[Adopted 9-2-2008 by Ord. No. 1002]
As used in this article, the following terms shall have the
meanings indicated:
Any box, storage bin, dumpster, portable storage unit, POD®,
or any other thing which occupies space and is used for the purpose
of storing material or items of any nature.
No owner or occupier of any real estate may place or cause to
be placed on his/her real estate any container except in compliance
with this article. No containers may be placed on public property
or right-of-way.
Any person or entity desiring to place a container on his/her
property must first apply to the Building Inspector (who, for purposes
of this article, shall include the Code Enforcement Officer) for a
permit. It is declared to be the intent of this article that no container
of any nature or size may be placed on private property except in
compliance with this section. On private property, containers of four
cubic feet or less may be utilized for a thirty-day period without
any permit so long as the same do not constitute or amount to a public
nuisance, and provided such container is situated on the owner's
building lot.
The Building Inspector is hereby authorized to prepare forms
for such applications, requesting such data as the Building Inspector
deems necessary in his discretion, including but not limited to limits
of liability of any liability insurance policy requested, a hold-harmless
provision protecting the Borough, a provision mandating lighting or
reflectors on such containers, the placement of containers, warning
signs and barricades, and whether a cash or security bond to cover
damages should be included. A dated application, signed by the owner
of the land and the applicant, if not the owner, must provide at least
the following information:
A.
Name and address of the applicant and the owner of the subject real
estate, the address where the container is to be placed;
B.
The dimensions and capacity of the container to be used; and
C.
The site where the applicant wishes to place the container, the duration
of time when it will be in place and what materials will be stored
in the container.
Based on the application and all the circumstances, the Building
Inspector may issue a permit in accordance with this chapter. The
Building Inspector may place such further restrictions on the permit
as he sees fit to assure compliance with the standards of this article.
Permits shall be valid for no longer than 30 days; a permit may be
renewed by filing an application with the Building Inspector. A fee
is hereby set in the amount of $30 for each permit and each renewal,
payable upon presentation of the application. Borough Council may
change this fee from time to time at its sole discretion by simple
resolution of Council.
The Building Inspector in his discretion may issue a permit,
refuse to issue a permit, refuse to renew a permit, or move to rescind
a permit by taking into consideration the following circumstances
and any other factors or conditions he deems to be relevant:
A.
If the container, due to its size or proposed location, has or likely
will unduly interfere with pedestrian or vehicular traffic or parking;
B.
If the applicant's activity or proposed activity or use produces
or likely will produce or contain hazardous or noxious conditions
(smoke, dust, odors); and
C.
The circumstances surrounding the applicant's need for a container
and the availability of alternate means of storing.
Any person aggrieved by the decision of the Building Inspector
may appeal to the Zoning Hearing Board by filing such appeal in the
office of the Borough Secretary and paying an appeal fee as prescribed
for appeals to the Zoning Hearing Board within 30 days of the decision
of the Building Inspector.
Any person or entity found to be in violation of this article
shall be subject to a civil fine in the amount of $600 for each day
such a container remains without a permit as set forth herein.
