[Ord. 2002-9, 10/7/2002]
1.
Interchangeability. Words used in the present tense include the future;
words used in the masculine gender include the female and neuter;
and the singular number includes the plural and the plural the singular.
2.
Terms Not Defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings as the context implies.
3.
CARTWAY
COMMERCIAL USE DUMPSTER
CONSTRUCTION WASTE DUMPSTER
GARBAGE
NONCONSTRUCTION WASTE DUMPSTER
PERSON
PUBLIC RIGHT-OF-WAY
RUBBISH
SIDEWALK AREA
SIDEWALKS
TREE LAWN
TREE LAWN AREA
Definitions. As used in this Part, the following terms shall have
the meaning indicated:
Portion of the right-of-way designated for vehicular use.
This shall include both opened and unopened streets.
Dumpster used in connection with a wholesale, retail, manufacturing,
and food service oriented businesses.
A unit designed for the deposit of waste materials at building
construction, repair or demolition sites. Commonly located on a temporary
basis on a public right-of-way abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
A unit designed for the deposit of all types of rubbish materials,
excluding garbage. Generated at sites other than building construction,
repair or demolition.
Any individual, firm or partnership, association or corporation.
The width of a strip of land between the property lines set
aside for public use or ownership as a street, alley, crosswalk, easement
or other facility.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste such as paper, wrappings, cigarettes, cardboard,
yard clippings, wood bedding, crockery and similar items.
Area from the curb lines to the property lines which is designated
by the Borough Engineer's office for pedestrian use.
Portion of the walk area, which is paved for pedestrian use.
Portion of the tree lawn area, which is grass and/or tree,
lined.
Area extending from the curb line to the sidewalk area, which
is designated by the Borough Engineer's office for grass or trees.
[Ord. 2002-9, 10/7/2002]
1.
It shall be unlawful for any person to place upon, cause to be placed
upon or to permit to remain upon a public right-of-way a construction
or nonconstruction waste dumpster without first filing with the Code
Enforcement Officer an application, in writing, and obtaining a formal
permit. The duration of such permit shall be stated thereon, and the
continued validity of such permit shall be contingent upon full compliance
with the regulations set forth in this Part.
2.
An application for a permit shall be filed with the office of Code
Enforcement by the property owner or a licensed contractor employed
in their respective field by the property owner in connection with
the placement of a construction or nonconstruction waste dumpster.
An application must be signed by the property owner. In the case of
a permit being issued to a licensed contractor employed by the property
owner, the contractor must also sign an application.
3.
All permits issued shall cover only the work set forth in the permit
application; however, in the event that it is necessary to replace
a construction or nonconstruction waste dumpster upon a public right-of-way
prior to completion of said work, additional permits shall not be
required.
4.
The placement of only one dumpster per job site upon a right-of-way
shall be permitted at any one time. Except in the event of an emergency
concerning the public welfare.
5.
No permits shall be issued by the Code Enforcement Officer if, in
his opinion, the location and placement of the construction or nonconstruction
waste dumpster will create a safety hazard to the use of the sidewalk
area, tree lawn area or cartway by pedestrians or vehicles.
6.
Upon the issuance of a construction or nonconstruction waste dumpster
permit by the Code Enforcement Officer. The permit must be displayed
in a conspicuous place in front of the premises plainly visible to
passersby and kept there for the duration of the permit. The applicant
is responsible for the maintenance of this permit and should it be
destroyed or removed, must immediately obtain another permit.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
A fee, in an amount as established from time to time by resolution
of Borough Council, shall be paid for each construction or nonconstruction
waste dumpster permit issued by the Code Enforcement Officer.
[Ord. 2002-9, 10/7/2002]
A construction waste dumpster shall be permitted to be placed
upon a public right-of-way for maximum period of 15 days during building
construction, repair or demolition projects for which a building permit
was secured from the Code Enforcement Officer. The Code Enforcement
Officer, for cause shown (i.e., such as inclement weather conditions
which prohibit or delay work or other valid reasons of similar nature),
shall have the discretion to approve a time extension for a construction
waste dumpster; however, under no circumstances shall a construction
waste dumpster be permitted to be placed upon a public right-of-way
exceeding 45 days. In no event shall a full waste dumpster be allowed
to remain in the public right-of-way, notwithstanding the time specified
above, for more than 72 hours.
