[Amended 7-6-2010 by Ord. No. 17-2010]
A.
The use and placement of dumpsters in public and private areas is
regulated as follows:
(1)
The purpose of this section is to regulate the use and placement
of dumpsters in public areas, on construction and development sites
and in association with the renovation, rehabilitation and reconstruction
of buildings and structures in private areas located within the Township
of Harrison.
(2)
Permit required. No person shall place or utilize a dumpster or permit
a dumpster to be placed on or within a public or private area in the
Township of Harrison without first having obtained a permit from the
Construction Office and upon approval from the Chief of Police.
(3)
Application for permit; fees; conditions of issuance.
(a)
Application for a dumpster permit shall be made by submission
of the following information to the Township Zoning Office:
(b)
The permit shall be valid for a period of seven days and may
be renewed upon application to the Construction Office for additional
seven-day periods not to exceed a total period of 24 days.
(c)
A permit may be revoked at any time during its term if the placement
or use of the dumpster constitutes a hazard to the health, safety
or welfare of the citizens of the Township or for any other reason
that constitutes a nuisance.
(d)
No permit shall be issued if the Police 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.
(4)
Location, placement and condition of dumpsters.
(a)
No dumpster shall be placed in a public or private area unless
it is determined by the Police Department that there is insufficient
room to place the dumpster on the property of the person utilizing
the dumpster. No dumpster placed on a property shall impede the flow
of pedestrian or vehicular traffic or safety site lines.
(b)
The dumpster shall be equipped with markers consisting of reflective
diamond-shaped panels measuring a minimum of 18 inches by 18 inches.
These panels shall be mounted at the edge of the dumpster at both
ends nearest the path of passing vehicles and facing the direction
of oncoming traffic. The required markers shall have a minimum height
of three feet from the bottom of the panels to the surface of the
roadway.
(c)
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.
(d)
Upon removal of the dumpster, the area shall be swept clean
of all loose debris and restored to its former condition in accordance
with the standards of the Township Engineer and/or Public Works supervisor.
(e)
The applicant shall be responsible for any damage to the roadway
or other property caused by the placement of the container.
(5)
Failure to remove: removal by Township; cost to be lien. If the dumpster
is not removed at the expiration of the time allowed by the permit,
the Construction Code Official shall notify the owner that he/she
has three days in which to have the dumpster removed from the premises.
In the event the owner fails to comply, the dumpster shall be deemed
to have been abandoned and the Construction Code Official may arrange
for its removal and the disposal of its contents. The costs associated
with the removal of the dumpster and the disposal of its contents
shall be a municipal lien against the property. A detailed statement
of the aforesaid costs shall be certified by the Construction Code
Official and forwarded to the Township Committee, which shall examine
the certification and, if found correct, shall cause the same to be
filed with the Tax Collector and a copy forwarded to the property
owner. This amount shall be charged against the land and shall become
a lien upon such lands and shall bear interest at the same rate as
taxes and shall be collected and enforced by the Tax Collector.
B.
The following Subsection B regulates the use of dumpsters outdoors or dumpsters exposed to stormwater:
(1)
Purpose. The purpose of this Subsection B is to require 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, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Harrison 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.
(2)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this Subsection B, 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.
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 Township of Harrison or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
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.
(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, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Harrison.
(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).
(5)
Enforcement. This section shall be enforced by the Zoning Official
and/or the Police Department of the Township of Harrison.
