Borough of Essex Fells, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 6-19-2012 by Ord. No. 2012-928. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 232.
Streets and sidewalks — See Ch. 247.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DUMPSTER
A waste or refuse container, commonly known as a "roll-off dumpster" or a "roll-off container." The "bagster" product or similar bulk solid waste disposal containers shall also be considered dumpsters for purposes of this chapter.
SITE or PROPERTY
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.
TYPE I PERMIT
A permit to allow a dumpster to be placed in a driveway or upon a private site or property.
TYPE II PERMIT
A permit to allow a dumpster to be placed upon a public road, sidewalk or other public property.
[Amended 4-15-2014 by Ord. No. 2014-949]
No dumpster shall be placed or maintained by any person or entity in or on any Borough property, street or right-of-way or any private property without a valid permit issued by the Zoning Officer. The penalty for a violation of this section shall be $200.
A Type I permit shall be obtained prior to the placement of a dumpster on any private property.
A. 
A plan showing the proposed location of the dumpster must be submitted by the owner of the property or the person contracting for the use of such dumpster who shall apply for and receive a permit from the Borough in accordance with the requirements and standards set forth herein.
B. 
Application for a permit shall be made to the 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 dumpster, the owner of the property with which the use of the dumpster is associated, and the person contracting for the use of the dumpster (if such person is not the owner of the property for which the dumpster is to be used). Every application for a permit shall be accompanied by a permit fee of $50.
C. 
The dumpster shall be placed in a safe location. 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.
D. 
Any permit issued for placement of a dumpster on private property shall be valid for a period of 60 days, and a sticker or notice shall be prominently displayed on the dumpster or on the property upon which the unit is placed indicating the commencement and expiration dates of the permit.
E. 
Upon a showing of continued need for the dumpster (such as during the course of major construction projects), the Zoning Officer may renew a permit for up to two additional periods, upon the filing of an application for renewal and payment of the additional fee for the type of permit renewal requested.
A Type II permit shall be obtained prior to the placement of a dumpster on any street, sidewalk or public property.
A. 
a plan showing the proposed location of the dumpster must be submitted by the owner of the property or the person contracting for the use of such dumpster who shall apply for and receive a permit from the Borough in accordance with the requirements and standards set forth herein.
B. 
Application for a permit shall be made to the 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 dumpster, the owner of the property with which the use of the dumpster is associated, and the person contracting for the use of the dumpster (if such person is not the owner of the property for which the dumpster is to be used). Every application for a permit shall be accompanied by a permit fee of $100.
C. 
No permit for the placement of a dumpster shall be issued without adequate proof that the dumpster cannot be placed in the driveway or on the property of the requestor. A permit may be granted for a period of seven days in connection with a nonconstruction job. A permit for the placement of a dumpster in conjunction with a construction job shall not be issued for a period of 30 days. A sticker or notice shall be prominently displayed on the dumpster or on the property upon which the unit is placed indicating the commencement and expiration dates of the permit.
D. 
The dumpster shall be placed in a safe location. 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.
E. 
Upon a showing of continued need for the dumpster (such as during the course of major construction projects), the Zoning Officer may renew a permit for up to two additional periods, 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 dumpster 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 dumpster.
C. 
The owner of the dumpster and the owner of the site on which the unit is located shall be jointly responsible to ensure that the dumpster is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
The person contracting for the use of a dumpster 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 dumpster, the property owner, and any other interested party.
A. 
It shall be unlawful for a dumpster to remain on any property in excess of the time period set forth in the permit issued by the Borough. Each day a dumpster 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.
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.