[Adopted 8-11-2009 by Ord. No. 2009-1308 (Ch. 86, Art. II,
of the 1966 Code)]
For the purposes of this article, the following terms, wherever
used or referred to, shall have the respective meanings assigned to
them unless a different meaning clearly appears from the context:
A roll-off waste container transported to and from the place
of use by trucks or trailers and positioned at a construction site
for the collection and eventual disposal of construction waste.
A container designed, constructed and commonly used for nonpermanent
placement on property for the purpose of temporary storage of personal
property.
Trucks, trailers, and other vehicles or parts of vehicles
designed to be hitched and attached to trucks, tractors or other vehicles
for movement from place to place and used as temporary exterior storage
units.
Any storage trailer, portable on-demand storage unit, or
similar unit or device designed to be placed outside of a building
or structure and to temporarily store personal property, excluding
construction dumpsters and similar waste receptacles.
A.
It shall be unlawful for any
person to park, place or suffer placement of a temporary exterior
storage unit which:
B.
It shall be unlawful for any
person to park, place, or suffer placement of a temporary exterior
storage unit:
(1)
In or upon any street, highway,
roadway, designated fire lane or sidewalk in the Borough;
(2)
On any lot or property in
the Borough other than on a concrete, asphalt or other improved surface;
(3)
On any lot or property in
the Borough used for commercial purposes or containing three or more
dwelling units, in such a way as to block or interfere with access
to a garage or off-street parking areas;
(4)
In a manner that interferes
with sight lines for motorists on adjoining streets or the driveways
of adjacent properties;
(5)
In a manner that obstructs
the light or air of any dwelling unit;
(6)
In a manner that obstructs
safe means of access to or from any dwelling;
(7)
In a manner that creates
fire or safety hazards; or
(8)
That displays advertising,
other than the identification of the manufacturer or operator of the
unit.
C.
No temporary exterior 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 residential property where the
temporary exterior storage unit is located (i.e., used for retail
sales) or any other illegal or hazardous material. Upon reasonable
notice to the applicant, the Borough of Montvale may inspect the contents
of the temporary exterior storage unit at any reasonable time to ensure
that it is not being used to store said materials. At no time shall
a temporary exterior storage unit be used for any of these purposes.
D.
It shall be unlawful for any
person to park, place, or suffer placement of a temporary exterior
storage unit on any lot or property in the Borough without having
obtained a permit or in violation of the permit conditions as provided
in this article.
No person shall park, place or suffer placement of a temporary
exterior storage unit without first obtaining a permit from the Borough
Clerk. The permit shall specify the time period, not exceeding 14
days, during which the unit may be kept on the property. The following
conditions shall apply:
A.
The permit shall be obtained
prior to setting the unit on the property and shall be displayed in
a weatherproof manner on the unit.
B.
There shall be a maximum of one
unit per property at any time.
C.
No more than three permits may
be issued for any lot or parcel of property in any twelve-month period.
D.
The permit shall specify where
the unit is to be situated on the property, which shall be on a driveway
or other paved surface at a point farthest from the street, preferably
to the rear of the principal building lot.
F.
The application fee for the permit
shall be $25 for each fourteen-day period. Extension of a permit will
cost $25 for each extension period granted.
A.
Violations and enforcement.
(1)
Any temporary exterior storage
unit located within the Borough of Montvale without approval pursuant
to this article shall be subject to the penalties set forth below.
(2)
The Borough of Montvale Construction
Official, Fire Official and the Montvale Police Department shall be
responsible for enforcing the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Any temporary exterior storage
unit which is not removed at the end of the time for which it may
lawfully remain in place, or immediately upon the direction of a law
enforcement officer for removal of such unit for safety reasons, may
be removed by the Borough immediately, without notice, and the cost
of such removal, together with the cost of administration of its removal,
may be assessed against the property on which the unit was located
and may be filed as a lien against the property by the Borough Clerk.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage and taxes.
(4)
Any temporary exterior storage
unit not in compliance with this article is and shall be declared
to be a public nuisance and may be abated by the Borough at the owner's
or responsible person's expense. Abatement shall, at the Borough's
option, include the removal and/or the emptying of the dumpster.
B.
Penalties.
(1)
Any person, corporation or
partnership that violates any provision(s) of this article shall be
subject to fines and penalties, as follows:
(2)
In addition, any person,
corporation or partnership found guilty of a violation of this article
shall be ordered to abate the problem and pay the cost incurred by
the Borough if the Borough abated the problem.
