[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:
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.
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.
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.
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:
a.
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.
b.
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.
c.
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.
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, specifically and without limitation, the Construction Site Maintenance Standards as contained in subsection 40-13.1.
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.
f.
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.
g.
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.
h.
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.
[1]
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:
a.
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.
c.
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.
d.
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]
1.
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.
2.
The regulations applicable to all portable storage units and dumpsters in Section 33-3 shall be complied with.
3.
The permit shall be prominently displayed on the portable storage
unit and/or dumpster at all times.
4.
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.
5.
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.
6.
Upon the expiration of a permit, the portable storage unit or dumpster
shall be immediately removed.
7.
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]
a.
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.
b.
Violations/Remedies.
1.
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.
2.
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.
c.
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.
