[Adopted 5-4-2011 by Ord.
No. 13-FY2011; amended 12-6-2017 by Ord. No. 10-2017]
[Amended 12-6-2017 by Ord. No. 10-2017]
The purpose of this Article is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Lawnside and/or the waters of the State so as to
protect public health, safety and welfare, and to prescribe penalties
for failure to comply.
[Amended 12-6-2017 by Ord. No. 10-2017]
For the purpose of this Article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Lawnside or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Amended 12-6-2017 by Ord. No. 10-2017]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semiliquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Lawnside
or to the waters of the State.
[Amended 12-6-2017 by Ord. No. 10-2017]
A.
Permitted temporary demolition/construction containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Amended 12-6-2017 by Ord. No. 10-2017]
A.
Location of containers.
(1)
No container shall be located on any portion of the front yard of
any residential property other than the paved portion of the property's
driveway. A commercial property's container(s) shall be located in
its parking lot. In addition the following pertains to the placement
of containers.
(2)
No container shall be located in such a manner that obstructs the
vision of pedestrians or traffic or prohibits the parking of vehicles
in parking lots.
(3)
The container shall be placed a minimum of five feet from the nearest
publicly owned right-of-way.
(4)
No container shall be placed upon any public right-of-way area, such
as a grass strip, sidewalk, or in any street or roadway.
(5)
No food or flammable or combustible materials or products may be
stored in the containers.
B.
Size limitations. Containers shall be limited to a maximum size of
eight feet in height by eight feet in width by 16 feet in length.
Dumpsters shall be limited to a maximum of a thirty-yard container.
D.
Time limitations. The maximum time that a container may be located
at a residential property is 60 days. An additional 30 days may be
requested in writing for no more than one additional thirty-day time
period. No container or dumpster may be located upon a property more
than 60 days in a twelve-month period. In the case of a fire, water
damage restoration rehabilitation or a substantial rehabilitation
of a property, the maximum amount of time will be six months, provided
that the container will be a fully enclosed dumpster (roll off container
with a lid or rubberized cover).
E.
Permit fee; renewal; display of permit. A permit fee is hereby established
as follows: for each thirty-day period, a written application must
be made to the Borough of Lawnside Construction Code Department by
the owner, occupant, agent, firm or corporation and the permit fee
paid prior to any container being stored at a property. The permit
fee shall be $150, payable to the Borough of Lawnside Construction
Code Department. Prior to the end of the original 30 days, the owner,
occupant, agent, firm or corporation must make written application
to the Department of Inspections for renewal, and the additional renewal
fee as provided of $50 must be paid. The permit shall be posted conspicuously
on the property so it is easily viewable and visible from the street.
[Amended 12-6-2017 by Ord. No. 10-2017]
This Article shall be enforced by the Police and the Code Enforcement
Department of the Borough of Lawnside.
The Borough of Lawnside Construction Code Department shall enforce
the provisions of this chapter. A written notice of violation shall
be served upon the owner, occupant, agent, firm or corporation. The
notice of violation may be posted upon the property. The owner, occupant,
agent, firm or corporation shall comply with the provisions of this
chapter within five days.
[Amended 12-6-2017 by Ord. No. 10-2017]
A.
Any person(s)
who is found to be in violation of the provisions of this article
shall be subject to a fine not to exceed $200.
[Amended 11-7-2018 by Ord. No. 15-2018]
B.
Failure
to comply with the provisions of this Article after notification by
the Lawnside Code Enforcement Department will result in the issuance
of a summons for each section of this article that is in violation.
Each day that the container is in violation will constitute a separate
violation. The penalty for violating any section of this article shall
be one or more of the following: a fine not exceeding $2,000, a term
of imprisonment not exceeding 90 days, or a period of community service
not exceeding 90 days.
[Amended 12-6-2017 by Ord. No. 10-2017]
Each section, subsection, sentence, clause and phrase of this
Article is declared an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this Article to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this Article.
