For all permits issued hereunder on and after the date of adoption of these amendments to this article, and for all permits issued at whatever time under the provisions of § 178-24 and/or the precursor section thereto, the following standards shall be applicable to all construction sites within the Borough of Stone Harbor. These standards shall be considered general site standards regarding dumpsters, semitrailers, portable toilets and construction trailers and not construction site standards as provided by the Uniform Construction Code, and no right of appeal afforded under the Uniform Construction Code shall be applicable to this article.
[Adopted as Sec. 13-15 of the 1982 Revised General Ordinances]
[Amended 11-3-2025 by Ord. No. 1698]
As used in this article, the following terms shall have the meanings indicated:
A metal or steel container equipped with an attached or detachable cover to be utilized at a construction site for the accumulation of construction or demolition materials and debris and for other solid waste generated on the construction site. The dumpster may also be made of wood, provided that it is sufficiently durable to permit multiple loadings and unloadings and to otherwise fulfill the requirements of this article.
A portable storage unit, typically made of metal, wood, or durable composite materials, designed for the temporary storage of personal property, construction materials, or other items, which can be delivered to and removed from a site by a motor vehicle.
The meaning ascribed to it in the Motor Vehicle and Traffic Code of the State of New Jersey as that term may be amended and supplemented, N.J.S.A. 39:1-1. Such definition shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
The meaning ascribed to it in the Motor Vehicle and Traffic Code of the State of New Jersey as that term may be amended and supplemented, N.J.S.A. 39:1-1 and shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
[Amended 7-15-2014 by Ord. No. 1446; 6-3-2025 by Ord. No. 1684; 11-3-2025 by Ord. No. 1698]
A.
Each "construction site," which shall be defined as any location within the Borough whereupon any person or entity intends to or does perform trade work or landscaping which requires a permit from the Borough Construction Office, shall be equipped with an adequate and suitable receptacle or container for the deposit of construction and demolition debris and other solid waste generated as part of the construction process. Construction debris does not include garbage as defined in Chapter 357, Littering, hereof, which shall be handled in accordance with the provisions of Chapter 357, Littering. The owner and/or contractor can satisfy the requirements hereof by use of a dumpster or other similar device.
B.
Dumpster cover; placing surface.
(1)
Effective June 1, 2025, and thereafter, each and every dumpster delivered to a construction site in the Borough for use during construction or demolition shall be equipped with a cover, or such cover shall be supplied by the owner providing the dumpster, and which shall be of sufficient size to completely cover the dumpster, and such cover shall be capable of attachment thereto. The cover shall be made of such durable material as will cause the cover to be secured and to remain in place during transit within and outside the Borough.
(2)
Such cover must be capable of being secured in such manner as to prevent the spilling or discharge of debris or other materials while being transported from the Borough to the destined disposal site.
(3)
The owner of the dumpster shall supply the cover required by this section and the dumpster shall not be removed from the construction or demolition site until and unless such cover is securely affixed to the dumpster. This cover shall also be used to cover the dumpster during construction and demolition as herein provided.
(4)
The owner of the dumpster, the contractor, and their employees and agents shall be jointly and severally responsible for compliance with these requirements and violations shall be punished as hereinafter provided.
(5)
The surface on which the dumpster or pod will be placed shall be protected. A sufficient amount of plywood shall be placed on the surface where the underside of the dumpster or pod makes contact with the surface to displace weight and protect the surface, and reflective cones shall be placed at street side corners.
C.
The dumpster shall be emptied at periodic intervals so as to prevent overloading, escape of materials contained therein, and to prevent obnoxious odors or nuisances of any type during the period of construction.
D.
To the extent possible, the dumpster or pod must be located on the construction site rather than on the Borough street, right-of-way or pavement, subject to the requirements of § 178-24. There shall be no dumpsters or pods permitted on the avenues in the Borough within 50 feet of an intersection.
E.
It is unlawful for the owner or operator of any dump truck, open-top truck, construction vehicle with a dumpster or roll-off container, or vehicle with an open cargo area, including any pick-up truck or any trailers attached to any of the foregoing:
(1)
To operate such vehicle or trailer within the Borough or drive upon its streets and roadways while transporting or removing construction or demolition materials, debris, or other items that could spill or discharge from the container, unless the container or cargo area is fully and securely enclosed and covered with a canvas tarp, nylon net, or other suitable material designed to prevent spillage.
(a)
This enclosure or cover must span the entire cargo area, be tightly secured, and withstand wind and other elements during transit to prevent any spillage or discharge.
