[Adopted 7-22-2009 by Ord. No. 2009-13]
No dumpster or similar container commonly used for the collection
of solid waste, garbage or other refuse shall be permitted to be placed
on any public right-of-way, sidewalk or street in the Borough except
in compliance with the provisions of this article.
Any person requesting to place a dumpster on any public right-of-way,
sidewalk or street in the Borough will be required to apply for a
permit through the Building Department of the Borough of Kenilworth.
A.
Any person seeking to place, cause or permit to be placed or utilize
a dumpster on any public right-of-way, public sidewalk or street shall
do so only after having obtained a written permit from the Borough
Construction Official. In order to obtain a permit, an application
for a permit on a form to be furnished by the Building Department
shall be filed and the appropriate fee shall be paid.
B.
The fee for obtaining a permit to place a dumpster in a public area
shall be the sum of $125 for a thirty-day period or $225 for a sixty-day
period. Initial permits shall be issued on either thirty-day or sixty-day
basis.
[Amended 8-16-2023 by Ord. No. 2023-16]
(1)
If an extension beyond the initial permit period is required, extensions
shall be granted in thirty-day increments and an additional fee of
$125 for the thirty-day extension is required.
(2)
Requests for extensions for permits beyond a total of 60 days require a written request to the Zoning Officer. The Zoning Officer will review all requests and reserves the right to approve or deny such request. Approved requests require an additional fee to cover the extended period at the rate designated in Subsection B(1) above.
C.
No dumpster shall be placed on any public right-of-way, sidewalk
or street unless it is determined by the Borough Construction Official
that there is not sufficient room on the private property of the person
utilizing the dumpster to place the dumpster.
D.
The application shall require the applicant to supply the name and
address of the applicant, the name and address of the property within
the Borough being serviced by the dumpster, the exact proposed location
of the dumpster, the size and capacity thereof, the estimated length
of time that said use is required, the contemplated use of the dumpster
and the party responsible that is supplying and removing the dumpster
by its name, address and telephone number.
E.
Each applicant shall furnish the Borough with a certificate of liability
insurance stating that coverage may not be canceled without first
giving 10 days' written notice to the Borough. The limits of coverage
shall be at least $300,000 for bodily injury and $100,000 for property
damage. The insurance shall name the Borough of Kenilworth as an additional
insured. If notice of cancellation is received by the Borough and
coverage is not reinstated within two business days or if coverage
is otherwise terminated for any reason, the permit shall expire at
the next business day.
F.
Each applicant shall file with the application for the permit a completed
and signed release and indemnification agreement as provided by the
Borough. If the applicant is a business entity (i.e., LLC or corporation),
then an individual person with 10% or more ownership of the business
entity shall personally agree to indemnify the Borough for any damage
or claim.
G.
The person to whom a permit is issued for a dumpster is required
to warrant that a tarpaulin covers the dumpster or other suitable
cover at all times that the dumpster is not in use for a period of
more than two hours or unattended.
H.
All dumpsters shall at all times be kept in good repair and shall
be structurally sound and leakproof.
I.
Any dumpster in use pursuant to this section shall comply with the
display markings required under N.J.S.A. 27:5I-1 et seq.
J.
No permit shall be issued if the Construction Official or the Chief
of Police determines that the issuance of such permit will constitute
a danger to the public safety or unwarranted interference with the
efficient movement of vehicular or pedestrian traffic.
K.
Under no circumstances shall hazardous or toxic material be placed
or stored in any dumpster.
L.
Upon removal of the dumpster, the public area shall promptly be swept
clean of all loose debris and restored to its former condition. If
any debris remains in or on the public area after the removal of the
dumpster, the municipality may clean the area and the permit holder
shall reimburse the Borough at the rate of $100 per man hour plus
any costs incurred.
A copy of the dumpster permit shall be maintained on the premises
and posted in a conspicuous location or affixed to the dumpster in
plain view.
A.
The Building Department by the Construction Official may, upon three
business days' notice, revoke a permit if it determines that materially
false statements were made in the permit application or if it determines
that the permit holder has failed to conform to the regulations set
forth herein.
B.
The placement of any dumpster within a public right-of-way, sidewalk
or street without a valid permit may result in the removal of the
dumpster by the Construction Official, at the expense of the owner
of the dumpster.
C.
The applicant shall agree in the application that if the Construction
Official or Fire Official or Health Department official or Police
Department shall determine that an emergency exists directly or indirectly
with regard to any dumpster, the Borough may remove the dumpster without
notice, at the permit holder's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
A decision by the Construction Official to revoke any permit issued
hereunder shall be transmitted in writing to the permit holder by
registered or certified mail; such decision shall state clearly the
grounds for revocation.
The Borough Construction Official shall enforce the provisions
of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating any provision of this article shall, upon
conviction thereof, be punished by a fine in the amount of $100 for
the first violation, and the violation shall be cured within a seven-day
period. Continued violation after the seven-day period shall be subject
to a fine in the amount of $100 per day.
