Ordinance No. 15-10

Introduced: July 1, 2010
Public Hearing: August 5, 2010
Status: Tabled

An ordinance amending Section 42-69 of Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage regulate and control the finances and property of the municipality; and

WHEREAS, the Township provided residents with free curbside collection of brush and branches and leaves in the past; and

WHEREAS, the Township is no longer financially able to provide residents with free curbside collection of brush and branches and leaves; and

WHEREAS, the Township of Randolph desires to amend Section 42-69(b) and (c) of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey to establish fees to be paid by residents if they desire curbside collection of brush and branches in the spring or curbside collection of un-bagged leaves in the fall.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 42-69(b), Brush and Branches, of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced with the following:

(b) Brush and branches.

(1) Recycling Center. Residents only may drop off brush and/or branches at the Township’s recycling center at any time and without costs.

(2) Annual Spring Brush Collection Program Permit. The Township will only collect brush and/or branches from residents who have obtained an annual spring brush collection permit. The fee to obtain an annual spring brush collection permit is as follows:

(i) Prior to April 15th $150

(ii) Between April 15th and May 15th $200

(3) Placement by Residents. After obtaining an annual spring brush collection permit, residents may place brush and/or branches onto the curbside of public streets fronting the resident’s property between April 15th and May 15th; however, brush and/or branches shall not be placed less than ten feet from any storm drain inlet, nor shall they create a hazard for vehicles.

(4) Special Brush Collection Fee. Residents desiring brush and/or branch collection after May 15th and before April 15th must schedule a special collection and must pay a special brush collection fee of $250 to the Township.

(5) Penalty. The police department, the health department, and the department of public works:

(i) Shall have the authority to provide warning notices to property owners that are in violation of the above regulations (subsection 42-69(b)(2), (3) and (4));

(ii) May require owners to immediately comply with the above regulations and to remove the brush and branches; and/or

(iii) May either remove the brush and/or branches and/or arrange to have the Township remove the brush and/or branches within a 72-hour period at the property owner’s expense.

In the event that the owner fails to immediately remove the brush and/or branches, the Township shall have the authority to remove the brush and/or branches and place a lien against the property in the amount of $400.00 for the first truck load, which shall not exceed five cubic yards, and $300.00 for every subsequent truck load, which shall not exceed five cubic yards.

Failure to comply with the notices may result in the Township issuing a summons to appear in municipal court.

SECTION TWO. Section 42-69(c), Leaves, of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced with the following:

(c) Leaves.

(1) Recycling Center. Residents only may drop off leaves at the Township’s recycling center at any time and without costs.

(2) Leaf Bags. A property owner, his or her tenant, agent(s) of the owner or tenant, contractor(s), or landscaper(s) may place leaves in a closed biodegradable bag curbside along public streets throughout the fall leaf collection season provided that they shall not be placed less than ten feet from any storm drain inlet, nor shall they create a hazard for vehicles. The Township will collect leaves placed in closed biodegradable bags throughout the fall leaf collection season at no cost.

(3) Annual Fall Leaf Collection Program Permit. The Township will only collect leaves curbside from residents who have obtained an annual fall leaf collection permit. The fee to obtain an annual fall leaf collection permit is as follows:

(i) During the Month of October $200

(ii) After October 31st $250

(4) Sweeping, blowing, raking, and dumping of leaves by Residents. After obtaining an annual fall leaf collection permit, residents are allowed to sweep, blow, rake, or dump leaves onto the curbside of public streets fronting the resident’s property during leaf collection season within the seven day period before the scheduled leaf collection day (published in the fall town newsletter and posted on the town website).

(5) Sweeping, blowing, raking, and dumping of leaves by Others.

(i) Property owner(s), his or her tenant(s), agent(s) of the owner(s) or tenant(s), contractor(s) and landscaper(s) are expressly prohibited from piling, stacking, depositing or dumping leaves within 20 feet of the curbline/edge of pavement or into a public street at any time, except when the property owner(s), his or her tenant(s), agent(s) of the owner(s) or tenant(s), contractor(s) and landscaper(s) are loading all of the leaves into a vehicle or transporting system to a licensed facility permitted to receive leaves.

(ii) Volunteers from Township recognized organizations may apply to the Township Manager for exemptions when addressing yard cleaning projects for Randolph homeowners in need of assistance.

(6) Penalty. The police department, the health department, and the department of public works:

(i) Shall have the authority to provide warning notices to property owners that are in violation of the above regulations (subsection 42-69(c)(3), (4) and (5));

(ii) May require owners to immediately comply with the above regulations; and/or

(iii) May either remove the leaves and/or arrange to have the Township remove within a 72 hour period at the property owner’s expense.

In the event that the owner fails to immediately remove the leaves, the Township shall have the authority to remove the leaves and place a lien against the property in the amount of $400.00 for the first truck load, which shall not exceed five cubic yards, and $300.00 for every subsequent truck load, which shall not exceed five cubic yards.

Failure to comply with the notices may result in the Township issuing a summons to appear in municipal court.

SECTION THREE. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION FOUR. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FIVE. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Jay Alpert, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 15-10

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 42-69 of Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 1, 2010 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on August 5, 2010 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to the Township of Randolph desires to amend Section 42-69(b) and (c) of Chapter 42, Solid Waste Management, of Revised Ordinances of the Township of Randolph, Morris County, New Jersey to establish fees to be paid by residents if they desire curbside collection of brush and branches in the spring or curbside collection of un-bagged leaves in the fall.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey