The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specification for street construction is part of the general police power, N.J.S.A. 40:48-2. The incidental power to perform work where the land owner has refused to do so and to recover the costs thereof is contained in N.J.S.A. 40:67-9.
14-1.1. 
Authority of Mayor. Pursuant to the provisions of N.J.S.A. 40:67-16.7 and 40:67-16.9, the Mayor is hereby authorized to provide by resolution for the closing of any street, or portion thereof, to motor vehicle traffic on any day or days, or during specified hours on any day or days, whenever (s)he finds that such closing is necessary for the preservation of the public safety, health or welfare.
14-1.2. 
Posting of Notice. Any such resolution promulgated hereunder shall require the posting of proper warning signs in such street indicating the times of such closing and providing the penalty for violating the same.
14-1.3. 
Approval of Commissioner of Transportation. Any resolution adopted by the Mayor pursuant to the provisions of N.J.S.A. 40:67-16.9 shall require the prior approval of the Commissioner of Transportation, pursuant to N.J.S.A. 40:67-16.10.
14-2.1. 
Definitions. As used in this section the following words or phrases shall have the meanings indicated here:
OPENING
Removing, digging in, disturbing, excavating or taking up any surface, pavement or road in any road or street as defined the this section.
PAVEMENT
The regularly traveled portion of any street or roadway for which the Borough is responsible, being constructed by bituminous concrete, Portland cement concrete, macadam or other materials.
PERMITTEE
A person holding a permit to do the work which is regulated by this chapter.
PUBLIC UTILITY
Any public utility as defined in N.J.S.A. 48:2.13, as amended.
ROAD
See Street.
SHOULDER
That area within the street right-of-way, adjacent to the existing pavement as described herein and available for use by vehicular traffic.
STREET
Any road, highway, public way, public alley, easement or other right of way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction by agreement.
14-2.2. 
Permit Required.
a. 
No person shall make any excavation, tear up or place or conduct construction in, over or upon any road or street in the Borough or otherwise endanger, disturb or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not designated normally to be operated, placed or used on a road or street without first obtaining a written permit approved by the Borough Engineer, which shall be issued by the Construction Official upon payment of such fees as set forth in Subsection 4-8.1 and complying with all the terms and conditions of this section and a copy sent to the Superintendent of Public Works.
b. 
Before a permit is issued, application must be made therefor upon forms provided by the Borough, which are available at the office of the Borough Construction Official.
c. 
All street openings, excavations and restorations thereof shall be made under the supervision and control of the Borough Engineer and/or the Carlstadt Construction Official and/or their respective designees, and shall be subject to their inspection. Permittee is required to notify the Construction Official prior to backfilling or restoration of any street opening and request an on-site inspection by the Construction Official during that backfill process.
14-2.3. 
Application for Permits. Every permit shall contain the following information:
a. 
The name and residence of the applicant.
b. 
The place and places at which the work is to be done.
c. 
The character of the work.
d. 
The Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made.
e. 
The time within which such work is to be completed.
f. 
Any other such information as required by the Borough Engineer, Superintendent of Public Works or the Construction Official.
A permit issued shall be valid only for the place, time period and character of work specified in such permit.
14-2.4. 
Restrictions and Exception.
a. 
No street or road which has been paved with macadam or bituminous concrete surface shall be excavated or otherwise opened for a period of five years from the date of completion thereof except upon prior approval granted by the Mayor and Council or in cases of emergency as described in Subsection 4-2.18. If the Borough grants approval, roadway paving shall be curb to curb unless determined otherwise by the Borough.
[Amended 4-21-2021 by Ord. No. 21-5]
b. 
No permit shall be granted in the event that there are currently outstanding two permits for construction in an area within a one block radius of the permit application site. The permit shall not be granted until such time as work pursuant to one or more of the outstanding permits has been satisfactorily completed in accordance with the terms of this section.
c. 
No work permit will be issued for work that requires blasting.
14-2.5. 
Notice of Start of Construction. Ninety days prior to the start of construction of permanent pavement on any street, the Borough Engineer, or his/her designee, shall notify, in writing, all property owners of record on such street, all utility companies serving such street, the Police Chief, the Fire Chief and the Superintendent of Public Works of such construction and of the provisions of this subsection. Sidewalks shall be exempt from the provision of this subsection.
14-2.6. 
