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Sea Girt City Zoning Code

§ 17-5.25

Dumpsters; Regulations, Permit Required.

[Ord. No. 06-2017 § 4]
a. 
Definition: For purposes of this section, the following definition shall prevail:
CONSTRUCTION MATERIAL
Any material that is used in the construction of a structure and its accessories.
DUMPSTER
Any container that has the ability to hold more than two fifty-gallon trash cans of debris or any container used for the purpose of holding construction debris.
b. 
Regulation of Placement of Dumpster; Permit Required. No person or company shall park any container, commonly known as a "roll-off dumpster: or "roll-off container" for the collection of trash, debris or construction material waste on or along a Borough roadway, private or public property, without having obtained a permit from the Code Enforcement Officer or his designee and paid the required fee.
1. 
Not more than one dumpster at any one time shall be permitted upon any construction site within the Borough of Sea Girt.
2. 
When placed upon a construction site, the placement of any dumpster must comply with the side and rear lot set back line requirements in accordance with the applicable Borough Ordinance and shall be placed no closer than five feet from any property line.
3. 
When it is necessary to place a dumpster upon Borough streets, prior permission must be obtained at least five working days in advance before placement of the container to allow inspection of site on the roadway by the Code Enforcement Officer or his designee and the Police Department. In addition, a suitable matting or cover shall be placed upon the surface of the roadway underneath said dumpster or container to minimize damage. Under no circumstances shall a dumpster or container be placed directly on the asphalt surface of the roadway.
4. 
Any person given permission to place a dumpster or container on the roadway shall deposit a maintenance bond in the form of a certified or cashier's check in the amount of $1,000 with the Borough. The Zoning Official, after consultation with the Police Department and the Department of Public Works, will then determine if the placement of said dumpster has caused any damage to the roadway. The cost of the repair will be deducted from the maintenance bond, and if it exceeds said amount, the permit holder will be responsible for the excess.
5. 
A dumpster or container placed on a Borough street may remain in the approved location for not more than 48 consecutive hours.
6. 
A valid permit from the Code Enforcement Officer is required.
7. 
All debris placed in the dumpster shall be contained below the top rim of said dumpster.
8. 
All dumpsters shall be kept covered in compliance with stormwater regulations adopted by the State of New Jersey, County of Monmouth or the Borough of Sea Girt.
9. 
In the event of storm warnings and upon notification by the Borough of Sea Girt Police Department, dumpsters must be removed from the premises immediately.
10. 
It shall be the responsibility of the property owner to maintain the dumpster and keep the unit clean, safe, and free of graffiti.
c. 
Markers and Warning Devices.
To warn the operators of vehicles of the presence of any roll-off dumpster or roll-off container parked on or adjacent to any roadway, dumpsters or containers shall be equipped with and display markers consisting of all red and yellow reflective diamond- shaped panels having a minimum size of 18 inches by 19 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of 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. In addition, traffic cones will be placed around the container. Additionally, each dumpster or container will be marked with reflective tape, at least six square inches in size, located along the top of each side and between 36 and 48 inches above the bottom of the dumpster on each corner of the dumpster.
d. 
Container Identification.
Containers must be properly labeled with the name, address and telephone number of the company supplying the container.
e. 
Exceptions; Permits.
1. 
Validity. Permits shall be valid for the specific name and approved location only.
2. 
(Reserved)
3. 
Fee Requirements. All initial applications for permits and requests for extension of permits shall be accompanied by the appropriate fee as set forth in paragraph f of this subsection.
4. 
Prohibitions.
(a) 
No disposal of living (or deceased) creatures of any kind.
(b) 
No disposal of hazardous materials, firearms, illegal substances or household trash.
f. 
Fee Schedule.
Issuance: $100.
g. 
Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to the penalties as provided in Chapter 1, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.
h. 
Failure to Remove; Removal by Borough; Cost to Be Lien.
1. 
If the dumpster or other container for the collection of trash, debris or construction material waste is not removed from private property within 10 days of the completion of the project, the Code Enforcement Official shall notify the owner that he has 10 days in which to have the dumpster removed from the premises. In the event the owner fails to comply and the dumpster or container is not removed, it shall be deemed to have been abandoned and the Code Enforcement Official may arrange for its removal and the disposal of the contents of the abandoned dumpster or other container for the collection of trash, debris or construction material waste. Any trash, debris or construction material in the dumpster shall be presumed to have been from the subject property. The costs associated with removal of the dumpster 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 Code Enforcement Official and forwarded to the Borough Council who shall examine the certificate and, if found correct, shall cause the same to be filed with the Tax Collector of the Borough and a copy of the detailed statement shall be immediately forwarded to the property owner by registered mail. This amount shall be charged against the land and shall forthwith become a lien upon the land and shall be added to and become and form part of the taxes next to be assessed and levied upon the land and to bear interest at the same rate as taxes and be collected and enforced by the same officers and in the same manner as taxes, all as provided by the provisions of the statutes of the State of New Jersey in such case made and provided.
2. 
In the case of a dumpster or container placed upon a roadway is not removed at the expiration of the permit, the maintenance bond shall be forfeited and become the property of the Borough of Sea Girt.