[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-2-2002 by Ord. No. 02-04 (Ch. 13, Part 14, of
the 1992 Code)]
The threat to public safety posed by the abuse of public accommodations
and facilities is substantial, and the seriousness of the harm which
may be visited upon the community and the nation by the abuse of such
accommodations and facilities in connection with the storage and distribution
of explosives and illicit drugs is a unique menace to the public peace,
safety, health and welfare. The Township of Middletown is uniquely
situated between and among the major metropolitan areas of the Northeastern
United States and has easy access to the major routes and hubs of
vehicular, train and air travel. Public storage facilities and public
storage lockers in this Township provide the unique opportunity to
their customers and users to temporarily store in readily accessible
but hidden facilities quantities of materials which may easily be
transported throughout the Northeast corridor; unfortunately, those
facilities are particularly suitable in serving the needs of those
persons engaged in the traffic and use of explosives, narcotics and
other contraband. The intent of this article is to provide a means
of ensuring the public storage facilities and public storage lockers
within this Township are not being used for such far-reaching illicit
purposes, but by the least intrusive means available, for the protection
of not only the residents of this Township but of the nation as well.
As used in this article, the following terms shall have the
meanings indicated:
A structure or facility containing or comprising more than
one separate room or unit for the storage of the personal property
of a person or persons other than the owner of the facility, and which
is operated for a fee for the purpose of providing such person(s)
the ability to store his/her/their property in such room(s) or unit(s)
and the right to lock or otherwise secure the room or unit against
public access.
A unit for the storage of the personal property of a person
other than the owner of the structure or facility at or in which the
unit is located, and which is located in the publicly accessible areas
of the facility or structure for the purpose of providing such person
for a fee the ability to store his or her property in such unit and
to lock or otherwise secure the unit against public access.
This article shall apply to any public storage facility and
public storage locker which presently or at any time after the effective
date of this article is situate and/or operates in the Township. Any
person, firm or corporation that owns or operates a public storage
facility or a structure or facility that contains public storage lockers
in the Township shall provide written notice of the contents of this
article to each customer with whom it hereafter enters into an agreement
or an extension agreement for the use of a storage unit, room or locker
at its structure or facility. Failure of the owner or operator of
the facility to provide written notification as required herein shall
not excuse the compliance of an owner or operator with the other provisions
of this article or limit or negate the authority granted herein to
the Township's representatives to conduct an inspection.
At such times that a public storage facility is open to its
customers, or that a structure or facility that contains public storage
lockers is open to the public, a representative of Middletown Township
may, and is hereby authorized to, conduct an inspection of any public
storage facility or public storage locker, except for the interior
of the storage rooms, units or lockers that are secured against public
access, with the assistance of a dog trained to detect by smell the
presence of explosives, narcotics and/or other contraband and being
handled by an officer or other individual who is trained in the handling
of such dogs. If in the opinion of the officer or other individual
handling the dog the dog detects the presence of explosives, narcotics
or other contraband in a storage unit, room or locker, such determination
shall be reasonable suspicion for believing explosives, narcotics
and/or other contraband is in fact located in such unit, room or locker.
Such reasonable suspicion shall be grounds for the Police Department
to secure the public storage facility and/or public storage locker
from and against further public access until such time as a search
warrant is issued and for such period of time that is necessary to
execute upon such warrant. However, in the event of exigent circumstance
and/or immediate concern for the health, safety or welfare of the
occupants of the facility or the community, an officer shall conduct
an immediate search of the unit, room or locker that has been identified.
The representative(s) of the Township who may conduct the inspection
authorized in the preceding section shall include the Township Building
Inspector, Code Enforcement Officer, Zoning Officer, Fire Marshal,
police officers and any other agent or employee of the Township so
authorized to act by the Township Board of Supervisors.
A.
Any person, firm or corporation violating or interfering with any
of the provisions of this article or failing to comply with a request
made pursuant to any section hereof shall, upon conviction thereof
before a Magisterial District Judge, be sentenced to pay a fine of
not more than $1,000 and costs of prosecution and, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that a person, firm or corporation refuses or continues
to refuse to comply with a request to conduct an inspection as authorized
in this article shall be considered a separate offense.
B.
The imposition of the penalties herein prescribed shall not preclude
the Township Solicitor from initiating appropriate actions or proceedings
at law or equity to effect the purposes of or compel compliance with
this article.
[Adopted 9-25-2007 by Ord. No. 07-11]
As used in this article, the following terms shall have the
meanings indicated:
Movable wheeled trailers that are used in connection with
the performance of construction work, and which may be designed or
intended to convey tools, equipment, construction materials, building
materials or other construction-related items to and from a construction
site by a building contractor or property owner, and which same trailers
are located on any site at which construction work is actively being
performed, has commenced and temporarily ceased, or a building permit
for construction work has been issued where construction activity
is not actively progressing.
