Borough of Palmyra, NJ Chapter 234 Storage Facilities

[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 7-14-1986 by Ord. No. 1986-11 (Ch. 39, Art. III of the 1971 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 95.

 Fire prevention— See Ch. 121.

Junkyards — See Ch. 153.

Land development — See Ch. 158.

Storage of tires — See Ch. 252.

Outdoor display of merchandise — See Ch. 271.

§ 234-1 Word usage; definitions.

A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory.

B. As used in this chapter, the following terms shall have the meanings indicated:

STORAGE FACILITY

Includes all kinds of structures, including but not limited to truck trailers, with or without wheels, located on any premises, which are used or have been used for the storage of any material.

§ 234-2 License required; application; performance bond; fee.

A. Within the limits of the Borough of Palmyra, no person shall maintain on any premises a storage facility unless and until there shall be granted by the Construction Official, in accordance with the terms of this chapter, and shall be in force and in effect a license to maintain such storage facility.

B. A license shall be applied for by written application, filed with the Construction Official, on such form as he may prescribe. The application shall set forth the full name and address of the applicant, the location or place of the premises, the location upon said premises of the subject storage facility, the total cubic feet of the storage facility and a list of the materials which will be stored in the same. The application shall also be accompanied by a deposit to cover the license fee for the current year in the amount hereinafter provided, which license fee as to the first license granted for any place shall be proportionately prorated for the remainder of the year.

C. Agents responsible for obtaining license. The agents or other representatives of nonresidents who are doing business in this Borough shall be personally responsible for compliance of their principals with this chapter.

D. Performance bond. Every licensee shall provide the Borough with a performance bond in the amount of $1,000, executed by a corporate surety authorized to issue bonds and to do business in the State of New Jersey, which bond shall guarantee to the Borough the performance by the licensee of all of the conditions imposed by this chapter. Every bond shall provide that the surety thereby submits itself to the jurisdiction of the Burlington County District Court and irrevocably appoints the Borough Clerk as its agent upon which any papers affecting its liability on the bond may be served; that the liability of the surety may be enforced on motion without the necessity of an independent action; and that the motion and such notice of the motion as the Burlington County District Court has prescribed may be served upon the Borough Clerk, who shall forthwith mail copies to the surety to the address given in the bond. The bond shall be maintained in full force for such period of time as the license shall be issued.

E. Expiration of license; renewal. Every license shall expire on December 31 of the year in which it is issued. Applications for the renewal of licenses may be filed at any time prior to December 31 of each year and shall contain all of the information set forth in Subsection B.

F. Enlargement of storage facility. No licensee shall be permitted to enlarge the storage facility or otherwise change the facility without first securing the approval therefor from the Construction Official and payment of the additional license fee.

G. Fees. There shall be charged and collected for the license an annual fee of $0.10 per cubic foot of storage space. The fee shall be payable in advance each year.

H. Additional information. The Construction Official may require any applicant for a license and any licensee to supply additional information concerning the applicant for the proposed storage facility or the licensee to assure compliance with all of the provisions of this chapter.

I. Contents of license. Each license issued hereunder shall state upon its face the following:

(1) The name of the licensee and the name, if applicable, of the business under which the premises is conducted.

(2) The address of the premises.

(3) The amount of the license fee.

(4) The date of issuance and expiration thereof.

(5) Such other information as the Construction Official shall determine.

§ 234-3 Duties of licensee; display and transfer of license.

A. Every licensee under this chapter shall:

(1) Permit all reasonable inspections of his business and storage facilities by the Construction Official or his designee.

(2) Ascertain and at all times comply with all laws and regulations applicable to said storage facilities, including but not limited to the Uniform Construction Code Act, the Uniform Fire Safety Act and state and local zoning laws.[1]

[1] Editor's Note: See also Ch. 95, Construction Codes, Uniform; Ch. 121, Fire Prevention, and Ch. 158, Land Development.

(3) Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare.

(4) Refrain from using the licensed storage facility after expiration of his license and during the period his license is revoked or suspended.

B. Display of license. Every licensee under this chapter shall post and maintain such license upon the licensed premises in a place where it may be seen at all times.

C. Transfer of license. A licensee hereunder shall not have the right to transfer his license to another person. Any such transfer shall be unlawful, null, void and of no effect.

§ 234-4 Inspections; enforcement orders and actions; appeals.

A. Inspections. The Construction Official shall have the power to appoint any person to conduct inspections of storage facilities licensed under this chapter.

B. Authority of inspectors. All persons authorized herein to inspect licensees shall have the authority to enter, at all reasonable times, the following premises:

(1) Those for which a license is required.

(2) Those for which a license was issued and which, at the time of inspection, are operating under such license.

(3) Those for which a license has been revoked or suspended.

C. Reports by inspectors. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this chapter to the Construction Official and shall submit such other reports as the Construction Official shall order.

D. Provisional order. When an inspector has reported the violation of this chapter, the Construction Official shall issue to the affected person a provisional order to comply.

(1) Nature of notice. The provisional order, and all other notices issued in compliance with this chapter, shall be in writing, shall be personally served and shall apprise the person affected of his specific violations. In the absence of the person affected or his agent or employee, a copy of such notice shall be affixed to the storage facility on the premises. Depositing such notice in the United States Mail shall constitute service thereof.

(2) Period for compliance. The provisional order shall require compliance within three days of personal service of the affected person.

(3) Hearing. Upon written application by the person affected before the expiration of the three-day period for compliance, the Construction Official shall order a hearing. Notice of such hearing shall be given to the affected person in the manner described herein. At such hearing, the person affected shall introduce evidence demonstrating that the order for compliance is either being complied with or is in error.

E. Modifying authority of Construction Official. Upon written application or on his own motion, the Construction Official shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date and to change, modify or rescind any recommendation or order.

F. Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made out to hearing, the Construction Official shall then declare and make the provisional order final.

(1) Authority of Construction Official. The Construction Official shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.

(2) Effect of revocation or suspension. Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee, and he shall immediately cease using the storage facility subject to such license. He shall, furthermore, immediately remove such storage facility from his premises.

G. Summary action. When the conduct of any licensee, agent or employee is so detrimental to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the Construction Official shall have the authority to summarily order the cessation of use of the storage facility or suspend or revoke the license.

(1) Special hearing. Unless waived in writing, within five days after he has acted summarily, the Construction Official shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given to the affected person in the manner described herein.

H. Right of appeal. Any person aggrieved by any decision of the Construction Official at the hearing shall have the right to appeal to the Borough Council by filing a written appeal within five days following the effective date of the action or decision complained of.

(1) Contents of appeal. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.

(2) Notification of Construction Official. At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the Construction Official.

(3) Hearing. The Borough Council shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The Borough Council shall also give such notice to the Construction Official, and such official shall be entitled to appear and defend such order.

(4) Final decision. The findings of the Borough Council shall be final and conclusive and shall be personally served upon the appellant as required herein.

I. Liability of violator.

(1) The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the Borough.

(2) The Borough Solicitor shall, at the direction of the Construction Official, institute civil suit in the name of the Borough to recover any such unpaid fee. The violator shall be liable to the Council for all costs, including attorney fees and interest, incurred to recover any such unpaid fee.

J. Criminal prosecution. No civil judgment or any act by the Borough Solicitor, the Construction Official or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter.