[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 5-4-2010 by Ord. No. 2010-9. Amendments noted where applicable.]
The following regulations have been adopted to ensure that placement of outdoor storage units, commonly known as "pods," and dumpsters/refuse containers comply with the health, safety and aesthetics objectives of the Borough of Chester and the requirements of the NJPDES Municipal Stormwater Regulations Program (N.J.A.C. 7:14A-25 et seq.). This chapter regulates the placement of outdoor storage units and dumpsters in order to promote the health and safety within the Borough and to preserve the aesthetic value of its residential and historical neighborhoods. This chapter further requires that dumpsters and other refuse containers that are outdoors or exposed to stormwater be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Chester and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- The person that owns, rents, occupies, or controls the subject property within the Borough and is required to register the outdoor storage unit or dumpster with the Borough.
- A transportable, open-topped or -sided container designed and used for collection of debris and waste from construction, demolition, landscaping and other operations, also known as "roll-off containers." Such container shall not be considered an accessory structure as provided in Chapter 163 of the Code of the Borough of Chester.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Chester or other public body, and is designed and used for collecting and conveying stormwater.
- OUTDOOR STORAGE UNIT
- An enclosed transportable unit designed and used primarily for temporary storage of building materials (before they are utilized for building purposes), household goods, furnishings, and other materials, including but not limited to enclosed trailers, shipping containers, trucking containers and the like, also commonly referred to as "pods." Such unit shall not be considered an accessory structure as provided in Chapter 163 of the Code of the Borough of Chester.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- REFUSE CONTAINER
- Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
- 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.
- The company or vendor that supplies the outdoor storage unit or dumpster to an applicant.
- 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.
The applicant or the supplier shall register the placement of any outdoor storage unit or dumpster with the Borough of Chester by obtaining a permit for same, prior to or within 24 hours following the initial delivery of said outdoor storage unit or dumpster.
The application shall contain the name of the applicant to whom the outdoor storage unit or dumpster is supplied; whether the person owns, rents, occupies, or controls the property; the address at which the outdoor storage unit or dumpster will be placed; the delivery date; removal date; and a sketch or written description depicting the location and the placement of the outdoor storage unit or dumpster.
If an outdoor storage unit or dumpster will be on site for more than 30 days, the applicant shall pay a nonrefundable registration fee of $25. There shall be no cost of registration for an outdoor storage unit or dumpster which is on site for 30 days or less.
The effective date of the registration shall be the date the registration permit is issued.
When a dumpster is used at a long-term construction project, the registration shall be valid for all containers used during the registration period, provided that no more than one container is on site for use at any one time.
When a dumpster is used in connection with any business and pursuant to an approved site plan, the registration shall be valid for all containers used, provided that the number of containers does not exceed that which is depicted on the approved site plan and there is no change of supplier. A change of supplier shall require new registration of the dumpster.
The following requirements shall apply to the placement of outdoor storage units and dumpsters:
It shall be unlawful for any person or entity to place or permit the placement of an outdoor storage unit or dumpster within the Borough without registering the outdoor storage unit or dumpster with the Borough and obtaining a permit as provided above.
Outdoor storage units and dumpsters shall be placed in the rear yard of the property unless no access to the rear yard exists and only then may an outdoor storage unit or dumpster/refuse container be placed in driveway, parking area or side yard of the property.
Outdoor storage units and dumpsters shall be located at such address for a maximum of 180 days, inclusive of the days of delivery and removal, unless a dumpster is located on the property in accordance with an approved site plan. An extension may be granted upon written application to the Mayor and Borough Council, for a reasonable additional time period in an amount not to exceed 180 days.
A property is limited to a maximum of one registration per calendar year, and a minimum of 15 days shall elapse between the end of one registration period and the beginning of another, unless a dumpster is located on the property in accordance with an approved site plan, in which case the dumpster need only be registered upon placement or change of supplier.
The applicant, as well as the supplier, shall be responsible for ensuring that the outdoor storage unit and/or dumpster is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.
No outdoor storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the property where the outdoor storage unit is located (i.e., used for retail sales) or any illegal or hazardous material. Upon reasonable notice to the applicant, the Borough of Chester may inspect the contents of any outdoor storage unit at any reasonable time to ensure that it is not being used to store said prohibited materials.
No dumpster shall be used on any residential property to store or dispose of any illegal or hazardous material; food or animal waste; or any other waste with the potential to undergo rapid biodegradation or to emit unpleasant or noxious odors.
Outdoor storage units are not permitted at any nonresidential properties.
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.
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 Borough of Chester.
Permitted temporary demolition containers;
Litter receptacles (other than dumpsters or other bulk containers);
Individual homeowner trash and recycling containers;
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit; and
Large bulky items (e.g., furniture, bound carpet and padding, white goods) placed curbside for pickup.
[Amended 8-17-2010 by Ord. No. 2010-29]
This chapter shall be enforced by the Police Department, Zoning Officer, Municipal Engineer, Construction Official, and/or Health Officer/Official or contractual health agency for the Borough of Chester.
[Amended 8-17-2010 by Ord. No. 2010-29]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine as set forth in § 1-17 of the Code of the Borough of Chester. Each day in which a violation exists shall be considered to be a separate offense.