL can be used to link to this page

Home My Public Portal AboutOrd. 08-10 No. OR_1 0 @rb:iuCtut~ of t1p~ l$orougq of (!Indent) ~ + JJ + Councilman Presents the following Ordinance Seconded by Councilman AM.ENDING & SUPPLEMENTING CHAPTER 202, ENTITLED "RECYCLING" OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Council of the Borough of Carteret (the "Borough") that the Code of the Borough is hereby amended and supplemented as follows: . Section 1. ~202-1 entitled "Definitions" is hereby amended and supplemented to add the following definition: MIXED P APER------ glossy inserts, magazines, telephone books, junk mail, colored paper, computer paper, office paper, paperboard (chipboard and pressboard), non~metallic wrapping paper, soft cover books, hard cover books with covers removed and fine paper. Section 2. S 202-2 entitled "Recycling- required; recyclables" is hereby amended and supplemented as follows: The introduction to paragraphs "A through K" and paragraph "D. Plastics." of said Section shall be amended to read as follo\ys: "All sectors and land-use groups shall recycle all ofthe following items:" "D. Plastic containers (soda, milk, water, laundry), excluding plastic bottles containing or tbat contained household hazardous waste products." The following new paragraphs shall be added to said Section: L. Effective December I, 2007: (I) For residential (including multi-family), commercial, industrial and institutional, governments and office parks: (a) Masomy/paving material: asphalt, block, brick, cinder, and concrete. (b) Rechargeable batteries: Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li- ion) and Small Sealed Lead (Pb). (c) Tires: rubber-based scrap automotive, truck, and equipment (All tires must be brought to the Borough's Recycling Center for dIsposal at the designated drop-off point established therefore.) (d) White Goods (appliances): washers, dryers, ranges, refrigerators, air conditioners, and dehumidifiers. Note: All CFC's in auy white goods must be properly evacuated by licensed individuals and all CFC's recovered must be sent to an EP A approved reclaimer. NO. ()R-1A PAGE 'l ,. (2) For commercial, industrial and institutional, governments and office parks: (a) Ele<::tronics: televisions, CPU's, monitors, laptops, and mercury-containing de~ices. (b) Fluorescent bulbs: lamps that contain mercury. (c) Plastic fihn: stretch/shrink wrap, plastic shopping bags - only for warehouses, retail establishments and supermarkets with 25 or more employees. (d) Wood scrap: unfinished lumber from new construction projects including pallets. Unfinished shall mean non~chemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded; and not similarly altered from its natural condition) - only for new construction sites. Conunercial establishments or contractors are responsible for removal of these items. Section 3. g202-3 entitled "Collection requirements." Is hereby amended and supplemented to add the following new paragraph: H. At the time ofissuance of any building permit, the building code official will provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a Notification of Construction/Demolition Activity Form that must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management (MCDSWM) within 48 hdurs ofthe issuance of a municipal permit. L Effective March 31, 2008, all existing exemptions shall be revoked and must be reapplied for consistent with the following goidelines. The Borough may grant such exemptions, or revoke the same, at any time, at its sole discretion. Exemptions are applicable to commercial and institutional (medical, educational, government) establishments only, not residential premises. Residential premises include single-family homes, garden and high-rise apartments, condos, townhouses, and other multi-family units. (i) The mixed waste and recyclables taken from an eligible location may only be taken to a licensed "Transfer StationIMRF". That facility must have the ability to separate out for recycling all mandated recyclables that were commingled with the garbage. (2) Exemptions are valid for a period of up to three years which will begin on the date of issuance and expire on March 3i"ofthe third year. NO. 08-10 PAGR 3 (3) No exemption renewal will be issued ifthe recycling totlllage report is not received by March Is1 of each year. (4) The generator must apply in writing for the exemption and receive an official written notice that it has been granted from the Borough's Recycling Coordinator, or his/her designee. The exemption request must be accompanied by the following information and such additional information as may be requested by the Recycling Coordinator, or his/her designee. (a) A letter from the specified hauler agreeing to have the mandated materials separated, which must . specifically list the materials that will be separated. (b) A letter from the specified receiving facility including the valid NJDEP permit nmnber that states the mandated materials will be separated. (c) An explanation of why their particular operation, circumstance or facility makes adhering to the source separation requirements of the recycling plan. impractical. (d) A description of the nature of the business and the estimated monthly and yearly tonnages of solid waste and designated recyclables to be generated by their facility. The generator must demonstrate that they have at least 75% mandated recyclables in their waste stream to qualify for the exemption. (e) A list of mandated materials that the materials recovery facility will be recycling for their business. (f) A description of how the generator disposed of their solid waste pursuant to Middlesex County's waste flow strategy (plan Amendment 1997-3) and handled recyclables up to the date ofthe application. (g) A listing of any violations cited (and dispositipn thereof) for !he generator with reference to the solid waste or recyclables generated from their facility. (Ii) The application shall be certified under oath so that in the event there is a deliberate misstatement, the applicant will be subject to enforcement action. (5) If duriog the term of the exemption, the generator switches haulers, or the hauler switches the receiving facility, the existing exemption is no longer valid and must be reapplied' for. (6) Ifthe generator is granted the exemption, the company is required to include signage in a prominent pJace that states that recyclable material is being sorted out at a materials recovery facility. (7) The generator must be able to show the exemption approval and a copy of his/her waste removal NO. _1).8.