[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 5-12-2008 by Ord. No. 2008-09. Amendments noted
where applicable.]
No bulk storage container, trash dumpster, roll-off container,
storage device, pod or similar container shall be placed or maintained
by any private party in or on any City property, street or right-of-way
except in compliance with the provisions of this chapter.
No bulk storage container, trash dumpster, roll-off container,
storage device, pod or similar container shall be placed or maintained
on any private property unless it complies with one or more of the
following provisions:
A.
Such containers may be placed or maintained on a driveway or other
suitably paved area 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 21 consecutive days.
B.
Such containers may be placed or maintained on a driveway or other
suitably paved area for purposes of storing the 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 or materials would otherwise be located during the period
of renovation or rehabilitation and up to 14 days prior to commencement
and 14 days subsequent to completion of the work but in no event more
than a total of 120 days.
Prior to the placement of any dumpster, roll-off container,
pod, storage container or similar container in or on any City property,
street or right-of-way, or on any private property (which dumpster,
roll-off container, pod, storage container or similar container is
not part of a container covered by a duly approved site plan), the
owner of the property using the container or person contracting for
the use of such container shall apply for and receive a permit from
the City pursuant to the provisions and standards set forth herein.
A.
Application for the permit shall be made to the office of the City
Clerk on a form provided by the City. The application shall require,
among other things, the full name, address, and other contact information
for both the owner of the container, the person contracting for the
use of the container where such person is other than the owner of
the property for which the container is to be used and the owner of
the property with which the use of the container is associated. The
application shall be accompanied by a permit fee of $25.
B.
Any container to be placed on a street or right-of-way shall be placed
on the street in a legal parking space, not designated for use as
a handicap parking space, as designated by the City, and shall be
equipped with appropriate reflectors or other safety markings so that
the container will not constitute a hazard to traffic. The Bordentown
City Police Department, in the exercise of its discretion, may direct
that additional markings, their location or nature shall be supplemented
or altered if the Police determine such actions are necessary for
the protection of the motoring public.
C.
The owner of the property associated with the use of the container
or the contractor arranging use of the container shall provide the
City with satisfactory proof of liability insurance covering any claims
or losses for property damage or personal injury resulting from or
occasioned by the placement of the container in an amount not less
than $250,000.
D.
Any permit issued for placement of a container on a street, right-of-way
or other public property shall be valid for a period of 30 days, and
a sticker or notice shall be prominently displayed on the property
associated with the use of the container indicating the commencement
and expiration date of the permit.
E.
Any container placed on private property shall be placed on a suitable base to assure stability. If, in the opinion of the Bordentown City Police Department, the location is sufficiently near to a public vehicular or pedestrian path, the permit may require suitable safety markings as set forth in Subsection B, above.
F.
Any permit issued for placement of a container on private property
shall be valid for a period of 120 days and a sticker or notice shall
be prominently displayed on the property associated with the use of
the container indicating the commencement and expiration date of the
permit.
G.
Upon a showing of continued need for the container (such as during
the course of major construction projects), permits may be renewed
up to three times for like periods upon application for renewal and
payment of a renewal fee of $5.
A person applying for a permit under this chapter may apply
for an additional extension of time to keep the storage or trash container
in place as set forth in this section.
A.
Applications for extensions beyond those specified in this chapter
shall be made to the City Clerk on a form to be provided by the City.
The application shall contain full identifying information regarding
the container, permit number, time it has been at the site and reason
for use. The application shall contain a narrative statement of the
reasons necessary for additional time. The application shall be accompanied
by a fee of $5.
B.
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 10 business days of the filing of a complete
application. In considering the application, the City shall consider:
(1)
The length of time the container has been in place;
(2)
The reason for the container and the reasonableness of the time allotted
under this chapter for completion of that purpose in light of all
attendant circumstances;
(3)
The location of the container with respect to blocking or interfering
with the efficient parking or passage of traffic, visual impact, nature
of the neighborhood and similar issues;
(4)
Whether noise, litter or similar quality of life problems have been
associated with the use of the container;
(5)
Whether the delay in completing the work or project for which the
container is necessary is beyond the reasonable control of the user
of the container;
(6)
The additional time reasonably necessary to complete the work or
project; and
(7)
Such other factors as may be deemed reasonable and appropriate under
the circumstances.
C.
Decisions to extend or delay extensions of time or to otherwise modify
the requirements as set forth herein shall be at the sole and exclusive
discretion of the Director of Public Safety and Affairs.
The person contracting for the use of the container 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
container, the property owner and any other interested party.
Violations of this chapter or any conditions of a permit issued
pursuant to this chapter shall be subject to a fine of not less than
$100 or more than $250. Each day or portion thereof that a violation
continues shall be considered a separate violation. Any storage container,
storage device, pod, trash dumpster, roll-off container or similar
container placed or maintained on City property, streets or rights-of-way
or left in such a location after expiration of the permit for more
than 10 days after the mailing of written notice to the owner of the
container, the person contracting for the use of the container and
the owner of the affected property may be removed by the City at the
owner's expense for removal and storage of the container. Notices
to remove pursuant to this section shall be sent by certified mail,
return receipt requested, or by personal delivery. Such charge for
removal and storage of the container shall be in addition to any fines
that may otherwise be imposed pursuant to this section.
