[Adopted 8-11-2009 by Ord. No. 2009-1308 (Ch. 86, Art. II, of the 1966 Code)]
For the purposes of this article, the following terms, wherever used or referred to, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
CONSTRUCTION DUMPSTER
A roll-off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.
PORTABLE ON-DEMAND STORAGE UNIT
A container designed, constructed and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property.
STORAGE TRAILER
Trucks, trailers, and other vehicles or parts of vehicles designed to be hitched and attached to trucks, tractors or other vehicles for movement from place to place and used as temporary exterior storage units.
TEMPORARY EXTERIOR STORAGE UNIT
Any storage trailer, portable on-demand storage unit, or similar unit or device designed to be placed outside of a building or structure and to temporarily store personal property, excluding construction dumpsters and similar waste receptacles.
A. 
It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit which:
(1) 
Is not secured or which is accessible to others not using the unit;
(2) 
Lacks verminproof floors or otherwise permits rat and vermin harborage; or
(3) 
Is not in a state of good repair and alignment and is not free from nuisance.
B. 
It shall be unlawful for any person to park, place, or suffer placement of a temporary exterior storage unit:
(1) 
In or upon any street, highway, roadway, designated fire lane or sidewalk in the Borough;
(2) 
On any lot or property in the Borough other than on a concrete, asphalt or other improved surface;
(3) 
On any lot or property in the Borough used for commercial purposes or containing three or more dwelling units, in such a way as to block or interfere with access to a garage or off-street parking areas;
(4) 
In a manner that interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties;
(5) 
In a manner that obstructs the light or air of any dwelling unit;
(6) 
In a manner that obstructs safe means of access to or from any dwelling;
(7) 
In a manner that creates fire or safety hazards; or
(8) 
That displays advertising, other than the identification of the manufacturer or operator of the unit.
C. 
No temporary exterior storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential property where the temporary exterior storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the applicant, the Borough of Montvale may inspect the contents of the temporary exterior storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a temporary exterior storage unit be used for any of these purposes.
D. 
It shall be unlawful for any person to park, place, or suffer placement of a temporary exterior storage unit on any lot or property in the Borough without having obtained a permit or in violation of the permit conditions as provided in this article.
No person shall park, place or suffer placement of a temporary exterior storage unit without first obtaining a permit from the Borough Clerk. The permit shall specify the time period, not exceeding 14 days, during which the unit may be kept on the property. The following conditions shall apply:
A. 
The permit shall be obtained prior to setting the unit on the property and shall be displayed in a weatherproof manner on the unit.
B. 
There shall be a maximum of one unit per property at any time.
C. 
No more than three permits may be issued for any lot or parcel of property in any twelve-month period.
D. 
The permit shall specify where the unit is to be situated on the property, which shall be on a driveway or other paved surface at a point farthest from the street, preferably to the rear of the principal building lot.
E. 
The size of the unit shall not exceed:
(1) 
A height of eight feet; and
(2) 
A size of 130 square feet.
F. 
The application fee for the permit shall be $25 for each fourteen-day period. Extension of a permit will cost $25 for each extension period granted.
A. 
Violations and enforcement.
(1) 
Any temporary exterior storage unit located within the Borough of Montvale without approval pursuant to this article shall be subject to the penalties set forth below.
(2) 
The Borough of Montvale Construction Official, Fire Official and the Montvale Police Department shall be responsible for enforcing the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Any temporary exterior storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such unit for safety reasons, may be removed by the Borough immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the unit was located and may be filed as a lien against the property by the Borough Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage and taxes.
(4) 
Any temporary exterior storage unit not in compliance with this article is and shall be declared to be a public nuisance and may be abated by the Borough at the owner's or responsible person's expense. Abatement shall, at the Borough's option, include the removal and/or the emptying of the dumpster.
B. 
Penalties.
(1) 
Any person, corporation or partnership that violates any provision(s) of this article shall be subject to fines and penalties, as follows:
(a) 
For the first violation: a fine of $100 per day, per violation.
(b) 
For the second violation: a fine of $250 per day, per violation.
(c) 
For the third or any subsequent violation: a fine of $500 per day, per violation.
(2) 
In addition, any person, corporation or partnership found guilty of a violation of this article shall be ordered to abate the problem and pay the cost incurred by the Borough if the Borough abated the problem.