A.
Any construction site which requires the disruption of water and/or sewer service for a period of more than 72 hours, or where water and/or sewer service has been disconnected for more than 72 hours, shall contain at least one and not more than two portable toilets. The same must be located at least 15 feet back from the curbline and located on the actual construction site and not on the street and not on the public sidewalk or area designated for the sidewalk and the same shall not be located in the public right-of-way.
B.
The location of the portable toilets shall be such as to minimize adverse aesthetic conditions and to minimize any effect on any neighboring or adjoining properties.
C.
The portable toilets shall be serviced at regular intervals so as to prevent any health hazard, any violation of the Public Health Nuisance Code, including, but not limited to, odors and other obnoxious conditions and nuisances of any type.
D.
Exception: In the case of construction related to existing condominiums or multiple-unit structures, this provision may be waived by the Construction Official upon presentation to the Construction Official of written proof of access to toilet facilities on the construction site.
A.
Semitrailers which are used for any purpose in the construction process, including use for storage purposes, must be parked on the construction site, subject however to the provisions of § 178-24.
B.
Under no circumstances may any semitrailer be parked on the public streets or public thoroughfares at any time commencing the Friday of Memorial Day weekend through and inclusive of September 15 of each year.
C.
It shall be the duty of the permittee to take all measures necessary to prevent damage to the public streets or rights-of-way from any portion of such semitrailer. Any such damage caused shall be repaired in accordance with a directive of the Construction Official. Failure to make repairs may result in issuance of a complaint under this article and under separate authority of the Construction Official.
A.
Trailers commonly known as "construction trailers" containing tools, materials or supplies for contractors, landscapers and craftsmen shall be parked immediately in front of or on the construction sites but only during the period of actual construction and only during the period of time when the particular contractor or craftsmen utilizing the trailer is actually engaged in working on the project. All such trailers shall be removed from the site immediately following the completion of the construction project or that particular portion thereof on which a particular contractor or craftsman was engaged.
B.
If such trailer is parked on the street, it must be parked so as to conform to the requirements of the New Jersey Motor Vehicle Code, N.J.S.A. 39:1-1 et seq.
C.
On the avenues of the Borough, no construction trailer shall be permitted to be parked within 50 feet of an intersection.
A.
Application shall be made to the Construction Official of the Borough of Stone Harbor on a permit application provided by the Borough for permission to place a construction dumpster or semitrailer within the Borough of Stone Harbor. All permits issued under this section shall be prominently displayed upon the construction site or dumpster or semitrailer in such a manner as to be capable of being read by the driver of a passing motor vehicle. No permit is required for use of a construction trailer as herein defined. In the event that the dumpster, semitrailer or construction trailer cannot be located on the actual construction site, the same may be located on the street immediately in front of the construction address subject to the approval of the Construction Official and the Chief of Police. If the property fronts on a side street and an avenue, the same shall be placed on the side street adjacent to the construction site subject to the approval of the Construction Official and the Chief of Police. Any permit application for a dumpster or semitrailer to be placed upon the street shall be accompanied by a fee of $250. There shall be no fee for a dumpster or semitrailer to be placed on private property. All permitted dumpsters or semitrailers shall be permitted to remain only during the period of actual construction.
B.
Dumpsters or semitrailers on the street shall be equipped with suitable reflectors, warning devices and must be marked with no less than two reflective cones located to the rear of the dumpster or semitrailer and two in the front of the dumpster or semitrailer.
Nothing contained within this article shall be interpreted or construed as relieving any person or entity from the obligation of complying with all other Borough ordinances regulating the disposal of solid waste and recyclable materials or the provision of Borough ordinances related to littering and public nuisance. The requirements of this article shall be in addition to all such other requirements and is not intended in place thereof.
A.
Enforcement. Upon notice from the Construction Official or his representative or a member of the public, a member of the Police Department may cause a complaint-summons to issue in the name of said police officer if same has witnessed the offense. In the event that said police officer has not witnessed the offense, then the Construction Official or his representative or said member of the public may swear out a complaint in the presence of the Court Administrator who shall handle such complaint in accordance with established court procedures.
B.
Penalties. Any violation of any of the provisions of this article shall be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code. Each day that a violation occurs shall be deemed a separate and distinct violation and shall be punishable accordingly. For purposes of determining whether this is a first offense, the court shall not be limited to violations at a particular construction site but will consider the cumulative record of the offender at any construction site located within the Borough of Stone Harbor in the County of Cape May and State of New Jersey.[1]