[HISTORY: Adopted by the Township Committee of the Township
of Oldmans 10-12-2022 by Ord. No. 2022-05. Amendments noted where applicable.]
The purpose of this chapter is to define an "outdoor storage/cargo
container" and to prohibit the use of such cargo containers in residential
zoning districts. Cargo containers are not constructed or intended
to be located in residential neighborhoods and, if placed in these
neighborhoods, are not compatible with surrounding land uses and community
character. The Township Committee of the Township of Oldmans further
finds and determines that these amendments are reasonable and necessary
for the public health, safety, convenience and welfare and are consistent
with the Township Master Plan and purposes of the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.).
As used in this chapter, the following terms shall have the
meanings indicated:
A trailer, portable temporary container, or portable structure,
with or without axles and wheels, intended to support construction
activity at a site with an active building permit.
An industrial, standardized reusable outdoor storage/shipping
container:
Originally, specifically or formally designed for or used in
the packing, shipping, movement or transportation of freight, articles,
goods or commodities and presently utilized for those purposes or
for storage of household items; and/or
Designed for or capable of being mounted or moved on a rail
car; and/or
Designed for or capable of being mounted on a chassis or bogie
for movement by truck or trailer or loaded on a ship; and/or
Being of heavy-gauge-steel construction, aluminum or a composite
material.
A portable containerized property storage facility or unit,
not exceeding 10 feet in length, intended to be utilized upon the
exterior of residential premises for the purpose of storing all types
of items of personal and household property either for pure storage
or to facilitate the moving of persons from household unit to household
unit, with the understanding that such unit, after a reasonable period
of time for loading, will be moved to commercial storage facilities.
Such unit shall be removed in the time frame as provided. A PCPSF
is commonly referred to as a "POD®."
A self-storage container that is delivered to and retrieved
from a home or business for long-term off site or on-site storage.
"Portable Storage on Demand," or "PODS®," is a familiar trade name for such containers. These containers
are not on a chassis and do not have axles or wheels. Portable storage
containers are containers loaded with materials and placed on a property
authorized for residential use for the purpose of temporarily storing
materials, including any container, storage unit, shed-like container
or other portable structure that can be or is used for the storage
of personal property of any kind and which is located for such purposes
outside an enclosed building other than an accessory building or shed,
complying with all building codes and land use requirements.
A portable storage container or trailer that does not have a
permanent foundation or footing and which includes portable storage
containers, construction trailers, and bulk solid waste containers.
Such structures shall not be considered a building or accessory structure.
The act of storing goods or the state of being stored; a
space for storing goods.
A.
Permitted temporary uses. Portable storage containers may be utilized as a temporary structure within the Township when in compliance with the standards of this section. It shall be the obligation of the owner and/or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. Any use of such containers within the Township not in compliance with this section shall be unlawful except that containers located on properties at the time of enactment of this chapter may remain on said property until such time as there is a change in either ownership or occupancy. Such change shall require the property be brought into compliance with this chapter, in its entirety. Failure to do so will result in the penalties delineated in § 155-8 below.
B.
Properties with a minimum of five acres that are designated as farmland
assessed per the Oldmans Township Tax Assessor are exempt from this
chapter.
A.
Location. Portable storage containers are prohibited from being placed
in streets, public rights-of-way, or on unimproved surfaces in the
front yard of a property and may only be placed upon driveways.
B.
Temporary storage containers shall only be permitted in village residential,
village commercial, residential and agricultural residential zones
according to the requirements established herein.
C.
Placement and maintenance requirements in residential zones; waivers.
(1)
In residential zones, (village residential, village commercial, residential
and agricultural residential) no temporary storage container shall
be placed or maintained on any private property unless it complies
with one or more of the followings provisions:
(a)
One temporary storage container may be placed or maintained
on a paved driveway for not more than 30 calendar days for the purpose
of packing or unpacking goods and materials of the owner or occupant
of the property in preparation for or subsequent to moving into or
out of the property.
(b)
One temporary storage container may be placed or maintained
on a paved driveway for the purpose of storing goods and materials
of the owner or occupant of the property when necessary during renovation
or rehabilitation of the structure located on the premises in which
the goods and materials would otherwise be located during the period
of renovation or rehabilitation and up to 14 calendar days prior to
commencement and 14 calendar days subsequent to completion of the
work but in no event more than a total of 120 calendar days. Said
renovation or rehabilitation must be accompanied by the issuance of
building permits from the Township Construction Office.
(c)
The temporary self-storage container situated on residential
property shall only be used for the storage of personal property,
furniture and household items normally located on or in a residential
dwelling or premises and shall, upon written notification of the Township
be subject to inspection.
(d)
Number of portable storage containers. Only one temporary portable
storage container may be placed at any residential property at one
time.
(e)
Size of portable storage container. A portable storage container
may not exceed 10 feet in height, 10 feet in width or 20 feet in length.
(f)
All access doors shall be secured with locks.
(g)
Any container located on a driveway shall be so placed in a
manner to ensure stability. If, in the opinion of the Zoning Officer,
the location is sufficiently near a public vehicular or pedestrian
path, the Zoning Officer, in its sole discretion, may require suitable
safety markings. In no case shall a container be placed in any location
or sight triangle to impede the flow or safety of vehicular and pedestrian
traffic.
