[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 5-6-2014 by Ord. No. 1289-14. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 144.
Property maintenance — See Ch. 175.
Solid waste — See Ch. 203.
As used in this chapter, the following terms shall have the following meanings indicated:
DUMPSTER
A container or debris-transfer body commonly used for the placing or collection of debris and building materials during construction or renovation.
PERSON
Includes any person, firm, partnership, association, corporation, company, organization or entity of any type.
PUBLIC AREA
Includes any street, sidewalk, highway, public lane, alley, Borough parking lot or other public place in the Borough.
RESIDENTIAL ZONE
Any residential zone, as defined in Chapter 26, Land Use Procedures, of the Caldwell Borough Code.
No person shall place or utilize a dumpster or permit a dumpster to be placed or utilized in a public area in the Borough of Caldwell without first obtaining a permit therefor.
A. 
Any person seeking to place, permit to be placed or utilize a dumpster in a public area in the Borough of Caldwell shall do so only after obtaining a permit from the Police Department. In order to obtain a permit, an application for a permit on a form to be furnished by the Police Department shall be filed and the appropriate fee shall be paid.
B. 
The application shall require that the applicant specify the exact proposed location of the dumpster, the size and capacity thereof, the length of time that said use is required and the contemplated use of the dumpster.
C. 
The fee for obtaining a permit to place a dumpster in a public area shall be as set forth in Chapter A270, Fees. The permit shall be issued for a term not to exceed 15 days and may be renewed once upon the written request of the applicant without the filing of a new application but upon payment of an additional fee as set forth in Chapter A270, Fees.
D. 
No dumpster in excess of 30 yards shall be permitted in the public areas of the Borough of Caldwell. The permit shall be issued for a specific period of time based on the estimate of the applicant at the time the application is filed.
E. 
At the time the application is filed, each applicant shall furnish the Borough of Caldwell with a certificate of insurance containing limits of at least $100,000/$300,000 for bodily injury and $100,000 for property damage, which shall name the Borough of Caldwell as an additional insured and which shall be noncancellable during the permit period.
F. 
Each applicant for a permit to place a dumpster in a public area shall furnish the Borough of Caldwell with sufficient surety to be determined by the Borough Engineer to guarantee against damage to the streets, curbs and sidewalks or other improvements in the public right-of-way.
G. 
No dumpster shall be placed in a public area more than 24 hours prior to commencement of construction or other work for which the dumpster shall be utilized and the dumpster shall not remain for more than 24 hours after the construction or other work is completed.
H. 
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.
I. 
A permit may be revoked at any time during its term if the placement or use of a dumpster constitutes a hazard to the health, safety or welfare of the citizens of the Borough or for any other reason constitutes a nuisance.
A. 
No dumpster shall be placed in a public area in a residential zone unless it is determined by the Police Department that there is not sufficient room on the private property of the person utilizing the dumpster to place the dumpster and, therefore, the dumpster is required to be placed in a public area. No dumpster placed on private property, otherwise unregulated by this chapter, shall impede the flow of pedestrian or vehicular traffic or safety sight lines.
B. 
Dumpsters may be placed in public areas only upon the determination by the Police Department that there is no safe or practical place where the dumpster may be placed other than in the public area.
C. 
All dumpsters placed in public areas are required to comply with the following conditions:
(1) 
Planking or other wood sheeting of sufficient size shall be placed under the wheels or road contact areas to protect the roadway from damage. If the dumpster has wheels, the wheels shall be chucked to prevent movement.
(2) 
Flashing, warning, amber, barricade-mounted lights shall be placed on the dumpster to provide a visual warning to those utilizing the roadway or public right-of-way. The lights shall be operable at all times. Per N.J.S.A. 27:5I-1, yellow reflective diamond-shaped markers/panels with a minimum size of 18 inches by 18 inches must be displayed. Markers/panels must be mounted at the upper end of the dumpster or container, leaving a minimum height of three feet clear distance between the bottom of the marker/panel and bottom of the roadway surface.
[Amended 12-19-2023 by Ord. No. 1453-23]
(3) 
No dumpster shall be permitted in a public area the placement of which interferes with the free and safe flow of traffic or which otherwise stands in a hazardous location.
D. 
Upon removal of the dumpster, the public area shall be swept clean of all loose debris and restored to its former condition in accordance with the standards of the Borough Engineer.
E. 
All dumpsters shall at all times be kept in good repair, shall be structurally sound and leakproof, shall stand firmly upright, and shall be painted as to prevent the show of rust or deterioration.
Any person who violates the terms of this chapter shall be guilty of an offense to be punishable by a minimum fine of $100. Each day that a dumpster is placed or utilized in violation of the terms of this chapter shall constitute a separate offense.
Despite anything contained in this chapter to the contrary, the Borough Administrator shall have the authority to exempt any person or entity from the requirements of this chapter, except for the safety requirements, if the person or entity requires the use of a dumpster in fulfillment of a contract with the Borough of Caldwell.