[HISTORY: Adopted by the Mayor and Council
of the Borough of South River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-13-2006 by Ord. No. 2006-3]
No person or entity, other than duly authorized
servants or agents employed or engaged by the Borough of South River
on behalf of the Borough of South River, shall park or leave unattended
any waste or refuse container commonly known as a "roll-off dumpster"
or "roll-off" container along any public road, street, right-of-way
or public property, under the jurisdiction of the Borough of South
River without first obtaining a written permit approved by the Chief
of Police, or his designee, and issued by the Borough Clerk upon payment
of a fee as set forth hereinafter.
A.
Application for permit shall be made on forms obtained
at the Municipal Building from the Borough Clerk.
B.
Before the permit is issued to park or leave unattended
any roll-off dumpster or roll-off container, the application shall
be reviewed and approved by the Chief of Police, or his designee,
who shall certify that the placement of a roll-off dumpster or roll-off
container on or along the public road, street, right-of-way or public
property shall not create an unreasonable hazard or risk to the health,
safety or welfare of the residents of the Borough of South River.
C.
No roll-off dumpster or roll-off container shall be
allowed in the sidewalk area or create a blockage of pedestrian traffic
along said property at which the roll-off dumpster or roll-off container
is located.
A.
No person shall be granted a permit to park or leave unattended any roll-off dumpster or any roll-off container along any public road, street, right-of-way or public property under the jurisdiction of the Borough unless a refundable deposit has been paid to the Borough Clerk in cash or by certified check in the amount provided in Chapter 155, Fees, which deposit shall be used to pay the expenses of repairing and/or replacing said road, street, right-of-way or other public property in the event it is deemed that damages have occurred during the time said roll-off dumpster or roll-off container is left parked or unattended. Upon removal of the roll-off dumpster or roll-off container, the permittee shall notify the Director of Public Works who shall dispatch an inspector to the sight to determine if damage has occurred, and if damage has occurred, the extent of said damages. Following the inspection of the sight and determination of damages, if any, the Director of Public Works shall notify the Borough Clerk who shall promptly notify the permittee if a refund is available and the amount, if any, of said refund. The permittee shall be forwarded any refund due within 30 days of said inspection.
B.
The fee for permit to park or leave unattended a roll-off dumpster or roll-off container upon any public road, street, right-of-way or public property shall be as provided in Chapter 155. Said permit shall be valid and remain in effect for a period of not more than 30 days. Said permit made be renewed upon application therefor for an additional period of 30 days at a fee as provided in Chapter 155. No permit shall extend beyond 60 days.
Any roll-off dumpster or roll-off container
parked or left on or along any public road, street, right-of-way or
public property under the jurisdiction of the Borough of South River
shall be equipped with a display markers consisting of all yellow
reflective diamond-shaped panels having a minimum size of 18 inches
by 18 inches. These panels shall be mounted at the edge of the dumpster
or container at both ends nearest the path of the passing vehicles
and facing the direction of oncoming traffic. These markers shall
have a minimum mounting height of three feet from the bottom of the
panels to the surface of the roadway. Said mountings shall be to warn
operators of oncoming vehicles of the presence of a traffic hazard
requiring the exercise of unusual care.
The enforcement of this chapter shall be by
the South River Police Department who shall issue the appropriate
summonses in the event that any roll-off dumpster or roll-off container
is placed along any public road, street, right-of-way or public property
under the jurisdiction of the Borough of South River without first
obtaining the required permits.
[Adopted 7-12-2010 by Ord. No. 2010-21]
For the purpose of this article, 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.
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 Borough of South River or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Means 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.
Means the ocean and its estuaries, all springs, streams and
bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
A.
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.
B.
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 South River.
Exceptions are as follows:
A.
Permitted temporary demolition containers.
B.
Litter receptacles (other than dumpsters or other bulk containers).
C.
Individual homeowner trash and recycling containers.
D.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
E.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This article shall be enforced by the Code Enforcement Officer
of the Borough of South River.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $2,000, imprisonment
for not more than 90 days or a period of community service not exceeding
90 days.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.