Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 8-21-2006 by Ord. No. 2006-13. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 221.
Streets and sidewalks — See Ch. 250.
The purpose of this chapter is to provide a uniform set of procedures for administering the placement and maintenance of clothing bins within the Township of Lumberton, as well as providing for a uniform set of procedures for administering the issuance and revocation of all permits issued by the Zoning Officer of the Township of Lumberton for the placement of clothing bins.
It shall be unlawful for any person, firm, corporation, club or charitable organization, institution or association to place and/or maintain any bin, dumpster or other depository to collect clothing for the needy or for any other group of people on any public or private property, including any public sidewalk street or alley or any private parking lot or walkway or at any other location in the Township without first submitting an application and obtaining a permit from the Zoning Officer.
A. 
Application for a permit to place and/or maintain a clothing bin, dumpster or depository shall be made in writing to the Zoning Officer prior to placing the clothing bin, dumpster or depository. The application shall contain the following information:
(1) 
Name and address of person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin, dumpster or depository.
(2) 
Name and address of the owner of the premises on which the clothing bin, dumpster or depository is to be located and the written consent of the owner if applicant is other than the owner.
(3) 
A sketch plat showing the exact location which the clothing bin, dumpster or depository will be located.
(4) 
A description including dimensions of the proposed clothing bin, dumpster or depository.
(5) 
The manner in which the applicant anticipated any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of the collected donations would be allocated or spent.
[Added 7-25-2019 by Ord. No. 2019-04]
(6) 
The name and telephone number of the bona fide office, required pursuant to Subsection A(5) above, of any entity which may share or profit from any clothing or other donations collected via the bin.
[Added 7-25-2019 by Ord. No. 2019-04]
B. 
There shall be an annual $25 fee for each permit.
[Amended 7-25-2019 by Ord. No. 2019-04]
C. 
Any permit issued pursuant to the section shall remain valid for one year from the date of issuance. After the permit has expired, a permittee must either reapply for an annual renewal or remove the donation bin.
[Amended 7-25-2019 by Ord. No. 2019-04]
The permit authorized hereunder shall be prominently displayed upon the clothing bin, depository or dumpster at all times.
A. 
The location of the bin, depository or dumpster shall be subject to the approval of the Zoning Officer.
B. 
Each clothing bin, dumpster or depository shall be accessory to an existing nonresidential use.
C. 
No clothing bins, dumpster or depository shall be placed so as to create a danger or hazard to any pedestrian or vehicular traffic.
D. 
Each clothing bin, dumpster, depository shall be appropriately located so as to not interfere with sight triangles, on-site circulation, required setbacks, landscaping and parking.
E. 
Each clothing bin, dumpster, depository and the surrounding area shall be maintained in a neat, clean and orderly condition, and shall be regularly emptied by the licensee. Failure to maintain the clothing bin, dumpster or depository and surrounding area in neat, clean and orderly condition shall be cause for revocation of the license granted hereunder.
F. 
Each property is permitted to have a maximum of four clothing bins, dumpsters or depositories, or any combination thereof so long as the total aggregate number of bins, dumpsters or depositories located on any one property does not at any time exceed four in number.
[Amended 7-25-2019 by Ord. No. 2019-04]
A. 
This chapter shall be enforced by the Zoning Officer. All licensed clothing bins, dumpsters and depositories shall be subject to inspection by the Zoning Officer or any other duly authorized representative of the Township of Lumberton.
B. 
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer that a person has engaged in, or is engaging in, any act or practice in violation of N.J.S.A. 40:48-2.61 et seq., the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or if a hearing with the appropriate municipal agency is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
C. 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the appropriate municipal agency may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the municipality.
[Amended 7-25-2019 by Ord. No. 2019-04]
A. 
In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), which results in seizure of the donation clothing bin shall be:
(1) 
Subject to a penalty of up to $20,000 for each violation. The appropriate municipal agency may bring this action in the Municipal Court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the municipality; and
(2) 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), may apply to the appropriate municipal agency to have that person's eligibility restored. The appropriate municipal agency may restore the eligibility of a person who:
(a) 
Acts within the public interest; and
(b) 
Demonstrates that he made a good-faith effort to comply with the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intention.