This chapter and the regulations herein are in addition to any
other requirements of law, rule, regulation and/or Borough ordinances,
specifically and without limitation.
Terms not defined shall have their usual and customary meanings,
unless a different meaning clearly appears from the context. The following
terms whenever used or referred to in this chapter shall have the
following respective meanings:
DUMPSTER/BAGSTER (COLLAPSIBLE DUMPSTER BAG) or ROLL-OFF CONTAINER
A bulk storage container for the collection of, and temporary
storage of, solid waste, waste materials, rubbish, construction materials,
industrial and other waste materials generally, that can be hauled
directly to the point of disposal or emptied into a large compactor-type
truck for disposal.
FRONT YARD ENVELOPE
The area encompassed by the distance from the improved roadway
in front of the property to the point of the structure on the property
closest to that roadway and from one side property line to the other
side property line.
PORTABLE STORAGE UNIT
A transportable unit designed and used for the temporary
storage of household goods, personal items, construction materials
and supplies, and other materials which are placed on a site for the
use of occupants of a dwelling or building on a limited basis. Portable
storage units include but are not limited to certain trade-named units
called "PODS®," "mobile attics," and like portable on-demand storage
containers.
RUBBISH
Combustible paper, cartons, boxes, barrels, wood, excelsior,
tree branches, yard trimmings, wood furniture and bedding dunnage
or noncombustible metal, metal furniture, dirt, glass, and crockery.
WASTE MATERIALS
Includes all other categories of materials to be disposed
of, excluding garbage or recyclable materials.
The following regulations apply to the placement and use of
all portable storage units and dumpsters/bagsters regardless of whether
they require a permit or not:
A. No portable storage unit or dumpster/bagster shall be placed, in
whole or in part, for more than two business days, upon any street,
sidewalk or within any public right-of-way, or upon any private property,
without a permit therefor issued by the Borough.
[Amended 10-11-2023 by Ord. No. 2023-13]
B. All portable storage units or dumpsters/bagsters that have been issued
a permit to be placed in any property, street, sidewalk or within
any public right-of-way and will remain in one of those areas during
the hours between sunset of one day and sunrise of the next day shall
be equipped with suitable reflectors or other warning devices as may
be required by the Police Department and Code Official. Such reflectors
shall be capable of reflecting motor vehicle headlights at a distance
of 500 feet.
C. Rubbish and waste materials shall be completely contained within
any dumpster/bagster. The accumulation of rubbish or waste materials
shall be not permitted outside the confines of a dumpster/bagster,
nor shall it be permitted to accumulate so that the attached cover
cannot be firmly closed. In the event that the dumpster/bagster does
not have an attached cover, the rubbish or waste material shall not
accumulate higher than the top of the sides of the dumpster/bagster
and shall be covered by either a tarp or similar covering, except
when rubbish and waste materials are being deposited in the dumpster/bagster.
D. All portable storage units shall be securely closed when not in use.
No materials, property or goods shall be stored outside of a portable
storage unit during the hours between sunset of one day and sunrise
of the next day, except if the portable storage unit is being used
in conjunction with construction, and in such case only construction
materials may be left outside of the portable storage unit as permitted
by law, rule, regulation and/or Borough ordinances.
E. All dumpsters shall bear the identification number assigned by the
State of New Jersey and the name, address and telephone number of
the person responsible therefor, and the permit issued by the Borough
therefor.
[Amended 10-11-2023 by Ord. No. 2023-13]
F. Portable storage units and/or dumpsters/bagsters shall not be placed
in the front yard envelope of any property, except within the driveway
or vehicular access area(s) of such property, and may be placed anywhere
within the side yard or rear yard envelope.
[Amended 10-11-2023 by Ord. No. 2023-13]
G. Dumpsters/bagsters shall not be placed within any street, sidewalk
or within any public right-of-way or within the driveway or vehicular
access area(s) of any property for more than 60 days, except as the
Code Enforcement Officer may permit in the case of undue hardship
or under other appropriate conditions.
[Amended 10-11-2023 by Ord. No. 2023-13]
H. Dumpsters/bagsters
shall not be placed within the side yard or rear yard envelope of
any property for more than 120 days, except that, upon a satisfactory
inspection at the expiration of the current permit, the Code Enforcement
Officer may further permit the dumpster/bagster to remain in place.
