[HISTORY: Adopted by the Township Council
of the Township of Delran 10-24-2006 by Ord. No. 2006-14. Amendments noted
where applicable.]
No bulk storage container, storage container,
storage device, pod, or similar container shall be placed or maintained
by any private party in or on any Township property, street or right-of-way.
No bulk storage container, storage container,
storage device, pod, or similar container shall be placed or maintained
on any private property unless it complies with one or more of the
following provisions:
A.
Such containers may be placed or maintained on a driveway
or other suitably paved area for purposes of packing or unpacking
goods and materials of the owner or occupant of the property in preparation
for or subsequent to moving into or out of the property for a period
of not more than 21 consecutive days.
B.
Such containers may be placed or maintained on a driveway
or other suitably paved area for purposes of storing the goods and
materials of the owner or occupant of the property when necessary
during renovation or rehabilitation of the structure located on the
premises in which the goods or materials would otherwise be located
during the period of renovation or rehabilitation and up to 14 days
prior to commencement and 14 subsequent to completion of the work
but in no event more than a total of four months.
No trash dumpster, roll-off container, or similar
container for trash or debris of any type may be placed or maintained
by any private party in or on any Township property, street, or right-of-way
except in compliance with the provisions of this chapter. Furthermore,
no trash dumpster, roll-off container, or similar container for trash
or debris of any type may be placed or maintained on any private property
within the Township except in compliance with the provisions of this
chapter or in a manner and location as set forth on a duly approved
site plan.
Prior to the placement of any dumpster, roll-off
container, pod, storage container or similar container in or on any
Township property, street, or right of way, or on any private property
(not covered by a duly approved site plan) the owner of the property
using the container or person contracting for the use of such container
shall apply for and receive a permit from the Township pursuant to
the provisions and standards set forth herein.
A.
Application for the permit shall be made to the office
of the Township Construction Code Official on a form provided by the
Township. The application shall require, among other things, the full
name, address, and other contact information for both the owner of
the container, the person contracting for the use of the container
where such person is other than the owner of the property for which
the container is to be used, and the owner of the property with which
the use of the container is associated. The application shall be accompanied
by a permit fee of $25.
B.
Any container to be placed on a street or right-of-way
shall be placed on the street in a legal parking space, not designated
for use as a handicap parking space, as designated by the Township
and shall be equipped with appropriate reflectors or other safety
markings so that the container will not constitute a hazard to traffic.
The Township Police in the exercise of their discretion may direct
that additional markings, their location, or nature shall be supplemented
or altered if the police determine such actions are necessary for
the protection of the motoring public.
C.
The owner of the property associated with the use
of the container or the contractor arranging use of the container
shall provide the Township with satisfactory proof of liability insurance
covering any claims or losses for property damage or personal injury
resulting from or occasioned by the placement of the container in
an amount not less than $250,000.
D.
Any permit issued for placement of a container on
a street, right of way or other public property shall be valid for
a period of 14 days, and sticker or notice shall be prominently displayed
on the property associated with the use of the container indicating
the commencement and expiration date of the permit.
E.
Any container placed on private property shall be placed on a suitable base to assure stability. If in the opinion of the Township Police, the location is sufficiently near to a public vehicular or pedestrian path, the permit may require suitable safety markings as set forth in Subsection B, above.
F.
Any permit issued for placement of a container on
private property shall be valid for a period of 30 days, and sticker
or notice shall be prominently displayed on the property associated
with the use of the container indicating the commencement and expiration
date of the permit.
G.
Upon a showing of continued need for the container
(such as during the course of major construction projects), permits
may be renewed up to three times for like periods upon application
for renewal and payment of a renewal fee of $15.
A person applying for a permit under this chapter
may apply for an additional extension of time to keep the storage
or trash container in place as set forth in this section.
A.
Applications for extensions beyond those specified in §§ 102-2 and 102-4 of this chapter shall be made to the Township Construction Code Official or his designee on a form to be provided by the Township. The application shall contain full identifying information regarding the container, permit number, time it has been at the site, and reason for use. The application shall contain a narrative statement of the reason necessary for additional time. The application shall be accompanied by a fee of $25.
B.
The application shall be reviewed and a determination
made as to whether an additional extension should be granted, and
the duration of that extension, within five business days of the filing
of a complete application. In considering the application, the Construction
Code Official or his designee shall consider the length of time the
container has been in place; the reason for the container and the
reasonableness of the time allotted under this chapter for completion
of that purpose in light of all attendant circumstances; the location
of the container with respect to blocking or interfering with the
efficient parking or passage of traffic, visual impact, nature of
the neighborhood, and similar issues; whether noise, litter, or similar
quality of life problems have been associated with the use of the
container; whether the delay in completing the work or project for
which the container is necessary is beyond the reasonable control
of the user of the container; the additional time reasonably necessary
to complete the work or project; and such other factors as may be
deemed reasonable and appropriate under the circumstances.
[Amended 8-4-2015 by Ord.
No. 2015-9]
The person contracting for the use of the container
and the owner of the property associated with its use shall be jointly
responsible for compliance with the provisions of this chapter. Copies
of the penalty provisions of this chapter shall be appended to the
permit and shall be mailed with a copy of the permit to the owner
of the container and the property owner.
[Amended 8-4-2015 by Ord.
No. 2015-9]
Violations of this chapter or any conditions
of a permit issued pursuant to this chapter shall be subject to a
fine of not less than $100 nor more than $250. Each day or portion
thereof that a violation continues shall be considered a separate
violation. If any storage container, storage device, pod, trash dumpster,
roll-off container, or similar container is placed or maintained on
Township property, streets, or rights-of-way, or left in such a location
after expiration of the permit, the Township may send a notice to
the person contracting for the use of the container and the owner
of the affected property of the violation. If the violation is not
corrected within 10 days after the mailing of written notice to the
owner of the container, the container may be removed and stored by
the Township at the owner's expense. Notices to remove pursuant to
this section shall be sent by certified mail, return receipt requested,
or by personal delivery. Such charge for removal and storage of the
container shall be in addition to any fines that may otherwise be
imposed pursuant to this section.
Any and all ordinances inconsistent with the
terms of this chapter are hereby repealed to the extent of any such
inconsistencies.
The provisions of this chapter are severable.
Should any section or portion of this chapter be determined to be
invalid or unenforceable by a court of competent jurisdiction, the
remaining sections shall remain in full force and effect.
The Township Clerk shall provide notice of the
adoption of this chapter to all businesses known to be renting or
leasing storage containers and trash containers in the Township within
30 days of the adoption of this chapter. This chapter shall become
effective 60 days after adoption and publication according to law.
