A.
The use and placement of dumpsters in public and private areas is
regulated as follows:
(1)
The purpose of this section is to regulate the use and placement
of dumpsters in public areas, on construction and development sites
in association with the renovation, rehabilitation and reconstruction
of buildings and structures in private areas located within the Borough
of Berlin.
(2)
Permit required. No person shall place or utilize a dumpster to be
placed on or within a public or private area in the Borough of Berlin
without having first obtained a permit and a copy of the ordinance
from the Construction Office and upon approval by the Chief of Police.
(3)
Application for permit; fees; conditions of issuance.
(a)
Application for a dumpster permit shall be made by a submission
of the following information to the Borough Zoning Office:
(b)
The permit shall be valid for a period of seven days and may
be renewed upon application to the Construction Office for additional
seven-day periods not to exceed a total period of 24 days.
(c)
A permit may be revoked at any time during its term if the placement
or use of the dumpster constitutes a hazard to the health, safety
or welfare of the citizens of the Borough or for any other reason
that constitutes a nuisance.
(d)
No permit shall be issued if the Police Department determines
that the issuance of a permit will constitute a danger to the public
safety or an unwarranted interference with the efficient movement
of traffic.
(e)
If granted, the Zoning Office shall provide a copy of the Rules
and Regulations regarding dumpsters along with said permit.
(4)
Location, placement and condition of dumpsters.
(a)
No dumpster shall be placed in a public or private area unless
it is determined by the Police Department that there is insufficient
room to place the dumpster on the property of the person utilizing
the dumpster. No dumpster placed on a property shall impede the flow
of pedestrian or vehicular traffic or safety site lines.
(b)
The dumpster shall be equipped with markers consisting of reflective
diamond-shaped panels measuring a minimum of 18 inches by 18 inches.
These panels shall be mounted at the edge of the dumpster at both
ends nearest the path of passing vehicles and facing the direction
of oncoming traffic. The required markers shall have a minimum height
of three feet from the bottom of the panels to the surface of the
roadway.
(c)
Dumpsters shall at all times be kept in good repair and shall
be structurally sound and leak-proof and shall be painted as to prevent
the show of rust or deterioration and shall be constructed to stand
firmly upright.
(d)
Upon removal of the dumpster, the area shall be swept clean
of all loose debris and restored to its former condition in accordance
with the standards of the Borough Engineer and/or Public Works supervisor.
(e)
The applicant shall be responsible for any damage to the roadway
or other property caused by the placement of the container.
(f)
The dumpster must be maintained in good condition and free from
overflowing debris.
(5)
Failure to remove; removal by the Borough; cost to be a lien. If
the dumpster is not removed at the expiration of the time allowed
by the permit, the Construction Code Official shall notify the owner
that he/she has three days in which to have the dumpster removed from
the premises. In the event that the owner fails to comply, the dumpster
shall be deemed to have been abandoned and the Construction Code Official
may arrange for its removal and the disposal of its contents shall
be a municipal lien against the property. A detailed statement of
the aforesaid costs shall be certified by the Construction Code Official
and forwarded to Mayor and Council, which shall examine the certification
and, if found correct, shall cause the same to be filed with the Tax
Collector and a copy forwarded to the property owner. This amount
shall be charged against the land and shall become a lien upon such
lands and shall bear interest at the same rate as taxes and shall
be collected and enforced by the Tax Collector.
B.
The following Subsection B regulates the use of dumpsters outdoors or dumpsters exposed to stormwater:
(1)
Purpose. The purpose of subsection B is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to 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 stormwater system(s) operated by the Borough of Berlin and/or the waters of the State so as to protect the health, safety and welfare, and to prescribe penalties for the failure to comply.
(2)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of Subsection B, 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 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, man-made channels, or storm drains) that is owned or operated
by the Borough of Berlin or other public body, and is designed and
used for the collection and conveying of 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.
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 draining
facilities, or is to be conveyed by snow removal equipment.
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.
(3)
Prohibited conduct.
(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
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 into the municipal
separate storm sewer system(s) operated by the Borough of Berlin.
(4)
Exceptions to prohibition.
(a)
Permitted temporary demolition containers.
(b)
Litter receptacles (other than dumpsters and bulk containers).
(c)
Individual homeowner trash and recycling containers.
(d)
Refuse containers at facilities authorized to discharge storm
water under a valid NJDEPS permit.
(e)
Large bulky items (e.g. furniture, bound carpet and padding,
white goods placed curbside for pickup).
(5)
Enforcement. This section shall be enforced by the Property Maintenance
Inspector and/or the Police Department of the Borough of Berlin.
