Law targets storage units, construction debris bins

BY CLARE MARIE CELANO Staff Writer

FREEHOLD – Municipal officials are preparing to adopt rules which will state how long a portable storage container may be kept on private property.

At its Jan. 22 meeting the Borough Council introduced an ordinance which discusses the use of portable containerized property storage units and construction debris garbage bins.

A public hearing, second reading and possible vote for adoption of the ordinance have been scheduled for the council’s Feb. 19 meeting.

A

ccording to Borough

Administrator Joseph Bellina, the issue of an ordinance addressing these type of containers came to the forefront following complaints from residents at council meetings and concerns expressed by code enforcement officer Hank Stryker III.

In a letter to Bellina, Stryker referred to the containers and stated that there has been an increase in the number of containers throughout the borough. He noted that the borough’s zoning ordinance does not address their use. Stryker advised the council to review the issue and determine if an ordinance should be adopted to regulate the use of these types of containers.

The ordinance that was introduced in January is an amendment to the borough’s Health and Safety code and addresses outdoor storage. The ordinance states that the use of portable containerized property storage units may “pose a hazard to the public health, safety, general welfare and the quality of life” of residents.

It states that it is in the public interest “to regulate the storage of certain materials on the exterior premises and the use of such portable containerized storage units.”

According to the ordinance, the council wants the exterior of borough properties maintained so that their appearance reflects a “level of maintenance in general, keeping with the standards of the neighborhood such that the appearance shall not promote or contribute to a blighting effect upon neighboring properties,” or that the exterior of the premises shall not “contribute to a progressive deterioration and downgrading of neighboring properties.”

The ordinance states that a portable containerized property storage unit may not be placed in the setback as reflected in the land use ordinance. Such a unit is not allowed to remain on a property for more than 90 days. This time period may be extended by request in writing to the borough zoning officer upon the showing of need.

The portable storage unit can only be used for storage of personal property, furniture and household items. It may not have a height of more than 7 feet nor a length of more than 10 feet nor a width of more than 8 feet. The access doors must be secured with locks.

The proposed ordinance also addresses the use of construction garbage bins in single-family residential zones. A construction garbage bin may not be on the premises for more than 90 days, unless the dwelling is being constructed, in which case it cannot be there for more than 180 days.

If the construction garbage bin is on the property the law will require that the area around the container be kept free of debris and litter. If the garbage bin produces or causes noxious, foul or offensive odors it will be immediately removed or cleaned. If full, it will have to be removed

within two days. The ordinance is under the

enforcement powers of the

zoning officer, the police

department and the code

enforcement office. Anyone

found violating the

ordinance will be liable

to a fine not to exceed

$2,000.

The storage of certain items is prohibited on residential properties, according to the ordinance, and includes “any bulky items such as appliances or nonoutdoor furniture, except in a fully enclosed structure; construction material and equipment involving, but not limited to, ladders, scaffolding, cement, concrete, building blocks, sheetrock, plywood, studs and beams, excavating equipment, etc., for more than 120 days, except in a fully enclosed, screened or landscaped manner.

Storage is only permitted during the course of construction occurring on the premises.

Also prohibited is landscaping equipment and supplies “including, but not limited to, mowers, chippers, shredders, pavers, mulch in bags or piles, for more than 120 days, except in a fully enclosed screened or landscaped manner. Such storage is only permitted for materials to be used on the premises and not for any commercial use.

Tires and other motor vehicle equipment and parts are also prohibited on the property, except when stored in a fully enclosed structure. This type of storage is only permitted for the personal use of the residents and not for any commercial use.

Bellina said residents are understanding as far as the need for people to store certain things for a specific period of time when certain situations, such as when a fire occurs or another situation in which furniture and household goods would need to be stored temporarily.

“But people cannot choose to store Christmas decorations or clothes in an outdoor container for any length of time. This becomes a nuisance and although people in town are understanding, the need to store something cannot be confused with the convenience to do so,” he said.