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Town of Secaucus, NJ
Hudson County
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[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 11-23-82 as Ord. No. 82-36. Readopted in entirety 11-25-14 by Ord. No. 2014-34. Subsequent amendments noted where applicable.]
[Amended 11-25-14 by Ord. No. 2014-34]
As used in this chapter, the following terms shall have the meanings indicated:
DUMPSTER/CONSTRUCTION CONTAINER
Any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carting debris, or similar container provided to property owners by the town on a temporary basis for a rental fee.
[Amended 2-9-10 by Ord. No. 2010-5]
PERSON
Any natural person or persons, corporation, partnership, association or any other organizations.
PORTABLE STORAGE CONTAINER
Any container, storage unit, bulk storage container, portable on-demand storage container (PODS®) or other similar container that can or is used for the storage of personal or household belongings on a temporary basis during a period of home repair, construction, renovation or relocation which is located for such purpose in a designated location on private property or a public street.
[Amended 11-25-14 by Ord. No. 2014-34]
A. 
Dumpsters/construction containers. No person may place a dumpster/construction container on any private property or public street without first obtaining a dumpster/construction container permit from the Construction Department of the Town of Secaucus or, if applicable, from the Town of Secaucus Department of Public Works for dumpsters/containers obtained through that Department. No person shall permit a dumpster/construction container to remain on any private property or public street after the expiration date of said permit issued by the Construction Department or the Department of Public Works.
[Amended 5-27-2020 by Ord. No. 2020-9]
B. 
Portable storage containers. No person may place a portable storage container on any private property or public street without first obtaining a portable storage container permit from the Construction Department of the Town of Secaucus. No person shall permit a portable storage container to remain on any private property or public street after the expiration date of said permit issued by the Construction Department.
[Amended 11-25-14 by Ord. No. 2014-34]
A. 
All requests for permits required by this chapter shall be in writing on a form prescribed by the Town of Secaucus and shall be issued by the appropriate department of the Town of Secaucus. The Construction Department of the Town of Secaucus shall issue such permits after an applicant fully completes a written application provided by the Construction Department of the Town of Secaucus, provides any fees set forth in this chapter and, if applicable, demonstrates that they have applicable permits for any construction or renovation. The application shall set forth the location of the proposed dumpster/construction container or portable storage container, the reason for its use, the proposed nature of the contents, and the duration of the use of said container.
[Amended 5-27-2020 by Ord. No. 2020-9]
B. 
Duration.
(1) 
Dumpsters/construction containers shall be allowed for the durations specified below:
[Amended 5-27-2020 by Ord. No. 2020-9]
(a) 
Notwithstanding any other section of this chapter, the permit issued hereunder shall be valid for a period not to exceed seven days. Any person seeking to extend such period beyond seven days may do so by filing a new application for an additional, continuous seven-day period; a maximum of two seven-days periods within a sixty-day period may be granted upon the filing of the proper applications. No permit shall be issued for the use of a dumpster at the same location or by the same applicant for more than 21 days in any sixty-day period. Any person seeking to have a permit issued for a period in excess of said maximum period shall file an application with the Construction Official citing such special circumstances, whereupon the Construction Official or their designee shall determine whether or not such extra period shall be granted.
(b) 
Dumpsters/construction containers on private property. Notwithstanding any other section of this chapter, the permit issued hereunder shall be valid for a period not to exceed seven days. Any person seeking to extend such period beyond seven days may do so by filing a new application for an additional, continuous seven-day period; a maximum of four seven-days periods within a sixty-day period may be granted upon the filing of the proper applications. No permit shall be issued for the use of a dumpster at the same location or by the same applicant for more than 28 days in any sixty-day period. Any person seeking to have a permit issued for a period in excess of said maximum period shall file an application with the Construction Official citing such special circumstances, whereupon the Construction Official or their designee shall determine whether or not such extra period shall be granted.
(c) 
Dumpsters/construction containers through the Department of Public Works. Notwithstanding any other section of this chapter, the permit issued hereunder shall be valid for a period of seven days or as determined feasible by the Superintendent of the Department of Public Works taking into account the use as stated in the request and the availability and demand for the dumpsters.
(2) 
Portable storage containers.
