[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 8-11-1993 by Ord. No. 1329. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to this chapter allowing the placement
of trailers and/or storage containers upon property of the licensee
for a period of one year; said license is renewable for one-year periods
not exceeding five renewals.
A device (structure) or any portion thereof, used for the
storage of goods, wares, merchandise, raw materials, agricultural
or manufactured products, which device (structure) is installed on,
above or below the surface of a parcel of land. Structures as defined
in the Uniform Construction Code Act are not included.
Every vehicle with or without motive power, designed for
carrying persons or property and for being drawn by a motor vehicle;
but not including boat trailers, RVs (recreational vehicles), licensed
motor vehicle trailers and utility trailers.
Use of a trailer to store goods, wares, merchandise, raw
materials, agricultural or manufactured products for a period in excess
of 30 days and/or where the trailer's position on the property remains
unchanged for a period in excess of 30 days.
The placement upon the property for a period exceeding 60
days but not more than one year. Where licenses are not obtained for
said trailers, they must be removed from the property or subject the
property owner to the penalty provisions of this chapter.
The placement upon the property of a trailer or storage container
for a period not to exceed 60 days with prior notification to the
administrative officer of the Borough of South Plainfield.
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles.
A.
The governing body of the Borough of South Plainfield
deems the use of trailers and storage containers as outdoor storage
facilities to be otherwise illegal, whether or not said trailers have
valid Department of Motor Vehicle registrations. It is the intent
of this chapter to regulate the aforesaid uses; the governing body
expressly requiring that all the provisions of this chapter be complied
with by the tenant and/or owner of the property upon which trailers
and storage containers are used for outdoor storage purposes.
B.
The governing body intends that this chapter is to
cover all trailers/storage containers that are adaptable or suitable
to be used for storage. The permanent placement of same upon property
requires obtaining a license for said trailers/storage containers
at the time of placement, regardless of whether or not they are then
being used for storage purposes.
C.
It is further intended by the governing body that
the permanent placement of trailers/storage containers in accordance
with this chapter is not to be construed as the placement of a permanent
structure; hence, the provisions of BOCA Uniform Construction Code
shall not apply.
A.
The maximum number of permitted trailers and/or storage
containers used as outdoor storage facilities shall be limited to
no more than three per acre of land. The governing body may permit
an increase in the number of trailers/storage containers allowed per
acre upon application by the property owner for a waiver of this density
requirement based upon a finding of hardship or special circumstances.
[Amended 4-16-2018 by Ord. No. 2109]
C.
Trailers and/or storage containers shall not be permitted
in any zone upon lots less than one acre and shall not be permitted
at all in residential zones.
A.
The application for and renewal of licenses for trailers
and storage container placement upon property shall be on forms provided
by the Building Department of the Borough of South Plainfield. The
initial inspections of trailer/storage container placement shall be
conducted by the Code Enforcement Officer/Zoning Officer of the Borough
of South Plainfield to determine the compliance with the provision
of this chapter, the Borough's Zoning Ordinance[1] and the Property Maintenance Code.[2] Thereafter, annual inspections shall be conducted by the
Code Enforcement Officer to verify the licensed placement and to ensure
compliance with this chapter.
B.
Additionally, the trailer/storage container shall
be inspected by the Borough's Department of Fire Safety, which Department
shall have the authority to issue cease and desist notices in accordance
with the provisions of the Uniform Fire Safety Act[3] for violations of same. The Department of Fire Safety
shall also conduct annual reinspections of the trailer/storage containers
to insure their continued compliance with the Uniform Fire Safety
Act; such inspections shall be of the interior to insure that material
storage is consistent with the Uniform Fire Safety Act. Trailer/storage
containers are to have placards on the exterior signifying the contents
stored with a of list materials
on file with the Police Department and Fire Prevention Bureau.
[Amended 10-17-2006 by Ord. No. 1759; 4-16-2018 by Ord. No. 2109]
The licensing fee shall be $50 per trailer/storage container
and shall be paid at the time of initial application by the property
owner or trailer/storage container user. Such license shall be effective
until December 31 of the year in which the license is obtained and
may be renewed annually for one-year periods of time thereafter at
a cost of $50 per trailer/storage container.
A.
The provisions of § 439-5 of this chapter shall not apply to churches, religious and fraternal organizations, and other nonprofit eleemosynary organizations which need to use trailers and/or storage containers for nonprofit purposes.
B.
The provisions of this chapter shall not apply to
contractors, office trailers and one trailer used as storage container
by contractors and as a means to transport contractor materials to
and from particular job sites. Trailers used for this purpose shall
be maintained in accordance with the provisions of the Borough Property
Maintenance Code.[1]
A.
The standards with regard to the placement of trailers
and/or storage containers for outdoor storage facilities upon the
property shall be standards set forth in accordance with this chapter
and the Zoning Ordinance regulations at the time of license application.[1]
[1]
Editor's Note: The Zoning Ordinance is on file in the Borough
offices.
B.
It shall not be required to have permanent footings
for trailers used as storage facilities. Stacking of or piggybacking
of trailers/storage containers is prohibited. Trailers/storage containers
licensed under this chapter are for storage purposes only. The use
of same for offices, workshops or assembly areas is strictly prohibited.
No utilities other than electric for illumination purposes shall be
permitted to service the trailers/storage containers. All electric
work of this nature shall require electrical permits.
A.
The governing body may, after notice and hearing,
refuse to issue, or revoke or suspend any license issued pursuant
to this chapter where the trailer or storage container user/property
owner has violated any provision of this chapter or fails to correct
any deficiency noted as a result of any annual inspection.
B.
Any person, corporation, partnership, or other legal
entity that can demonstrate that the literal enforcement of any of
the provisions of this chapter shall cause undue hardship, such person,
corporation, etc., may, upon application to the governing body setting
forth said hardship, be granted such waivers deemed necessary by the
governing body to relieve said undue hardship.
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be subject
to a fine not to exceed $500 per violation. Each week a violation
is permitted to exist shall constitute a separate offense.
