[HISTORY: Adopted by the Borough Council of the Borough of Marcus Hook 10-3-2011 by Ord. No. O-11-6, approved 10-3-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and rubbish — See Ch. 106.
Junkyards — See Ch. 116.
Littering — See Ch. 121.
Property maintenance — See Ch. 157.
Solid waste — See Ch. 172.
As used in this chapter, the following terms shall have the meanings ascribed to them therein:
BULKY WASTE
Stoves, refrigerators, water tanks, washing machines, appliances, furnaces, plumbing equipment (e.g., toilets, sinks, tubs), furniture and other waste materials.
COMPACTOR CONTAINER
Any receptacle designed or utilized for the purpose of crushing, compressing, storage and/or collection of refuse, trash, debris or other solid waste materials.
CONSTRUCTION DEBRIS
Conventional building materials waste resulting from building construction, remodeling, repair and/or demolition operations, such as lumber, drywall and flooring.
DUMPSTER
A device or container used or intended for the storage and/or collection of construction debris, bulky waste, refuse, trash, debris or other solid waste materials.
HAZARDOUS MATERIAL
Material which is hazardous, volatile, highly inflammable, radioactive, or otherwise dangerous, including asbestos fibers, infectious waste, all petroleum-based distillates, liquids, gasses and suspensions, alcohol-based liquids and any other material which, under federal, state or Borough law must be disposed of in any manner other than by being placed in a sanitary landfill.
OPEN-TOP CONTAINERS
Any uncovered receptacle utilized for the storage and/or collection of refuse, trash, debris, or other solid waste materials.
PERMIT
A permit issued by the Code Enforcement Officer or a designated representative authorizing the temporary placement of a dumpster, portable outdoor storage facility or container in or upon a street or public grounds or upon private property.
PORTABLE OUTDOOR STORAGE FACILITY (POD)
A portable device or container intended for the storage of personal property on a temporary basis. A POD shall not include containers customarily used for household waste and debris. A POD shall not include dumpsters.
REFUSE
Any and all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, discarded mattresses, discarded clothing, shoes and boots, waste pulp, and other products such as are used for packaging or wrapping ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not otherwise included in the definitions herein.
This chapter shall be applicable to and shall be enforced upon the use of any container as described in § 90-1 above. Furthermore, this chapter shall not be applicable to or enforced upon any business within Marcus Hook Borough which uses any container as described in § 90-1 above as a regular part of its business or as part of any regular scheduled trash removal.
It shall be illegal for any person to place one or more dumpsters or PODs in or upon any street or public grounds or upon private property without first obtaining a permit.
Each applicant for a permit hereunder shall be accompanied by evidence of insurance and/or copy of a homeowner's policy, in a form approved by the Code Enforcement Officer, issued by one or more insurance companies authorized to do business within the Commonwealth of Pennsylvania certifying that said company or companies have issued or have written the following policies, which shall not be canceled except on 15 days' written notice to the Borough:
A. 
Comprehensive general liability, naming the Borough as an additional insured, from the applicable hauling company in limits acceptable to the Borough.
B. 
A homeowner's policy to protect the Borough against any loss due to damage caused to any street or other public property owned by the Borough by reason of the placement, maintenance, or use of any item as defined in § 90-1 above pursuant to any permit issued hereunder.
C. 
If any item as listed in § 90-1 above is placed solely on private property, a certificate of liability insurance will not be required at the discretion of the Code Enforcement Officer.
A. 
Every person, firm or corporation desiring to place one or more dumpsters or PODs in or upon a public street or private property within the Borough shall apply to the Code Enforcement Officer or a designated representative by submitting an application for a permit. The application shall set forth the name of the owner and operator, if not the same, the location and size of the container, the dates of use and such other information as the Code Enforcement Officer may require. No permit shall be issued for placement of one or more dumpsters or PODs on a street or public grounds unless placement on private property is not reasonably feasible.
B. 
No permit shall be required as follows:
(1) 
On private or public property where a container is required as a regular part of the use of the property.
(2) 
On private or public property where an active and valid building permit has been issued for said property.
(3) 
On private property on which is located an apartment house or multifamily dwelling.
(4) 
On property operated as a religious or educational use.
The application fee for a permit allowing the temporary placement of dumpsters and PODs may be amended from time to time by resolution of the Borough Council. The application fee for a permit, as first established by the chapter, allowing the temporary placement of dumpsters and PODs shall be as follows:
A. 
Commercial property: $25 for each permit and/or extension requested.
B. 
Residential property: There shall be no fee for a permit to place a dumpster or POD on a residential property for up to 90 days. Thereafter, the owner shall pay a permit fee of $25 for each extension requested.
C. 
