[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 2-23-2016 by Ord.
No. 2016-08. Amendments noted where applicable.]
This chapter and the regulations herein are in addition to any
other requirements of law, rule, regulation and/or Borough ordinances,
specifically and without limitation.
Terms not defined shall have their usual and customary meanings,
unless a different meaning clearly appears from the context. The following
terms whenever used or referred to in this chapter shall have the
following respective meanings:
A bulk storage container for the collection of, and temporary
storage of, solid waste, waste materials, rubbish, construction materials,
industrial and other waste materials generally, that can be hauled
directly to the point of disposal or emptied into a large compactor-type
truck for disposal.
The area encompassed by the distance from the improved roadway
in front of the property to the point of the structure on the property
closest to that roadway and from one side property line to the other
side property line.
A transportable unit designed and used for the temporary
storage of household goods, personal items, construction materials
and supplies, and other materials which are placed on a site for the
use of occupants of a dwelling or building on a limited basis. Portable
storage units include but are not limited to certain trade-named units
called "PODS®," "mobile attics," and like portable on-demand storage
containers.
Combustible paper, cartons, boxes, barrels, wood, excelsior,
tree branches, yard trimmings, wood furniture and bedding dunnage
or noncombustible metal, metal furniture, dirt, glass, and crockery.
Includes all other categories of materials to be disposed
of, excluding garbage or recyclable materials.
The following regulations apply to the placement and use of
all portable storage units and dumpsters/bagsters regardless of whether
they require a permit or not:
A.
No portable storage unit or dumpster/bagster shall be placed, in
whole or in part, upon any street, sidewalk or within any public right-of-way
without a permit therefor issued by the Borough.
B.
All portable storage units or dumpsters/bagsters that have been issued
a permit to be placed in any property, street, sidewalk or within
any public right-of-way and will remain in one of those areas during
the hours between sunset of one day and sunrise of the next day shall
be equipped with suitable reflectors or other warning devices as may
be required by the Police Department and Code Official. Such reflectors
shall be capable of reflecting motor vehicle headlights at a distance
of 500 feet.
C.
Rubbish and waste materials shall be completely contained within
any dumpster/bagster. The accumulation of rubbish or waste materials
shall be not permitted outside the confines of a dumpster/bagster,
nor shall it be permitted to accumulate so that the attached cover
cannot be firmly closed. In the event that the dumpster/bagster does
not have an attached cover, the rubbish or waste material shall not
accumulate higher than the top of the sides of the dumpster/bagster
and shall be covered by either a tarp or similar covering, except
when rubbish and waste materials are being deposited in the dumpster/bagster.
D.
All portable storage units shall be securely closed when not in use.
No materials, property or goods shall be stored outside of a portable
storage unit during the hours between sunset of one day and sunrise
of the next day, except if the portable storage unit is being used
in conjunction with construction, and in such case only construction
materials may be left outside of the portable storage unit as permitted
by law, rule, regulation and/or Borough ordinances.
E.
All dumpsters shall bear the identification number assigned by the
State of New Jersey and the name, address and telephone number of
the person responsible therefor.
F.
Portable storage units and/or dumpsters/bagsters should not be placed
in the front yard envelope; however, where the placement of the same
is not possible or practical, the Code Enforcement Officer may permit
the same under appropriate conditions.
G.
Portable storage units and/or dumpsters/bagsters shall not be placed
on any property more than two times per calendar year, unless there
are valid and current building permits issued for that property, and
then the same is subject to all regulations and requirements herein.
H.
The placement and/or use of more than one portable storage unit and
more than one dumpster/bagster on a property, street, sidewalk or
within any public right-of-way adjacent to a property at any given
time.
I.
The portable storage unit and dumpster/bagster companies or property
owners shall be responsible for the cost to repair any damage caused
to any street, curb, sidewalk or other public improvements.
A permit for the placement and use of a portable storage unit
and/or dumpster/bagster shall be required under the following conditions:
A.
The use of a portable storage unit or dumpster/bagster when it will
be placed, in whole or in part, upon any property, street, sidewalk
or within any public right-of-way.
B.
The use of a portable storage unit or dumpster/bagster for more than
one day as permitted herein shall require a permit.
C.
If any of the foregoing conditions are met, the property owner shall
apply for a permit on the prescribed permit application form, submit
a permit fee of $35 and be issued a permit prior to placing the portable
storage unit and/or dumpster/bagster on the property or upon any street,
sidewalk or within any public right-of-way adjacent to a property
and shall be subject to the following additional regulations:
(1)
No permit for a portable storage unit and/or dumpster/bagster shall
permit the same to be on a property, or upon any street, sidewalks
or within any public right-of-way, for more than 30 consecutive days;
however, additional permits may be applied for and approved, provided
that there are valid and current building permits issued for that
property or at the discretion of the Code Enforcement Department and/or
Police Department.