Supervision and Inspection. All street openings, excavations and restorations thereof shall be made under the supervision and control of the Borough Engineer and/or the Superintendent of Public Works and shall be subject to his/her inspection.
14-2.7. 
Denial of Permit; Appeal. The Borough Engineer is authorized to refuse the issuance of any such permit, if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit shall be refused by the Borough Engineer, an appeal may be taken to the Mayor and Council. The Mayor and Council, after hearing the applicant and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Borough Engineer.
14-2.8. 
Power to Make Additional Rules and Regulations. The Superintendent of Public Works or the Borough Engineer, subject to the approval of the Mayor and Council, may make any rules and regulations which (s)he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirements which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Borough Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
14-2.9. 
Insurance Prerequisite. Prior to the issuance of any permit for excavation below pavement grade, the applicant shall file a certificate of insurance with the Construction Official and file a copy of same with the Superintendent of Public Works certifying that there is in full force and effect liability and property damage insurance for the protection of the applicant, the Borough or its agents and employees connected therewith from any and all claims for personal injury, including accidental death, and for property damage in minimum amounts of $500,000 to $1,000,000 for bodily injury and $100,000 for property damage.
14-2.10. 
Deposit or Bond. No person shall be granted a permit to open any street or perform any work as described in this section on or in a street or road until and unless there shall be deposited with the Construction Official, by certified check, an amount sufficient to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area as may be determined by the Superintendent of Public Works. Such sum shall be forwarded to the Borough Treasurer and the minimum amount deemed sufficient for such purposes shall be $1,000, and such deposit shall be held for a period of 90 days as set forth in Subsection 14-2.11. Any person may file a performance surety bond in the amount stated herein to secure the cost of repairing and replacing such street or other surfaces or appurtenances within the street area in the manner as herein provided. Each bond filed pursuant to this section shall be in a form satisfactory to the Borough Attorney.
14-2.11. 
Release of Deposit or Bond. No such security deposit, certified check or performance surety bond shall be released by the Construction Official until all repairing and replacing of streets or other surfaces or appurtenance within the street are completed full to the satisfaction of the Construction Official and Borough Engineer, or their respective designees, all fees have been paid as provided by this chapter and compliance with all other provisions of this chapter. In no event shall any such security deposit, certified check or performance surety bond be released without obtaining written approval thereof by the Borough Engineer, However, no such approval of the Borough Engineer shall be given for a period of three months from the completion of the work.
14-2.12. 
Permit and Inspection Fees. In addition to the deposit or bond as provided in Subsection 14-2.10 above, each applicant for a permit shall pay the fees set forth in Subsection 4-8.1 for the purpose of issuance of the permit, examination of the drawings, supervision and inspection of the work.
14-2.13. 
Rides and Regulations: Backfill. Unless otherwise directed by the Borough Engineer, the following specifications shall govern the backfill in excavated trenches:
a. 
All road, shoulder and driveway openings shall be backfilled with a dense grade aggregate in conformance with NJDOT specification section 901 and shall be tamped in six inch lifts with a mechanical tamper.
b. 
All other openings within the public right-of-way shall be backfilled with suitable excavated material or bank run gravel and shall be tamped in six-inch lifts with a mechanical tamper with no stones greater than two inches.
c. 
Bank run sand may be used in lieu of dense graded aggregate for backfill in gas main excavations in accordance with the utility company requirements.
d. 
All materials not suitable for backfill and all excess backfill material shall be removed from the site.
e. 
Copies of all delivery receipts will be turned over to the Borough Engineer.
14-2.14. 
Maintenance and Repair of Openings. Unless otherwise directed by the Borough Engineer, the Superintendent of Public Works or the Construction Official, upon completion of the opening and backfill as specified in Subsection 14-2.13, the following specifications shall govern the maintenance and repair of street openings by the permittee:
a. 
Shoulder openings shall be backfilled with stone or gravel to within 12 inches of the existing shoulder surface. The reminder of the trench shall be filled with road stone and tamped and/or rolled with a roller having a minimum weight of eight tons. The trench shall be maintained to the existing shoulder grade by the addition of additional stone as required.
b. 
Temporary pavement openings shall be backfilled as above with bank run gravel to within two inches of the existing pavement surfaces; the remainder thereof shall be filled with bituminous concrete compacted in place by rolling.
1. 
