[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 11-28-2007 by Ord. No. 2007-28. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person (as defined herein) who applies for a permit for
the placement of a dumpster.
Any debris-transfer body which is commonly used for the placement,
collection and/or carting of rubble, rubbish, garbage, debris, building
material or any other matter, whether such container is portable or
semiportable.
A natural person, corporation, partnership, sole proprietorship,
limited partnership, limited partnership association, voluntary association,
estate or trust, and shall include the plural form of any entity or
person defined herein.
Lights and/or reflectors mounted on or at the dumpster which
shall be capable of warning vehicle traffic or pedestrians for a distance
of 200 feet and shall be visible in both day- and nighttime hours.
The property owner shall make every effort to
place the roll-off dumpsters on private property rather than on streets,
highways or public property. In such cases where the only practical
location for a roll-off dumpster is on a street, highway or public
property, the property owner shall submit with the permit application
a plan that shows where the roll-off dumpster is to be located depicting
driveways, intersections and property lines.
Consistent with N.J.S.A. 27:5I-1, no person
or entity, other than duly authorized servants or agents employed
or engaged by the Township of Mansfield on behalf the Township of
Mansfield, shall park or leave unattended any waste or refuse container,
commonly known as a "roll-off dumpster," on or along any municipal
street, highway or public property within the Township of Mansfield
without first obtaining a permit from the Township Clerk, or along
any street, highway or public property without the written consent
of the appropriate county or state authority having jurisdiction over
the highway or public property.
A.
Application forms for a permit to place a roll-off
dumpster upon a street, highway or public property within the Township
of Mansfield shall be obtained from the office of the Township Clerk.
The application forms for a permit to place a roll-off dumpster upon
a street, highway or public property within the Township of Mansfield
shall be signed by the owner of the property adjacent to the street,
highway or public property on which the roll-off dumpster is to be
placed.
B.
Before the permit is issued to park or leave unattended
any roll-off dumpster, the application shall be reviewed and location
inspected and photographed prior to approval by a member of the Mansfield
Police Department, who shall certify that the placement of a roll-off
dumpster on or along the public road, street, right-of-way or public
property shall not create an unreasonable hazard or risk to the health,
safety or welfare of the residents of Mansfield Township.
C.
Permits, when issued by the Township Clerk, shall
only be issued in the name of the property owner and shall be displayed
prominently upon the private property adjacent to the public property
upon which the roll-off dumpster is placed. The Township Clerk shall
provide copies of any permits that are issued pursuant to this section
to the Mansfield Police Department and Property Maintenance Official
and Building Inspector. The permit shall be displayed in a conspicuous
position on the job site during the period of its use.
[Amended 1-28-2015 by Ord. No. 2015-2]
A.
The permit fee shall be $100. In addition, under advisement
of the Construction Office, the Township may, in its discretion, require
an indemnity deposit of $500 to reimburse the Township for the cost
of any extraordinary cleanup or repair which may be incurred by the
Township as a result of the use permitted.
B.
Upon permanent removal of the dumpster or other receptacle,
the Public Works Department shall inspect the property for any damage
to the street, sidewalk or publicly owned property. If there has occurred
any damage to said property, then there shall be deducted from the
deposit moneys in a sufficient amount to repair the same. If the moneys
on deposit are insufficient to cover the cost of repairs, the owner
shall be responsible for any additional sums necessary to complete
the cost of repairs.
C.
The permit fee may be waived by the Mansfield Township
Committee for dumpsters placed pertinent to Township projects or events
whether the cost would be borne by the Township or a private entity.
Consistent with N.J.S.A. 27:5I-1, approval for
placement of a roll-off dumpster upon a street, highway or public
property shall remain in effect for a period of not more than 30 days.
Upon expiration of the initial thirty-day approval, a placement permit
may be endorsed one time for a thirty-day renewal period by the Township
Clerk for a second fee of $100.
A.
All dumpsters placed on public streets or roadways shall comply with the provisions of Chapter 4 of Title 39 of the New Jersey Statutes Annotated and all parking ordinances of Mansfield Township.
B.
No dumpster shall be placed within five feet of an
adjacent property owner's driveway.
C.
The width of the street or roadway to be used shall
be limited in accordance with the traffic conditions, and the portion
so used shall not exceed 1/3 of the width of said street or roadway.
D.
No dumpster shall be placed at a site more than 24
hours prior to construction nor remain more than 24 hours subsequent
to construction being completed.
E.
Upon removal of any dumpster, the street or roadway
shall be swept clean of all loose debris and restored to its former
condition.
