Prior Section 18-1 was repealed in entirety by Ordinance No. 2014:32.
[Ord. No. 2014:32]
It shall be unlawful for any person, firm or corporation to tear up any of the road surfaces of, or make any excavation in, any of the public streets, avenues, highways or public places in the Borough, for the purpose of constructing surface or subsurface improvements or for the purpose of laying, examining, replacing or repairing of gas mains, water mains, sewers, sewer connections, telephone conduits, electrical conduits, or for any other purpose, except and until the consent, permission and approval thereto, in writing, of the Borough Clerk, after consultation and review by the Superintendent or Assistant Superintendent of the Department of Public Works, is first had and obtained. However, in the case of emergency any Utility (water, gas, electric, cable, telephone, sewer, etc.), resident, property owner or lessee shall not be required to provide the above information in advance of the work, but shall do so within 24 hours thereafter, provided that said Utility, resident, property owner or lessee complies with this section, and makes the payment required by subsection 18-1.2.
[Ord. No. 2014:32]
All applications for permits referred to in this section shall be made to the Borough Clerk and shall specify the full name of the person, firm, partnership, association or corporation to whom the permit is to be granted, the location at which the work is to be done, the character of the work and the length of time considered necessary to complete the work. The application shall be made at least five business days in advance of the proposed road opening. A nonrefundable fee of $100 shall accompany every application to offset the cost of processing the application and inspection subsequent to the road repair.
[Ord. No. 2014:32]
No permit shall be granted unless the sums hereinafter set forth in subsection 18-1.4 shall be paid to the Borough Clerk. These sums shall be held by the Borough Clerk until 12 months after the completion of each improvement, as a security deposit to guarantee the completion of the improvement and the maintenance thereof for 12 months thereafter, pursuant to the terms of the application, in a good and workmanlike manner and in accordance with the specifications and standards of the Borough to the satisfaction of the Mayor and Council. 12 months after such completion, the Borough shall return the deposit to the applicant, provided the work has been properly completed and maintained. Upon failure to complete and maintain the improvement to the satisfaction of the Borough, the Borough may complete and maintain the improvement, using the moneys so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant after 12 months from the date of completion. If the security deposit is insufficient to pay for the cost of remediating the work the person or entity responsible shall be obligated to reimburse the Borough for any excess costs which may be collected in accord with the Borough Code.
[Ord. No. 2014:32; Ord. No. 2015:05]
The permit deposits shall be in the following amounts for each opening excavated, up to 100 square feet of area disturbed.
a. 
For openings on any road paved with concrete: $750, plus $7.50 per square foot over 100 square feet.
b. 
For openings on any road paved with macadam: $500 plus $5.00 per square foot over 100 square feet.
c. 
For openings on any unimproved road or unpaved portion of improved roads: $250 plus $2.50 per square foot over 100 square feet.
d. 
Regulated utilities governed by the New Jersey Board of Public Utilities pursuant to N.J.S.A. Title 48 are exempted from this section, refer to subsection 18-1.10 Utility Road Opening.
[Ord. No. 2014:32]
All excavations, earth, stone, lumber, pipe or other material shall be safely and securely barricaded and further guarded at night by at least two lights, one at each end of the excavation or material, and in any other manner as the Superintendent (or Assistant Superintendent) of Public Works may deem necessary for the reasonable protection of the public from injury.
[Ord. No. 2014:32]
Not more than 1/2 of the trench shall be excavated at one time where the trench will run from one side of the pavement to the other, and the part so excavated shall immediately be backfilled under the supervision of and to the satisfaction of the Superintendent of Public Works (or Assistant Superintendent).
[Ord. No. 2014:32]
The backfilling of the trench shall proceed in the following manner, namely: earth, sand, gravel or broken stone removed from the trench shall be replaced in layers not exceeding twelve (12") inches in depth, and shall be properly compacted. The work of refilling shall continue in this manner until the material is brought up to within twenty-four (24") inches of the finished pavement, any rocks larger than six (6") inches in diameter shall be removed. The first layer shall be 3/4 inch Quarry Processed (QP) rock. The backfilling shall be continued until the top thereof, after being thoroughly compacted, shall be one (1") inch higher than the pavement. No animal or vegetable matter or refuse shall be used or permitted in the backfill, and all refuse or surplus material from the trench shall be removed from the work area immediately after the trench has been excavated. After the fill has thoroughly settled, the road surface shall be restored to a like new condition.
The person or entity conducting this work shall remain responsible for the repair of the resurfaced repair work for a period of one year and shall repair same, if required by the Superintendent (or Assistant Superintendent) of Public Works.
Roadway restoration shall be in accord with the engineering details set forth in Figure 1 for concrete roadways; Figure 2 for macadam roadways and Figure 3 for unimproved roadways. (Figures 1, 2 and 3 may be found as an attachment to this chapter)
Any restoration of a trench or series of openings more than fifteen (15') linear feet shall include restoration in accord with the engineering details found in Figure 1, 2, and 3 as applicable and shall also include the milling and resurfacing of the roadway from curb to curb for the length of the opening.
Any restoration of macadam which is not milled and paved shall be completed using infrared paving to ensure a smooth transition from the adjoining surface.
[Ord. No. 2014:32]
It shall be unlawful for any person, firm or corporation to place any stones, earth, ashes, lumber, pipe or other materials of any description whatsoever upon any road or street so as to interfere with the flow of water along the gutters or so as to interfere with the traffic on the road or street. Any unlawful exercise of this privilege shall be deemed a violation of this section. A violation of this section shall be punishable by a fine of $50 to $250. Nothing herein shall apply to leaves or vegetative waste. The purpose of this subsection is to prevent construction related material from obstructing or interfering with the flow of water.
[Ord. No. 2014:32]
It shall be the duty of the Borough Superintendent of Public Works (or Assistant Superintendent), or such other officer as the Mayor and Council may designate, to ascertain whether permits have been issued covering each operation, supervise all excavations, backfilling and restoration as provided herein.
[Ord. No. 2014:32; Ord. No. 2015:05]
All utilities regulated by New Jersey Board of Public Utilities under Title 48 which open roads in the Borough of New Milford shall pay a non-refundable application fee of $100.00 per road opening. Said payment shall be sent to the Borough Clerk within 24 hours of completion of the utility work related to the road opening. Roadways opened by utilities shall be returned to a like new condition as set forth in subsection 18-1.7. Infrared heat paving devices shall be used to the satisfaction of the Superintendent of Public Works (or Assistant Superintendent) or his/her designee.
Roadway repair material shall be of the same material as the roadway, e.g., concrete roads shall be repaired with concrete and asphalt replaced with asphalt.
Within 90 days of completion of all road opening repair the Borough shall advise the utility if the closing is satisfactory or not, and if not, a directive of corrective action shall be included. Repairs made subsequent to notice from the Borough of unsatisfactory repairs shall be concluded within 30 days of notice. If repairs are not made within 30 days and/or the repair is not done to the satisfaction of the Borough Superintendent of Public Works (or Assistant Superintendent) or his/her designee then the Borough may cause the repair work to be done and use the escrow to pay for same. In such event the utility shall replenish the escrow within 30 days of notice from the Borough.
All utilities servicing the Borough of New Milford shall post a cash bond in the amount of $2,500 with the Borough Clerk to be held in a non-interest bearing escrow account to be held in perpetuity to pay the cost of application fees and repair to road openings done in an unsatisfactory manner. If this bond is diminished by utilization for restoration or payment of application fees the utility shall deposit additional funds sufficient to bring the balance of the cash bond to $2,500 within 10 days of receipt of a Notice of Deficiency sent by the Borough of New Milford.
[Ord. No. 2014:32]
Any person, firm or corporation violating any of the provisions of this section, or neglecting or refusing to comply with any of the terms or conditions hereof, shall upon conviction, be liable to as follows:
a. 
Failure to deposit performance bond: The amount set forth in subsection 18-1.4, plus $100.00.
b. 