It shall be the responsibility of the permittee to maintain such pavement openings to the existing grade by the addition of bituminous concrete as required by this section. Should the permittee fail to maintain such pavement openings as required by this section, in the opinion of the Borough Engineer, (s)he shall notify the Superintendent of Public Works or Construction Official of such failure and the Superintendent of Public Works or Construction Official, upon 24 hours' notice, whether oral or written, to the permittee, shall order such conformity with this section or such repair or any such work deemed necessary and proper by the Borough Engineer, the superintendent of Public Works and/or Construction Official, whereupon the Department of Public Works shall commence such work and the cost thereof shall be deducted from deposits received under Subsection 14-2.10.
2. 
When, in the opinion of the Borough Engineer, the Superintendent of Public Works or the Construction Official, settlement in the pavement opening has ceased, the bituminous concrete surface course and base course shall be removed to the required depth and the edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool, and a permanent pavement shall be installed in the following manner. The edges of the existing pavement shall be painted with asphaltic oil and hot mixed bituminous concrete pavement shall be installed consisting of six inches of bituminous stabilized base I-2 Mix and two inches of bituminous concrete surface I-5 Mix, both materials, as to manufacture shall comply with the specifications of the NJDOT.
3. 
For openings in reinforced concrete pavement when the settlement in the temporary pavement has ceased, the temporary pavement shall be removed to the required depth and permanent pavement shall be installed. The edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool to expose the existing reinforcement steel. New steel of the same size as the existing steel shall be wired to the existing steel with a six inch overlap. New concrete, 3,000 psi, nine inches thick shall be installed to complete the permanent repair.
4. 
Driveway openings shall be replaced in kind and the appropriate specifications for the shoulder openings or pavement opening shall govern replacement of same.
5. 
Adequate provision shall be made to maintain and restore drainage facilities.
14-2.15. 
Traffic and Public Safety.
a. 
Every person making an excavation shall be required to place and maintain suitable warning devices, precaution notices, barriers and lighting devices pursuant to the requirements of Title 39 of the Revised Statutes of the State of New Jersey, and amendments thereto, and such additional safety warning devices as deemed suitable by, and in the opinion of the Borough Engineer, Superintendent of Public Works or Construction Official.
In addition to any other provision of this section or any state regulation or law or any other provision of these Revised General Ordinances, any person performing excavation work or roadway construction within 2,000 feet of any public or private school located in the Borough shall have an adequate number of traffic directors or flagmen as determined by the police department to provide for the safety of all pedestrians, including school children, and for the expeditious movement of traffic; and, the public school affected through the board of education or the private school within such 2,000 feet, as the case may be, shall be notified of such work seven days in advance of such work by the police department and the person(s) performing such work.
b. 
All work shall be conducted in such manner as to minimize the obstruction of traffic and inconvenience to the public occupants of adjoining property. Where less than two complete traffic lanes are maintained, flagmen shall be employed. Where an excavation extends the full width of a street, only 1/2 of such street shall be open and backfilled prior to opening the remaining 1/2.
c. 
When work is being conducted on roadways with only one travel lane, the contractor shall notify the police department 48 hours in advance of the work commencing in order to establish an emergency no parking area, if necessary.
d. 
All persons making excavations in the street shall inquire of the chief of police to determine if flagmen or detours of traffic are needed to be scheduled in order to minimize disturbances of the normal traffic flow.
e. 
No excavation shall be made after 6:00 p.m. or on Sundays, except in an emergency.
14-2.16. 
Time of Performance. Any street opening must be backfilled within a period of 48 hours after commencement of excavation; temporary repaving shall be completed promptly as trenches are backfilled. Any street opening required longer than a period of 48 hours shall be covered with one inch thick steel road plates. Permanent pavement replacement shall be completed within a period of six months from the date of installation of temporary pavement unless the Borough Engineer shall designate a shorter period of time. During the winter season, as determined by the Borough Engineer, the permanent pavement replacement will be deferred until weather permits.
14-2.17. 
Public Utilities.
a. 
Bond in Lieu of Security Deposit. Any public utility subject to regulations by the Board of Public Utility Commissioners of this state, in lieu of security deposits required in subsection 14-2.10, may execute a bond in the penal sum of $10,000 to the Borough and file same with the Superintendent of Public Works or Construction Official. Such bond shall be conditioned upon compliance with the applicable provisions of this section. In lieu of filing a certificate of insurance, as provided in subsection 14-2.9, a public utility may file with the Superintendent of Public Works or Construction Official evidence certifying that it is qualified as a self-insurer pursuant to the appropriate statutes of this state. The provisions of this section shall not apply to the installation of public utility poles and anchors.
b. 
