[Adopted by Ord. No. 92-25 (Sec. 9-8 of the 1975 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A box car or mobile trailer used at a construction site where
a residential or commercial building is being undertaken and utilized
for storage, occupancy or warehousing purposes.
Any substance, solution or mixture which, because of its
quality, quantity, concentration, physical, chemical or infectious
characteristics, or any combination of the foregoing, presents or
may present an actual or potential hazard to human health or to the
drinking water supply if such substance, solution, mixture or combination
thereof is discharged to the land or waters of the Township of Lower.
Toxic or hazardous materials shall include:
Each and every substance, material or waste
found listed in either or both of Parts 116 and 261, Title 40, of
the Code of Federal Regulations, or the New Jersey Statutes or the
New Jersey Administrative Code or the New Jersey Department of Environmental
Protection rules and regulations.
Acids and alkalies beyond the pH range of 4
to 10.
Heavy metal sludges, mixtures and solutions
in excess of standards.
Petroleum products, including fuels and waste
oils.
Organic solvents, including petroleum solvents
halogenated and nonhalogenated hydrocarbons.
Any material listed in the State of New Jersey
regulations, in excess of the concentration standards thereof, unless
otherwise provided elsewhere in this article.
Any solid or semisolid material which, if left
to stand or if exposed to water, will leach out or wholly or partially
dissolve, forming a toxic or hazardous material.
Any vehicle or structure so designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons or the conduct of any business or profession, occupation
or trade or which is designed for transportation and/or storage of
goods, equipment and/or materials, and so designed that it is or may
be mounted on wheels and used as a conveyance on highways or streets,
propelled or drawn by other motive power. This is specifically intended
to include storage containers.
No trailers shall be allowed to exist at any
location within the Township of Lower except as set forth herein.
The following trailers are exempt from the requirements
of this article:
A.
Trailers located inside mobile home parks or trailer
camps conducted, maintained and licensed in full and complete compliance
with the Code of the Township of Lower and used for residential purposes.
B.
Trailers which are in the process of being loaded
or unloaded and which are registered with the New Jersey Division
of Motor Vehicles or the equivalent agency of any other state and
which are capable of traveling over a road or highway.
C.
Recreational vehicles.
D.
Trailers offered for sale or rent or awaiting servicing
which are located on premises owned or leased by a person in the business
of trailer sales, rental or servicing.
A trailer shall be permitted to be used temporarily
in the following circumstances:
A.
A trailer utilized for storage may be allowed upon
a site wherein there is active construction of a nonresidential building,
provided that prior Planning Board approval has been obtained and
that such trailer shall be used only in connection with such construction
and shall not remain upon the premises for longer than two weeks past
the completion of said construction. In no event will any trailer
used in connection with nonresidential development remain on said
premises for more than two years from the date of initial construction.
B.
A trailer utilized for storage shall be permitted
to be used for a period of no longer than 30 days in connection with
a commercial sale being undertaken by a commercial enterprise, provided
that such trailer is located upon the premises of such commercial
enterprise operating the sale. This provision, however, shall not
be used by a single commercial enterprise more frequently than two
times per calendar year, but not more than once in any ninety-day
period with a maximum of one trailer per premises.
C.
A trailer utilized for storage may be allowed upon
a site wherein there is active construction of a residential development,
provided that prior Township Planning Board approval has been obtained
and that such trailer shall be used only in connection with such building
and shall not remain upon the premises for longer than two weeks past
the completion of the last residential unit. In no event will any
trailer used in connection with a residential development remain on
said premises for more than two years from the date of construction
of the first residential unit.
D.
A trailer or trailers may be allowed upon a premises as a sale and/or construction office when said trailer is part of the equipment of any person, persons, corporation or partnership that is in the business of constructing residential and nonresidential buildings, provided that the use of the trailer meets the requirements of the Chapter 400, Land Development, and the construction codes of the Township of Lower and that said trailer is not used for storing materials, and that prior Township Planning Board approval has been obtained.
E.