Opening a roadway without a permit and/or failing to comply with the provisions for filing an application for emergent work within 24 hours of conducting the work: The amount set forth in subsection 18-1.4, plus $100.00.
c. 
Failure to restore roadway as required: The amount set forth in subsection 18-1.4, plus $100.00.
Each and every nonconformance of this section, or each day that any provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.
[1968 Code § 81-1]
No person, firm or corporation shall lay out, open, grade or pave any public street, avenue or other public thoroughfare, nor construct or install therein any curbs, gutters, sidewalks, sanitary sewer, storm drain or other improvement, without first having obtained from the Mayor and Council written authority to do the same.
[1968 Code § 81-2]
The Borough Engineers must design, lay out and supervise the construction of all improvements mentioned herein made in connection with a major subdivision, and on all other improvement projects the Borough Engineers shall approve the plans and certify the proper completion thereof to the Mayor and Council. The applicant shall be obligated to pay the Borough for the reasonable cost of the engineering fees, which fees shall be established with the consent of the Mayor and Council and shall be paid in advance of the engineering services.
[1968 Code § 81-3]
All improvements made hereunder shall be inspected by such persons as may be designated by the Borough Superintendent of Public Works, and the applicant shall pay in advance to the Borough, by certified check, the amount estimated by the Borough Engineers to cover the inspection fees. The charge shall be reasonable and established by the Mayor and Council. In the event the charge has been overestimated, at the completion of the work, the applicant shall receive a refund of the overpayment. If the charge has been underestimated, the applicant shall be required to make an additional deposit of money with the Borough to cover such underpayment.
[1968 Code § 81-4]
The Borough Engineers or the applicant, as the case may be, shall furnish final plans, profiles and grade maps as follows:
a. 
One white print for Borough Engineers.
b. 
One white print for the Superintendent of Public Works.
c. 
One white print for Borough Clerk.
[1968 Code § 81-5]
Before a permit is granted by the Mayor and Council, the applicant shall be required to furnish a performance bond with sufficient surety, conditioned upon the completion of such improvement or improvements to the satisfaction of, and within the time designated by the Mayor and Council, and further conditioned upon the furnishing of a maintenance bond with sufficient surety in an amount of 1/4 of the sum of the performance bond, to maintain such improvement or improvements against defective workmanship and material and inherent defects due to faulty workmanship or material for a period of 18 months from the date of the completion and acceptance of such improvement or improvements. The performance bond shall be in such amount as estimated by the Borough Engineers to cover the costs of the improvement or improvements, and all expenses incidental thereto, plus 25% over and above the amount. In lieu of the bonds, the applicant may deposit cash in sums equal to the amounts, which would otherwise be secured by the bonds aforesaid; and upon failure of the applicant to complete or maintain such improvement or improvements to the satisfaction of the Borough, the Borough may complete or maintain said work, using the money so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant. Fees for the examination and review of the aforementioned bonds shall be paid to the Borough Attorney by the applicant.
[1968 Code § 81-6]
Upon certification of the plans, profiles and grade maps by the Borough Engineers, and their certification of such approval to the Mayor and Council, and upon it further appearing that there has been compliance with all the regulations and requirements hereunder, a permit will be issued to the applicant to proceed with the proposed work.
[1968 Code § 81-7]
All works for which permission has been given hereunder shall conform with the specifications entitled, "Standard Specifications for the Borough of New Milford, Bergen County, New Jersey," on file in the office of the Borough Clerk.
[1968 Code § 81-8]
No improvement shall be accepted by resolution of the Mayor and Council as having been satisfactorily completed until the Borough Engineers and Superintendent of Public Works certify, in writing, to the Mayor and Council that the work has been completed in accordance with the plans, profiles, grade maps and the specifications mentioned in subsection 18-2.4.
[1968 Code § 81-9; New]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every nonconformance of this section, or each day that any provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.
[1968 Code § 81-48]
No person shall erect or cause to be erected a fence within ten (10') feet of any roadway and within twenty-five (25') feet of the intersection of two roadways in the Borough without first obtaining permission and approval therefor from the Borough Chief of Police, who shall grant approval only where there is reasonable assurance that the fence will not impair the public safety.