Maintenance Guarantee Bond. Each public utility in lieu of complying with paragraph a, above, may file each year with the Superintendent of Public Works or Construction Official a maintenance guarantee bond in the penal sum of $25,000, conditioned upon compliance with the applicable provisions of this section.
c. 
Fees. In addition to compliance with paragraphs a. and b. above, public utility companies shall be charged an additional fee per permit, as set forth in subsection 4-8.1, for inspections by the Borough Engineer. Reinspections necessitated by quality deficiencies shall be charged at the rate set forth in subsection 4-8.1, per inspection.
Public utilities may opt to deposit the minimum sum of $2,000 annually with the Borough from which inspection fees shall be drawn upon the filing of each permit, until such sum is exhausted. Alternatively, or in the event any deposited funds become exhausted prior to year end, payment of inspection fees shall be required upon the filing of the application for each permit.
d. 
Form of Bond Each bond filed pursuant to this section shall be in a form satisfactory to the Borough Attorney and shall remain in effect for a period of one year after the last restoration work under any permit which has been completed and accepted by the Borough.
e. 
Application Form. All utilities must complete an application for permit as required by subsection 14-2.2, except as provided by subsection 14-2.18, below.
14-2.18. 
Emergencies. Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would appear reasonably to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in subsection 14-2.15. Immediate written notice thereof shall be forward to the Superintendent of Public Works, Construction Official, Chief of Police and Borough Clerk. Applications for a permit shall thereafter be made within a period of 72 hours and there shall be compliance with all other provisions of this section.
14-2.19. 
Indemnification: Borough's Right to Perform.
a. 
Indemnification. Every permittee, as a condition of accepting any permit issued hereunder, shall save and hold harmless the Borough and indemnify such Borough, its officials, agents, servants and employees for and against any and all loss, damage, claim expense or demand whatsoever arising out of any matter or resulting from the opening of any street and the issuance of a permit therefor as provided in this section.
b. 
Notice of Failure to Make Progress. If the permittee, in installing the permanent pavement, shall fail to make progress satisfactory to the Borough Engineer, the Borough may give written notice of such failure to the permittee. If, within 20 days after the receipt of such notice, the permittee shall fail to make progress at a rate satisfactory to the Borough Engineer, the Borough shall have the right to complete the installation of such pavement, in which event the permittee shall be charged for the cost thereof at rates the Borough is billed by the contractor who performs the work, or at the rate it costs the Borough to perform such work itself, which charges shall be billed after the receipt of the bill therefor.
14-2.20. 
Other State, Borough Utility Permits.
a. 
Other Permits Required. This section only regulates street and road opening as defined herein, it is not suggested or implied that permittees are exempt from obtaining other permits for work involved in the street or road opening, including, but not limited to, other Borough permits, water company hook-up fee permits and other utility permits.
b. 
Other Regulations to be Followed. This section only regulates the surface of the streets and roads and it shall not be interpreted to extend to any other Borough regulation.
14-2.21. 
Enforcement Officials. The provision of this section shall be enforced by the Superintendent of Public Works, Borough Engineer and/or the Construction Official, or their designees.
14-2.22. 
Violations and Penalties. Any person violating or failing to comply with any of the provisions of this section, upon conviction thereof, shall be punishable by a fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both. The continuations of such violation for each successive day shall constitute a separate offense, and the person(s) allowing or permitting the continuation of the violation may be punished for each separate offense.
14-2.23. 
Applicability. All provisions of this section, except subsections 14-2.10 through 14-2.12, shall apply to state, county or municipal authorities in addition to all persons described herein. Contractors performing work in Borough streets under construction contracts with such state, county or municipal authorities and such contracts shall contain provisions and specification to insure compliance with the provisions of this section.
14-3.1. 
Permit Required. It shall be unlawful for any person to construct or remove or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Borough without first having obtained a permit to do so from the Borough Clerk.
14-3.2. 
Application Information. Applications for a permit under this section shall be made to the Borough Clerk by the owner of the premises or his/her agent upon forms provided by the Borough and shall contain the following information;
a. 
