[Added 11-22-2022 by Ord. No. 2022-11[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. XIV, General Provisions, as Art. XV, and former §§ 87-45 and 87-46 therein as §§ 87-53 and 87-54, respectively.
The purpose of this article is to regulate the use and placement of dumpsters and portable storage containers in public areas located within the Borough of Woodstown.
A. 
Application for a dumpster or portable storage container permit shall be made by submission of the following information to the Woodstown Police Department:
(1) 
Name and address of the applicant.
(2) 
Name and address of the dumpster or portable storage container company.
(3) 
Size of the dumpster or portable storage container to be placed and the proposed location of the dumpster or portable storage container.
(4) 
Anticipated length of time the dumpster or portable storage container will be located at the site.
B. 
The permit shall be valid for a period of seven days and may be renewed upon application to the Police Department for an additional seven-day period.
C. 
A permit may be revoked at any time during its term if the placement or use of the dumpster or portable storage container constitutes a hazard to the health, safety or welfare of the citizens of the Borough or for any other reason that constitutes a nuisance.
D. 
No permit shall be issued if the Police Department determines that the issuance of a permit will constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
A. 
No dumpster or portable storage container shall be placed in a public area unless it is determined by the Police Department that there is sufficient room for the dumpster or portable storage container. No dumpster or portable storage container shall impede the flow of pedestrian or vehicular traffic or safety sight lines.
B. 
The dumpster shall be equipped with markers consisting of reflective diamond-shaped panels measuring a minimum of 18 inches by 18 inches. These panels shall be mounted at the edge of the dumpster at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. The required markers shall have a minimum height of three feet from the bottom of the panels to the surface of the roadway. Additionally, two traffic cones shall be placed at the rear of the dumpster or portable storage container.
C. 
Dumpsters and portable storage containers shall at all times be kept in good repair and shall be structurally sound and leakproof and shall be painted as to prevent the show of rust or deterioration and shall be constructed to stand firmly upright.
D. 
Upon removal of a dumpster, the area shall be swept clean of all loose debris and restored to its former condition in accordance with the standards of the Public Works Supervisor.
E. 
The applicant shall be responsible for any damage to the roadway or other property caused by the placement of the container.
F. 
The waste or refuse to be placed in a dumpster shall be only the waste or refuse generated by construction, reconstruction and/or rehabilitation of structure(s) at the property site for which the application is submitted or approved.
G. 
No dumpster shall be overfilled with debris whereby the contents exceed the top of the container. Any full container shall be removed within two business days of becoming full, unless for the purposes of the health, safety and welfare of the community an earlier removal is warranted.
If the dumpster or portable storage container is not removed at the expiration of the time allowed by the permit, the Woodstown Police Department shall notify the owner that he/she has three days in which to have the dumpster or portable storage container removed. In the event the owner fails to comply, the dumpster or portable storage container shall be deemed to have been abandoned, and the Police Department may arrange for its removal and the disposal of its contents. The costs associated with the removal of the dumpster or portable storage container and the disposal of its contents shall be a municipal lien against the property in which the dumpster or portable storage container is being used. A detailed statement of the aforesaid costs shall be certified by the Police Department and forwarded to the Borough Council, which shall examine the certification and, if found correct, shall cause the same to be filed with the Tax Collector and a copy forwarded to the property owner. This amount shall be charged against the land and shall become a lien upon such lands and shall bear interest at the same rate as taxes and shall be collected and enforced by the Tax Collector.
All dumpsters that are outdoors or exposed to stormwater shall be covered at all times to prohibit the spilling, dumping, leaking, or other discharge of liquids, semiliquids or solids from the containers to the municipal storm sewer system operated by the Borough of Woodstown and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purposes of this article, the following definitions shall apply:
DUMPSTER
A container used on a temporary basis for the disposal of waste or refuse generated by the construction, reconstruction and/or rehabilitation of buildings and structures in private areas located within the Borough of Woodstown. Dumpsters shall include any metal container, including, but not limited to, containers commonly known as "front-loading, rear-loading or roll-off containers," used for bulk carting or hauling of garbage, ashes, offal, refuse or debris of whatever kind, having a capacity in excess of one cubic yard. "Dumpster" shall not include a metal container used for such purpose, which can be easily handled by one person without the aid of hydraulic or similar lifting devices.
PORTABLE STORAGE CONTAINER
Any container designed for the outdoor storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by vehicle.
PUBLIC AREA
All streets, roads, highways, sidewalks, rights-of-way, easements in favor of the Borough of Woodstown, public parks, parking areas owned by the Borough of Woodstown, playgrounds, trails, paths and other recreational areas, public open spaces and sites for schools and other public buildings and structures.
The processing fee for the initial application and permit and any renewal permits shall be $10 for each seven-calendar-day period.
Any person, firm, association or corporation violating any section of this Article XIV shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both. For purposes of sentencing, each separate act shall be considered a separate violation.