[Added 10-11-2023 by Ord. No. 2023-13]
I. Portable
storage units shall not be placed on any property for more than two
thirty-day periods per calendar year.
[Added 10-11-2023 by Ord. No. 2023-13]
J. The placement and/or use of more than one portable storage unit and
more than one dumpster/bagster on a property, street, sidewalk or
within any public right-of-way adjacent to a property at any given
time.
K. The portable storage unit and dumpster/bagster companies or property
owners shall be responsible for the cost to repair any damage caused
to any street, curb, sidewalk or other public improvements.
A permit for the placement and use of a portable storage unit
and/or dumpster/bagster shall be required under the following conditions:
A. The use of a portable storage unit or dumpster/bagster when it will
be placed, in whole or in part, upon any property, street, sidewalk
or within any public right-of-way.
B. The use of a portable storage unit or dumpster/bagster for more than
one day as permitted herein shall require a permit.
C. If any of the foregoing conditions are met, the property owner shall
apply for a permit on the prescribed permit application form, submit
a permit fee of $35 and be issued a permit prior to placing the portable
storage unit and/or dumpster/bagster on the property or upon any street,
sidewalk or within any public right-of-way adjacent to a property
and shall be subject to the following additional regulations:
[Amended 10-11-2023 by Ord. No. 2023-13]
(1) No permit for a dumpster/bagster shall permit the same to be upon
any street, sidewalks or within any public right-of-way, or within
the driveway or vehicular access area(s) of any property for more
than 30 consecutive days; however, one additional thirty-day permit
may be applied for and approved by the Code Enforcement Officer.[??]
Upon a showing of undue hardship or other appropriate conditions,
the Code Enforcement Officer may permit a dumpster/bagster to remain
in place for more than 60 days.
(2) No permit for dumpsters/bagsters shall permit the same to be within
the side yard or rear yard envelope of a property for more than 120
consecutive days, except that, upon a satisfactory inspection at the
expiration of the current permit, the Code Enforcement Officer may
further permit the dumpster/bagster to remain in place.
(3) No permit for a portable storage unit shall permit the same to be
on a property, or upon any street, sidewalks or within any public
right-of-way, for more than 30 consecutive days; however, one additional
thirty-day permit may be applied for and approved during the calendar
year.
(4) The regulations applicable to all portable storage units and dumpsters/bagsters
in this chapter shall be complied with.
(5) The permit shall be prominently displayed on the portable storage
unit and/or dumpster/bagster at all times.
(6) Prior to any permit being issued for the placement of a portable
storage unit or dumpster/bagster which, in whole or in part, is upon
any property, street, sidewalks or within any public right-of-way,
the property owner shall provide sufficient proof of insurance coverage
of $500,000 for a combined single limit bodily injury and property
damage coverage, which may be from the portable storage unit or dumpster/bagster
rental company, naming the Borough of Bradley Beach, its agents, servants,
officials and employees, as additional insureds, which shall be in
effect at all times the portable storage unit or dumpster/bagster
is so placed. Further, it shall be a condition of said permit that
the property owner shall hold harmless, indemnify and defend the Borough
of Bradley Beach, its agents, servants, officials and employees from
any claims relating to the placement or use of the portable storage
unit or dumpster/bagster, in whole or in part, upon any property,
street, sidewalk or within any public right-of-way, or relating to
the issuance of a permit for the same.
(7) The Code Enforcement Department and/or Police Department, in their
discretion, may refuse to issue a permit if they deem same to constitute
a danger to public safety or an unwarranted interference with the
efficient movement of traffic.
(8) Upon the expiration of a permit, the portable storage unit or dumpster/bagster
shall be immediately removed.
This section is to be administered and enforced by the Borough
Department of Code Enforcement. The Police Department shall also have
jurisdiction to enforce the placement of portable storage units or
dumpsters/bagsters upon any street, sidewalk or within any public
right-of-way without a permit therefor having been issued by the Borough;
and, if a permit has been so issued, the Police Department shall also
have jurisdiction to enforce the requirements for the placement of
reflectors and other warning devices as may be required by the permit.