[R.O. 1957, 14:6-1; MC 2013-09, November 12, 2013; MC 2017-16,
June 19, 2017]
(a)
No person shall expose any goods, merchandise or wares encroaching
upon a street or sidewalk or part thereof.
(b)
No person shall construct a building or part thereof which shall
extend into or over a street or sidewalk or part thereof.
(c)
No person shall construct any door or window which, when opened,
shall extend into or over a street or sidewalk or part thereof except
as provided in the Building Code or the Zoning Ordinance.
(d)
No person shall construct a fence, pole, barrier, underground vault,
underground tank, underground conduit or similar structure which shall
extend into or encroach upon or under a street or sidewalk or part
thereof.
(e)
The Director of Public Affairs and Safety may waive any and all provisions
of this section under the following conditions:
(1)
Where unnecessary hardship or practical difficulty exists due
to special, singular and unique circumstances relating to the property
affected, and not to the general conditions in the neighborhood; and
(2)
Where there is no evidence that public health, safety or welfare
will be adversely affected; and
(3)
For such other good cause shown that Director deems proper.
(f)
All requests for a street and sidewalk encroachment shall be submitted
to the licensing bureau on a form prescribed by the City Clerk.
(1)
The Licensing Bureau shall forward to the Director of Public
Affairs and Safety a copy of any request for a street and sidewalk
encroachment.
(2)
The Director of Public Affairs and Safety upon review of the
application, shall approve or deny all requests for street and sidewalk
encroachments.
(3)
Any request for a sidewalk and street encroachment shall be
submitted at least thirty (30) days prior.
(4)
Street and sidewalk encroachments occurring as a result of a
City sponsored event may be approved by the Mayor and/or City Administrator
in consultation with the Director of Public Affairs and Safety.
[R.O. 1957, 14:6-2]
[MC 2005-08, April 18, 2005]
(a)
No person shall park or leave unattended any waste or refuse storage
container, commonly known as a roll-off dumpster or roll-off container,
having in excess of ten (10) cubic yards on or along any street, sidewalk
or public property without having first obtaining the written permission
by permit from the Director of Department of Public Works and Urban
Development.
(b)
Consent shall be valid and remain in effect for a period of not more
than thirty (30) days, but may be renewed by the appropriate official
upon application.
(c)
Any roll-off dumpster, roll-off container or container parked on
or along any roadway shall be equipped with and display markers consisting
of all yellow reflective diamond-shaped panels having a minimum size
of eighteen (18) inches by eighteen (18) inches. These panels shall
be mounted at the edge of the dumpsters or container at both ends
nearest the path of passing vehicles and facing the direction of on-coming
traffic. These markers shall have a minimum mounting height of three
(3) feet from the bottom of the panels to the surface of the roadway.
All containers shall be cordoned off during day light hours.
(d)
Permits.
(1)
The applicant or permittee shall pay a nonrefundable fee of
Fifty Dollars ($50.00) for each permit and a deposit of Two Hundred
Fifty Dollars ($250.00). Each dumpster or container may remain on
the street for a period not to exceed the ten (10) days. The applicant
or permittee shall pay an additional fee of Two Hundred Fifty Dollars
($250.00) for each additional ten (10) day period if required.
(2)
A Certificate of Insurance naming the City of Plainfield as
an additional insured in an amount not less than Three Hundred Thousand
Dollars ($300,000.00) shall be provided by the license hauler/collector.
(3)
The permit shall require that the sidewalk and gutter shall
at all times be kept clean and unobstructed, and that all direct,
rubbish, snow, ice and debris shall be promptly removed from time
to time during the course of such building work by the licensee. All
such permits shall be revocable by the Director of Public Works and
Urban Development for a violation of permit conditions.
(4)
No permit shall be granted until the applicant shall have deposited
with the Director of Public Works and Urban Development the sum of
Two Hundred Fifty Dollars ($250.00) as security that such applicant
will promptly and at all time comply with the conditions of the Section
and will promptly remove all dirt, and encumbrance from gutters or
sidewalks, and will also promptly remove all building materials placed
upon any street or sidewalk in the event that the permit therefor
shall have expired or shall have been revoked.
(5)
The applicant or permittee shall provide the name, address and
DEP license number of the solid waster collector or hauler who will
be collecting and removing the dumpster/container, and identify the
place of disposal of materials.
(6)
Prior to issuance of the permit, the application shall be forwarded
to the PMUA for confirmation that the materials are being collected
by a licensed hauler/contractor and that the materials are to be disposed
of at a proper location.
(7)
All dumpsters and/or containers must be used only for the disposal
of construction and demolition materials, N.J. D.E.P. Type 13C, and
no municipal solid waste, N.J. D.E.P. Type 10, or class A recyclable
materials whatsoever may be disposed of in the container or dumpster.
(8)
The applicant or permittee shall be responsible for any damage
caused to the street, shoulder, gutter, curb or to any other part
of the street and at his/her expense repair and make good any such
damage, subject to the approval of the Director of Department of Public
Works and Urban Development or his/her designee. No deposit shall
be returned until such repairs have been made to the satisfaction
of the Director of Public Works and Urban Development.
(9)
Upon failure of the applicant or permittee diligently and promptly
to make repairs when requested by the Director of Department of Public
Works and Urban Development or his/her designee, than such repairs
may be made by the City of Plainfield and the cost thereof charged
against and deducted from the deposit. If the deposit is insufficient,
the applicant or permittee shall be responsible for payment to the
City of Plainfield for the difference or excess in cost. Any part
of the deposit not use under the provisions of this section, shall
be returned when all the work and repairs have been completed and
when they have been approved by the Director of Department of Public
Works and Urban Development.
(e)
Penalties. A person who is convicted of a violation of this section,
shall pay a fine of One Hundred Dollars ($100.00) for each day of
violation.
