[HISTORY: Adopted by the Borough Council of the Borough of
Caldwell 5-6-2014 by Ord. No. 1289-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings indicated:
A container or debris-transfer body commonly used for the
placing or collection of debris and building materials during construction
or renovation.
Includes any person, firm, partnership, association, corporation,
company, organization or entity of any type.
Includes any street, sidewalk, highway, public lane, alley,
Borough parking lot or other public place in the Borough.
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.