--,.1 () PAGE 4 contract when the exemption is claimed to the County Public Health Department recycling inspector. (8) Any exemptions granted by the Borough will have to be material specific, list the hauler name, and identify by street address the exact location of the business that has been granted the exemption. Businesses with more than one location must apply for exemptions for each location separately. A copy of each exemption granted must be submitted by the Borough to the Middlesex County DSWM. (9) The Borough may charge a fee up to Two Hundred and Fifty Dollars ($250.00) to process an application for any said exemption. Section 4. Chapter 202 is hereby amended and supplemented to inclnde a new S202- 4 to read as follows, with the existing ~204-4, S202-5 and ~202-6 remaining in their entirety, but consecutively renumbered according: ~202-4. Design standards. New Developments of Multi-Family Residential Units or Commercial, Institutional or Industrial Properties (pursuant to N.J.S.A 13:iE-99and 99.16c.) shall comply \vith the following: A Any application to the planning board ofthe Borough of Carteret, for subdivision or site plan approval for the construction of multi-family dwellings of three or more lmits, 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 afland, must include a recycling plan. This plan must contain, at a minimum, the following: i) A detailed analysis ofthe expected composition and amounts of solid waste and recyclable 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 Borough of Carteret, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a c~py of a duly executed contract with a hauling company for the purpos~ of collection and recycling of source- separated recyclable materials, in those instances where the Borough does not otherwise provide this services. C. Provision shall be made for the indoor, or enclosed outdoor, Q,8,."lCL PAGE q. storage and pickup of solid waste, to be approved by the municipal engineer. Section 5. All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 6. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be sever able from the remainder of this Ordinance. . Section 7. This Ordinance shall take effect upon passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. BELLINO X KRUt-L X ~C X ES....- X .R.'DAZ X SLTARZ X X. Indicate Vote: AB . Absent NY. Not Voting XOR. Indicates Yote to Overrule Veto Adopted on first reading of th~ Council of the Borough ofCarteret, N,J., on Mar(' 1:1 G 2. QO S .^.pril 10, 2008 /" AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: March 26, 2008 C)';frJ-1;"-, Q ~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2,2011 Sworn and subscribed before me this3 JoPt day of /'1 ~ :J- cD JY Public Notice: BOROUGH OF CARTERET ORDINANCE #08"10 AMENDING & SUPPLEMENTING CHAPTER 202_ ENTITLED "RECYCLING" OF THE CODE OF THE BOROUGH OF CARTERET The Foregoing Ordinance was introduced at a meeting of the Council of the Borough of Carteret heid_ March 6 200 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for Final Adopting at a meeting of said Council of the Borough of Carteret on April 10, 2008 at approximately _6:00 P.M., Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey at which time and place all persons Interested will be given an opportunity to be heard. KATHLEEN M. BARNEY, MMC Municipal Clerk ($18.48) 674823 Affidavit of Publication Publisher's Fee $45.76 Affidavit Charge $25.00 .~tate of New Jersey Middlesex County Personally appeared Manju Gupta } SS. / Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in NEPTUNE, in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith that the advettisement of which the annexed is a true copy, has been published in the said newspaper 1 time-'h once in each issue as follows: 3/15/08 CATI![RINE M. WlLUft.MS NOTARY PUBliC OF NEW JERSEY r ~S/O~EXP~U~~ . W(A~ .//7 :d A/f.l~ Notary Public of New Jersey AD. 2008 15 BOROUGH Of CAR1ERET QRQINAN'CIltWio'7AiQ'),)'i,)/ ,frtCg;~F;'AO:OPTlON"OFORDtNAI\'CEAf\ro ,.,."." , SUMMARY The ordinance, the summary terms ot whIch are inclLJd~d herein, has been finally adofted by the Borough of Carteret, tn the Countv 0 MIddlesex state of New Jersey on July 12, 2007 arid the 20 day period of Ilml1ation within which a sult. action or proceeding questioning the validity of such ordi- nance can 00 commencea. as provided in the Rede- velopment Area Bond Flnanc!ng Law, NJ,S.A. 40A:12A.64 et seq. has begun to run from the date of the first publication of this statement. Copies of the full ordinance are available at no cost and dur- ing regular business hours, at the Clerk's office for members of the general public who request same. The summary of the tems of such ordinance fol. lows: THIS ORDINANCE SECURES BONDS OR OTH. ER OBLIGATIONS ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THE "REDEVEL. OPMENT AREA BOND FINANCING LAW' AND THE LIEN HEREOF IN FAVOR OF THE OWN- ERs OF SUCH BONDS OR OTHER OBlIGA. TlONS IS A MUNICIPAL LIEN SUPERIOR TO ALL OTHER NON.MUNICIPAL LIENS HERE. AFTER RECORDED AN ORDINANCE PROVIDING FOR A SPECIAL ASSESSMENT FOR A PORTION Of THE LOW- ER ROOSEVELT AVENUE REDEVELOPMENT AREA Purpose~ To (I) impose a special asseSSlTlent on properties Identified therein to fund the cost of local Improvements made to certain p:ropertles In the Borough of cartert!t and (11) authoiize the execut10n of documents necessary to memorialize the terms of such assessment. The special assessment payments will only be due In the event that the owners of tM propertY fall to make payments In lieu of taxes that wilfbedue underseparale agreements. Further, the agreements will provIde that the Borough ',',1111 dedI. cate such payments to the payment of debt service on bonds to be Issued by the Carteret Redevelop- ment Agency crthe Boro1.J~af~I~:~~r:\3ame ,Clerk This Notice is publis.hed pursuant to t.!.J.S.A. 40:49-2d and 40A:12A-66(d). 3113/08 ($45.76) 667532 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: April 17, 2008 ~-J___,-, (/ ~~ Notary Public of New Jersey lINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this /;Ludayof C.A,r"'-U, I .;). (;1w.r ~MJ:$4?~ Kathleen M. Barney, MMC~ Municipal Clerk C/ - b/ ~/ID P