Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 9-12-1963 by Ord. No. 167. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 66.
Sewers — See Ch. 95.
Trash collection — See Ch. 109.
Fees — Ch. A121.
No paper, trash, rubbish, ashes, junk, waste or discarded materials of any kind shall be thrown, deposited or dumped in any ravine, quarry, ditch or gutter, on any highway, road, street, avenue, lane, alley, sidewalk or footpath in the Township of Whitemarsh nor on any public place or private property, vacant or occupied, within the limits of said Township.
No leaves, grass, weeds, hedges, tree trimmings or any other material shall be burned within the boundaries of any public highway; nor shall any fire be made which will cause damage to a highway or street paving.
It shall be unlawful for all individuals, corporations and businesses owning or occupying property along any public highway, road, street, avenue, lane or alley in the Township of Whitemarsh to drain or allow to flow into or upon any highway, road, street, avenue, lane or alley, by pipe or any other channel, whether natural or artificial, any water or drainage from sinks, bathtubs, washstands, lavatories, water closets, swimming pools, privies or cesspools of any kind or nature whatsoever, or any other foul or offensive water or drainage[1] of any kind, or to allow any such water or drainage to percolate into or upon said highway, road, street, avenue, lane or alley.
[1]
Editor's Note: See Ch. 95, Sewers.
Nothing in this chapter shall be construed to prohibit municipal dumps maintained by the Township of Whitemarsh or a reasonable accumulation of ashes and rubbish on private property by the owners thereof.
Nothing in this chapter shall be construed to prohibit landfill operations within the Township when the following conditions are met:
A. 
A permit is obtained from the Supervisors.
B. 
The requirements of the Commonwealth of Pennsylvania are complied with.
C. 
The rules, regulations or conditions of the permit of the Township are complied with.
D. 
Use of the landfill site by the Township of Whitemarsh or its permittees is available.
E. 
There is payment of an annual fee as provided in § 48-7 hereafter.
Nothing in this chapter shall be construed to prohibit the Township of Whitemarsh from permitting any of the several property owners within the Township of Whitemarsh possessing nonused or abandoned quarries to lease their property to a municipality upon written application and the payment of an annual license fee to the Township of Whitemarsh and the acceptance of such terms and regulations from time to time adopted by the Township of Whitemarsh.
[Amended 3-18-1982 by Ord. No. 425]
The annual fee required by virtue of §§ 48-5 and 48-6 herein shall be determined annually, adopted by resolution of the Board of Supervisors, and shall not be less than the amount set in Chapter A121, Fees. The fee shall be fixed by the Supervisors by taking into consideration traffic supervision of the operations and such other factors that would tend to provide for an orderly operation.
[Amended 3-18-1982 by Ord. No. 425; 12-8-1988 by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this article shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
[Added 12-14-2006 by Ord. No. 825]
A. 
Leaf and yard waste defined. For the purposes of this chapter, "leaf and yard waste" (collectively, "yard waste") shall be any leaves, garden residues, grass clippings, shrubbery or tree trimmings and similar material, but not including twigs or branches greater than six inches in diameter and six feet in length, rocks or stones.
B. 
Yard waste program established. There is hereby established, subject to the terms and conditions set forth herein, a program for the voluntary deposit at designated Township facilities of yard waste (the "yard waste program") from all single family residences and multifamily residences located within the Township (the "eligible properties"). Participation in the yard waste program is strictly voluntary. The deposit of yard waste from properties located outside of the Township is specifically prohibited.
C. 
Eligible participants. Yard waste from eligible properties may be deposited at designated Township facilities by Township residents, upon proof of residency, and by private contractors licensed by the Township pursuant to the provisions as further set forth herein.
D. 
Drop-off locations and hours. Yard waste may be deposited at the Whitemarsh Township Public Works Facility, located at 2015 Joshua Road, Lafayette Hill, PA 19444, between the hours of 6:30 a.m. and 2:30 p.m., Monday through Friday (the "designated facility"). The deposit of yard waste at a nondesignated facility or at a designated facility at any time beyond the hours of operation established herein shall be a violation of this article, subjecting the offending party to civil penalties as provided for herein.
A. 
Except as otherwise provided herein, no person shall attempt to deposit yard waste from any eligible property at a designated facility without first obtaining a license from the Township to do so.
B. 
Every applicant for a license shall make application in writing, on a form provided for that purpose (the "application"), to the Township Manager or his designee for a "license to deposit yard waste" (the "license") and a "depositing vehicle permit" (the "vehicle permit") for each vehicle proposed to be operated by the applicant for the purpose of the deposit of yard waste at a designated facility. The application shall, at a minimum, contain the name, address and telephone number, the number and types of vehicles operated, and the true owner, of the applicant concerned, along with any other information requested by the Township. Every application, when filed, shall be sworn to by the applicant and shall be accompanied by such application and annual licensing fee as may be established from time to time by resolution of the Board of Supervisors.
C. 
The Township Codes Department shall be responsible for the issuance of a license and vehicle permit for the purpose of depositing yard waste from eligible properties at a designated facility to an applicant demonstrating compliance with the provisions of this article and shall issue a license and vehicle permit to all applicants so complying with this article. Any party issued a license and vehicle permit by the Township shall hereinafter be referred to as a "licensed contractor."
D. 
No license shall be transferable.
E. 
Every license shall expire automatically at 5:00 p.m. on December 31 of the calendar year in which it is issued.
F. 
The provisions of this § 48-10 shall not apply to Township residents depositing yard waste from an eligible property at a designated facility.
A. 
There shall be no charge for Township residents to deposit yard waste from an eligible property at a designated facility, provided proof of residency, in a form satisfactory to the Township staff on duty at the designated facility, is provided at the time of deposit.
B. 
For licensed contractors, applicable fees for the deposit of yard waste shall be as established pursuant to a fee schedule adopted by resolution of the Board of Supervisors.
A. 
Upon providing proof of residency to the Township staff on duty, any Township resident shall be permitted to deposit yard waste from an eligible property at the designated facility during the hours of operation identified herein, free of charge and without limit as to the quantity of yard waste to be deposited.
B. 
In order to deposit yard waste from an eligible property at a designated facility, a licensed contractor shall check in at the office trailer upon arrival at the designated facility; identify the location within the Township where the yard waste originated; provide proof of a valid License and vehicle permit; and pay the applicable deposit fee.
C. 
Any individual lacking either satisfactory proof of Township residency or a validly issued license will be turned away and will not be permitted to deposit yard waste at the designated facility until proof of Township residency or a validly issued license is supplied to Township staff.
A. 
Any person, corporation, partnership or other entity whatsoever violating any of the provisions of this article, whether knowingly or unknowingly done, shall, upon conviction, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution for each and every offense.
B. 
The Township's Director of Code Enforcement may suspend the license and vehicle permit of any licensed contractor found to have violated the provisions of this chapter for a period of 30 days from discovery by the Township of the first violation. In the case of two violations within a twelve-month period, the Township's Director of Code Enforcement may suspend the license and vehicle permit for a period of 90 days from the discovery by the Township of the second violation.
C. 
The Township reserves the unqualified right to refuse deposit of any material determined by Township staff, in its sole discretion, to violate the provisions of this article.