(2)
The regulations applicable to all portable storage units and dumpsters/bagsters
in this chapter shall be complied with.
(3)
The permit shall be prominently displayed on the portable storage
unit and/or dumpster/bagster at all times.
(4)
Prior to any permit being issued for the placement of a portable
storage unit or dumpster/bagster which, in whole or in part, is upon
any property, street, sidewalks or within any public right-of-way,
the property owner shall provide sufficient proof of insurance coverage
of $500,000 for a combined single limit bodily injury and property
damage coverage, which may be from the portable storage unit or dumpster/bagster
rental company, naming the Borough of Bradley Beach, its agents, servants,
officials and employees, as additional insureds, which shall be in
effect at all times the portable storage unit or dumpster/bagster
is so placed. Further, it shall be a condition of said permit that
the property owner shall hold harmless, indemnify and defend the Borough
of Bradley Beach, its agents, servants, officials and employees from
any claims relating to the placement or use of the portable storage
unit or dumpster/bagster, in whole or in part, upon any property,
street, sidewalk or within any public right-of-way, or relating to
the issuance of a permit for the same.
(5)
The Code Enforcement Department and/or Police Department, in their
discretion, may refuse to issue a permit if they deem same to constitute
a danger to public safety or an unwarranted interference with the
efficient movement of traffic.
(6)
Upon the expiration of a permit, the portable storage unit or dumpster/bagster
shall be immediately removed.
This section is to be administered and enforced by the Borough
Department of Code Enforcement. The Police Department shall also have
jurisdiction to enforce the placement of portable storage units or
dumpsters/bagsters upon any street, sidewalk or within any public
right-of-way without a permit therefor having been issued by the Borough;
and, if a permit has been so issued, the Police Department shall also
have jurisdiction to enforce the requirements for the placement of
reflectors and other warning devices as may be required by the permit.
A.
Upon the failure, neglect or refusal of a property owner or company
to comply with this chapter, then the Borough is authorized to issue
a violation and/or summons. The Borough may remove any portable storage
unit or dumpster/bagster without notice if it determines an emergency
condition exists requiring action with regard to the portable storage
unit or dumpster/bagster. Further, should the basis for the issuance
of a violation or summons not be cured within 10 days of the issuance
of the violation or summons, then the Borough, without notice to the
property owner or company, may remove the portable storage unit or
dumpster/bagster. All violations or summonses shall be issued in the
name of the property owner and the owner of the portable storage unit
or dumpster/bagster as co-defendants if the unit identifies the owner
of the same.
B.
Should the Borough be required to move or remove the portable storage
unit or dumpster/bagster in order to correct any violation of this
chapter, the Code Enforcement Department shall certify the costs of
removal and storage of said portable storage unit or dumpster/bagster
to the Chief Financial Officer, who shall be authorized to forward
the bill to the property owner or person or entity in control of said
property or dumpster/bagster or container company for payment within
30 days of the date of the bill and any continuing storage costs.
The amount of the charge shall become a lien upon the lands and properties
on which the portable storage unit or dumpster/bagster was located
or properties of the owner, tenant or controller of the portable storage
unit or dumpster/bagster where such portable storage unit or dumpster/bagster
served the benefit and use of, in the opinion of the Borough, and
shall be collected in the same fashion as real estate property taxes.
Should the person or entity who owns, leases or controls the portable
storage unit or dumpster/bagster fail to pay all charges, including
fines and penalties which may have been assessed by the Municipal
Court, and remove the portable storage unit or dumpster/bagster from
Borough custody within 60 days of the Borough removing and storing
the same, then the Borough may sell the property at public auction.
If the portable storage unit or dumpster/bagster container identifies
the owner of the portable storage unit or dumpster/bagster, the same
shall be notified of the proposed sale in writing 10 days prior to
public sale. Any monies received as a result of the public auction
shall first be credited toward any costs associated with the removal
and/or storage of the portable storage unit or dumpster/bagster, then
to any costs of placing or removing the lien upon the property, then
to any costs of the public auction, then to any fines and penalties
which may have been assessed by the Municipal Court, and, should any
balance remain, the same shall be paid to the owner of the portable
storage unit or dumpster/bagster if the container so identifies the
owner thereof; if not, then to the property owner.