Consistent with N.J.S.A. 27:5I-1, in all cases
where a roll-off dumpster is to be placed upon a street, highway or
public property, the roll-off dumpster shall be equipped with and
display markers consisting of all-yellow reflective diamond-shaped
panels having a minimum size of 18 inches by 18 inches. These panels
shall be mounted at the edge of the dumpster or container at both
ends nearest the path of passing vehicles and facing the direction
of oncoming traffic. These markers shall have a minimum mounting height
of three feet from the bottom of the panels to the surface of the
roadway. At the end of each workday or during any prolonged period
of time when not in use, the roll-off dumpster shall be covered with
a tarpaulin or other industry-acceptable material.
A.
No person shall purposely, knowingly, recklessly or
negligently damage any street, highway or public property or allow
damage to be caused to any street, highway or public property by the
placement of a roll-off dumpster upon a street, highway or public
property. It shall be no defense to a prosecution for an offense under
this section that a permit for placement of a roll-off dumpster was
obtained from the Township Clerk or that timber material had been
placed under the wheels or skids of the roll-off dumpster as required
by this chapter, it being the responsibility of the property owner
to provide for further protective measures to the street, highway
or public property if the timber material required by this chapter
proves to be insufficient to adequately protect the street, highway
or public property from damage by reason of the weight of the roll-off
dumpster or any other factor or cause. The roll-off dumpster shall
have its wheels or skids, as the case may be, placed on timber material
having minimum dimensions of not less than two inches thick by 12
inches wide by 48 inches long, so as to provide protection to the
surface of the street, highway or public property upon which the roll-off
dumpster is to be placed.
B.
If the Mansfield Township Public Works Department
shall at any time determine that any physical damage has been caused
to any street, sidewalk or Township-owned property, it may cause the
removal of the dumpster or other receptacle without notice, at the
owner's expense, and the owner shall be responsible for all costs
necessary to restore the property to its condition prior to the placement
of the dumpster or other receptacle.
A.
The Township may, in its discretion, refuse to issue
a permit if it deems the same to constitute a danger to public safety
or an unwarranted interference with the efficient movement of traffic.
B.
The Township may revoke a permit for the same reasons
and, if the dumpster or other receptacle is not removed within 24
hours after notification, may arrange to have the same removed and
stored at the owner's expense.
C.
The Township may revoke a permit if it determines
that false statements were made in the application or if it determines
that the applicant has failed to conform to the regulations set forth
herein.
D.
If the Township shall at any time determine that an
emergency situation exists with regard to said dumpster or other receptacle,
it may remove the same without notice, at the owner's expense.
E.
The Township may revoke a permit if it determines
that any dumpster has remained filled without being emptied for a
period exceeding 72 hours.
F.
A decision by the Township to revoke any permit issued
hereunder shall be transmitted in writing to the permit holder by
registered or certified mail; such decision shall state clearly the
grounds for revocation.
G.
The permit holder may appeal the revocation to the
Mayor and Committee of Mansfield Township. An appeal must be filed
within seven days after the notice of revocation was mailed. Such
appeal must state in writing the grounds for the appeal. The Mayor
and Committee shall then set a time and place for the hearing and
notify the permit holder in writing at least five days in advance
of the hearing by mailing a notice to his last known address. The
decision and order of the Mayor and Committee shall be final and conclusive.
The placement of a dumpster in a public road
or right-of-way without the benefit of permit shall result in the
right of the Township to remove such dumpster. The cost of removing
such dumpster shall be assessed against the applicant or the person
benefited from the placement of the dumpster.
The enforcement of this chapter shall be by
the Mansfield Township Police Department, which shall issue the appropriate
summonses in the event that any roll-off dumpster is placed along
any public road, street, right-of-way or public property under the
jurisdiction of Mansfield Township without first obtaining the required
permits.
Consistent with N.J.S.A. 27:5I-1, a person who
is convicted of a violation of this chapter shall be subject to a
fine of $100 for each violation, and each day said violation is continued
shall constitute a separate offense. In default of the payment of
a fine, imprisonment in the county jail for a period of not more than
90 days may be imposed. All fines collected under this chapter shall
be paid over to the board or body charged with the maintenance of
the street, highway or public property upon which the violation occurs.
In addition to a fine, a person who has been convicted of a violation
of this chapter may be sentenced to make restitution in the event
that a street, highway or any public property has been damaged by
reason of placement of a roll-off dumpster thereon.
Should any part or parts of this chapter be
adjudged invalid, such adjudication shall not affect the validity
of this chapter as a whole but shall apply only to the part or parts
which are subject of the adjudication and the remainder of this chapter
shall remain valid and effective.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed. This chapter shall take effect immediately
upon its proper publication and adoption and as provided by law.
