[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:
CONSTRUCTION TRAILER
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.
TOXIC OR HAZARDOUS MATERIALS
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:
A. 
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.
B. 
Acids and alkalies beyond the pH range of 4 to 10.
C. 
Heavy metal sludges, mixtures and solutions in excess of standards.
D. 
Petroleum products, including fuels and waste oils.
E. 
Organic solvents, including petroleum solvents halogenated and nonhalogenated hydrocarbons.
F. 
Any material listed in the State of New Jersey regulations, in excess of the concentration standards thereof, unless otherwise provided elsewhere in this article.
G. 
Any substance not included within Subsections A through F above subsequently declared to be a toxic or hazardous material by the State of New Jersey.
H. 
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.
TRAILER
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.
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.
(e) 
All other provisions and requirements of Chapter 617, Article II, are satisfied.
(2) 
The use of steel shipping containers in connection with the construction or occupancy of a residential dwelling is strictly prohibited.
[Added 8-20-2018 by Ord. No. 2018-14[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection G(2) as Subsection G(3).
(3) 
In addition to the penalties set forth in § 617-20, a violation of any provision of this subsection thereunder by any person, persons, corporation or partnership shall result in revocation of the permit in accordance with § 432-17.
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]
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.