The name and address of the applicant.
b. 
The name and address of the person who is to perform the proposed work, and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
c. 
The location by street number or otherwise of the premises where the work is to be done.
d. 
The estimated cost of the proposed work.
e. 
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and in the case of a driveway apron, its slope or pitch.
f. 
Any other information that the Borough Clerk or Engineer deems necessary in order to determine whether the work will comply with this section.
14-3.3. 
Fees. A fee, as set forth in subsection 4-8.1 of this revision, shall be charged for each permit. In addition thereto, the applicant shall pay the cost of all tests which the Engineer deems necessary. The fee shall be paid at the time the application is filed and the cost of all proposed tests shall be paid prior to the issuance of any permit.
14-3.4. 
Specifications.
a. 
All materials and work shall be in accordance with Borough specifications on file in the office of the Engineer.
b. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with Borough specifications.
c. 
No concrete sidewalk shall be replaced or covered with blacktop.
d. 
Whenever a "curb cut" or driveway depression is required, the entire section of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
14-3.5. 
Notice Required. The applicant shall notify the Engineer, at least 24 hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that (s)he may arrange for adequate inspection and testing.
14-3.6. 
Exception. This section shall not apply to:
a. 
The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guarantees required by the planning board.
b. 
The repair or replacement of less than eight lineal feet of an existing sidewalk.
14-4.1. 
Numbering System Established, Map Adopted. All lots of land, including the buildings erected thereon, on any public street, avenue or highway within the corporate limits of the Borough shall be numbered in accordance with the system of numbering as provided in and laid out on the map entitled "Map of Borough of Carlstadt, Bergen County, New Jersey, showing a system of house numbering, May 1909, Wise & Watson, Engineers, Passaic, New Jersey" which map is on file in the office of the Borough Clerk.
14-4.2. 
Property Owner to Display Numbers. It shall be the duty of every property owner to display in such manner so that they may be plainly visible to the public on the front portion of each and every building owned by him/her, located on any public street, avenue or highway within the Borough, the number assigned to such premises by the terms of this section and it shall be the duty of such property owner to continue at all times to display such numbers.
14-4.3. 
Building Occupying More Than One Lot. In the event that any building shall be located or situated on more than one lot of land as laid down on the map made part hereof, then the owner of such property may use all of the numbers assigned hereby to the premises or, at his/her option, may use the highest number assigned thereto.
14-5.1. 
Findings. The mayor and council has determined that safety hazards exist with respect to the placement of portable disposal containers, commonly known as "dumpsters" in the public road and right-of-way, and that regulation of the aforementioned units is reasonably required to insure safe travel along the roads and rights-of-way of the Borough.
14-5.2. 
Definitions.
APPLICANT
Any person who applies for a permit for the placement of a dumpster.
DUMPSTER
Any disposal container which is used to carry rubble, rubbish, garbage, building material or any other matter, whether such container is portable, semi-portable or permanently located.
SAFETY DEVICES
Lights and/or reflectors mounted on or at the dumpster, which shall be capable of warning vehicular traffic or pedestrians for a distance of 200 feet and shall be visible in both day and nighttime hours.
14-5.3. 
Permit Required. No person shall place any dumpster within the road or public right-of-way without having obtained a permit from the Borough for same.
14-5.4. 
Prohibited Placement. No permit shall issue for the placement of any dumpster in any road or public right-of-way which would prohibit vehicular traffic or pedestrian travel along such road or right-of-way, or which takes up more than one-third of the width of the street, as measured between curbs. In no event shall any dumpster be wider than nine feet.
14-5.5. 
Applications. Application for a permit shall be made to the Department of Public Works on forms furnished by them and shall include the following information:
a. 
The name, address and twenty-four-hour telephone number of the person responsible for the placement and safety of the dumpster.
b. 
The location of the dumpster, measured within the approximate foot, to the nearest intersecting street, road or right-of-way.
c. 
The length, width, height and exterior color of the dumpster.
d. 
An estimation of the length of time, in days, for placement of the dumpster at a particular location.
e. 
The name, address and telephone number of the person for whose benefit the dumpster is placed.
f. 
A description of the size and location of proposed safety devices.
14-5.6. 
Approval.
a. 