(a) 
An initial permit for a portable storage container shall be issued for no more than 30 days when the container is located on a private driveway. A property owner may apply for up to two extensions of 30 days each to the Construction Department for good cause, for a total time period not to exceed 90 days from the date of the initial permit to the date of removal of the portable storage container.
Any person seeking to have a permit issued for a period in excess of said maximum period shall file an application with the Construction Official citing such special circumstances, whereupon the Mayor and Council or their designee shall determine whether or not an extra period of time shall be granted. The applicant seeking such an extension shall notify all property owners within a 100 foot radius of the center of the portable storage container in writing of their request prior to the application being presented to the Council.
(b) 
A permit for a portable storage container shall be issued for no more than 30 days when the container is located on a public street. Any person seeking to have a permit issued for a period in excess of said maximum period shall file an application with the Construction Official citing such special circumstances, whereupon the Mayor and Council or their designee shall determine whether or not an extra period of time shall be granted. The applicant seeking an extension shall notify all property owners within a 100 foot radius of the center of the portable storage container in writing of their request prior to the application being presented to the Council.
C. 
No permit shall be issued until any fees hereinafter described are paid to the Town of Secaucus.
D. 
The permit shall be placed in a conspicuous position on the dumpster/construction container or portable storage container during the period of its use.
E. 
The Construction Department shall have the power to revoke any permit if the person named in the permit, or his agent, fails to follow the use and maintenance regulations of this chapter. Whenever the Construction Department revokes a permit as defined herein, said dumpster/construction container or portable storage container must be removed within 24 hours after notice to the person named in the permit. If the person in whose name the permit is issued fails to remove same within said period, the Construction Department may arrange to have said dumpster/construction container or portable storage container removed and stored at said person's cost and expense. If the Construction Department shall at any time determine that an emergency situation exists with regard to said container, it shall order same removed without notice at the owner's expense.
F. 
The Construction Department, by the Construction Official of the Town of Secaucus or his designee, is hereby authorized to issue said dumpster/construction container and portable storage container permits in accordance with this chapter.
[Amended 9-22-92 by Ord. No. 92-37; 12-27-94 by Ord. No. 94-43; 9-23-08 by Ord. No. 2008-24; 3-23-10 by Ord. No. 2010-11; 11-25-14 by Ord. No. 2014-34; 5-27-2020 by Ord. No. 2020-9]
A. 
Dumpsters/construction containers on public streets. The fees payable for permits issued under this chapter shall be $75 for seven days or part thereof for each dumpster/construction container's use at the location stated in the permit. For each seven days or part thereof thereafter, the fee shall be $75, subject to the maximum periods set forth in this chapter. For each seven days or part thereof permitted after the maximum allowable time, the fee shall be $100.
B. 
Dumpsters/construction containers placed on private property not obtained through the Department of Public Works are subject to a permit fee of $25.
C. 
Portable storage containers: The fees payable for permits issued under this chapter shall be as follows: initial permit fee of $150 for 30 days or part thereof for each portable storage container's use at the location stated in the permit. For each extension or part thereof for portable storage containers located on private driveways, the fee shall be $150, subject to the maximum periods set forth in this chapter. For any extension over 90 days for portable storage containers on driveways or over 30 days for portable storage containers on public streets, the fee shall be $250.
D. 
If a dumpster/construction container or portable storage container is permitted to be placed in an area where parking meters are located, the fee shall be double that fee which is established this section.
E. 
Fees for dumpsters/construction containers through the Department of Public Works shall be as follows:
(1) 
Permit fee: $75.
(2) 
Tipping fees for rubbish, concrete, mixed load, mason dump or other disposal shall be in accordance with the rates of the Hudson County Improvement Authority at the time of disposal.
F. 
All fees are nonrefundable.
[Amended 11-25-14 by Ord. No. 2014-34]
A. 
All dumpster/construction containers shall have displayed in a conspicuous place on the dumpster/construction container a copy of the permit authorizing its use. In addition to such permit being displayed, all dumpster/construction containers shall bear the name, address and telephone number of the person named on the permit, and it shall be deemed that such person is responsible for such dumpsters/construction containers.
B. 
All such dumpsters/construction containers which remain on a public street during the hours from sunset of one day to sunrise of the next day shall be equipped with suitable reflective or other warning devices (such as flashers, etc.) as follows: on the top corner of each dumpster/construction container that is within three feet of a roadway. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
C. 
