Ordinance 2529: Dumpsters

A discussion during last night’s Municipal Land Use Board (MLUB) brings into question the wording on a proposed law to extend the number of days a dumpster can be on a driveway or street in the borough.

Ordinance 2529 changed the number of days that a dumpster can be on a property or public right-of-way from seven (7) to thirty (30) business days. It should be noted that these are business days – not calendar days which, in reality, can mean up to a month and a half.

A permit, along with an accompanying $100 fee and proof of liability insurance, will still be required to have a roll-off dumpster of ten yards or more in Roselle Park.

Any individual requesting the use of a construction “roll-off” type dumpster of ten (10) yards or more will be required to apply for a permit through the Department of Public Works at a fee of one hundred ($100.00) dollars and to demonstrate proof of third party liability insurance. In addition, any individual requesting the placement of a construction “roll-off” type dumpster of ten (10) yards or more will be required to indemnify and hold the Borough of Roselle Park harmless from any and all claims resulting from the placement of that dumpster regardless of whether it is in or out of the municipal right-of-way.

All proposed municipal ordinances that deal with Chapter 40 – the land use section – of the Roselle Park Code Book must go before the MLUB for review and recommendations if any before there is a second reading and vote to codify by the mayor & council.

At last night’s MLUB meeting, liaison to the board – Council-At-Large Joseph DeIorio – addressed the members on the ordinance. At that time, MLUB member Peter Picarelli, who is also the municipality’s code enforcement officer, stated that the wording of the ordinance is not accurate.

Mr. Picarelli remarked, “My question on this is, right now, I know it’s 30 days for private property but we’re allowing 30 days in the street also? I think that’s way too long.”

Council-At-Large DeIorio commented to the board that the recommendation came from Frank Genova, the borough’s construction code official.

“I think it was supposed to be 30 days in the driveway [and] seven days in the street,” stated Mr. Picarelli.

After a brief discussion, the MLUB made the recommendation to formally recommend that the ordinance reflect that the 30 day extension is only to apply to a dumpster on a private driveway.

If council follows the MLUB’s recommendation and extends the duration of time to only the driveway, it would be considered a substantial change of the ordinance and it would have to either be amended and re-published with the new specific wording or voted down and then re-introduced as an entirely new ordinance. In either case, it would go back before the land use board for their review and have another public hearing. If council does not agree with the MLUB’s recommendation, the ordinance would pass ‘as-is’ and allow dumpsters to be on private property or in front of private property on the street for up to 30 business days.

This bill is set to have its public hearing and vote at Thursday night’s municipal meeting in the Roselle Park Municipal Complex located at 110 East Westfield Avenue. The meeting is scheduled with a 7 p.m. start time.

A copy of Ordinance 2529 is available below:

Download RP Ordinance 2529