[Ord. 2002-9, 10/7/2002]
A nonconstruction waste dumpster shall be permitted to be placed
upon a public right-of-way for a maximum seven consecutive days. The
Code Enforcement Officer, for cause shown (i.e., such as inclement
weather conditions which prohibit or delay work or other valid reasons
of similar nature), shall have the discretion to approve a time extension
for a nonconstruction waste dumpster. However, under no circumstances
is a nonconstruction waste dumpster permitted to be placed upon a
public right-of-way exceeding 30 days. In no event shall a full nonconstruction
waste dumpster be allowed to remain in a public right-of-way, notwithstanding
the time period specified above, for more than 72 hours.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
1.
Regulations to the placement of construction and nonconstruction
waste dumpsters upon a public right-of-way are as follows:
A.
The placement of a construction/nonconstruction waste dumpster upon
a public right-of-way must be temporary in nature and must be one
that can be readily removed from the right-of-way.
B.
A construction/nonconstruction waste dumpster placed upon a right-of-way
shall not extend into a cartway, nor impede or endanger the free flow
of pedestrian or vehicular traffic.
C.
A construction/nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 20 feet of a crosswalk at
an intersection.
D.
A construction/nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 20 feet of a fire hydrant.
E.
A construction/nonconstruction waste dumpster placed upon a public
right-of-way shall bear the owner's name and telephone number
displayed in a conspicuous place plainly visible to passerby and kept
there for the duration of the permit.
F.
A construction/nonconstruction waste dumpster placed upon a public
right-of-way shall bear reflective markings in sufficient positions
and with sufficient reflective capacity to provide reasonable warning
to approaching nighttime traffic of its location.
G.
No public right-of-way shall be closed for the purpose of location
or utilization of a construction/nonconstruction waste dumpster.
H.
The location and utilization of a construction/nonconstruction waste
dumpster upon a public or private right-of-way shall not be such as
to constitute a safety hazard to person or property.
I.
The placement of a construction/nonconstruction waste dumpster shall
not extend onto the sidewalk.
J.
The placement of a construction/nonconstruction waste dumpster shall
not extend into the tree lawn area, unless approved by the Code Enforcement
Officer.
K.
The placement of a construction/nonconstruction waste dumpster shall
not be permitted on the side of any public right-of-way, street, alley,
road, drive, etc., that is posted as "no parking this side" of street.
L.
The placement of a construction/nonconstruction waste dumpster shall
not be permitted on any public right-of-way posted as an "emergency
snow route" during the first day of November through to the last day
of February.
M.
The placement of a construction/nonconstruction waste dumpster shall
have a standard barricade light placed in continuous operation on
the dumpster side nearest the travel lane of the public right-of-way.
N.
The placement of a construction/nonconstruction waste dumpster upon
Wyoming Avenue, also known as Route 11, shall have the following restrictions
in addition to all previous placement regulations:
O.
The location and utilization of a construction/nonconstruction waste
dumpster placed upon a public right-of-way shall be in compliance
with all other federal, state, and local statutes, rules and regulations
applicable thereto.
P.
The placement of a construction/nonconstruction waste dumpster upon
a public right-of-way or private property shall not be placed within
10 feet of any structure.
Q.
Damages to the public right of way that is caused by the placement,
position, or removal of a construction/nonconstruction waste dumpster
shall be repaired by the owner of the waste dumpster. Repair of damage
to the right-of-way must be completed within 10 days of removal of
waste dumpster. The cost of repairs shall be the owner's responsibility.
[Ord. 2002-9, 10/7/2002]
A nonconstruction waste dumpster shall not be permitted to be
placed on a public right-of-way for the disposal of garbage as defined
in this Part.
[Ord. 2002-9, 10/7/2002]
1.