[1968 Code § 81-49; amended 1-24-2022 by Ord. No. 2022:03]
In the event that the Borough Chief of Police determines that it is necessary and expedient for the preservation of the public safety to keep cut to a height of not more than 2 1/2 feet any brush, shrub or plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways in the Borough, the Chief of Police, or his/her designee, or the Property Maintenance Officer, or his/her designee, shall send by registered mail notice thereof, with their reasons, to the last known address of the owner or the tenant in possession of the lands, who shall thereby be obligated to perform the required cutting within 15 days of the date of mailing of the notice.
[1968 Code § 81-50]
The owner or tenant in possession who receives a notice from the Chief of Police to cut brush, hedges or other plant life may appeal to the Mayor and Council by filing a notice of appeal with the Chief of Police and the Borough Clerk within the 15 days from the date of the mailing of the written notice by the Chief of Police, which appeal shall stay any act of cutting until a decision is rendered by the Mayor and Council.
[1968 Code § 81-51]
If the owner or tenant in possession shall have refused or neglected to cut the brush, hedges or other plant life within the time or times hereinabove provided for, it shall be lawful for the Superintendent of Public Works to cause or arrange for the cutting of the same, under his direction, and the cost thereof shall be certified to the Mayor and Council.
[1968 Code § 81-52]
The Mayor and Council, upon receipt of such certified costs, shall examine the same, and if found correct, shall cause the costs to be charged against said lands, or if the Mayor and Council deem such costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
[1968 Code § 81-53; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1968 Code § 81-12]
No concrete curb, sidewalk or driveway shall be laid or repaired within the confines of any public street in the Borough unless the same is of the quality specified in this section and is laid by a duly licensed person.
[1968 Code § 81-13; Ord. No. 92:16 § 1]
Any person desiring to lay or repair a concrete curb, sidewalk or driveway within the Borough shall first apply for a permit therefor from the Construction Official, which permit shall specify the lot and block, where the work is to be done, the owner of the lot and block and by whom the work shall be done.
[1968 Code § 81-14]
All concrete sidewalks and driveways shall be placed on a bed of cinders not less than four (4") inches deep after compaction. The sidewalk shall be four (4") inches and driveways six (6") inches in depth, built in one course, and of a concrete which will show a compressive strength of 3,500 pounds per square inch after 28 days, when tested under standard conditions.
[1968 Code § 81-15]
Both sidewalks and driveways shall be properly divided into blocks five (5') feet long, completely separated from the adjoining blocks.
[1968 Code § 81-16; Ord. No. 73:9]
a. 
Concrete curbs shall be six (6") inches wide on top, nine (9") inches at the bottom and eighteen (18") inches in depth; the vertical face shall be at the back of the curb. They shall be divided into sections not longer than ten (10') feet, and shall be built of a concrete which will show a compressive strength of 3,500 pounds per square inch after 28 days, when tested under standard conditions.
b. 
When a curb cut is to be made in an existing curb, the portion of the curb at the driveway crossing shall be broken four (4") inches below the road surface for the full length of the curb section. All driveway aprons shall be installed in accordance with sidewalk specifications and grades.
[1968 Code § 81-17; Ord. No. 92:16 § 2; Ord. No. 2010:09 §§ 1,2]
a. 
No person shall lower the curb or change the grade of the sidewalk for the purpose of providing a driveway across such sidewalk without having obtained a permit therefor from the Construction Official.
b. 
The maximum width of all driveways in business districts is hereby established to be twenty-five (25') feet. Where the total front width of a lot in a residential district is seventy-five (75') feet or more, the maximum width of all driveways shall not exceed twenty (20') feet in width. Where the front width of such lots is less than seventy-five (75') feet, maximum driveway width shall not exceed 20% of the front lot width. The Superintendent of Public Works is hereby authorized to order lesser widths for any or all driveways in the Borough when, at his discretion, public safety requires it.
