38:10-48. WATER SUPPLY.

Water supply system for providing adequate water for potable water, fire protection, industrial or commercial uses shall conform to the current principles and standards of Title VII of the State Uniform Construction Code as adopted by the City [7:1-1]. (R.O. 1966 C.S. § 16:9-47; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

38:10-49. GARBAGE AND REFUSE COLLECTION DISPOSAL AND RECYCLABLE MATERIALS.

All new multi-family sites will be provided with a means of collection and storage for garbage, refuse, and waste which will be generated by the development and must be designed to adequately ensure protection and freedom from vermin and rodent infestation. Additionally, collection and storage facilities shall be located in an area which will be approved by the Department of Neighborhood and Recreational Services in order to assure efficient and safe collection.

Therefore, there shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.

The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Director of the Department of Neighborhood and Recreational Services or his/her designee, and shall be consistent with the City of Newark, Title XV, Solid Waste Management, Chapter 12, Mandatory Recycling Ordinance.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. All refuse and recyclable materials storage areas shall be contained on a concrete pad and shall be enclosed with a six (6) foot high solid fence subject to the approval of the Director of Neighborhood and Recreational Services.

The refuse and recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the type of materials to be placed therein. Provisions shall be made by the owner for the separation (and maintaining the separation) and recovery of the recyclable materials as required under Title, XV, Solid Waste Management, Chapter 6, Mandatory Recycling Ordinance.

Landscaping shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner. (Evergreen shrubs shall be planted at the perimeter of the storage area at a minimum initial planting height of three (3) feet.)

Any development containing fifty (50) or more units of single-family residential housing or twenty-five (25) or more units of multi-family residential housing shall include provisions for the separation, collection and disposition and recycling of glass bottles, food and beverage cans and newspapers. Any commercial or industrial development utilizing one thousand (1,000) square feet or more of land shall include provisions for the separation, collection and disposition and recycling of three (3) or more materials depending on the nature of the operation. Recycled materials shall be designated by the owner/applicant. Those materials designated shall be approved by the Department of Engineering.

All developments where the separation, collection and disposition and recycling of materials is mandatory as noted herein, shall submit to the Department of Engineering, an annual tonnage report indicating the type and amount of each material recycled from their solid waste and sold to a recycling market. Recycling report forms can be obtained from the City's Office of Recycling at 62 Frelinghuysen Avenue, Newark, New Jersey, and must be filed no later than January 15, of each year.

For approximate amount of storage space required for recyclable materials, consult Attachment I. (R.O. 1966 C.S. § 16:9-48; Ord. 6 S+FH, 5-3-88; Ord. 6 S+FB, 2-1694; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

ATTACHMENT I

Recyclable Materials

These figures are approximations and should only be used for planning purposes.

1. Average Generation Rates

Newspaper 8-10 lbs. per person per month

Glass 5-7 lbs. per person per month

Aluminum 0.4 lbs. per person per month

Tin cans 6 lbs. per person per month

Plastic containers

PET .4 lbs. per person per month

HDPE .4 lbs per person per month

Corrugated Depends on the level of commercial activity

Hi-grade office paper 15 lbs. per office worker per month Mixed office paper30 lbs. per office worker per month

2. Commercial Establishments. Developers of commercial establishments generating a homogeneous waste stream must have a plan for recycling these materials. The most likely materials will be office paper, corrugated containers, glass or tin cans. In order to determine the amount of space required for storage, cubic yard equivalents have been given.

Office Paper. The average office worker generates 3/4 pounds of office paper per day. An area should be designed for interim storage of Gaylord containers or hampers. These containers are approximately 4' x 4' x 4' and hold approximately 500 lbs. of paper. The size of the storage area required will be dependent on the number of workers in the buildings and the frequency with which the vendor picks up the materials.

Corrugated Containers. Because corrugated is a particularly bulky item for disposal, it needs to be flattened and baled, compacted or tied in bundles. Space will be required for storage of materials prior to pickup by either a paper vendor or a recycling contractor. The amount of space required for storage will depend on the amount of material generated by the establishment, and whether the material is baled, tied in bundles or stored in a compactor.

Glass. The simplest method for storing glass in commercial establishments is by purchasing or leasing a glass crusher. This will allow more glass to be stored in a smaller space. If this is not available, glass will need to be stored in either 55 gallon drums or in small dumpsters. There are approximately three 12 oz. bottles in a pound, and one cubic yard of whole bottles weighs 600 pounds or approximately nine hundred 12 oz. bottles.

Tin Cans. A commercial establishment generating ferrous (tin-plated steel) cans, which are used for food storage, in large quantities may be required to recycle them. There are approximately 12 cans in a pound, and approximately 1800 cans in a cubic yard.

3. Average Densities of Materials

The following guidelines will assist in setting up specifications to include in subdivision/site plan applications.

4. Single-Family Homes. Space should be allowed in the kitchen, laundry room, basement or the garage for storage of recyclables. Approximately three (3) square feet of floor area will adequately hold a week's accumulation of recyclables. This is enough space to hold either a three (3) tier unit or three (3) or four (4) five (5) gallon buckets.

5. Condominiums/Townhouses/Apartment Buildings. Each individual unit should be designed to accommodate a week's accumulation of paper, glass and metals. This can be accomplished by allowing space under the sink area or in a closet for a three (3) tier stacking unit or for five (5) gallon buckets. This would occupy only about three (3) square feet of floor area and would give residents a convenient area for storing their recyclables.