Whenever the placement of a construction/nonconstruction waste dumpster
shall have been declared a safety hazard to the use of the sidewalk
area, tree lawn area or cart way by pedestrians or vehicles by the
Code Enforcement Officer, or his designee, shall serve or cause to
be served upon the owner or other person who may have a vested or
contingent interest in said waste dumpster a written notice describing
the unsafe or hazardous condition and ordering the same be made safe
and secure or removed within 24 hours after notice has been issued.
2.
If the person to whom such notice and order is addressed cannot be
found after diligent search. Such notice and order shall be sent by
registered mail to the last known address of such person; and, a copy
of such notice shall be posted in a conspicuous place on the construction/nonconstruction
waste dumpster to which it relates. Such mailing and posting shall
be deemed adequate service.
3.
If the person served with a notice to make safe and secure or remove
the construction/nonconstruction waste dumpster should fail, within
the time frame specified by the Code Enforcement Officer or his designee,
to comply with the requirements thereof, the Code Enforcement Officer
or his designee, when authorized by Borough Council or Council President,
whichever is deemed appropriate, may have said waste dumpster removed
from the public right-of-way. Any costs incurred by the Borough shall
be paid out of the general fund on certification by the Code Enforcement
Officer or his designee.
4.
The Borough Solicitor or other prosecuting authority shall institute
proper actions against the owner of the construction/nonconstruction
waste dumpster. For the recovery of costs incurred by the Borough
in the performance of having said dumpster removed or moved to be
made safe.
[Ord. 2002-9, 10/7/2002; as amended by Ord. 2009-8, 12/7/2009]
1.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall before engaging in such operation obtain a license
therefor from the Office of Code Enforcement, after submission of
the following documents.
A.
A certificate of insurance, naming the Borough of Forty Fort as certificate
holder, establishing that said hauling contractor is currently covered
by a reputable insurance company acceptable to the office of Code
Enforcement and the Borough of Forty Fort. Covering said hauling contractor
in the amount of not less than $300,000. Being of single or split
limit for bodily injury and property damage. Said certificate shall
be for continuous coverage. In the event that the insurance is canceled,
the office of Code Enforcement shall be notified, in writing, within
30 working days by said insurance company.
B.
A certificate of workers' compensation insurance, naming the
Borough of Forty Fort as certificate holder. In the event that a hauling
contractor is not obligated to maintain worker's compensation
insurance, he shall be required to file a contractor affidavit form
with the office of Code Enforcement, affirming under oath that he
is not obligated to maintain workers' compensation insurance.
C.
Their federal or state employer identification number.
D.
An indemnity agreement in a form acceptable by the Borough of Forty
Fort Solicitor promising to indemnify, save harmless and defend the
Borough of Forty Fort, its officials, agents, servants and employees
and each of them against, and hold it and them harmless from, any
and all lawsuits, claims, demands, liabilities, losses, and expenses,
including court costs and reasonable attorney's fees, for or
on account of any injury, or any damage to any property, which may
arise or which may be alleged to have risen out of or in connection
with the placement or utilization of the waste dumpster in the public
right of way. A license shall not be transferable or assignable. Every
person licensed under this Part shall give immediate notice of any
change in his home or business address.
2.
Every person engaged in the business of construction and/or nonconstruction
waste dumpsters shall before engaging in such occupation pay an annual
license fee, in an amount as established from time to time by resolution
of Borough Council. Said license shall be valid from January 1 through
December 31 of each year. The license fee shall not be prorated.
3.
All construction and/or nonconstruction waste dumpster hauling contractor
licenses shall be issued by the Code Enforcement Officer. The license
shall be valid for one licensing year and renewed annually. Prior
to renewing a license, a hauling contractor must submit the following
documents to the Office of Code Enforcement.
A.
A certificate of insurance, naming the Borough of Forty Fort as certificate
holder, establishing that said hauling contractor is currently covered
by a reputable insurance company acceptable to the office of Code
Enforcement and the Borough of Forty Fort. Covering said hauling contractor
in the amount of not less than $300,000. Being of single or split
limit for bodily injury and property damage. Said certificate shall
be for continuous coverage. In the event that the insurance is canceled,
the office of Code Enforcement shall be notified, in writing, within
30 working days by said insurance company.
B.