[1968 Code § 81-18; Ord. No. 92:16 § 3]
Concrete shall not be placed in curb or sidewalk forms until the forms have been inspected and approved for line, grade and depth by the Superintendent or Deputy Superintendent of the Department of Public Works.
[1968 Code § 81-19; Ord. No. 92:16 § 4]
a. 
The contractor or person in charge of pouring any concrete shall notify the Department of Public Works while pouring any concrete so that a sample of the concrete may be taken.
[Ord. No. 2001:12; Ord. No. 2017:08]
a. 
Definition.
APRON
Shall mean a structure to be placed and/or a structure existing in the area of the ground between the sidewalk and the curb, or if no curb exists then in the area between the sidewalk and the street; or, if no sidewalk and no curb exists, then in the first thirty (30") inches running perpendicular from the street to and/or through the front yard boundary line of any property or; if no sidewalk exists, but a curb exists then in the first thirty (30") inches running perpendicular from the curb to and/or through the front yard boundary line of any property, whether pitched from the sidewalk to the street or level with the street.
b. 
On any property that has an existing sidewalk and if no curb exists, any apron installed pursuant to this subsection shall measure no less than twenty-eight (28") inches.
c. 
On any property that has an existing curb or does not have an existing curb and if no sidewalk exists, any apron installed pursuant to this subsection shall measure no less than twenty-eight (28") inches.
d. 
On any property that has an existing curb and sidewalk, any apron installed pursuant to this subsection shall connect the sidewalk to the curb, regardless of the distance between the two.
e. 
Permit Required for Construction. No person shall install a new driveway, expand an existing driveway, remove and replace an existing driveway and/or remove an existing driveway apron servicing an existing driveway without acquiring a permit to install a new driveway apron and without making the apron conform with the requirements of this subsection. The permit acquired to install a new driveway, expand an existing driveway, remove and replace an existing driveway shall include a permit to install a driveway apron and any person seeking said permit must make the apron conform with the requirements of this subsection. Persons wishing only to remove a driveway apron servicing an existing driveway must acquire a permit to remove and replace a driveway apron.
f. 
Installation of Apron; Depths; Compression Strength. No person shall install a driveway apron unless it is placed on a compacted surface not less than six (6") inches once compacted, unless the concrete portion of said apron is six (6") inches deep and unless the concrete has a compression strength of four thousand pounds per square inch (4,000 psi) after 28 days of curing.
g. 
Removal of Driveways and Aprons. No person removing and not replacing an existing driveway and driveway apron is required to install a driveway apron in conformance with this subsection but must acquire a permit and close the curb cut, if a curb exists, in conformance with subsection 18-4.5 of this chapter. If no curb exists, said person must acquire a permit to remove the existing driveway and/or driveway apron and must install topsoil in place of the driveway apron, once removed, and must grade and seed the area where the driveway apron has been removed so as to conform to the topography of the ground juxtaposed to the existing driveway apron on all sides. Said person must also install topsoil in place of the driveway, once removed, and must grade and seed the area where the driveway has been removed so as to conform to the topography of the ground juxtaposed to the existing driveway on all sides.
h. 
Registration of Contractors. No contractor may install a driveway or driveway apron, and/or remove a driveway and/or driveway apron unless he or she or his or her company is registered with the Borough of New Milford.
i. 
No continued certificate of occupancy shall be granted by the Code Enforcement Officer unless and until an apron, as provided in this section, has been completed, inspected and approved as to the location, grade, materials and workmanship by the Code Enforcement Officer and in the event of a dispute the Borough Engineer shall make the final determination.
[1]
Editor's Note: Former subsection 18-4.9, Imprint Required, previously codified herein and containing portions of 1968 Code § 81-20 was repealed in its entirety by Ordinance No. 92:16.
[1968 Code § 81-21]
The concrete shall be placed in a workmanlike manner with a smooth wood float and brush finish, and shall be properly cured and protected against sun and frost.
[1968 Code § 81-22; Ord. No. 92:16 § 6]
Contractors shall comply with Section 4-2 of the Code of the Borough of New Milford.
