Township of Upper Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 106.
[Adopted 6-1-1992 by Ord. No. 3-1992]

§ 273-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOARD
The Board of Supervisors of Upper Burrell Township, Westmoreland County, Pennsylvania.
BUSINESSES
Construction and construction-related retail, fabricating, repair and manufacturing but not limited to these.
JUNK
Any and all forms of waste and refuse of any type of material including, but not limited to, scrap metal, abandoned and worthless household appliances, motor vehicles and construction machinery and parts for same, glass, industrial waste, packaging materials and scrap materials for manufacturing.
PERSON
Any natural person, partnership, firm, corporation or other legal entity including singular and plural, male and female.
PREMISES
Any parcel of land situated in Upper Burrell Township, Westmoreland County, Pennsylvania, having a separate Tax Map parcel number for county assessment purposes.
RESIDENCE
A location where the primary purpose is for maintaining a household and not for conducting business.
RUBBISH
Any and all forms of waste and refuse of any type of material including, but not limited to, all discarded metal, plastic, glass, ceramic and organic materials; papers; wood; boards; timbers; wooden pallets; pasteboard; rags; mattresses; discarded furniture or appliances; discarded clothes, shoes and boots; leather; carpets; broken glass; crockery; bottles; excelsior; floor sweepings; metal packing boxes and barrels and broken parts thereof; cans; tires; household refuse generally, including garbage; demolished building material; and any other material which by reason of its nature might give off toxic chemicals, obnoxious odors or dust or be unsightly or a fire hazard or harbor rats, vermin, insects or termites to the detriment of the health, safety or general welfare of the residents of Upper Burrell Township.
TOWNSHIP
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
VEHICLES
Every device in which, upon which or by which any person or property is or may be transported or drawn upon a highway and is ordinarily required to be currently registered with the Commonwealth of Pennsylvania except devices used exclusively upon rails or tracks.

§ 273-2 Business regulations.

A. 
It will be unlawful for the owners or operators of a business to place or accumulate rubbish, junk, offal or offensive material of any character around buildings, in streets, lanes, alleys, yards, on business property or on vacant ground in Upper Burrell Township or cause or permit any of such materials to be accumulated.
(1) 
Animal boarding establishments must remove animal excrement every 90 days or less.
B. 
Certain businesses, i.e., construction or construction-related businesses, vehicle repair businesses, but not limited to these, which by the very nature of the business must store equipment, vehicles or material will situate such items at least 20 feet from all established property boundaries of the premises occupied by the business.
C. 
There must be no accumulation of abandoned equipment, vehicles without current registrations or material that will not be used within a period of time reasonable for that particular business.
D. 
Businesses which must store quantities of equipment, vehicles or material, or businesses which must hold quantities of rubbish or junk for a reasonable time for disposal may be requested in writing by the Upper Burrell Township Board of Supervisors to erect a natural sight barrier or a three-foot to seven-foot high man-made sight barrier.

§ 273-3 Residential regulations.

A. 
It will be unlawful for the occupiers of residences or other buildings, or the owners or agents of owners of property to place or accumulate rubbish, junk, offal or offensive material of any character around residences, around buildings, in streets, lanes, alleys, yards or on vacant ground in Upper Burrell Township or cause or permit any of such materials to be accumulated.
(1) 
Farms not actively used for farming must remove animal excrement every 90 days or less.
B. 
A residence may have no more than one currently unregistered vehicle outside an enclosure or building on a premises at one time. This allows for one vehicle used for hobby purposes, i.e., racing, refurbishing or repairing, to be stored outside an enclosure or building on the premises.
C. 
This article is not written to prohibit a business being conducted in a residence. However, if a business is conducted in or on a residence premises, every part of § 273-2 of this article will apply.
D. 
Farm machinery and equipment and farm products and by-products are exempt from the operation of this section, provided that they are located on a farm which is actively used for farming.

§ 273-4 Violations.

A. 
Persons observing a violation of any part of this article should file a complaint in writing with the Board.
B. 
For the first alleged offense of this article, the alleged violator of any part of this article will be notified of such alleged violation by the Board of Supervisors or by any Township official or police officer by certified mail or by personal service of notice of the alleged violation. The notification to the alleged violator will also include a proposed remedy, will request that an appointment be made with the Upper Burrell Township Board of Supervisors to discuss the problem and will allow 30 days to remedy or resolve the alleged violation prior to the filing of any civil or criminal proceedings. For the second or any subsequent alleged offense of this article, the alleged violation notification procedures set forth hereinabove need not be followed prior to the filing of any civil or criminal proceedings.
C. 
If a property is in violation of this article at the time of a planned sale or transfer, such violation must be cleared before the sale or transfer or provisions for compliance made before transfer. The Municipal Lien Letter required of the Township at the time of the sale or transfer of property must state whether or not the property is in compliance with this Township ordinance at the time of issuance of the Municipal Lien Letter or that the Board has approved a plan submitted by the buyer and the seller to bring the property into compliance with this article.
D. 
The Board or any person may take any appropriate action at law or in equity, civil or criminal, to enforce the provisions of this article and this article will in no way restrict any remedies otherwise provided by law.

§ 273-5 Violations and penalties. [1]

Any person violating any of the provisions of this article shall, upon summary conviction thereof before a Magisterial District Judge, pay a fine not exceeding $1,000, together with costs of the prosecution, and in default of payment of such fine and costs of prosecution, shall be imprisoned for not more than 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 11-2-1992 by Ord. No. 5-1992]

§ 273-6 Short title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance."

§ 273-7 Definitions.

A. 
The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[2]
BULKY WASTE
Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Westmoreland or the Westmoreland County Board of County Commissioners.
DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid county license issued by the Westmoreland County Department of Planning and Development pursuant to the applicable Westmoreland County ordinance.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of "residual or hazardous waste" under Act 97[3] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 273-8 Prohibited activities.

A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality, any garbage, rubbish, bulky waste, or any other municipal or residual waste except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
B. 
It shall be unlawful for any person to burn any solid waste, including leaf waste, within the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
C. 
It shall be unlawful for any person to process and/or dispose of any solid waste in the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the municipality without a current, valid license to do so issued by the Westmoreland County Department of Planning and Development.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior written approval from the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at any approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
G. 
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection, or to discard or dispose of any lead acid battery except by delivery to a secondary lead smelter permitted by the U.S. Environmental Protection Agency, or a collection or recycling facility approved by the Department.

§ 273-9 Storage of solid waste.

A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.

§ 273-10 Collection.

A. 
All households and homeowners shall utilize the services of a licensed collector of their choice for disposal of their domestic waste or household waste, unless they can demonstrate that the waste is properly disposed in a manner consistent with this article and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
B. 
All licensed collectors and licensed waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, Regulations for Collection and Transportation of Municipal Waste.
C. 
All municipal waste collected within the municipality shall only be conveyed or transported to the Waste Management Imperial Landfill or the Valley Landfill, which is the county-designated disposal facility selected by the municipality pursuant to the approved Municipal Waste Management Plan for Westmoreland County by the applicable Upper Burrell Township resolution.

§ 273-11 Licensing.

No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the municipality without first obtaining a license from the Westmoreland County Department of Planning and Development pursuant to the requirements of the applicable Westmoreland County ordinance.

§ 273-12 Injunction powers.

The municipality may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 273-13 Violations and penalties. [1]

Any person who violates any provision of this article shall, upon conviction, be guilty of a summary offense which is punishable by a fine of not more than $1,000, or in default of payment of such fine, then by imprisonment for a period of not more than 90 days, or both. Each day of violation shall be considered a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).