A certificate of workers' compensation insurance, naming the
Borough of Forty Fort as certificate holder. In the event that a hauling
contractor is not obligated to maintain worker's compensation
insurance, he shall be required to file a contractor affidavit form
with the office of Code Enforcement, affirming under oath that he
is not obligated to maintain worker's compensation insurance.
C.
Their federal or state employer identification number.
4.
In the event that a licensed construction and/or nonconstruction
waste dumpster hauling contractor fails to renew his license within
20 Borough business days after the date the license has expired, the
hauling contractor will be required to apply for a new license in
order to operate under this Part.
5.
Any construction and/or nonconstruction waste dumpster hauling contractor's
license issued to any person may be suspended by the Code Enforcement
Officer if, after a thorough and proper investigation, it is determined
that:
A.
Said license was partially or wholly procured by or through nondisclosure,
misstatement of misrepresentation.
B.
A previous imposed penalty shall not have met with full compliance.
C.
The holder of said license has repeatedly and/or willfully violated
any of the provisions of this Part. "Repeated violation" is hereby
defined as a minimum of three separate offenses within a period of
five years under this Part for which the licensee of offender has
either pleaded guilty or has been found guilty by a magisterial district
judge or other court of competent jurisdiction.
D.
The Code Enforcement Officer, prior to invoking a suspension of a
license, shall first cause to be served upon said license, by certified
or registered mail, a written notice of suspension or revocation of
license, as the case may be, setting forth in specific terms and language
the nature of the repeated violations, the times thereof and places
of occurrence.
E.
On a first offense, a hauling contractor's license shall be
suspended for a period one to three months. On a second offense, a
hauling contractor's license shall be suspended for a mandatory
six months. A third offense shall constitute an immediate revocation
of a hauling contractor's license.
F.
Any person aggrieved by the suspension of such license may take an
appeal to the Borough of Forty Fort Council, members of the Law and
Ordinance Committee. In writing, within 10 days from the date notice
of license suspension is mailed.
G.
If, during the time of suspension, a hauling contractor's license
is eligible for renewal, said contractor will be exempt from meeting
the license renewal provisions for the entire time period said license
is suspended. After suspension is removed by the Code Enforcement
Officer, the license renewal provisions shall apply.
6.
Revocation of License. Any construction and/or nonconstruction waste
dumpster hauling contractors license issued to any person may be immediately
revoked by the Code Enforcement Officer if after a thorough and proper
investigation, it is determined that:
A.
The holder of said license has willfully or negligently damaged or
caused to be damaged the Borough's public right-of-way.
B.
The holder of said license has willfully or negligently placed a
construction/nonconstruction waste dumpster in a public right-of-way
which has created a dangerous or unsafe condition which poses a threat
to the safety and welfare of pedestrian and/or vehicular traffic.
C.
The holder of said license has repeatedly and/or willfully ignored
stop-work order(s) issued by the Code Enforcement Officer or his designee.
D.
Any hauling contractor's license, which has been revoked by
the Code Enforcement Officer, shall not be reactivated.
E.
Any person aggrieved by the revocation of such license may take an
appeal to the Law and Ordinance Committee. In writing within 10 days
of notice of suspension or revocation is mailed.
F.
Use of license by another prohibited. No person licensed under these
provisions shall allow a permit to be issued in his or its own name
for use by a person not licensed as required herein to place construction/nonconstruction
waste dumpsters within the Borough's public right-of-way, under
penalty of forfeiture of his or its license.
[Ord. 2002-9, 10/7/2002]
1.
All commercial use dumpsters located in or near a residential zoning
district shall be subject to the following:
A.
Screening may be required at the discretion of the Code Enforcement
Officer.
B.
The dumpster shall be located at a convenient point furthest away
from neighboring residential properties as possible.
C.
It is required that odor control deodorants be used.
D.
The area around the commercial dumpster be maintained in a neat and
orderly fashion.
E.
In the event of a conflict between a resident and the owner of the
commercial establishment using a commercial use dumpster the issues
may be mediated by the Zoning Code Enforcement Officer and the decision
shall be reviewed and finalized by the members of the Forty Fort Council.
F.
Hours of pick up shall be between 8:00 a.m. and 8:00 p.m. Monday
through Saturday.