[1]
Editor's Note: Former subsection 18-4.12, Fees, previously codified herein and containing 1968 Code § 18-23 was repealed in its entirety by Ordinance No. 92:16.
[1968 Code § 81-24]
The contractor shall assume full responsibility for materials and equipment employed in the construction of any project and agrees to make no claims against the Borough for damages to such materials and equipment from any cause whatsoever. Until its final acceptance, the contractor shall be responsible for damage to or destruction of the project, or any part thereof, due to any cause whatsoever. He shall make good all work damaged or destroyed before the final acceptance, and the cost thereof shall be included in the prices bid for the various items scheduled in the proposal.
[Ord. No. 75:10; Ord. No. 2017:08]
a. 
No person shall hereafter erect any dwelling, business or industrial or other building in the Borough without constructing in connection therewith a sidewalk and curb in the street fronting the building lot, in accordance with the provisions of this chapter.
b. 
In special cases on unimproved roads or streets, or other streets where sidewalks do not presently exist, the Mayor and Council may, upon recommendation of the Planning Board, grant an exception to the sidewalk requirement of this subsection.
c. 
Every applicant for a building permit shall indicate on his plot plan all existing or proposed curbs and sidewalks and shall make no subsequent deviations therefrom without the approval of the Borough Engineer and the Code Enforcement Official.
d. 
All sidewalks and curbs shall be built to lines and grades first approved by the Borough Engineer.
e. 
No certificate of occupancy shall be granted by the Code Enforcement Officer unless and until the premises shall be completed and curbs, sidewalks and apron, as provided in this section, have been completed, inspected and approved as to location, grade, materials and workmanship by the Code Enforcement Officer, and in the event of a dispute the Borough Engineer shall make the final determination.
[Ord. No. 75:10]
The owner or occupant of premises abutting any stone or concrete sidewalk shall maintain such sidewalk at all times in a good and passable condition at a grade which will prevent water from accumulating thereon, and shall replace any portion thereof which becomes broken, and shall maintain the same so that the joints thereof are even. The surface of all concrete sidewalks shall be kept properly roughened so as not to become smooth and slippery.
[Ord. No. 75:10]
In case any sidewalk becomes out of repair, the owner or occupant of the lands abutting such sidewalk shall, upon receipt of written notice from the Superintendent of Public Works or Borough Engineer, repair or cause the same to be repaired and made in a good and passable condition and conform with requirements of the preceding section.
[Ord. No. 75:10]
Any person doing or causing any injury or damage to any street, curb, sidewalk or sidewalk area shall cause the same to be repaired.
[Ord. No. 75:10]
In the event any sidewalk and/or curb becomes out of repair and notice to repair the same is given by the Superintendent of Public Works to the adjoining owner, and the notice is not complied with, the Borough may proceed to have the sidewalk and/or curb repaired in accordance with N.J.S.A. 40:65-1 et seq.
[1968 Code § 81-25; New]
Any person, firm or corporation violating the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1968 Code § 81-58]
As used in this section:
SIDEWALK
Shall mean all that portion of a street, avenue or highway lying between the curbline and the nearest boundary of the street under consideration.
[1968 Code § 81-56]
It shall be unlawful for any person, persons or corporation to place upon or permit to be placed upon any sidewalk adjoining any lands of which he, they or it is or are the owner or owners, occupant or occupants, any object that shall in any manner encumber such sidewalk or in any manner impede or interfere with or render dangerous or unsafe travel upon the same.
[1968 Code § 81-57]
It shall be unlawful for any person, persons or corporation to place upon any sidewalk or roadway any article or articles for the purpose of exhibiting the same for sale or inspection.
[1968 Code § 81-59; New]
Any person, firm or corporation violating any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 91:26 § I; Ord. No. 93:03 § 1]
It shall be unlawful for any person to park or leave unattended any waste or refuse container commonly known as a roll-off dumpster or roll-off container on or along any highway or public property without the written consent of the Police Chief of the Borough of New Milford or his designee.
[Ord. No. 91:26 § II]
a. 
