[Adopted 8-24-1987 by Ord. No. 1987-5]
For the purpose of this article, the following words shall have the meanings herein indicated:
BUILDING
Any structure constructed or used for a residence, business, industry, or other public or private purpose, or accessory thereto, and including porches, swimming pools, greenhouses, stables, garages, roadside stands, mobile homes, and similar structures, whether stationary or movable.
OBSTRUCTION
Any opaque, transparent or semitransparent object or structure which can cause a reduction of visibility.
PERSON
Any individual, association, public or private corporation, partnership, firm, trust, estate or any legal entity.
PLANTING
Any vegetative growth, whether planted as part of the landscaping or left to grow in a natural state.
STREET
A strip of land, including the entire right-of-way, intended as a means of vehicular circulation.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A. 
No building, structure, planting, or other obstruction shall be permitted which would endanger public safety along any street or public roadway by obscuring sight visibility along said street.
B. 
Intersections.
(1) 
No building, structure, planting or other obstruction shall be permitted which would endanger public safety by obscuring sight visibility at public street intersections.
(2) 
A one-hundred-foot clear sight triangle shall be maintained at all street intersections. The clear sight triangle shall be established by measuring 100 feet from the intersection of the street center line along said center lines. Said clear sight lines shall be measured at a height of three feet above the surface of the street.
The Manager of the Township, or, if there is no Township Manager, then the Township Zoning Officer, who shall be deemed to have police powers in the enforcement of this article, shall serve written notice, either personally or by certified or first-class mail, on any person violating the provisions of this article to remove the vision obstruction along any public street or at the intersection of any public street. Upon failure of said person to comply with such notice within one year for buildings and other structures or within 90 days for plantings and other obstructions or to request a hearing within 90 days in any case before the Board of Supervisors pursuant to the Act of December 2, 1968, P.L. 1133, known as the "Local Agency Law,"[1] the Board of Supervisors of the Township may remove or cause to be removed the vision obstruction and collect the cost of such removal, together with a penalty of 25% of the cost of the removal, from the person failing to comply with such notice by summary proceedings or in the manner provided for collection of municipal claims or by an action of assumpsit without the filing of a claim. The Board of Supervisors may also institute proceedings in equity to enjoin violations of this article.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
[Added 4-14-2014 by Ord. No. 2014-01]
A. 
Purpose. The primary purpose of public streets is for use by vehicular and pedestrian traffic. Reasonable regulation of obstruction in public streets and sidewalks is necessary to protect the health, safety and welfare of the general public.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DUMPSTER
A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dumpsite.
PORTABLE STORAGE DEVICE
Any item placed in a street that is not a motor vehicle, as defined by the Pennsylvania Vehicle Code, or a temporary dumpster, including, but not limited to, containers commonly known as "portable storage devices" or "PODS®."
TEMPORARY DUMPSTER
Any dumpster used or intended as a disposal facility for construction, renovation, or demolition projects, special events, seasonal use, or other purposes not permanent in nature.
C. 
Prior to the issuance of any permit for any dumpster, temporary dumpster, or portable storage device, its location and usage shall be reviewed and approved by the Township.
D. 
A permit for a dumpster, temporary dumpster, or portable storage device shall be for an initial term of not more than 14 days. Provided the applicant is in compliance with all provisions of this article and all other applicable Township regulations, a renewal permit may be approved and issued for an additional fourteen-day period upon application and payment of the permit renewal fee. Not more than one renewal permit shall be issued by the Township for any dumpster, temporary dumpster, or portable storage device placed upon any Township street. The dumpster, temporary dumpster, or portable storage device shall be removed prior to the expiration of the permit.
E. 
The following requirements shall apply to any dumpster, temporary dumpster, or portable storage device placed upon public streets or pedestrian ways in the Township: No dumpster, temporary dumpster, or portable storage device may be placed on any arterial or collector roads in the Township; within 40 feet of an intersection; or within any prohibited or restricted areas.
F. 
Sufficient reflective tape shall be placed upon all four sides of the dumpster, temporary dumpster, or portable storage device in such a manner as to make it visible at night.
G. 
Each of the dumpster, temporary dumpster, or portable storage device rollers or wheels (if any) must be placed upon a wooden pad of at least six inches by six inches and at least 3/4 of an inch in thickness, or on a similarly protective device, in order to prevent damage to the road surface.
H. 
No dumpster, temporary dumpster, or portable storage device shall be placed nearer than 15 feet to any fire hydrant within the cartway or other area intended for firefighting equipment.
I. 
The name, address and telephone number of the dumpster, temporary dumpster, or portable storage device owner/operator shall be conspicuously placed on at least two sides of the device.
J. 
No dumpster, temporary dumpster, or portable storage device shall be placed within the cartway of any street extending a distance of more than nine feet from the curbline or edge of the cartway.
K. 
The location of any dumpster, temporary dumpster, or portable storage device upon any public street shall not interfere with any required clear sight distance across any intersection.
L. 
The location of any dumpster, temporary dumpster, or portable storage device upon any public street shall not obstruct any pedestrian way or the travel lane of any public street.
M. 
No dumpster, temporary dumpster, or portable storage device shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk, or other area intended for pedestrian travel.
N. 
No dumpster, temporary dumpster, or portable storage device shall contain any hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity.
O. 
No materials contained in a dumpster, temporary dumpster, or portable storage device shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.
P. 
No dumpster, temporary dumpster, or portable storage device shall be placed in such a manner as to interfere with the operation or maintenance of any public utility.
Q. 
The permit shall be conspicuously placed in a location that permits it to be identified from a public street.
R. 
The placement of any dumpster shall be in accordance with all requirements of the Commonwealth of Pennsylvania Motor Vehicle Code.
S. 
If any damage or injury to the cartway, curb or sidewalk shall be caused or done by the use or occupancy of any street or road hereunder, the party to whom such permit shall have been issued shall be responsible and liable for the same and shall restore the cartway, curb and/or sidewalk to its original condition. If the permittee refuses to properly restore the cartway, curb and/or sidewalk to its original condition, the Township may do so and collect the cost of the same from the permittee.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof by summary proceeding before any District Justice having jurisdiction, be sentenced to pay a fine of not more than $300. If a defendant, sentenced to pay a fine or costs after a finding of guilt in a summary case, defaults in such payments, the defendant may be sentenced and committed to the Lancaster County Prison for a period not exceeding 30 days. Such fine and costs shall be in addition to the remedies provided in § 231-13 of this article and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this article shall be paid to the Treasurer of the Township for the general use of the Township.