[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.]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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.
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.
A permit to allow a dumpster to be placed in a driveway or
upon a private site or property.
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.
