October 7, 2008

BOROUGH OF HILLSDALE

ORDINANCE 08-13

AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE

BOROUGH OF HILLSDALE TO CREATE AN ORDINANCE ENTITLED “TEMPORARY STORAGE CONTAINERS”

WHEREAS, the Governing Body of the Borough of Hillsdale has determined the public need for regulating Temporary Storage Containers in the R-1, R-2, R-3 and R-4 zones, as well as for single-family detached dwellings in the C and I zone districts.

WHEREAS, currently the Borough of Hillsdale does not have a specific ordinance regulating Temporary Storage Containers; and

WHEREAS, the Governing Body believes it to be in the best interest of the Borough to create such ordinance for the benefit and protection of the citizens of the Borough.

NOW, THEREFORE BE IT ORDAINED by the Governing Body of the Borough of Hillsdale, Bergen County, New Jersey that the Code of the Borough of Hillsdale be and hereby is amended as follows:

Amend Section 310-4 “Definitions” of the Hillsdale Land Use Ordinance to include the following definition:

Temporary Storage Container - Any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Temporary Storage Containers do not include self-propelled registered motor vehicles and shall not be used for habitation for humans or animals, or for the storage of commercial/industrial materials. Containers are only permitted on a lot containing a lawfully existing residential dwelling.

Amend Section 310-55 to include new Section 310-55J as follows:

310-55J Temporary Storages Containers. Temporary Storage Containers are permitted as defined in Section 310-4. Property owners and occupants of residential properties may apply for a permit to allow for storage containers on their properties in residential zones and/or on residential uses in nonresidential zones within the Borough of Hillsdale. Restrictions for the use and placement of storage containers are as follows:

(1) No person shall place upon any premises in the Borough a Temporary Storage Container unless a permit is acquired from the Borough Zoning Officer.

(2) Temporary Storage Containers are permitted in the R-1, R-2, R-3 and R-4 zone districts, and on properties improved with a single-family detached dwelling in the C/Commercial and I/Industrial zone districts.

(3) No more than one Temporary Storage Container shall be placed on an individual lot at one time.

(4) Temporary Storage Containers shall not exceed 8 feet wide, 10 ft. high, or 20 ft. in long.

(5) The storage container shall be located on an existing paved driveway, but when not placed on an existing driveway shall be located in the rear or front yard of the lot but no closer than ten feet from the front lot line.

In the event that the Zoning Official determines that it is not reasonably possible to place the temporary storage container at least ten feet from the front lot line, the Owner with the approval of the Zoning Official, may place the container in a paved driveway closer than ten (10’) feet from the lot line. The temporary storage container shall not obstruct pedestrian or vehicular traffic flow, obstruct sight distances and sight triangles at intersections of public streets, or be located within the public right-of-way.

(6) Temporary Storage Containers shall not be placed on a lot more than 180 days cumulatively within a 12-month period. The start date of the time period shall be the date of container delivery, which must be provided on the permit application. The delivery ticket must be supplied to the Zoning Officer upon request.

(7) A Temporary Storage Container permit shall expire 180 days from the permit issuance date. Not less than 30 days prior to the expiration of the 180-day time period, if additional storage time is required, the Applicant must submit an Informal Application with requisite fee to the Planning Board on forms provided by the Board Secretary. The applicant shall make an informal presentation to the Planning Board, thereafter the Board shall provide the Zoning Officer with guidance as to whether a permit time extension is warranted, and the length of time for the extension, where appropriate.

(8) Applications for Temporary Storage Containers shall be in writing on forms provided by the Borough and state the following:

a) Name and address of the owner of the property.

b) Name and address of the applicant.

c) Description of the temporary storage container, including size and dimension of temporary storage container and zone district in which the property is located.

d) A notarized statement indicating that the applicant understands and agrees that the Temporary Storage Container is temporary in nature and the applicant understands and has read the Ordinance regulating same.

e) Applications shall be reviewed by the Zoning Officer for completeness and thereafter issue said permit within seven calendar days of filing.

(9) The permit application and review fee shall be $50.00.

(10) This Chapter may be enforced by the Borough of Hillsdale Police Department, Zoning Officer, Construction Code Official, or such other employee or department of the Borough as designated by the Borough Administrator.

(11) Any person, corporation and/or entity violating or neglecting to comply with any provision of this Chapter, shall be subject to a fine of up to $500.00. Each and every week such violation or non-compliance exists shall constitute a separate offense and an additional fine shall be imposed.

(12) All Ordinances or parts of Ordinances inconsistent or in conflict with this Ordinance are hereby repealed as to said inconsistencies and conflicts.

(13) If the provisions of any section, part of any section, or clause or phrase of this Ordinance are for any reason held to be invalid or unconstitutional, said decision shall not affect the remaining provisions of this Ordinance.

(14) This Ordinance shall take effect immediately upon passage and publication as required by law.