Upon completion of the application and payment of the fee, the Department of Public Works shall sign a copy of the application and the applicant shall present such application to the Police Department and Construction Code Official for counter signature and approval.
b. 
A permit for the placement of a dumpster shall issue upon approval of the Department of Public Works, Police Department and Construction Code Official.
14-5.7. 
Time Limits. No dumpster may be at any one location for more than seven days, except with the approval of the Department of Public Works and the payment of an additional fee.
14-5.8. 
Fees. The Borough Clerk shall charge an application fee as set forth in subsection 4-3.1 of this revision. No part of the fee shall be refundable. If additional time for the use and placement is required then an additional fee as set forth in subsection 4-3.1 of this revision shall be charged.
14-5.9. 
Removal of Unregistered Dumpsters; Costs Assessed. The placement of a dumpster in a public road or right-of-way without the benefit of a permit shall result in the right of the Borough to remove such dumpster. The cost of removing such dumpster shall be assessed against the applicant and/or the person benefitted from the placement of the dumpster.
14-5A.1. 
Purpose. This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Carlstadt and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
14-5A.2. 
Definitions. For purposes of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Carlstadt or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
14-5A.3. 
Prohibited Conduct.
a. 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
b. 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Carlstadt.
14-5A.4. 
Exceptions to Prohibition.
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
14-5A.5. 
Enforcement. This section shall be enforced by the Carlstadt Department of Public Works, its Superintendent or his employees or designees and the Carlstadt Construction Department, its Construction Code Officer or his employees or designees and any Code Enforcement Officer employed by the Borough of Carlstadt.
14-5A.6. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000 (depending on the severity of the violations) for each day the violation remains unremedied after receipt of notice of violation.
14-6.1. 
Definitions.
APPLICANT
The person who owns, rents, occupies, or controls the property and applies for the permit for a portable storage unit or PODS®.
CONSTRUCTION DEPARTMENT
The Borough of Carlstadt Construction Office.
PORTABLE STORAGE UNITS
Any transportable container designed for the storage of personal property or building materials on a temporary or limited basis which is typically rented to owners or occupants of residential property and which is delivered and removed by truck. Also commonly known as "PODS®."
SUPPLIER
The company or vendor, which vendor supplies the portable storage unit or PODS® to the residential property.
14-6.2. 
Permit Required. No person shall place any portable storage unit or PODS® unit on his or her property without having obtained a permit from the Borough for same.
14-6.3. 
Application; Insurance. Application for a permit shall be made to the Construction Department on forms furnished by it and shall include the following information:
a. 
The name, address and twenty-four-hour telephone number of the applicant.
b. 
The address and location where the unit will be placed.
c. 
Date of delivery.
d. 
Proposed use.
e. 
The name, address and twenty-four-hour telephone number of the supplier.
f. 
An insurance certificate providing liability insurance in the amount of $100,000 provided by the Supplier of the portable storage unit or PODS® must accompany the application.
14-6.4. 
Fees.
a. 
The Borough Clerk shall charge an application fee as set forth in § 4-3 of this revision. No part of the fee shall be refundable.
b. 
If additional time for the use and placement is required and approved by the Mayor and Council after the initial thirty-day period, an additional fee as set forth in § 4-3 shall be charged.
14-6.5. 
Approval; Issuance of Permit. Upon completion of the application and payment of the fee, the Construction Code Official shall sign a copy of the application and the applicant shall present the application to the Control Person in the Construction Office who shall issue the permit.
14-6.6. 
Duration. Permits will be granted for a period of 30 days. At the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 30 days by seeking an extension for cause from the Mayor and Council. Each thirty-day extension of a permit will require payment of an additional fee as set forth in § 4-3 of this revision.
14-6.7. 
Location. Portable storage units or PODS® are prohibited from being placed in streets, public rights-of-way or the front yard of a property. All such units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces. The applicant must obtain preapproval of the location by the Borough's Construction Code Official in the following situations:
a. 
If the property does not have a driveway.
b. 
If the location of the unit in the driveway is in the front yard of the property.
c. 
If the property is a corner lot.
14-6.8. 
Number of Units. Only one portable storage unit or PODS® unit may be placed at any residential property at one time.
14-6.9. 
Violation; Fines and Penalties. Any violation of any of the provisions of this section shall be punishable by a penalty not to exceed that set forth in § 1-7 of this Revised General Ordinances of the Borough of Carlstadt, 2002.