Portable sheds (hereinafter referred to as "PHSUs") that are loaded with materials and placed on a residential parcel for purposes of temporary storage of materials, including but not limited to household goods, building materials (prior to being used for building purposes), and for any other storage on a limited basis on a parcel which is either zoned residential or used primarily for residential purposes. Such units shall not be considered an accessory structure as provided under Chapter 500, Zoning, of the Code of Middletown Township.
A.
Prior to the placement of any PHSU or construction trailer on any
residential parcel in Middletown Township, the owner of such parcel
or, in the case of a construction trailer, the registered owner of
the trailer must apply for and obtain a permit for the placement of
such PHSU or construction trailer from the Middletown Township Department
of Licenses and Inspections.
B.
All applications for a permit under this article must be accompanied
by an insurance certificate providing liability insurance in an amount
not less than $100,000 in general liability coverage from the company
supplying the PHSU or from the owner of any construction trailer.
C.
The Township shall collect an application fee for any permit issued
hereunder, in an amount to be fixed by resolution of the Board of
Supervisors, for a thirty-day permit, subject to adjustment from time
to time by resolution of the Board of Supervisors as provided hereunder.
D.
Permits issued under this article and any renewal of permits issued
hereunder must be signed by a code official of the Township and prominently
displayed on the PHSU or construction trailer for which the permit
is issued in a sealed and watertight manner, so as to protect the
permit from denigration by the weather, rain or other elements.
A.
Initial permits may be granted for a period of 30 days by the Code Enforcement Officer, upon proper submission of the required application and supporting documentation as provided under § 425-202.
B.
After the expiration of the thirty-day period for the initial permit,
an applicant may submit a renewal application for an additional 30
days, which same application shall not be unreasonably refused by
the Township. All such applications for extension of permit must be
accompanied by an extension fee in an amount to be fixed by resolution
of the Board of Supervisors, which same fee may be adjusted from time
to time by further resolution of the Board of Supervisors.
C.
No more than one extension may be granted for any permit issued under
this part for any PHSU. Permits for the placement of a construction
trailer may be granted not more than four extensions.
No residential parcel under this article may be issued more
than two permits for the placement of a PHSU during any twelve-month
period. Such limitations shall include applications for extension.
The total number of days upon which any PHSU may be located on any
residential property within the Township shall not exceed 60 days
unless otherwise provided under this article.
No residential parcel under this article may be issued more than one permit for the placement of a construction trailer during any twelve-month period. Such limitation shall not include any period of extension provided under § 425-203C. In the event of extenuating circumstances, such that the expiration of a permit under this part would constitute an undue hardship to the permit holder, the Township may issue not more than one additional permit during any twelve-month period, which same permit may not be extended or renewed and shall expire as provided under § 425-203C.
Upon a finding by the Code Enforcement Officer that a parcel of property has experienced a flood, fire, natural disaster or other act of God, so as to render the primary residential dwelling thereon uninhabitable and so as to require, in the judgment of the code official, the placement of a PHSU on the property for a period longer than that provided under § 425-203 or 425-204, the Code Enforcement Officer may issue an extended hardship permit under this section for the placement of a PHSU for such period of time as fixed by the Code Enforcement Officer and not otherwise subject to the limitations provided under this article. All such extended hardship permits must be duly registered with the Township Department of Licenses and Inspections and shall be issued without application fee.
All PHSUs and construction trailers must be kept in the driveway
of the parcel at the furthest accessible point from the street. All
locations must be paved off-street surfaces, and the applicant must
obtain preapproval of the Township for placement of a PHSU or construction
trailer. In the event a parcel is devoid of a driveway or other paved
surface, the placement of the PHSU or construction trailer shall be
at the direction of the Code Enforcement Official.
A.
Only one PHSU may be placed on any one residential parcel at one time. The Code Enforcement Officer is authorized to permit the placement of more than one PHSU under the terms of § 425-206 in the event that the circumstances giving rise to the hardship permit warrant the placement of additional PHSUs in order to accommodate the storage of interior furnishings, goods and materials from a residence substantially damaged by flood, fire, act of God or other natural disaster.
B.
Not more than one construction trailer may be placed on any residential
parcel at one time.
A.
Any person who shall place a PHSU or construction trailer in violation
of this article shall, upon conviction before a Magisterial District
Judge, be sentenced to pay a fine not exceeding $1,000, together with
the cost of prosecution and, upon default from the payment thereof,
may be sentenced to undergo imprisonment for a period not exceeding
30 days. Each day in which a violation shall continue after due notice
to the property owner shall be deemed a separate offense, punishable
by the terms and conditions provided under this section.
B.
Any code enforcement officer or law enforcement officer of Middletown
Township is duly empowered to enforce the terms, conditions and provisions
of this article and to commence such summary criminal proceedings
as may be warranted upon the finding of any violation of the terms,
conditions and provisions of this article.
