[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 8-10-1978 by Ord. No.
78-11. Amendments noted where applicable.]
GENERAL REFERENCES
Unified development — See Ch. 88.
[Amended 2-9-1989 by Ord.
No. 89-2; 7-27-1989 by Ord. No. 89-10]
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out of doors of motor vehicles not currently
in use and which do not have a current motor vehicle registration
license and current inspection certificate or any unused machinery
or equipment, bulky household waste, furniture, mattresses, tires,
lumber, building materials or any other personal property not in use,
constituting trash, rubbish and debris, on public or private lands
in the Borough of Clayton is contrary and inimical to the public welfare
in that such articles so placed, abandoned, left, kept or stored attract
or may attract persons of tender years who, being so attracted, may
play in and about them and be injured in so doing and in that such
articles so placed, abandoned, left, kept or stored out of doors,
exposed to the elements, deteriorate and in themselves are a fire
hazard and are unsightly and, deteriorating, become more unsightly
and are detrimental to the public health, safety and general welfare
and depreciate the value of properties in the neighborhood where they
are located and in the Borough of Clayton in its entirety.
[Amended 7-27-1989 by Ord. No. 89-10]
A.
No person or corporation shall place, abandon or leave, keep or store, suffer or permit the placing, abandoning, leaving, keeping, or storage of any unused machinery or equipment, PODs®/dumpsters, bulky household waste, furniture, mattresses, tires, lumber, building materials or any other personal property not in use, constituting trash, rubbish, and debris, out of doors upon any public or private land in the Borough of Clayton or between the right-of-way side lines of any public street or thoroughfare therein unless they do so in compliance with § 81-2.2 of this chapter. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed building.
[Amended 5-28-2009 by Ord. No. 7-2009; 8-8-2019 by Ord. No. 13-2019]
B.
Unless otherwise provided by law, no motor vehicle not currently
in use and which does not have a current motor vehicle registration
license and current inspection certification shall be placed, abandoned
or left, kept or stored or suffered or permitted to be placed, abandoned,
left, kept or stored upon any public or private land in the Borough
of Clayton or between the right-of-way side lines of any public street
or thoroughfare therein except as follows:
(1)
There shall be no prohibition to keeping any number of such motor
vehicles in an enclosed building, so long as they are kept in such
building at all times.
(2)
Outside an enclosed building, it shall be permitted to keep one such
motor vehicle on any one property in the rear yard of the premises,
provided that it is not under a prolonged state of major disassembly
or disrepair and is not in the process of being stripped or dismantled.
During all times that such motor vehicle is not being repaired, it
shall be completely covered by a tarpaulin or other appropriate cover.
C.
If any article described in the foregoing Subsections A and B shall be left, placed, kept or stored on private lands for 30 days or more, it shall be presumed that the owner and tenant in possession of said land left, placed, kept and stored it there and permitted and suffered it to be left, placed, kept and stored there.
D.
Nothing in this chapter shall supersede or prevent the enforcement
of any ordinance, law or regulation prohibiting public nuisances.
[Amended 5-28-2009 by Ord. No. 7-2009]
For instances of extraordinary need of temporary storage of
a dumpster, POD®, pile of mulch, topsoil, stone or other landscaping
material on the shoulder of a dedicated Borough street, road, or thoroughfare
(improved or unimproved), a permit must be issued by the Chief of
Police for such storage. The necessity, the period of time allowed
and the placement are solely at the Chief's discretion.
[Added 8-8-2019 by Ord.
No. 13-2019]
A.
STORAGE TRAILER OR PODS
Definitions. For the purpose of this chapter, the following terms
shall have the meanings ascribed to them herein:
A transportable unit designed and used primarily for temporary
storage of materials, goods, household goods, or other such items
of personalty, stored on a temporary basis, also known as portable
on-demand storage structures, mobile storage structures, portable
home storage units, storage trailers, box car or mobile trailers.
B.
Permits.
(1)
A storage trailer or PODS unit may be located in any detached single-family
residential zoning district or approved detached single-family use
within any zoning district, subject to the conditions set forth herein.
Prior to the placing of a storage trailer or PODS unit on property
which a person owns, rents, occupies or controls, a permit must be
obtained from the Borough Construction Office. The fee for such a
permit is $25 for a residential property and $50 for a commercial
property.
(2)
A permit for a storage trailer or PODS unit will be valid for a period
of 31 days. A permit obtained for such a storage unit to be used during
construction on residential property where the unit is located may
be renewed for up to five additional thirty-one-day periods for a
maximum period of six months. Application for renewal must be made
prior to the expiration of the existing permit. Renewal shall be at
the discretion of the Code Enforcement Officer and shall require proof
of a current building permit for the property.
(3)
Only one permit per property, including all renewals of said permit,
shall be granted during a twelve-month period.
C.
General restrictions and requirements for residential property.
(1)
Only one storage trailer or PODS unit may be placed on a residential
property at one time.
(2)
A storage trailer or PODS unit located on a residential property
must be located immediately adjacent to or in the property driveway
at the furthest accessible point from the street.
(3)
No hazardous material or organic waste shall be placed in a storage
trailer or PODS unit.
(4)
No storage trailer or PODS unit located at a residential property
shall be used for the storage of construction debris, business inventory,
commercial goods or goods for property other than the residential
property where the unit is located. Upon reasonable notice to the
applicant, the Borough may inspect the contents of any storage trailer
or PODS unit for compliance with this chapter.
(5)
It shall be the responsibility of the applicant to ensure that the
storage trailer or PODS unit is maintained in a good condition, free
from evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
(6)
No storage trailer or PODS unit shall exceed eight feet in height,
24 feet in length, and eight feet in width.