A trailer may be allowed upon a business site wherein
there is an emergency, defined as the loss or destruction of a building
which would require the use of a trailer on the site for purposes
of storage of goods, equipment, materials and/or sales. In an emergency
wherein use of a trailer is requested, the Township Planning Board,
upon application, shall determine whether approval is granted to use
the trailer. This approval will be granted for a period of 90 days
and is renewable at the discretion of the Township Planning Board
for additional ninety-day periods.
F.
A trailer may be allowed upon the premises of a one-
or two-family residential dwelling for temporary residential occupancy
in the event of a total or partial destruction of the residential
dwelling. Under the aforementioned circumstances, the Township Code
Enforcement Officer and the Township Bureau of Fire Safety, upon application
by the affected resident, shall determine whether approval is granted
to use the trailer. This approval will be granted for a period of
90 days and is renewable at the discretion of the Township Code Enforcement
Officer and Township Bureau of Fire Safety for additional ninety-day
periods.
G.
Steel shipping containers.
[Added 10-3-2005 by Ord. No. 2005-18]
(1)
Steel shipping containers used for the purpose of storage shall be included in the definition of “trailer” set forth in § 617-12. The use of steel shipping containers is permitted for mercantile and industrial uses as defined in the Building Code of New Jersey within the GB-1 District, GB-II District, GB District, I District, MGB District, MD District, MD-1 District and MD-2 District; provided, however, that the following conditions are satisfied:
(a)
A list of the types of goods and materials to
be stored shall be provided to the Bureau of Fire Safety; a new list
shall be provided to the Bureau of Fire Safety prior to a change in
the type of goods or materials stored.
(b)
The steel shipping container does not exceed
50 feet in length or 500 square feet per container.
(c)
The steel shipping container shall be placed
in the least conspicuous location available to minimize disturbance
to any adjoining residential properties; the final location shall
be determined by the Fire Safety Official, Planning Director and Construction
Official at their sole and absolute discretion.
(d)
Steel shipping containers shall not be located
in a required parking space, within 15 feet of any building or adjoining
property line or within the area of a front yard in accordance with
all applicable zoning, building and fire safety ordinances and regulations.
A.
Applications for the permitted use of a trailer may
be obtained from the Township Code Enforcement Officer, and the application
shall be submitted when completed by the party requesting use of a
trailer on that form provided by the Township Code Enforcement Officer
to the Township Code Enforcement Officer with a sketch showing the
location of the trailer on the site and detailing the distance of
trailers from other buildings, fire hydrants, Fire Department connections
and/or utilities and side and rear yard setbacks. In the instance
of construction trailers, the office of the Township Engineer shall
approve the location of the trailer. Separate applications shall be
submitted for each trailer requested to be used by the applicant.
The Township Bureau of Fire Safety will approve or reject the request
for a trailer within 48 hours of submission of a complete application
and location sketch. If the application is approved by the Bureau
of Fire Safety, the permit will be issued allowing for use of the
trailer.
B.
The fee for the application shall be $5 per trailer,
payable to the Township of Lower, and the fee for the permit shall
be $25 per trailer, payable to the Township Bureau of Fire Safety.
C.
The permit fee for use of a steel shipping container
shall be $100 per container, payable to the Township Bureau of Fire
Safety. The permit shall be valid for a period of one year. The fee
for the application shall be $5 per container, payable to the Township
of Lower.
[Added 10-3-2005 by Ord. No. 18]
No trailer located within the Township shall
contain toxic or hazardous materials as defined hereinabove.
All trailers shall be inspected by the Township
Bureau of Fire Safety on an intermittent basis to insure compliance.
A.
Any trailer located within the Township of Lower without
approval pursuant to this article shall be subject to the penalties
as set forth below.
B.
The Township Bureau of Fire Safety, the Code Enforcement
Officer and the Township Police Department shall have jurisdiction
to enforce the provisions of this article, and the Bureau of Fire
Safety shall undertake all trailer inspections.
C.
The use of any trailers shall comply with the provisions
of this article within one year from the adoption of same.
Any person, persons, corporation or partnership
which violates any provisions of this article shall be subject to
a fine of not less than $500 nor more than $1,000 or imprisonment
for a term of 90 days, or both, for each violation.
