[HISTORY: Adopted by the Council of the Township
of Montclair 6-24-2008 by Ord. No. 08-18.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 218.
Property maintenance — See Ch. 247.
Streets and sidewalks — See Ch. 297.
Zoning — See Ch. 347.
[1]
Editor's Note: This ordinance was originally
designated to be added as Chapter 261 but was renumbered to maintain
the organization of the Code.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning:
Any container designed for the outdoor storage of personal
property, including a "POD" or similar storage container, which is
typically rented to owners or occupants of property for their temporary
use and which is delivered and removed by vehicle.
A piece, parcel, tract, or plot of land occupied or that
may be occupied, by one or more buildings or uses and their accessory
buildings and accessory uses which is generally considered to be one
unified parcel.
The owner or occupant of property entering into an agreement
with a portable storage unit company or other person or entity for
the placement of a portable storage unit on a site located in the
Township of Montclair.
A.
No portable storage unit shall be placed or maintained by any private person or entity in or on any Township property, street or right-of-way without a valid permit issued by the Chief of Police in accordance with the requirements of Chapter 260 of the Township Code applicable to roll-off containers and dumpsters.
B.
No portable storage unit shall be placed or maintained
on any private property unless it complies with one or more of the
following provisions:
(1)
Such containers may be placed or maintained on a driveway
or other suitably paved area at the furthest accessible point from
the street for purposes 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 for a period of not more than
30 consecutive days.
(2)
Such containers may be placed or maintained on a driveway
or other suitably paved area at the furthest accessible point from
the street for purposes of storing the personal property of the owner
or occupant of the property when necessary during renovation or rehabilitation
of the structure located on the property in which the personal property
would otherwise be located during the period of renovation or rehabilitation,
but in no event more than a total of 30 consecutive days.
Prior to the placement of a portable storage
unit on any private property (not covered by a duly approved site
plan), the owner of the property using the portable storage unit or
the person contracting for the use of such portable storage unit shall
apply for and receive a permit from the Township in accordance with
the requirements and standards set forth herein.
A.
Application for a permit shall be made to the Township
Construction Official on a form provided by the Township. The application
shall require, among other things, the full name, address and other
contact information for the owner of the portable storage unit, the
owner of the property with which the use of the portable storage unit
is associated, and the person contracting for the use of the portable
storage unit (if such person is not the owner of the property for
which the portable storage unit is to be used). Every application
for a permit shall be accompanied by a permit fee of $25.
B.
Any portable storage unit placed on private property
shall be placed on a suitable base to assure stability. If, in the
opinion of the Police Department or the Township Engineer, the location
is sufficiently close to a vehicular intersection or pedestrian path,
the permit may require that the unit be equipped with appropriate
reflectors or other safety markings so that the unit will not constitute
a hazard to traffic or pedestrians. The specific number, location
and type of markings shall be determined by the Police Department
or the Township Engineer and noted on the permit at the time of its
issuance or at any time thereafter.
C.
Any permit issued for placement of a portable storage
unit on private property shall be valid for a period of 30 days, and
a sticker or notice shall be prominently displayed on the portable
storage unit or on the property upon which the unit is placed indicating
the commencement and expiration dates of the permit.
D.
Upon a showing of continued need for the portable
storage unit (such as during the course of major construction projects),
the Construction Official may renew a permit for up to two additional
periods, not to exceed 30 days each, upon the filing of an application
for renewal and payment of a fee of $25 for each renewal.
[Amended 9-22-2009 by Ord. No. O-044-09]
E.
An application for an additional extension beyond the time periods specified in Subsection D may be made to the Construction Official or his designee on a form provided by the Township. The application shall contain complete identifying information regarding the portable storage unit, the permit number, the time the portable storage unit has been at the Site, and the reason for its use. The application for an additional extension shall be accompanied by a fee of $50.
[Amended 9-22-2009 by Ord. No. O-044-09]
(1)
The
application shall be reviewed and a determination made as to whether
an additional extension should be granted, and the duration of that
extension, within five business days of the filing of a complete application.
(2)
In
considering the application, the Construction Official or his designee
shall consider the following:
(a)
The length of time the portable storage unit has been in place;
(b)
The particular use of the portable storage unit;
(c)
The reasonableness of the time required to complete that purpose
in light of all attendant circumstances;
(d)
The location of the portable storage unit;
(e)
The visual impact, nature of the neighborhood, and similar issues;
(f)
Whether noise, litter or other quality of life issues have been associated
with the use of the portable storage unit;
(g)
Whether the delay in completing the work or project for which the
portable storage unit is necessary is beyond the reasonable control
of the owner of the property;
(h)
The additional time reasonably necessary to complete the work or
project; and
(i)
Such other factors deemed reasonable and appropriate wider the circumstances.
A.
No more than one portable storage unit may be placed
on any property at one time and no more than one permit may be issued
for any property, including any renewals of said permit, during a
twelve-month period.
B.
No hazardous material or organic waste shall be placed
in a portable storage unit.
C.
No portable storage unit shall be used for the storage
of construction debris, business inventory, commercial goods, or any
personal property which is not owned by the owner or occupant of the
property where the unit is located. Upon reasonable notice to the
permit holder, the Township may inspect the contents of any portable
storage unit for compliance with this chapter.
D.
The owner of the portable storage unit and the owner
of the site on which the unit is located shall be jointly responsible
to ensure that the portable storage unit is in good condition, free
from evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
E.
A portable storage unit shall be no larger than 130
square feet in area and no higher than 10 feet above grade.
The person contracting for the use of a portable
storage unit and the owner of the property associated with its use
shall be jointly responsible for compliance with the provisions of
this chapter. Copies of the penalty provisions of this chapter shall
be appended to the permit and shall be mailed with a copy of the permit
to the owner of the portable storage unit, the property owner, and
any other interested party.
A.
It shall be unlawful for a portable storage unit to
remain on any property in excess of the time period set forth in the
permit issued by the Township. Each day a portable storage unit remains
on a property in violation of the provisions of this chapter shall
be considered a separate violation subject to the penalty provisions
set forth below.
B.
Any person who violates any provision of this chapter
shall, upon conviction in Municipal Court or any other court having
jurisdiction, be liable for a fine not exceeding $2,000, or imprisonment
for a term not exceeding 90 days, or community service for a term
not exceeding 90 days, or any combination of the above.