Borough of Longport, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 76.
Garbage, rubbish and refuse — See Ch. 105.
Streets and sidewalks — See Ch. 147.
[Adopted 10-21-1987; amended in its entirety 8-4-2010 by Ord. No. 2010-09]

§ 76-1 Definitions.

Unless otherwise expressly stated, the following terms, whenever used in this article, shall respectively be deemed to mean:
CONSTRUCTION TRAILER
A wheel-based, non-self-propelled flatbed or container used primarily for the transportation and/or storage of construction material and equipment. A box container which has been temporarily or permanently removed from a chassis or truck bed shall not be considered a trailer.
[Amended 11-22-2013 by Ord. No. 2013-21]
DUMPSTER
A rigid container designed and used for the temporary storage and routine disposal of building-generated solid waste and construction-related materials, which unit is placed on a construction site for the sole use of the property owners or contractor during construction, demolition, and/or remodeling of a building.
[Amended 11-22-2013 by Ord. No. 2013-21]
PORTABLE STORAGE UNIT (PSU)
A transportable unit designed and used for temporary storage of household goods, personal items, construction materials and supplies, and other such material, which unit is placed on a construction site for the sole use of the property owner or contractor on a regulated basis.
TEMPORARY STORAGE FACILITY
Consists of a nontransportable, site-constructed, normally wood-sided facility to temporarily house construction debris and material for eventual transfer to a dumpster or construction trailer.

§ 76-2 Limitations.

A. 
A properly licensed construction trailer that is attached or detached from the carrier vehicle may be permitted to remain on the street, provided:
[Amended 11-22-2013 by Ord. No. 2013-21]
(1) 
The unit is placed on the street directly within the extended property limits. Should no parking be permitted on the side of the property being constructed, the trailer may be parked across the roadway within the permitted parking area, but must be removed at the end of each workday.
(2) 
All construction trailers parked on the street must be removed or placed on site at the end of each workday.
(3) 
No construction trailers may be permitted to park on beach block streets (between Atlantic Avenue and the ocean) between the Friday before Memorial Day and the Tuesday after Labor Day.
(4) 
No construction trailers may be permitted to park on alleys (between Atlantic Avenue and the ocean) or Beach Terrace at any time.
B. 
No dumpster, portable storage unit, or temporary storage facility shall be permitted within any public street or alley right-of-way at any time.

§ 76-3 Operation.

A. 
No dumpster, portable storage unit, or temporary storage facility shall be placed on private property without the issuance of a permit from the Longport Construction Code Office.
B. 
All dumpsters or temporary storage facilities that are exposed to rainwater shall be covered at all times such that there is no spilling, dumping, leaking, or otherwise the discharging of liquids, semi-solids, or solids from the containers to the municipal or county stormwater system and/or the waters of the state.
C. 
No dumpster, portable storage unit, or temporary storage facility shall be loaded in such a manner as to cause its contents to spill onto the street or sidewalk area.
D. 
Delivery/removal and/or loading/unloading of a dumpster, portable storage unit, or temporary storage facility shall only take place during construction hours as defined in Chapter 116 of the Longport Code.

§ 76-4 Issuance and display of permit.

A. 
An approved permit from the Longport Construction Code Office shall be required for the placement of all dumpsters, portable storage units, or temporary storage facilities. The Borough of Longport Construction Code Office shall issue the permit if it appears that the applicant has the need and can reasonably accommodate the proposed unit on the property without nuisance to adjoining property. The Longport Construction Code Office shall also consult with the Fire Marshal as to the fire safety of the proposed location.
[Amended 11-22-2013 by Ord. No. 2013-21]
B. 
Said application for any on-site unit shall require the submission of a property survey on which shall be the proposed location of the unit in addition to the proposed dimensions to adjoining property lines as well as the street right-of-way.
C. 
No permit authorized by this chapter shall be granted except pursuant to an application on a form provided by the Borough, which applications must be signed by both the contractor and the property owner.
D. 
No permit shall be issued until the fee, hereinafter described, shall be paid to the Borough.
E. 
The permit shall be displayed in a conspicuous position on the job site during the period of its use.

§ 76-5 Fees.

The fee payable for permits issued under this article shall be $100 for each portable storage unit/dumpster/temporary construction container for a period of 30 days. The permit may be renewed for an additional 30 days for a fee of $50.

§ 76-6 Violations and penalties.

[Amended 11-22-2013 by Ord. No. 2013-21]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $1,000, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 6-15-2010 by Ord. No. 2010-05]

§ 76-7 Purpose.

The purpose of this article is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system operated by the Borough of Longport 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.

§ 76-8 Definitions.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Longport or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased or operated, including dumpsters, temporary storage facilities, trash cans, garbage pails, and plastic trash bags.
[Amended 11-22-2013 by Ord. No. 2013-21]
STORMWATER
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 sewage or drainage facilities, or is conveyed by snow-removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 76-9 Covering of containers and dumpsters; prevention of leaks and discharges.

A. 
Any person who controls, whether owned or 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.
B. 
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-fluids or solids to the municipal separate storm sewer system operated by the Borough of Longport.

§ 76-10 Exceptions.

Exceptions are as follows:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, listing permitted temporary demolition containers as exceptions, was repealed 11-22-2013 by Ord. No. 2013-21.
B. 
Litter receptacles (other than dumpsters 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, white goods) placed curbside for pickup.

§ 76-11 Enforcement.

This article shall be enforced by the Longport Police Department and/or the Code Officials of the Borough of Longport.

§ 76-12 Violations and penalties.

[Amended 11-22-2013 by Ord. No. 2013-21]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $1,000, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.