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.
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," 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.
[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.