[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 Administrator 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 $75.
[Amended 6-12-2023 by Ord. No. 2023-12]
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 once for a like period upon application for renewal
and payment of a renewal fee of $75. If additional time is necessary
after one renewal period, a new permit must be obtained for continued
use of the container.
[Amended 6-12-2023 by Ord. No. 2023-12]
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 Administrator 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 $75.
[Amended 6-12-2023 by Ord. No. 2023-12]
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.
