The need for an ordinance regulating the location and placement, the duration, and the safety of dumpsters within the Borough has been carefully balanced by the Milford Borough Common Council with its explicit recognition that the public may, at times, require dumpsters for construction, renovations or other purposes. The Common Council's desire to endorse the rehabilitation, renovation and, occasionally, the demolition of older or obsolete structures requires that such projects 1) are timely and safely performed; 2) do not unfairly impact neighboring businesses and residents from either the location or the duration of dumpsters and similar containers utilized during these projects; and 3) adequately protect the Borough from any mishaps, should they occur.
Therefore, the Common Council of the Borough of Milford hereby declares its intent to regulate, in a manner consistent with the interests of the citizens of the Borough of Milford, the location and placement, use, duration, safety requirements, permitting and fees, of temporary dumpsters or other refuse containers throughout the Borough upon both public property (Article I), private property (Article II), and to furthermore prevent spills and leaks from dumpsters into the Borough's storm sewer system (Article III).
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Milford.
BUILDING MATERIALS/DEBRIS
Those materials commonly used during the construction of building structures and/or which result from the renovation and/or demolition of building structures, including the contents of those structures.
COLLAPSIBLE DUMPSTER BAG
Any single or multi-use container that is collapsible and soft-sided, and commonly known as or referred to as "flexible intermediate bulk containers" (FIBCs), which include but are not limited to bulk bags, construction debris bags, junk bags, fold-up dumpsters, and portable dumpsters, all of which are made from a flexible woven material.
DUMPSTER
A temporary container or debris-transfer body commonly used for the placing and/or collection of debris and building materials during building construction, renovations and/or demolition which is in excess of five cubic yards.
ENFORCEMENT OFFICER
Includes either the Zoning Officer or the Construction Official of the Borough of Milford.
INDIVIDUAL(S)
Includes any individual(s), firm, partnership, association, corporation, company or organization or entity of any kind.
TEMPORARY
Any dumpster which is not rented on a permanent basis and which does not have regularly scheduled pickups at least two times per month.
No dumpster shall be permitted on any public property with the Borough of Milford unless it can be shown to the satisfaction of the Borough of Milford's Zoning Officer that there is no reasonable, viable alternative for the placement of a dumpster on private property either upon or in reasonably close proximity to the subject property for which the dumpster is required.
Any individual(s) desiring a permit to situate a dumpster or a collapsible dumpster bag on public streets, highways, roads, lanes, alleys and rights-of-way shall make written application therefor to the Borough Clerk during normal Borough business hours. Said application shall specify the exact proposed location of such dumpster, container or other receptacle, the size and capacity thereof, the name of the owner of the abutting property(ies), the length of time that the use is required, and such other information as may be required by the Borough Clerk. The Clerk shall provide the Borough Zoning Officer with the application for both the Zoning Officer's review and approval, with said approval being conditioned upon a review of the permit by the Chief of the Milford Fire Company or a designated representative of the Milford Fire Company.
A. 
The application for a permit for a dumpster and for a collapsible dumpster bag shall be accompanied by a fee of $75 and $25, respectively.
B. 
For dumpster permits, the Borough Clerk shall require an indemnity deposit not to exceed $500 to reimburse the Borough for the cost of any extraordinary cleanup or repairs to public property, including but not limited to public streets and roads, signs, curbing, sidewalks, hydrants, manholes and storm drains, which may be incurred by the Borough as a result of the use permitted. This deposit, or any unused portion thereof, shall be refunded in the event that there are no extraordinary cleanups or repairs.
C. 
There shall be no indemnity deposit required for a collapsible dumpster bag.
D. 
Dumpster: No permit for a dumpster shall be granted by the Milford Borough Zoning Officer for a term longer than five days.
E. 
Collapsible dumpster bag: No collapsible dumpster bag shall be granted by the Milford Borough Zoning Officer for a term longer than five days. Such time period may be extended by the Borough Zoning Officer for an additional 10 days for good cause.
F. 
Permit renewals for an additional five-day period for a dumpster and an additional ten-day period for a collapsible dumpster bag may be issued at the discretion of the Milford Borough Zoning Officer for an additional fee of $50 for a dumpster and $5 for a collapsible dumpster bag, for each additional extension sought.
G. 
