[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells 4-20-2010 by Ord. No. 2010-884. Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 206.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any container designed for the outdoor storage of personal
property, including a portable on-demand storage structure ("pod")
or similar storage container, which is typically rented to owners
or occupants of property for their temporary use and which is delivered
and removed by vehicle.
A piece, parcel, tract, or plot of land occupied or that
may be occupied, by one or more buildings or uses and their accessory
buildings and accessory uses which is generally considered to be one
unified parcel.
Any portable storage unit used for the purposes of storing
the personal property of people who are moving in or out of the property.
Any portable storage used for the storage of personal property
during renovations or rehabilitation of the structure.
The owner or occupant of property entering into an agreement
with a portable storage unit company or other person or entity for
the placement of a portable storage unit on a site located in the
Borough of Essex Fells.
A.
No portable storage unit shall be placed or maintained by any private
person or entity in or on any Borough property, street or right-of-way
without a valid permit issued by the Zoning Officer. The penalty for
a violation of this subsection shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
B.
No portable storage unit shall be placed or maintained on any private
property unless it complies with one or more of the following provisions:
(1)
Such containers must be placed or maintained on a driveway or other
suitably paved area at the farthest accessible point from the street
for purposes of packing or unpacking goods and materials of the owner
or occupant of the property in preparation for or subsequent to moving
into or out of the property for a period of not more than 60 consecutive
days.
(2)
Such containers must be placed or maintained on a driveway or other
suitably paved area at the farthest accessible point from the street
for purposes of storing the personal property of the owner or occupant
of the property when necessary during renovation or rehabilitation
of the structure located on the property in which the personal property
would otherwise be located during the period of renovation or rehabilitation,
but in no event more than a total of 60 consecutive days.
Prior to the placement of a portable storage unit on any private
property, a site plan showing the proposed location of the portable
storage unit must be submitted by the owner of the property using
the portable storage unit or the person contracting for the use of
such portable storage unit who shall apply for and receive a permit
from the Borough in accordance with the requirements and standards
set forth herein.
A.
Application for a permit shall be made to the Borough Construction
Official on a form provided by the Borough. The application shall
require the full name, address and other contact information for the
owner of the portable storage unit, the owner of the property with
which the use of the portable storage unit is associated, and the
person contracting for the use of the portable storage unit (if such
person is not the owner of the property for which the portable storage
unit is to be used). Every application for a permit shall be accompanied
by a permit fee of $50 for a Type I permit and $100 for a Type II
permit.
B.
Any portable storage unit placed on private property shall be placed
on a suitable base to assure stability. If, in the opinion of the
Police Department or the Borough Engineer, the location is sufficiently
close to a vehicular intersection or pedestrian path, the permit may
require that the unit be equipped with appropriate reflectors or other
safety markings so that the unit will not constitute a hazard to traffic
or pedestrians. The specific number, location and type of markings
shall be determined by the Police Department or the Borough Engineer
and noted on the permit at the time of its issuance or at any time
thereafter.
C.
Any permit issued for placement of a portable storage unit on private
property shall be valid for a period of 60 days, and a sticker or
notice shall be prominently displayed on the portable storage unit
or on the property upon which the unit is placed indicating the commencement
and expiration dates of the permit.
D.
Upon a showing of continued need for the portable storage unit (such
as during the course of major construction projects), the Construction
Official may renew a permit for up to two additional periods, not
to exceed 90 days for Type II permits and 30 days for Type I permits,
upon the filing of an application for renewal and payment of the additional
fee for the type of permit renewal requested.
A.
No more than one portable storage unit may be placed on any property
at one time and no more than one permit may be issued for any property,
including any renewals of said permit, during a twelve-month period.
B.
No hazardous material or organic waste shall be placed in a portable
storage unit.
C.
No portable storage unit shall be used for the storage of construction
debris, business inventory, commercial goods, or any personal property
which is not owned by the owner or occupant of the property where
the unit is located. Upon reasonable notice to the permit holder,
the Borough may inspect the contents of any portable storage unit
for compliance with this chapter.
D.
The owner of the portable storage unit and the owner of the site
on which the unit is located shall be jointly responsible to ensure
that the portable storage unit is in good condition, free from evidence
of deterioration, weathering, discoloration, rust, ripping, tearing
or other holes or breaks.
E.
A portable storage unit shall be no larger than 130 square feet in
area and no higher than 10 feet above grade.
The person contracting for the use of a portable storage unit
and the owner of the property associated with its use shall be jointly
responsible for compliance with the provisions of this chapter. Copies
of the penalty provisions of this chapter shall be appended to the
permit and shall be mailed with a copy of the permit to the owner
of the portable storage unit, the property owner, and any other interested
party.
A.
It shall be unlawful for a portable storage unit to remain on any
property in excess of the time period set forth in the permit issued
by the Borough. Each day a portable storage unit remains on a property
in violation of the provisions of this chapter shall be considered
a separate violation subject to the penalty provisions set forth below.
The penalty for a violation of this subsection shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
B.
Any person who violates any provision of this chapter shall, upon
conviction in Municipal Court or any other court having jurisdiction,
be liable to a fine not exceeding $2,000, or imprisonment for a term
not exceeding 90 days, or community service for a term not exceeding
90 days, or any combination of the above.