(7)
Upon reasonable notice to the applicant, the Township may inspect
the contents of any storage trailer or PODS unit for compliance with
this chapter.
D.
Placement of storage trailers or PODS units in other zoning districts.
(1)
The use of storage trailers or PODS units in zoning districts other than the residential districts set forth above is subject to the zoning requirements of the zoning district in which the property is located. Prior to the placing of a portable storage area on property which a person owns, rents, occupies or controls, a permit must be obtained from the Clayton Borough Construction Office. The fee for a permit for a storage trailer or PODS unit in other than the residential districts set forth above (commercial and industrial zoning districts) is subject to a fee for a permit as provided in § 81-2.2B.
(2)
A permit for a storage trailer or PODS unit in a commercial or industrial
zoning district will be valid for a period of one year. No permit
renewals are to be granted after one year. No permit is required if
the storage trailer or PODS unit, and the placement of said unit,
is part of an approved site plan by the Zoning or Planning Board of
the Borough of Clayton.
(3)
One permit for each storage trailer or PODS unit is required.
E.
General restrictions and requirements for commercial or industrial
property.
(1)
Storage trailers or PODS units may be placed on a commercial or industrial
property only at a designated location as approved by the Borough
Construction Office. A sketch plat shall be provided to the Construction
Office designating the specific area where any storage trailer(s)
or PODS unit(s) shall be located.
(2)
A storage trailer(s) or PODS unit(s) shall only be located on the
property at a location which does not impede the flow of vehicular
or pedestrian traffic on said property, and does not interfere with
the ingress and egress from said property.
(3)
No hazardous material or organic waste shall be placed in a storage
trailer or PODS unit.
(4)
No storage trailer or PODS unit shall be used for the storage of
construction debris or any goods or materials other than that of the
commercial or industrial business where the unit is located. Upon
reasonable notice to the applicant, the Borough may inspect the contents
of any storage trailer or PODS unit for compliance with this chapter.
(5)
It shall be the responsibility of the applicant to insure that the
storage trailer or PODS unit is maintained in good condition, free
from evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
(6)
No storage trailer or PODS unit shall exceed eight feet in height,
24 feet in length, and eight feet in width.
(7)
Upon reasonable notice to the applicant, the Township may inspect
the contents of any storage trailer or PODS unit for compliance with
this chapter.
F.
Enforcement; violations and penalties. Any person who violates any
of the provisions of this chapter shall be subject to the removal
of the storage trailer or PODS unit at the expense of the applicant,
and/or the penalties including imprisonment and/or fines not to exceed
$500.
[Amended 1-25-1979 by Ord. No. 79-2]
Whenever it shall appear to any member of the Police Department
of the Borough of Clayton that this chapter is being violated and
that the land on which the alleged violation exists is privately owned,
he shall, in writing, notify the owner and tenant in possession of
the land on which the alleged violation exists to abate the alleged
violation by removing the article or articles constituting the alleged
violation from the Borough of Clayton or into an enclosed building
within 10 days of the service of the notice, which notice shall be
served upon such owner and tenant, if he resides in the Borough of
Clayton, personally or by leaving it at his usual place of abode with
some member of his household over the age of 14 years. If any such
owner and tenant shall reside outside the Borough of Clayton, notice
shall be served upon him by registered or certified mail addressed
to him at his usual residence, if ascertainable. Otherwise, notice
shall be served by publishing a notice in the newspaper in which the
legal notices of the Borough of Clayton may be published, and said
owner and tenant shall so abate the alleged violation within the time
fixed by the notice.
A.
Whenever it shall appear to any member of the Police Department of
the Borough of Clayton that this chapter is being violated and that
the violation exists on public lands or between the right-of-way side
lines of any public street or thoroughfare, he shall:
(1)
Determine whether any article constituting the violation constitutes
or may constitute a traffic hazard, and, if so, he shall move it or
cause it to be moved to a nonhazardous location or into an enclosed
storage place forthwith.
(2)
Ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him which notice shall be given as required in § 81-3 for the service of notice thereunder.
B.
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation is not abated in the time required by the notice given under the foregoing Subsection A(2), he shall determine whether the article or articles have a value in excess of the cost of removing it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles and for six months for all other articles.
(1)
Unless the article or articles appear to have a value clearly in
excess of such cost, he shall arrange, if he can, for the removal
of it or them by someone who will undertake that removal without cost
to the Borough of Clayton, but otherwise he shall arrange for that
removal at the expense of the Borough of Clayton to an authorized
area.
(2)
If the article or articles appear to have a value clearly in excess
of said costs, he shall remove it or them or cause it or them to be
removed at the expense of the Borough of Clayton to enclosed storage.
C.
If the articles are removed pursuant to Subsection A(1) or Subsection B(1) or (2), he shall, in the manner required by § 81-3 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of the removal and interim storage charges.
[Amended 5-10-2018 by Ord. No. 9-2018]
If any article or articles impounded by the Police Department
of the Borough of Clayton under this chapter shall remain unclaimed
after three months after notice of the impounding in the case of motor
vehicles, and for six months for all other articles, the impounded
article or articles shall be deemed to have been abandoned and forfeited
by the owner, and the governing body of the Borough of Clayton shall
sell and dispose of them as provided in N.J.S.A. 40A:14-157.
The provisions of this chapter shall not apply to new car agencies
or to licensed used car dealers located in the Borough of Clayton.
[Amended 1-25-1979 by Ord. No. 79-2]
A.
Any person or corporation who or which does not abate the alleged violation as set forth in the written notice referred to in § 81-3 hereof within 10 days of the service thereof shall appear before the Municipal Court Judge of the Borough of Clayton for a determination as to whether or not the condition, as set forth in the written notice, did in fact constitute a violation of this chapter.
