[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 511, 2/22/2006, § II]
As used in this part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any receptacle placed on property in order to collect items
for recycling, including clothing and other personalty.
Owner for the purpose of this part when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
Any receptacle intended to collect waste from a site or property,
which shall include, but is not limited to, dumpsters, roll-offs or
any other container.
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In this part, the singular shall include the plural; the plural
shall include the singular; the masculine shall include the feminine
and the neuter.
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[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 511 2/22/2006, § III]
1.
It shall be unlawful for any person to create or maintain any condition
upon his property which could directly or indirectly cause a nuisance
or health hazard to residents of the Township. Specifically, the unsheltered
storage or maintenance of unused, stripped, damaged and generally
unusable machinery or equipment, or materials, shall be considered
a nuisance and/or health hazard if any of the following conditions
exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Openings or areas which are conducive to the harboring and growth
of vermin.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt or fall from its
original storage position.
D.
Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents and poisons.
E.
Any other condition which, in the opinion of the inspecting official,
shall be deemed to be a health hazard, potential health hazard or
nuisance.
2.
Waste receptacles.
A.
It shall be unlawful for any person to place on property or site
any waste receptacle in any residential zone or nonconforming residential
areas not in accordance with the municipal bulk waste removal provisions
without a permit issued by the Township.
B.
All permits issued for waste receptacles in accordance with this
provision shall automatically expire within three months from the
date of issue and may be renewed upon approval by the Township's Zoning
and Administrative Offices upon submission of written request to the
Township.
C.
All permits for placement of waste receptacles along Township streets
and roadways will automatically expire within seven days of placement.
All such permits will be issued upon proof or certificate of insurance
naming the Township as an additional insured against all claims or
damages that may arise as a result of the placement of said waste
receptacles.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 511, 2/22/2006, § IV]
1.
Storage of such items as listed in § 10-202 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in § 10-202 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, nuisances may also be stored outside in an area enclosed by a chain-link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition the machinery, equipment or materials shall be kept free of vermin infestation while being stored, and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 100 square feet. Such storage shall be within the building setback line established by the Zoning Ordinance (Chapter 27).
2.
Nothing herein shall be construed to permit the storage of machinery, equipment or material nuisances contrary to the provisions of the Township Zoning Ordinance (Chapter 27).
3.
Approval and maintenance of collection bins.
A.
Clothing and other collection bins as defined by this part shall
be situated on properties within the PI Planned Industrial District
and shall be permitted as a conditional use, which conditional use
shall be approved or disallowed by the Board of Supervisors after
consideration of the recommendations of the Lower Southampton Township
Planning Commission.
B.
For conditional use approval in accordance with § 27-2207 of the Zoning Ordinance (Chapter 27), such collection bins shall be solely owned by charitable nonprofit organizations, and written verification of the nonprofit charitable organization existence shall be provided at the time of application for the conditional use request.
C.
Upon conditional use approval, placement of such collection bins
shall be permitted after submission of a building permit signed by
the property owner and the applicant.
D.
The property owner shall be responsible to maintain the collection
bins in a safe, clean, sanitary manner, and shall replace such bins
with reasonable frequency to prevent an overflow of items from the
bins.
E.
All contents of the collection bins shall be within the confines
of the bins and shall not be visible outside of the bins.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
1.
The Department of Licence and Inspection is hereby empowered to inspect
grounds on which machinery, equipment and/or various materials are
stored to determine if there is compliance with the provisions of
this part. If noncompliance with the provisions of this part constitutes
a nuisance, or if any condition, structure or improvement poses a
threat to the health, safety or welfare of the public, it shall issue
a written notice to be served by registered or certified mail upon
the owner of said premises or, if the owner's whereabouts or identity
be unknown, by posting the notice conspicuously upon the offending
premises.
2.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice and, thereafter, to fully
comply with the requirements of the notice within a reasonable time.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
If the owner of grounds on which machinery, equipment and/or
materials are stored does not comply with the notice to abate the
conditions within the time limit prescribed, the Township shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections plus 10% of all costs. The Township,
in such event and pursuant to its statutory or otherwise authorized
police powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
1.
Any person aggrieved by the decision of the Department of License
and Inspection may request and shall then be granted a hearing before
the Board of Supervisors, provided he files with the Board of Supervisors
within 10 days after notice of the Department's decision a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor. The hearing shall commence not later than
30 days after the date on which the petition was filed unless postponed
for sufficient cause.
2.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Department of License and Inspection.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
as amended by Ord. 511, 2/22/2006, § V; and Ord. 532, 9/10/2008]
1.
Any person, firm or corporation who shall violate any provision of
this part, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
2.
Failure to comply with § 10-202.2 shall result in the automatic
revocation upon the conditional use approval after written notice
from the Township. Such collection bins shall be removed from the
property within, but no later than, 10 days after the date of the
Township's notice.
3.
Failure to remove the collection bins after notice from the Township
shall result in the Township's power and authority to enter onto the
property and remove such collection bins, and the property owner shall
be solely responsible to reimburse the Township for the costs of the
removal of the collection bins.
4.
The Township further reserves the right to seek enforcement and compliance with the provisions of § 10-202 by all legal means available, including, but not limited to, the filing of nontraffic summary offense citations. Upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, such person shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
The remedies provided herein for the enforcement of this part
or any remedy provided by law shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.