Whenever such a dumpster/construction container is placed on the public street placement shall not be closer than within 25 feet of a corner, 50 feet of a stop sign or 10 feet of a fire hydrant or in any other way constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
D. 
Whenever such a dumpster/construction container is placed on private property, placement shall not be within five feet of the property line or an adjacent property, encroach on a public right-of-way or in any other way constitute a danger to public safety.
[Added 5-27-2020 by Ord. No. 2020-9]
E. 
All permits shall specify the location for placement of the dumpster/construction container. All dumpster/construction containers shall be placed in a driveway or in a location approved by the Construction Department or its designee and in compliance with all safety and traffic requirements imposed by law, regulation, ordinance and the Town of Secaucus Police Department.
[Added 5-27-2020 by Ord. No. 2020-9]
F. 
If the dumpster/construction container is deemed to create a safety or traffic concern by the Town of Secaucus Police Department or Construction Department once placed on the property, street or location in the application, the permittee will be required to relocate or remove the dumpster/construction container.
[Added 5-27-2020 by Ord. No. 2020-9]
G. 
There shall not be more than one dumpster/construction container located on a property at a given time.
[Added 5-27-2020 by Ord. No. 2020-9]
H. 
No dumpster/construction container shall contain flammable, combustible, toxic or hazardous materials.
[Added 5-27-2020 by Ord. No. 2020-9]
I. 
All dumpster/construction containers are subject to periodic inspection by the Town of Secaucus Construction Department, Bureau of Fire Prevention or Property Maintenance Department to insure compliance with the permit and all applicable laws, regulations, ordinances and health codes.
[Added 5-27-2020 by Ord. No. 2020-9]
[Added 11-25-14 by Ord. No. 2014-34]
A. 
All permits shall specify the location for placement of the portable storage container. All portable storage containers shall be placed in a driveway or upon a paved surface in a location approved by the Construction Department or its designee and in compliance with all safety and traffic requirements imposed by law, regulation, ordinance and Town of Secaucus Police Department.
B. 
If the portable storage container is deemed to create a safety or traffic concern by the Town of Secaucus Police Department or Construction Department once placed on the property, street or location in the application, the permittee will be required to relocate or remove the portable storage container.
C. 
All portable storage containers which remain on a public street during the hours from sunset of one day to sunrise of the next day shall be equipped with suitable reflective or other warning devices (such as flashers, etc.) as follows: on the top corner of the portable storage container that is within three feet of a roadway. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of 500 feet.
D. 
Whenever such a portable storage container is placed on the public street, placement shall not be closer than within 25 feet of a corner, 50 feet of a stop sign or 10 feet of a fire hydrant, or in any other way constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
E. 
When not in use, portable storage containers shall be kept locked.
F. 
There shall not be more than one portable storage container located on a property at a given time.
G. 
No portable storage container shall contain flammable, combustible, toxic or hazardous materials.
H. 
All portable storage containers are subject to periodic inspection by the Town of Secaucus Construction Department, Bureau of Fire Prevention or Property Maintenance Department to insure compliance with the permit and all applicable laws, regulations, ordinances and health codes.
[Amended 11-25-14 by Ord. No. 2014-34]
This chapter is not intended to apply to containers or other receptacles used for normal garbage collections.
[Amended 12-27-94 by Ord. No. 94-43; 11-25-14 by Ord. No. 2014-34]
A. 
Any person who shall violate any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not less than $100 and not exceeding $2,000, or by imprisonment in the county jail for a period not to exceed 90 days, or shall be required to perform community service for a period not to exceed (90) days, or both. The continuation of such violation for each successive day shall constitute a separate offense.
B. 
Enforcement of this chapter may be completed by the Construction Official, Secaucus Police Department or their designees.
[Added 2-9-10 by Ord. No. 2010-5; 11-25-14 by Ord. No. 2014-34]
In the event the renter of a dumpster from the Town of Secaucus fails to pay the rental fee, the amount of the unpaid rental fee shall be certified by the Director of the Department of Public Works to the Mayor and Council. The Mayor and Council shall examine such certification and, if found to be correct, shall cause such cost to be charged against any real estate owned by the renter in the Town of Secaucus. The amount charged shall become a lien and a tax upon the real estate or land and be added to, recorded and collected in the manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as taxes.