[HISTORY: Adopted by the Borough Council
of the Borough of Moosic as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2008 by Ord. No. 13-2008]
As used in this article, the following terms
shall have the meanings indicated:
Any container used to collect any type of material for resale
or donation. Said containers exclude refuse or garbage containers.
Any individual, partnership, corporation, association or
LLC or similar entity.
A.
Any person wishing to place a material collection
container within the Borough of Moosic shall first file an application
with the Borough of Moosic and provide: name, address and telephone
number of owner of said material collection container; location of
said container; name and address of owner of property where said material
collection container shall be located; and a site plan showing the
location of said container.
B.
The applicant shall pay an application fee to the
Borough established by the Council of the Borough of Moosic by resolution.
C.
The permit shall be issued by the Borough Code Enforcement
Officer.
Material collection containers are prohibited
in all residential zones.
The owner of the material collection container
and/or the owner of the property on which said material collection
container is placed shall at all times keep said material collection
container in proper upkeep including regular painting.
A.
No material collection container shall be located
closer than 10 feet from any commercial building and 30 feet from
any residential building.
B.
Setbacks from all property lines (front, rear and sides) shall conform to the current Borough Zoning Ordinance, § 300-18B(3) for unattached accessory structures for the specific zoning districts in which the subject property is located.
A.
The owner of the material collection container and/or
the owner of the property on which the material collection container
is placed shall insure that the area around the container is kept
free of any and all debris and that the area is properly landscaped.
B.
Landscaping must be provided in accordance with the current Borough Zoning Ordinance § 300-19B(3)(c), Site element screens.
All items for deposit in any material collection
container shall be deposited inside said material collection container.
It is unlawful to deposit material outside of any material collection
container.
All material collection containers shall comply
with the following requirements:
A.
No flammable or combustible materials or any hazardous
materials shall be placed in or around any existing or proposed material
collection container.
B.
All material collection containers shall be designed
and constructed so at to reasonably prohibit unauthorized entry into
the material collection container by any person or persons, including
any small children. Such determination as to whether any existing
or proposed material collection container meets this safety requirement
shall be made solely by the Borough Code Enforcement Officer.
C.
No material collection container shall be placed so
that it impedes or causes to impede any vehicular or pedestrian traffic
or emergency service vehicles or personnel, within or along any public
right-of-way or any private property, including the property on which
it is located. Such determination as to whether any existing or proposed
material collection container meets this safety requirement shall
be made solely by the Borough Code Enforcement Officer, who may confer
with the Borough Police Department, the Borough emergency service
personnel, the Borough Engineer or the Pennsylvania Department of
Transportation prior to making such determination.
The permit granted hereunder shall not be transferable.
Any person who violates or permits a violation
of this article, upon being convicted before a District Justice, shall
pay a fine not exceeding $600, and any costs incurred by the Borough
of Moosic, and in default of payment of the fine and costs, shall
be subject to imprisonment in the Borough jail for a period not exceeding
30 days. Each day of the violation shall be considered a separate
violation and offense.