Any person wishing to place a roll-off dumpster or container on or along a public highway, street or property shall apply to the Borough of New Milford, upon an application as provided, setting forth the dates upon which the dumpster will be used, the area where it is to be located, owner of the dumpster or container and person utilizing same and any other pertinent information requested.
b. 
Applicant shall pay a fifty ($50.00) dollar permit fee to be submitted with the application.
c. 
The permit issued shall be effective for no more than 30 days but may be renewed upon application therefor.
[Ord. No. 91:26 § III]
a. 
To warn operators of vehicles of the presence of a traffic hazard requiring the exercise of unusual care, any roll-off dumpster or roll-off container parked on or along a highway will be equipped with the following:
1. 
Display markers consisting of all yellow reflective diamond shaped panels having a minimum size of eighteen (18") inches.
2. 
The panels shall be mounted at the edge of the dumpster or container at both ends nearest to the path of passing vehicles and facing the direction of oncoming traffic.
3. 
The markers shall have a minimum mounting height of three feet from the bottom of the panels to the surface of the roadway.
[Ord. No. 91:26 § IV]
a. 
A person who is convicted of a violation of this section shall pay a fine of not more than $100 for each violation. A violation is each day that the dumpster is left without the proper permit.
b. 
The fine shall be paid over to the board or body charged with maintaining the road or highway upon which the dumpster is located.
c. 
In default of payment of a fine, an imprisonment in the County Jail for a period of not more than 90 days may be imposed.
[Ord. No. 91:26 § V]
The provisions of this section are established in accordance with N.J.S.A. 27:51-1.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 2008:18.
[Ord. No. 2009:10]
The following restrictions shall apply in all residential zones.
a. 
The placement and use of portable storage containers and/or similar devices, as defined in this section, or similar containers or structures that are designed for the disposal of trash or the storage of household items and have a capacity of one cubic yard or more shall be prohibited in any residential zone for more than 30 days unless approved by the Construction Official or his designee and is incident to an active building permit properly issued by the Borough for the property.
b. 
Temporary storage units shall not exceed 20 feet in length nor more than 10 feet in height;
c. 
Signage. All temporary storage units shall have prominently displayed the name, address and telephone number of the owner in lettering at least four inches in height;
d. 
Each temporary storage unit must have night reflectors and/or safety markings on the front and rear surfaces for night safety to indicate the height and width of same;
e. 
When not in use, temporary storage units must be kept locked;
f. 
Temporary storage units shall not be located within the front yard of any property;
g. 
Use without a building permit is not to exceed 30 days from date of delivery;
h. 
Use with an active building permit is not to exceed 90 days from date of delivery;
i. 
No temporary storage unit shall contain any flammable, combustible, toxic or hazardous materials.
j. 
Upon reasonable notice, the permit holder shall permit the inspection of any temporary storage unit by any municipal official for compliance with this section.
[Ord. No. 2009:10]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein.
PORTABLE STORAGE CONTAINER
Shall mean any container or unit rented or owned by the owner of occupant of the property that is designed to hold household or personal items on a temporary basis during a period of home repair, construction, renovation or relocation, and to be transported to and stored by a private moving or storage company at a centralized storage warehouse or facility.
[Ord. No. 2009:10]
Prior to the delivery and use of any temporary storage container, an application must be made to the Borough of New Milford Building Department for a permit allowing for the delivery and use of such storage container. Permits issued shall allow for the use of such temporary storage container for a period a limited period of time not to exceed 30 days, unless such use is incident to an active building permit.
[Ord. No. 2009:10]
There shall be a permit application and review fee charged in the amount of $75 for a 30 day permit and a two hundred ($200.00) dollar fee for a 90 day permit incident to an active building permit.
[Ord. No. 2009:10]
This section shall be enforced by the Borough of New Milford Police Department, Construction Code Official, Property Maintenance Officer or any such employee or department of the Borough as designated in writing by the Borough Administrator.
[Ord. No. 2009:10]
Any person, corporation and/or entity violating or neglecting to comply with any provision of this section, shall be subject to a fine in accordance with the General Penalty Ordinance (Chapter 1, Section 1-5) of the Borough of New Milford.