(2)
Failure to comply. Failure to comply shall constitute a nuisance
which may be abated by the Township pursuant to its statutory authorization
under N.J.S.A. 40:48-2.12a. This shall be in addition to any penalty
to be imposed under this chapter by the Zoning Officer.
A.
Portable storage containers may be located as a temporary storage
container on property within the Township for a period not exceeding
30 days in duration from time of delivery to time of removal. Such
temporary container may not be located on the same specific property
more than two times in any given one-year period.
B.
In the event of high winds or other weather conditions in which such
container may become a physical danger to persons or property, the
Zoning Officer or a code enforcement officer may require the immediate
removal of such temporary container.
C.
In the event of fire, hurricane or natural disaster causing substantial
damage to a structure, the property owner may apply to the Township
for permission to extend the time that a portable storage container
may be located as a temporary structure on the property. Application
for such extended duration shall be made in writing and filed with
the Zoning Officer and shall give sufficient information to determine
whether such extended duration should be granted. The Zoning Officer
shall determine whether or not to grant such extended duration and
the length of such extension. In the event of an adverse decision
by the Zoning Officer, the applicant may appeal such decision to the
Township Committee. In the event of such appeal, the decision of the
Township Committee shall be final.
A.
Permit required; application; fee. Before a temporary portable storage
container is placed on any property, the owner, tenant or contractor
working on the subject property must submit an application for a Zoning
permit approving such placement from the Zoning Officer. If the permit
application is made by a tenant or contractor, written permission
of the owner of the subject property for the placement of such portable
storage container on the subject property must be provided to the
Zoning Officer before a permit is issued. Permits shall be issued
for a time period of 30 days. The fee for the permit is $10.
B.
Any permit issued for placement of a container shall include a sticker
which is to be prominently displayed on the inside of the residential
dwelling's first floor window closest to the front door and visible
for inspection by the Township. The permit shall indicate the commencement
and expiration date of the permit.
C.
Extensions.
(1)
Upon a written showing of continued need for the container (such
as during the course of major construction projects), permits may
be extended at the discretion of the Zoning Officer. In making a determination
on an extension request, the Zoning Officer shall consider:
(a)
The length of time the container has been in place;
(b)
The reason for the container;
(c)
The visual impact, nature of the neighborhood and similar issues;
(d)
Whether noise, litter or similar quality of life problems have
been associated with the use of the container;
(e)
Whether there has been a delay in completing the work;
(f)
The additional time reasonably necessary to complete the project;
and
(g)
Such other factors as may be deemed reasonable and appropriate
under the circumstances.
(2)
The request for such extension shall be made no later than five days prior to the scheduled expiration date and shall be accompanied by a supplemental fee as set forth in Chapter 87, Fees. The Zoning Officer shall make its determination with five days of receipt of the written request. An extension denial is a final decision by the Township.
No human or animal shall occupy a temporary storage container
except for the express purpose of loading or unloading the container.
No heat source of any kind shall be placed in the container.
A.
Any portable storage container placed in violation of this chapter
or which is not removed at the end of the time for which it may lawfully
remain in place, or immediately upon the direction of the Code Enforcement
Officer or Zoning Officer for removal of such temporary structure
for safety reasons, shall be punishable, upon conviction thereof,
by a fine not to exceed $2,000 for each violation committed hereunder.
B.
The owner of the subject property shall be afforded a ten-day period
to cure or abate such violation. Every day that a violation continues
after service of written notice by certified and/or regular mail on
the owner of the subject property as shown in the latest tax duplicate
shall be deemed a separate offense. The court may also order the removal
of the violation by the Township, and the cost of such removal, together
with the cost of administration of its removal, may be assessed against
the property on which the temporary storage structure was located
and may be filed as a lien against such property by the Zoning Officer.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in dignity to the lien of ad valorem taxes.
C.
Such removal or compliance, as outlined above, shall be accomplished
by the property owner or tenant, as the case may be, within 10 days
after notice to remove or comply or within such extended time period
as may be granted by the investigating Zoning Officer. Such extended
time period shall be granted based on the substantive and exigent
circumstances present in each case. However, in no case shall the
extended time period exceed 30 calendar days beyond the date of the
initial notice. In addition, no such extension shall be granted except
upon the written request of the affected property owner or tenant
stating, with specificity, the reasons why such an extension is sought,
the remedial steps proposed by the property owner or tenant to eliminate
the conditions identified in the notice and a date certain by which
such remediation shall take place.
D.
In the event such removal or compliance, as outlined above, is not
accomplished by the property owner or tenant to the satisfaction of
the investigating Zoning Officer within the ten day period or any
extended time period granted, that Zoning Officer, in his discretion,
shall issue a summons to such property owner or tenant returnable
before the Mid-Salem County Municipal Court for a violation of this
chapter. The matter shall be prosecuted by the municipal prosecutor
and the investigating Township official.
E.
Any person who violates any provision of this chapter shall, upon
conviction thereof in the Municipal Court, be punished by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 30 days
for a first offense and not more than 90 days for a second offense,
or both. A separate offense may be deemed committed for each day during
or on which a violation occurs or continues.
The investigating/enforcement Township officer for this chapter
may be the Township Construction Official, Township Fire Official,
or Township Zoning Officer, or their designated agent, as these officials
may determine in their collective judgment, with the collaboration
and approval of the Township Committee.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon passage.