Upon the expiration of the permit, the permit holder shall immediately remove or cause to be removed the dumpster or similar container from the sidewalk, street or public place.
A. 
Each application for a permit authorized under this article shall be accompanied by a policy or certificate of insurance, including the applicant and the Borough of Milford as named insured's and evidencing general liability coverage to protect the public from bodily injury or property damage sustained as a result of the use of such dumpsters or other similar container.
B. 
Such policy or certificate shall contain limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage. Said policy or certificate shall provide at least 30 days' notice of cancellation be afforded to the Borough Clerk.
A. 
The Milford Borough Zoning Officer may in the Zoning Officer's discretion refuse to issue a permit if it is determined that same constitutes a danger to public health, safety, or welfare; constitutes a nuisance; or interferes with the efficient movement of traffic.
B. 
The Milford Borough Zoning Officer may revoke a permit for the same reasons, and if the dumpster or similar container is not removed within 24 hours after notification by the Borough's Zoning Officer, may arrange to have the same removed by the owner of the dumpster at the property owner's cost and expense.
C. 
If the Borough Zoning Officer shall determine that an emergency situation exists with regard to the dumpster or other similar container, the Borough Zoning Officer may authorize the removal of the dumpster or other similar container without notice to the owner, at the owner's expense.
A. 
All dumpsters placed on public streets, roadways, public thoroughfares, alleys or rights-of-way shall comply with the provisions of Chapter 4 of Title 39 of the New Jersey Statutes Annotated and all parking ordinances of the Borough of Milford.
B. 
Any dumpster placed on a public street, roadway, public thoroughfare, alley or right-of-way shall place the dumpster in a location immediately adjacent to, and in front of, the subject property for which the dumpster is required per the Zoning Officer's determination and not in front of or otherwise adjacent to any neighboring property(ies) without the written consent of the adjacent property owner.
C. 
No dumpster or other similar container shall be placed within 10 feet of a fire hydrant.
D. 
No dumpster or similar container shall be placed within five feet of an adjacent property owner's driveway.
E. 
No dumpster or other similar container shall be placed closer than 25 feet from an intersection or further than six inches from a curb.
F. 
No dumpster or other similar container shall be placed upon or on top of any manhole cover or storm drain.
G. 
The area beneath and surrounding the dumpster or other similar container shall be kept cleaned, and upon removal of same, the street or roadway shall be swept clean of all loose debris and restored to its former condition.
H. 
All such dumpsters or containers shall prominently display an identification number assigned by the State of New Jersey as well as the name, address, and telephone number of the owner of the dumpster who shall remain responsible therefor.
I. 
All such dumpsters, containers or other receptacles that remain on a public street or sidewalk during the hours between sunset of one day and sunrise of the next day shall be equipped with suitable reflective devices, cones, or such other warning devices, on both the front and rear surfaces. Such reflective devices and cones shall be capable of reflecting motor vehicle headlights at a distance of not less than 500 feet.
J. 
Unless the length of time on the subject permit is specified, any permit issued pursuant to this article shall only be valid for five days.
K. 
The dumpster or collapsible dumpster bag shall not be filled higher than the top edge of the dumpster (known commonly as "water level") to prevent debris or materials from falling or being blown outside of the dumpster.
L. 
The dumpster or collapsible dumpster bag shall, when not being actively loaded, have a covering that is adequately secured to the dumpster or other similar container to prevent materials from falling or being blown outside of the dumpster.
M. 
The permit holder shall not place into the dumpster or collapsible dumpster bag any material not permitted by the owner of the dumpster or collapsible dumpster bag. At no time shall garbage, refuse or trash, recyclable materials, or household waste be placed in any dumpster.
A. 
Any dumpster or other similar container in violation of this article shall be removed by the permit holder within 24 hours of verbal notice given to the owner thereof by the Borough Zoning Officer.
B. 
Notwithstanding § 84-9A above, any dumpster or other similar container situated in such a manner as to obstruct an adjacent owner's driveway or create a traffic or a road hazard shall be moved immediately upon notice given to the owner thereof by the Borough Clerk or the Borough's Zoning Officer.
C. 
Any individual(s) violating the terms of this article shall, upon conviction, pay a fine of not less than $100 per day with each day constituting a separation offense.