[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 5-20-13 as Ord. No. 2417-13-0506. Amendments noted where applicable.]
No person, as herein defined, shall place or permit to be placed
in any public area, as herein defined, in the Borough of Somerville
a construction dumpster or similar container commonly used for the
collection of building materials, refuse, rubbish, garbage except
in compliance with the provisions of this chapter.
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.
The Somerville Borough Police Department.
The Department of Community Development shall issue the permit
with the appropriate internal approvals from the Police Department
Includes any person, firm, partnership, association, corporation,
company, organization or entity of any type.
Includes any street, sidewalk, highway, public lane, alley,
Municipal parking lot or other public place in the Borough.
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 Somerville
without first having obtained 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 Somerville shall do so only after
having obtained a permit from the Borough of Somerville. In order
to obtain a permit, an application for a permit on a form to be furnished
by the Department of Community Development 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 fifty dollars ($50). The permit shall be issued for a term
not to exceed ten (10) calendar days and may be renewed for ten (10)
calendar days upon the written request of the applicant without the
filing of a new application but upon payment of an additional fee
of fifty dollars ($50). If after the initial ten (10) days, the applicant
needs to maintain the dumpster at the location, but does not need
it for an additional ten (10) calendar days the daily fee shall be
ten dollars ($10) daily for dumpsters between 1 — 20 yards and
fifteen dollars ($15) daily for dumpsters from 21 — 30 yards,
and shall be paid at the time of application based on the applicant's
estimate of the number of days for which the permit shall be required.
D.
If the dumpster is located in front of parking meters the fee shall
be one hundred dollars ($100) The permit shall be issued for a term
not to exceed ten (10) calendar days and may be renewed for ten (10)
calendar days upon the written request of the applicant without the
filing of a new application but upon payment of an additional fee
of one hundred dollars ($100). If after the initial ten (10) days,
the applicant needs to maintain the dumpster at the location, but
does not need it for an additional ten (10) calendar days the daily
fee shall be twenty dollars ($20) daily, for dumpsters between 1 —
20 yards and twenty-five dollars ($25) daily for dumpsters from 21
— 30 yards, shall be paid at the time of application based on
the applicant's estimate of the number of days for which the
permit shall be required.
E.
No dumpster in excess of thirty (30) cubic yards shall be permitted
in the public areas of the Borough of Somerville. 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.
F.
At the time the application is filed, each applicant shall furnish
the Borough of Somerville with a certificate of insurance with sufficient
limits established by the borough, which shall name the Borough of
Somerville as an additional insured and which shall not be cancelled
during the permit period.
G.
Each applicant for a permit to place a dumpster in a public area
shall furnish the Borough of Somerville with sufficient surety to
be determined by the borough to guarantee against damage to the streets,
curbs and sidewalks or other improvements in the public right-of-way.
H.
No dumpster shall be placed in a public area more than twenty-four
(24) hours prior to commencement of construction/work and shall not
remain therein more than twenty-four (24) hours subsequent to construction
being completed without approval from the Department of Community
Development.
I.
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.
J.
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 of Somerville or for any other
reason constitutes a nuisance.
K.
The Department of Community Development may exempt applicants from
all but the safety requirement of this chapter for any persons contracting
with the Borough of Somerville.
A.
No dumpster shall be placed in a public area in a residential zone
unless it is determined by the Department of Police 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 site lines.
B.
Dumpsters may be placed in public areas only upon the determination
by the Department of Community Development or Department of Police
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 is required to
be placed under the wheels or road contact areas to protect the roadway
from damage. If the dumpster has wheels, they must be chucked to prevent
movement.
(2)
The dumpster must be clearly visible in dark hours. The applicant
must ensure appropriate reflective taping, flashing, warning, amber,
barricade-mounted reflectors or any other device that would ensure
that the dumpster is visible in the evening hours.
(3)
No dumpster shall be permitted in a public area in which the placement
interferes with the free and safe flow of traffic or which otherwise
stands in a hazardous location.
(4)
Dumpsters shall not be permitted to be placed in a public area on
certain designated holidays, sale days and special event days that
occur from time to time during the year.
D.
Upon removal of the dumpster, the public area shall be swept clean
of all loose debris and restored to its former condition in accord
with the standards of the Department of Community Development.
E.
All dumpsters shall at all times be kept in good repair and shall
be structurally sound and leakproof and shall be in good condition
and shall be constructed to stand firmly upright.
Each day that a dumpster is placed or utilized in violation
of the terms of this chapter shall constitute a separate offense.
Each offense hereunder shall be punishable by a minimum fine of one
hundred dollars ($100) per day for each day of violation.