Public right-of-way: There shall be no fee for a permit to place a dumpster or POD within the public right-of-way in order to service a residential property for up to five days. Thereafter, the owner shall pay a permit fee of $25 for each extension requested.
A. 
Permits issued for placement on streets and/or public grounds shall be limited in duration to five business days.
B. 
Permits issued for placement on private property shall be limited in duration to 90 days.
C. 
The duration of permits may be extended for good cause shown at the discretion of the Code Enforcement Officer or a designated representative up to a maximum of 90 total days for placement on streets and/or public grounds and 180 total days for placement on private property within each twelve-month period measured from the issuance of the first permit.
Any container not maintained in accordance with the provisions of this chapter is hereby declared a nuisance and shall be subject to the appropriate abatement procedures.
A. 
No dumpster or POD shall be transported, emptied, or serviced between the hours of 7:00 p.m. and 7:00 a.m. Monday through Friday, 7:00 p.m. and 8:30 a.m. on Saturday or legal holiday, nor shall any mechanical, hydraulic or electric loader, compactor, packer or conveyor be utilized during such hours.
B. 
No dumpster shall be filled beyond the top of such container. Containers shall be emptied as soon as practical when full, or within 48 hours upon receipt of written notice from the Borough.
C. 
No dumpster shall be filled by means of a chute, conveyor, belt or other device located in, above, on or across a street, or by dropping or throwing items in, above, on or across a street, unless the permit authorizing placement of such container specifically authorizes such methods.
D. 
When not in use, all dumpsters shall be covered with a tarpaulin or otherwise secured, to prevent debris from blowing out of said container.
E. 
No dumpster may be placed on a public street within Marcus Hook Borough unless the container has reflectors or some other type of reflective materials attached to all four of its sides and no permit shall be issued for the use of any such dumpster which does not have such reflectors attached to all four sides. All such reflectors or reflective materials must be located on areas of the dumpsters which are readily visible to vehicular and pedestrian traffic.
F. 
All dumpsters and PODs shall be in good condition, free from rust, peeling paint and other forms of deterioration.
G. 
The dumpster and/or POD must not contain any excess advertising beyond the identification of the company name and phone number of the company which placed the container on the property.
H. 
On or before the expiration of the permit, the permit holder shall remove or cause to be removed the dumpster, unless a renewal permit is obtained through the Code Enforcement Department. The permit holder is responsible for the cleanup of the area where the container is located.
I. 
Every applicant for a permit to place one or more containers upon a street or public grounds shall be responsible for repairing and/or replacing any damage caused by the applicant's use of the street or public grounds for such purpose.
J. 
Every permit holder shall allow access to private property by the Code Enforcement Officer during reasonable hours of the day to verify compliance with the applicable provisions of this chapter.
K. 
Only one dumpster shall be placed on any property at one time unless the Code Enforcement Officer shall determine there is good cause for permitting more than one at a time.
L. 
The use of a POD shall not be for the storage of any commercial or business-related items. The use of a POD must be for temporary relocation of items from or for the premises the permit indicates only. No household items from any locations other than the premises indicated on the permit (the premises on which the POD is located) can be stored in the POD. A POD is not a shed and shall not be used as a shed.
M. 
Hazardous materials including flammable and inflammable, and biohazard substances or organic matter shall not be stored in any container.
N. 
It shall be the responsibility of the permit holder to maintain the dumpster and/or POD free of any rodents, vermins or insects.
O. 
No trash or debris shall be stored in any POD.
P. 
No dumpster or POD shall exceed 40 cubic yards in area.
The Code Enforcement Officer or a designated representative must approve the proposed location of any dumpster or POD placed in or upon a street or public grounds. Such units shall not be placed in such a manner that a person lawfully using the sidewalk must detour into the street in order to go around the unit. Containers shall not be placed closer than 30 feet to any intersection or within 15 feet of any fire hydrant.
A. 
Dumpsters and PODs are prohibited from being placed on the streets or the front yard of a property, where it is practicable to locate the dumpster or POD elsewhere on the property in the opinion of the Code Enforcement Officer.
B. 
No dumpster or POD shall be placed on a side yard of a corner property which fronts on a street, where it is practicable to locate the dumpster elsewhere on the property in the opinion of the Code Enforcement Officer.
C. 
Dumpsters and PODs shall not be located in any required open space, landscaped area, on any sidewalk, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection.
In the event of any emergency, any container may be removed by the Marcus Hook Borough Police Department, Code Enforcement Department, Highway Department, Fire Department or Emergency Management Coordinator.
Violation of any terms or conditions of this chapter by the applicant, his agents, employees or any container hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from the public or private property immediately upon revocation. Such action shall be in addition to the penalties provided in § 90-14.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute. Each day that a violation continues shall constitute a separate violation.