Zoning Regulations (17:9-24B)
. Clothing and donation receptacles shall be regulated by the following provisions:
Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing/donation receptacle without first obtaining a permit from the Assistant Zoning Officer. Permits are renewable on an annual basis during the month of January. The application shall include the following information: The name and telephone number of the bona fide office of the person or entity who will operate the receptacle. The telephone number shall be a number at which such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office. The applicant shall also provide a phone number for hours outside of business hours to reach a responsible person for emergency purposes.
The manner in which the person or entity plans to allocate or spend the proceeds of collected donations.
The names and addresses of those who may share or profit from any clothing or other donations; and
- Written consent from the property owner to place the receptacle on the property and written acknowledgment from the property owner that the property owner shall insure compliance with the provisions of this section and shall be responsible for any violations.
- Once you receive a zoning approval, you will also need to submit an application with the Clerk's Office. The Clerk's Office Clothing Bin permit is renewable annually in January.
In addition to the above application requirements, a renewal application must include:
- A statement describing the manner in which the person has used, sold, or distributed any clothing or other donation collected from the receptacle, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates he or she may make in this process during the period covered by renewal;
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected from the receptacle, and of any entities which may do so during the period covered by the renewal, as well as a phone number for hours outside of business hours to reach a responsible person for emergency purposes; and
- If the location of the receptacle is to be moved, the new location where the receptacle is to be situated, as precisely as possible and written consent from the property owner of the new location.
Use and Location
The placement of receptacles shall abide by the following regulations:
- The City of Plainfield shall not grant an application for a permit to place, use, or employ a donation and clothing receptacle if it determines that the placement of the receptacle could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing receptacle within one hundred (100) yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases or the placement of a receptacle where it interferes with vehicular or pedestrian circulation.
- The person placing, using or employing a donation and clothing receptacle shall maintain the receptacle and the area surrounding the receptacle such that there shall be no accumulation of clothing or other items outside the receptacle.
- The clothing and donation receptacle shall be emptied no less than once a week and the area immediately surrounding shall be maintained in a clean and sanitary condition, and the clothing receptacle should remain in good working order and be painted and properly maintained.
The placement and/or use of a clothing/donation receptacle shall be regulated, and the use and location of receptacles shall be subject to the following requirements:
The location of clothing and donation receptacles is subject to all regulations regarding accessory structure found at Section 17:9-19.
No more than three (3) receptacles shall be located on any property.
Each clothing receptacle shall not exceed six (6) feet in depth, eight (8) feet in width and six (6) feet in height.
The clothing receptacle shall be located in such a manner that it will not interfere with pedestrian and/or traffic circulation or otherwise cause a traffic hazard by
virtue of any obstruction that it may create by its placement.
The receptacles shall be located in a clearly visible and well-lighted area to permit inspection and enforcement.
The clothing receptacle shall not be placed in parking stalls or parking aisles or in any location that may interfere with the safe and efficient flow of vehicular. No clothing receptacle shall be placed in a parking space designated as handicapped parking.
and pedestrian circulation. No clothing receptacle shall be placed in a required buffer area or within three feet of a property line, or in a sight triangle or fire zone.
No clothing receptacle shall be placed in the front yard of a property.
No clothes shall be stored outside the clothing receptacle.
- Whenever it appears to the Zoning Officer that a person is in violation of this chapter, the person who placed the receptacle shall be advised to correct the condition within twenty-four (24) hours. For other violations of this chapter, the Zoning Officer shall advise the person in violation to cure the said violation within ten (10) days of written notice of the violation. In addition to any other means used to notify the person who placed the receptacle, such warning shall be affixed to the exterior of the receptacle itself.
- In the event that the person who places the receptacle has three (3) violations of this chapter within a year, then the City of Plainfield may revoke the permit and require removal of the clothing receptacle. If the owner of the receptacle does not remove the receptacle after demand by the City, then the City may have the receptacle removed at the expense of the person who placed the receptacle and sell it at public auction or otherwise dispose of any clothing or other donations collected via the receptacle. Any proceeds from the sale of the donations collected via the receptacle shall be paid to the Chief Financial Officer of the City for placement in the general fund.
In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of this section or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) which results in seizure of the donation clothing receptacle shall be:
- Subject to a penalty of up to five hundred ($500.00) dollars for the first violation and not to exceed five thousand ($5,000.00) dollars for each subsequent violation. The City may bring this action in the City Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the City; and
- Deemed ineligible to place, use, or employ a donation clothing receptacle for solicitation purposes pursuant to this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing receptacle by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48- 2.60 et seq.) may apply to the Zoning Board of Adjustment to have that person's eligibility restored. The Zoning Board of Adjustment may restore the eligibility of a person who: (1) Acts within the public interest; and (2) Demonstrates that he or she made a good faith effort to comply with the provisions of this section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.