A central location should be provided so that residents can drop off their source separated recyclables for storage until collection occurs. A suggested location for these sites would be near the refuse receptacle units. These could be outdoor recycling bins located near the refuse units or in a common area of the condominium units, for example, near the laundry room. In a multi-story building, a space provided on each floor will produce the highest participation rates. The bins should be clearly labeled so it is obvious they are for recyclables and not trash.

(Ord. 6 S+FH, 5-3-88; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

38:10-50. FIRE PREVENTION.

The Fire Department of the City shall approve all means of fire protection including but not limited to such things as site accessibility for fire apparatus, the placement of hydrants, the placement of smoke and fire detectors and the installation of all fuel and heating systems such as gas and oil supplies. All on-site heating systems shall be designed in accordance with the standards of the Uniform Construction Code and Fire Code as adopted by the City. (R.O. 1966 C.S. § 16:9-49; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

38:10-51. ADDITIONAL MEASURES.

The Central Planning Board may require provisions of such additional measures as it deems necessary to protect public areas or neighborhood properties from adverse effects of the proposed development which would be harmful to health, safety, conservation of property values and general welfare. (R.O. 1966 C.S. § 16:9-50; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

ARTICLE 6 Commencement of Project

38 : 10-52. NOTICE UPON COMMENCEMENT ; SITE PLAN COPY AT CONSTRUCTION SITE .

The Director of Engineering and the Secretary of the Central Planning Board shall be notified in writing seventy-two (72) hours before the commencement of construction of any development which has received final site plan approval. This notification shall be sent by the applicant.

A copy of the approved final site plan shall remain at the construction site during the entire construction period until a certificate of occupancy has been issued and all requirements of the plan have been complied with. (R.O. 1966 C.S. § 16:9-51; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

ARTICLE 7 Inspection

38:10-53. INSPECTION.

No person shall interfere with or prevent a Construction Code Official or Sub-code Official or the authorized person of the Central Planning Board from inspecting any site while engaged in the performance of his/her duties under this chapter. Permission is granted to the Construction Code Official or his/her authorized designee to enter upon the site and property during regular work hours. (R.O. 1966 C.S. § 16:9-52; Ord. 6 PSF-A(S), 7-14-09 Exh. A)

38:10-54. ENFORCEMENT.

a. Pursuant to N.J.S. 40:55D-18, the Construction Code Official or Sub-code Official shall inspect each site for which a performance bond or certified check has been posted and the Construction Code Official shall certify to the developer whether installations and control measures are in compliance with the standards in general design principles prescribed by Article 5, Section 38:10-30 et seq. of this chapter. In addition, an applicant is responsible for compliance with any specific requirements that have been stated as conditions of site plan approval. The Construction Code Official shall keep the Central Planning Board informed as to whether the construction is in compliance with the requirements of the site plan. If the Official shall, during the course of an inspection, find that a developer is not complying with the approved site plan, the Construction Code Official shall send a written report of his findings to the Central Planning Board.

b. The Central Planning Board shall forward such notice to the applicant indicating in the notice the specific reasons for the noncompliance notice. Within seven (7) days of the notice, another inspection shall be made by the appropriate officials. If noncompliance is again found, the Director of Engineering shall issue a stop-construction order for all activities on the site. The order shall be sent to the developer by certified mail. Such an order shall be issued whenever a project is not being conducted in accordance with (1) the approved final site plan modifications; (2) conditions stipulated at the time of final site plan approval; or (3) provisions provided by this chapter. The notice sent to the applicant regarding a stop-work notification shall inform the developer that he/she has a right to contest the stop-work order by making a request to the Central Planning Board for a review of the site plan. The participants of such a review shall be the Director of the Department of Engineering, the Chief Planning Officer of the City of Newark and the Secretary of the Central Planning Board. If after the review it is found that the applicant deviated from the final site plan approval specifications the Construction Code Official shall provide to the applicant the specifics of the noncompliance, necessary corrective measures, and a timetable for compliance of same in

c. Prior to the commencement of construction after a stop-work order, the applicant is required to submit signed and sealed amended plans (three (3) copies-one (1) copy to be submitted to the Director of Engineering, one (1) copy to be submitted to the Central Planning Board and one (1) copy to the City Planning Officer). After a review of these plans by the Engineering Department and the Planning Office if the plans are acceptable, then a notice informing the developer to continue construction will be issued forthwith.

(R.O. 1966 C.S. § 16:9-53; Ord. 6 PS F-A(S), 7-14-09 Exh. A)

38:10-55. PENALTIES.

a. Any person who violates any provision of Article 5, Section 38:10-30 et seq. of this chapter, shall upon conviction thereof; be punished by a fine not exceeding five hundred ($500.00) dollars.

b. For any and every violation of any other provision of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, architect, builder, or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every violation, be punished by a fine not exceeding five hundred ($500.00) dollars.

c. A separate offense shall be deemed continued on each day during or on which a violation occurs or continues. (R.O. 1966 C.S. § 16:9-54; Ord. 6 PS F-A(S), 7-14-09 Exh. A)

ARTICLE 8 Completion

38:10-56. FILING UPON COMPLETION.

Upon completion of all work, a professional architect or professional engineer licensed in the State of New Jersey shall file with the Secretary of the Central Planning Board and the Director of Engineering, certification on a form obtained from the Department of Engineering, that all measures of the site plan have been completed in conformance with the approved plan and provisions of this chapter. (R.O. 1966 C.S. § 16:9-55; Ord. 6 S+FD, 6-2-04 § 1; Ord. 6 PSF-A(S), 7-14-09 Exh. A)