[Adopted 4-8-2010 by Ord. No. 752]
As used in this article, the following terms shall have the
meanings ascribed to them therein:
Any receptacle designed or utilized for the purpose of crushing,
compressing, storage and/or collection of refuse, trash, debris or
other solid waste materials.
Any type of receptacle that meets the definition of "portable
outdoor storage facility" of this article.
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
Any uncovered receptacle utilized for the storage and/or
collection of refuse, trash, debris or other solid waste materials.
A permit issued by the Township authorizing the temporary
placement of a dumpster, portable storage facility or container in
or upon a public street, public grounds or private property.
A portable device or container of 20 cubic yards or more
in size and intended for the storage of personal property. This does
not include recreational or work-related trailers.
This article shall be applicable to and shall be enforced upon the use of any container as defined in § 149-23 which is located on a public street, public grounds or private property. Furthermore, this article shall not be applicable to or enforced upon any business within Nether Providence Township which uses any container as defined in § 149-23 as a regular part of business or as part of any regularly scheduled trash removal.
Each application for a permit to place any container defined in § 149-23 on a public street or public grounds hereunder shall be accompanied by a certificate or certificates of insurance, in a form approved by the Township Manager, issued by one or more insurance companies authorized to do business in the Commonwealth of Pennsylvania certifying that said company or companies have issued or have written the following policy or policies, which shall not be cancelled until 15 days' written notice has been given to the Township:
A.
Comprehensive general liability, naming Nether Providence Township
as an additional insured, from the applicable hauling company in limits
acceptable to the Township.
B.
A policy to protect Nether Providence Township in the sum of at least $20,000 against any loss due to damage caused to any public street or other public property owned by Nether Providence Township by reason of the placement, maintenance, or use of any item as defined in § 149-23 pursuant to any permit issued hereunder.
Any person, firm or corporation desiring to use any item defined in § 149-23 on a public street, public grounds and/or private property within Nether Providence Township shall apply for a permit as required by this article by submitting an application form prepared and furnished by Nether Providence Township. At a minimum, the application shall set forth: the name of the owner and operator of the container, the name of the property owner or owners who will be utilizing the container, the location and size of the container, the dates the container will be located on the specific site and the generally the type of refuse, trash, debris, solid waste material or personal property that will be stored in the container.
A.
The permit shall be issued only for the actual period of time the
container will be located within Nether Providence Township, not to
exceed 30 days. In the event any permit expires while the container
is still located within Nether Providence Township, the applicant,
on or before the expiration date, must apply for a receive an extension
of the permit not to exceed 30 additional days.
B.
A permit fee of $25 must accompany the initial application payable
to Nether Providence Township, with a extension fee of $5 chargeable
upon request for an extension of the initial permit.
A.
No container shall be transported, emptied or serviced between the
hours of 7:00 p.m. and 6:00 a.m. Monday through Friday, 7:00 p.m.
and 8:30 a.m. on Saturday or anytime on Sunday or legal holiday, nor
shall a mechanical, hydraulic, electric loader, or compactor on the
container be utilized during such hours. The aforesaid shall not be
applicable to private trash haulers.
B.
No container shall be filled beyond the top of such container or
beyond any weight limits stated on the container. Containers shall
be emptied or removed as soon as practical when they are full, or
within 48 hours upon receipt of written notice by Nether Providence
Township.
C.
No container shall be filled using a chute, conveyor belt or other
device that is located on a public street or public property; nor
shall it be filled by throwing items across a public street or public
property unless specifically authorized by the permit.
D.
When not in use, all containers shall be covered with a lid, tarpaulin
or otherwise secured, to prevent debris from blowing out of the container.
E.
Any container located on a public street must have reflective material
which is located in areas that are readily visible to vehicular and
pedestrian traffic. Also, it should be located on the outermost sections
of the container delineating where the corners of the container are
located.
F.
The container must be removed by the permit holder on or before the
expiration date of the permit. The permit holder is responsible for
any clean-up of the area where the container is or was located.
Containers on public streets shall not be placed closer than
30 feet from any intersection, within 15 feet of any fire hydrant
or upon any one-way street. Furthermore, containers must be located
next to the property in which they are being utilized and cannot obstruct
the normal flow of traffic on the street.
In the event of an emergency, any container located on a public
street or public property may be removed by the Nether Providence
Township Police Department, Highway Department or the Emergency Management
Coordinator.
Violation of any terms or conditions of this article by the applicant, his agents, employees or container owner shall be reason for the immediate revocation of the permit. The container shall be removed immediately upon revocation. Such action shall be in addition to the penalties provided in § 149-32.
Any person, firm, or corporation violating any of the provisions
of this article shall be subject to a fine of not more than $300 per
container that is in violation of this article and, upon default of
the payment thereof, be sentenced to a term of imprisonment for a
period not to exceed 30 days. Each violation of the provisions of
this article shall constitute a separate offense for each day the
violation exists. The Township may issue citations to both the owner
of the container that is in violation and/or the user of the container.
