[HISTORY: Adopted by the Bloomfield Council 9-19-2005 by Ord. No.
05-29. Amendments noted where applicable.]
No person, as herein defined, shall place or
permit to be placed in any public or residential area, as herein defined,
in the Township of Bloomfield a construction dumpster or similar container
commonly used for the collection of building materials, except in
compliance with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A container or debris-transfer body commonly used for the
placing or collection of debris and building materials during construction
or renovation.
The Community Development Department of the Township of Bloomfield.
The Community Development Department of the Township of Bloomfield.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, human-made channels, or storm drains) that is owned or operated
by the Township of Bloomfield or other public body, and is designed
and used for collecting and conveying stormwater.
[Added 9-20-2010 by Ord. No. 10-34]
Includes any person, firm, partnership, association, corporation,
company, organization or entity of any type.
Includes any street, sidewalk, highway, public lane, alley,
Township parking lot or other public place in the Township.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
[Added 9-20-2010 by Ord. No. 10-34]
Any residential zone, as defined in Chapter 315, Land Development and Zoning, of the Township Code of the Township of Bloomfield.
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.
[Added 9-20-2010 by Ord. No. 10-34]
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.
[Added 9-20-2010 by Ord. No. 10-34]
No person shall offer or provide a dumpster
for use or hire within the Township of Bloomfield without having first
registered with the Community Development Department.
A.Â
Any person desiring to register under this chapter
shall file with the Community Development Department an application
on a form furnished by the Township Clerk.
B.Â
The annual registration fee under this chapter shall
be $300 and shall be paid to the Community Development Department.
C.Â
Each registration period or renewal thereof shall
expire one year from the registration or renewal date.
No person shall place or utilize a dumpster
or permit a dumpster to be placed or utilized in the Township of Bloomfield
without first having obtained a permit therefor.
A.Â
Any person seeking to place, permit to be placed or
utilize a dumpster in a public area in the Township of Bloomfield
shall do so only after having obtained a permit from the Community
Development Department. In order to obtain a permit, an application
for a permit on a form to be furnished by the Community Development
Department shall be filed and the appropriate fee shall be paid.
B.Â
The application shall require that the applicant specify
the exact proposed location of the dumpster, the size and capacity
thereof, the length of time that said use is required and the contemplated
use of the dumpster.
C.Â
The fee for obtaining a permit to place a dumpster
in a public area shall be $300 per dumpster. The permit shall be issued
for a term not to exceed 30 days and may be renewed once upon the
written request of the applicant without the filing of a new application
but upon payment of an additional fee in the amount of $100. In addition
to the application fee and the renewal fee, if applicable, the daily
fee, determined by the size of the dumpster, shall be $10 per yard
payable at the time of application based on the applicant's estimate
of the number of days for which the permit shall be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.Â
No dumpster in excess of 30 yards shall be permitted
in the public areas of the Township of Bloomfield. The permit shall
be issued for a specific period of time based on the estimate of the
applicant at the time the application is filed.
E.Â
At the time the application is filed, each applicant
shall furnish the Township of Bloomfield with a certificate of insurance
containing limits of at least $100,000/$300,000 for bodily injury
and $100,000 for property damage, which shall name the Township of
Bloomfield as an additional insured and which shall be noncancelable
during the permit period.
F.Â
Each applicant for a permit to place a dumpster in
a public area shall furnish the Township of Bloomfield with sufficient
surety, to be determined by the Township Engineer, to guaranty against
damage to the streets, curbs and sidewalks or other improvements in
the public right-of-way.
G.Â
No dumpster shall be placed in a public area more
than 24 hours prior to commencement of construction and shall not
remain therein more than 24 hours subsequent to construction being
completed.
H.Â
No permit shall be issued if the Community Development
Department determines that the issuance of a permit will constitute
a danger to public safety or an unwarranted interference with the
efficient movement of traffic.
I.Â
A permit may be revoked at any time during its term
if the placement or use of a dumpster constitutes a hazard to the
health, safety or welfare of the citizens of the Township or for any
other reason constitutes a nuisance.
J.Â
The Township Administrator may exempt from all but
the safety requirement of this chapter any persons contracting with
the Township.
A.Â
No dumpster shall be placed in a public area in a
residential zone unless it is determined by the Community Development
Department that there is not sufficient room on the private property
of the person utilizing the dumpster to place the dumpster, and therefore,
the dumpster is required to be placed in a public area. No dumpster
placed on private property, otherwise unregulated by this chapter,
shall impede the flow of pedestrian or vehicular traffic or safety
site lines.
B.Â
Dumpsters may be placed in public areas only upon
the determination by the Community Development Department that there
is no safe or practical place where the dumpster may be placed other
than in the public area.
C.Â
All dumpsters placed in public areas are required
to comply with the following conditions:
(1)Â
Planking or other wood sheeting of sufficient size
is required to be placed under the wheels or road contact areas to
protect the roadway from damage. If the dumpster has wheels, they
must be chucked to prevent movement.
(2)Â
To warn the operators of vehicles of the presence
of a traffic hazard requiring the exercise of unusual care, any roll-off
dumpster or roll-off container parked on or along any roadway shall
be equipped with and display markers consisting of all yellow reflective
diamond-shaped panels having a minimum size of 18 inches by 18 inches.
These panels shall be mounted at the edge of the dumpster or container
at both ends nearest the path of passing vehicles and facing the direction
of oncoming traffic. These markers shall have a minimum mounting height
of three feet from the bottom of the panels to the surface of the
roadway.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)Â
No dumpster shall be permitted in a public area the
placement of which interferes with the free and safe flow of traffic
or which otherwise stands in a hazardous location.
(4)Â
Dumpsters shall not be permitted to be placed in a
public area on certain designated holidays, sale days and special
event days that occur from time to time during the year.
D.Â
Upon removal of the dumpster, the public area shall
be swept clean of all loose debris and restored to its former condition
in accord with the standards of the Township Engineering Department.
E.Â
All dumpsters shall at all times be kept in good repair
and shall be structurally sound and leakproof and shall be painted
as to prevent the show of rust or deterioration and shall be constructed
to stand firmly upright.
F.Â
Prohibited
conduct.
[Added 9-20-2010 by Ord. No. 10-34]
(1)Â
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.
(2)Â
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, semiliquids or solids to the municipal separate
storm sewer system(s) operated by the Township of Bloomfield.
G.Â
Exceptions
to prohibition.
[Added 9-20-2010 by Ord. No. 10-34]
(1)Â
Permitted
temporary demolition containers.
(2)Â
Litter
receptacles (other than dumpsters or other bulk containers).
(3)Â
Individual
homeowner trash and recycling containers.
(4)Â
Refuse
containers at facilities authorized to discharge stormwater under
a valid NJPDES permit.
(5)Â
Large
bulky items (e.g., furniture, bound carpet and padding, white goods)
placed curbside for pickup.
(6)Â
Municipally
owned, leased and operated dumpsters designated by the Township Engineer
to meet the criteria for a temporary dumpster.
Each day that a dumpster is placed or utilized
in violation of the terms of this chapter shall constitute a separate
offense. Each offense hereunder shall be punishable by a minimum fine
of $50.
