[Ord. No. 2009-17 § I]
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, the Construction Site Maintenance Standards as contained in subsection 40-13.1.
[Ord. No. 2009-17 § I]
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 Section shall have the following respective meanings:
- DUMPSTER OR ROLL-OFF CONTAINER
- Shall mean 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
- Shall be 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
- Shall mean 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.
- Shall mean 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
- Shall include all other categories of materials to be disposed of, excluding garbage or recyclable materials.
[Ord. No. 2009-17 § I]
The following regulations apply to the placement and use of all portable storage units and dumpsters regardless of whether they require a permit or not:
No portable storage unit or dumpster shall be placed, in whole or in part, upon any street, sidewalk or within any public right-of-way without a permit therefor issued by the Borough.
All portable storage units or dumpsters that have been issued a permit to be placed in any 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 Code Official, who shall consult with the Police Department regarding the same. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
Rubbish and waste materials shall be completely contained within any dumpster. The accumulation of rubbish or waste materials shall be not permitted outside the confines of a dumpster, nor shall it be permitted to accumulate so that the attached cover cannot be firmly closed. In the event that the dumpster does not have an attached cover, the rubbish or waste material shall not accumulate higher than the top of the sides of the dumpster and shall be covered by either a tarp or similar covering, except when rubbish and waste materials are being deposited in the dumpster.
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, specifically and without limitation, the Construction Site Maintenance Standards as contained in subsection 40-13.1.
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.
Portable storage units and/or dumpsters should not be placed in the front yard envelope, however, where the placement of the same is not possible or practical, the Director of Code Enforcement may permit the same, under appropriate conditions.
Portable storage units and/or dumpsters shall not be placed on any property more than two times per calendar year, unless there are valid and current building permits issued for that property, and then the same is subject to all regulations and requirements herein.
The portable storage units and/or dumpsters companies/owners shall be responsible for the cost to repair any damage caused to any street, curb, sidewalk or other public improvements.
Editor's Note: Former § 33-4, Use of Portable Storage Units and Dumpsters Without the Need for a Permit, added or amended by Ord. No. 2009-17 § I, was repealed 7-21-2020 by Ord. No. 2020-31.
[Ord. No. 2009-17 § I; Ord. No. 2017-02]
A permit for the placement and use of a portable storage unit and/or dumpster shall be required under the following conditions:
The use of a portable storage unit or dumpster when it will be placed, in whole or in part, upon any street, sidewalk or within any public right-of-way.
The placement and/or use of more than one portable storage unit or more than one dumpster on a property or upon any street, sidewalk or within any public right-of-way adjacent to a property at any given time.
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 as set by resolution and listed on the permit application form and be issued a permit prior to placing the portable storage unit and/or dumpster on the property, and shall be subject to the following additional regulations:
[Amended 7-21-2020 by Ord. No. 2020-31]
No permit for a portable storage unit and/or dumpster shall permit the same to be on a property, or upon any street, sidewalks or within any public right-of-way, for more than 10 consecutive days, however, additional permits may be applied for and approved provided that there are valid and current building permits issued for that property.
The regulations applicable to all portable storage units and dumpsters in Section 33-3 shall be complied with.
The permit shall be prominently displayed on the portable storage unit and/or dumpster at all times.
Prior to any permit being issued for the placement of a portable storage unit or dumpster which, in whole or in part, is upon any street, sidewalks or within any public right-of-way, the property owner shall provide sufficient proof of insurance coverage of $1,000,000 for a combined single limit bodily injury and property damage coverage, which may be from the portable storage unit or dumpster rental company, naming the Borough of Belmar, its agents, servants, officials and employees, as additional insureds, which shall be in effect at all times the portable storage unit or dumpster 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 Belmar, its agents, servants, officials and employees from any claims relating to the placement or use of the portable storage unit or dumpster, in whole or in part, is upon any street, sidewalk or within any public right-of-way, or relate to the issuance of a permit for the same.
The Director of Code Enforcement, in his discretion, may refuse to issue a permit if he deems same to constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
Upon the expiration of a permit, the portable storage unit or dumpster shall be immediately removed.
The Director of Code Enforcement, in his discretion, may require the removal of a dumpster/pod from the street in the event of a special event, weather occurrence or other circumstance where the placement of the dumpster/pod creates a hazard or obstruction.
[Ord. No. 2009-17 § I]
Enforcement. 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 unit or dumpster 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.
Upon the failure, neglect or refusal of a property owner to comply with this chapter then the Borough is authorized to issue citations of violation. The Borough may remove any portable storage unit or dumpster without notice if it determines an emergency condition exists requiring action with regard to the portable storage unit or dumpster. Further, should the basis for the issuance of a citation of violation not be cured within 10 days of the issuance of the citation, then the Borough without notice to the property owner, may remove the portable storage unit or dumpster. All citations of violation shall be issued in the name of the property owner and the owner of the portable storage unit or dumpster as codefendants if the unit identifies the owner of the same.
Should the Borough be required to move or remove the portable storage unit or dumpster in order to correct any violation of this chapter, the Director of Code Enforcement shall certify the costs of removal and storage of said portable storage unit or dumpster to the Chief Financial Officer who shall be authorized to forward the bill to the property owner or person or entity in control of said property or dumpster or container for payment within 30 days of the date of the bill and any continuing storage costs. The amount of the charge shall become a lien upon the lands and properties for which the portable storage unit or dumpster was located or properties of the owner, tenant or controller of the portable storage unit or dumpster where such portable storage unit or dumpster served the benefit and use of in the opinion of the Borough and shall be collected in the same fashion as real estate property taxes. Should the person or entity who owns, leases or controls the portable storage unit or dumpster failed to pay all charges, including fines and penalties which may have been assessed by the Municipal Court, and remove the portable storage unit or dumpster from Borough custody within 60 days of the Borough removing and storing the same then the Borough may sell the property at public auction. If the portable storage unit or dumpster container identifies the owner of the portable storage unit or dumpster, the same shall be notified of the proposed sale in writing 10 days prior to public sale. Any monies received as a result of the public auction shall first be credited toward any costs associated with the removal and/or storage of the portable storage unit or dumpster, then to any costs of placing or removing the lien upon the property, then to any costs of the public auction, then to any fines and penalties which may have been assessed by the municipal court, and, should any balance remain the same shall be paid to the owner of the portable storage unit or dumpster if the container so identifies the owner thereof, if not then to the property owner.
Penalties. Any violation of this Chapter, upon conviction, shall be punishable by a fine of $250 plus costs. The property owner shall have 10 calendar days, from the date of issuance of a violation, to remedy the violation, if the violation is remedied in this time frame the property owner shall only be subject to a fine of $250 plus costs. If the violation is not remedied in this time frame the property owner shall be subject to a fine of $250 plus costs, plus an additional fine of $50 per day, calculated from the date of the violation, and continuing until the violation is remedied, plus costs.