Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bloomfield Council 9-19-2005 by Ord. No. 05-29. Amendments noted where applicable.]
GENERAL REFERENCES
Portable storage containers — See Ch. 413.
Solid waste — See Ch. 491.
Streets and sidewalks — See Ch. 497.
No person, as herein defined, shall place or permit to be placed in any public or residential area, as herein defined, in the Township of Bloomfield a construction dumpster or similar container commonly used for the collection of building materials, except in compliance with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
DUMPSTER
A container or debris-transfer body commonly used for the placing or collection of debris and building materials during construction or renovation.
ENFORCEMENT AGENCY
The Building Department of the Township of Bloomfield.
LICENSING OFFICE
The Building Department of the Township of Bloomfield.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Bloomfield or other public body, and is designed and used for collecting and conveying stormwater.
[Added 9-20-2010 by Ord. No. 10-34]
PERSON
Includes any person, firm, partnership, association, corporation, company, organization or entity of any type.
PUBLIC AREA
Includes any street, sidewalk, highway, public lane, alley, Township parking lot or other public place in the Township.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
[Added 9-20-2010 by Ord. No. 10-34]
RESIDENTIAL ZONE
Any residential zone, as defined in Chapter 315, Land Development, of the Township Code of the Township of Bloomfield.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Added 9-20-2010 by Ord. No. 10-34]
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 9-20-2010 by Ord. No. 10-34]
No person shall offer or provide a dumpster for use or hire within the Township of Bloomfield without having first registered with the Building Department.
A. 
Any person desiring to register under this chapter shall file with the Building Department an application on a form furnished by the Township Clerk.
B. 
The annual registration fee under this chapter shall be $300 and shall be paid to the Building Department.
C. 
Each registration period or renewal thereof shall expire one year from the registration or renewal date.
No person shall place or utilize a dumpster or permit a dumpster to be placed or utilized in the Township of Bloomfield without first having obtained a permit therefor.
A. 
Any person seeking to place, permit to be placed or utilize a dumpster in a public area in the Township of Bloomfield shall do so only after having obtained a permit from the Building Department. In order to obtain a permit, an application for a permit on a form to be furnished by the Building Department shall be filed and the appropriate fee shall be paid.
B. 
The application shall require that the applicant specify the exact proposed location of the dumpster, the size and capacity thereof, the length of time that said use is required and the contemplated use of the dumpster.
C. 
The fee for obtaining a permit to place a dumpster in a public area shall be $300 per dumpster. The permit shall be issued for a term not to exceed 15 days and may be renewed once upon the written request of the applicant without the filing of a new application but upon payment of an additional fee in the amount of $100. In addition to the application fee and the renewal fee, if applicable, the daily fee, determined by the size of the dumpster, shall be $10 per yard payable at the time of application based on the applicant's estimate of the number of days for which the permit shall be required.
D. 
No dumpster in excess of 30 yards shall be permitted in the public areas of the Township of Bloomfield. The permit shall be issued for a specific period of time based on the estimate of the applicant at the time the application is filed.
E. 
At the time the application is filed, each applicant shall furnish the Township of Bloomfield with a certificate of insurance containing limits of at least $100,000/$300,000 for bodily injury and $100,000 for property damage, which shall name the Township of Bloomfield as an additional insured and which shall be non-cancelable during the permit period.
F. 
Each applicant for a permit to place a dumpster in a public area shall furnish the Township of Bloomfield with sufficient surety, to be determined by the Township Engineer, to guaranty against damage to the streets, curbs and sidewalks or other improvements in the public right-of-way.
G. 
No dumpster shall be placed in a public area more than 24 hours prior to commencement of construction and shall not remain therein more than 24 hours subsequent to construction being completed.
H. 
No permit shall be issued if the Building 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.
I. 
A permit may be revoked at any time during its term if the placement or use of a dumpster constitutes a hazard to the health, safety or welfare of the citizens of the Township or for any other reason constitutes a nuisance.
J. 
The Township Administrator may exempt from all but the safety requirement of this chapter any persons contracting with the Township.
A. 
No dumpster shall be placed in a public area in a residential zone unless it is determined by the Building Department that there is not sufficient room on the private property of the person utilizing the dumpster to place the dumpster, and therefore, the dumpster is required to be placed in a public area. No dumpster placed on private property, otherwise unregulated by this chapter, shall impede the flow of pedestrian or vehicular traffic or safety site lines.
B. 
Dumpsters may be placed in public areas only upon the determination by the Building Department that there is no safe or practical place where the dumpster may be placed other than in the public area.
C. 
All dumpsters placed in public areas are required to comply with the following conditions:
(1) 
Planking or other wood sheeting of sufficient size is required to be placed under the wheels or road contact areas to protect the roadway from damage. If the dumpster has wheels, they must be chucked to prevent movement.
(2) 
Flashing, warning, amber, barricade-mounted lights are required to be placed on the dumpster to provide a visual warning to those utilizing the roadway or public right-of-way. The lights are required to be operable at all times.
(3) 
No dumpster shall be permitted in a public area the placement of which interferes with the free and safe flow of traffic or which otherwise stands in a hazardous location.
(4) 
Dumpsters shall not be permitted to be placed in a public area on certain designated holidays, sale days and special event days that occur from time to time during the year.
D. 
Upon removal of the dumpster, the public area shall be swept clean of all loose debris and restored to its former condition in accord with the standards of the Township Engineering Department.
E. 
All dumpsters 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.
F. 
Prohibited conduct.
[Added 9-20-2010 by Ord. No. 10-34]
(1) 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
(2) 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of Bloomfield.
G. 
Exceptions to prohibition.
[Added 9-20-2010 by Ord. No. 10-34]
(1) 
Permitted temporary demolition containers.
(2) 
Litter receptacles (other than dumpsters or other bulk containers).
(3) 
Individual homeowner trash and recycling containers.
(4) 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
(5) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods) placed curbside for pickup.
(6) 
Municipally owned, leased and operated dumpsters designated by the Township Engineer to meet the criteria for a temporary dumpster.
Each day that a dumpster is placed or utilized in violation of the terms of this chapter shall constitute a separate offense. Each offense hereunder shall be punishable by a minimum fine of $50.