[HISTORY: Adopted by the Borough Council of the Borough of Sharon Hill 9-25-2014 by Ord. No. 1375. Amendments noted where applicable.]
The purpose of this chapter is to regulate the placement of unattended donation boxes within the Borough. The procedures and requirements of this chapter are enacted to:
Promote the community's health, safety and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the Borough;
Ensure that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;
Ensure that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts or human activities; and
Establish criteria that avoids attracting vermin, unsightliness and public health hazard.
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT DEPARTMENT
- The Borough department charged with enforcing the Code of the Borough of Sharon and other codes providing for the health, safety and welfare in the Borough of Sharon Hill.
- A person, entity, association or organization who places, maintains or operates unattended donation box(es) to solicit donations of salvageable personal property.
- The property owner who is issued a permit authorizing placement of unattended donation box(es).
- PROPERTY OWNER
- The person, entity, association or organization who owns the real property where the unattended donation box(es) is or is proposed to be located.
- RESIDENTIAL DISTRICT
- Includes residential zoning districts as established pursuant to the Sharon Hill Zoning Ordinance.
- UNATTENDED DONATION BOX
- Any unattended container, receptacle or similar device that is located on any property within the Borough used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials.
Unless otherwise exempt, it shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the unattended donation box is placed, operated and maintained in accordance with all provisions in this chapter. Unattended donation boxes existing in the Borough of Sharon Hill before enactment of this chapter shall apply for all required permits within 30 days of this chapter's enactment.
The permit application shall be made on a form provided by the Code Enforcement Department and shall include the following information:
The name, address, e-mail, website (if available) and telephone number of the applicant;
Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Pennsylvania law;
The text of the disclosures that will be made on the unattended donation box as required by Pennsylvania law; and
The physical address of the property owner's real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner's real property, as well as the size of the proposed unattended donation box.
Each application shall be accompanied by a nonrefundable fee as set from time to time by resolution of the Borough Council. This fee shall be in addition to any fee or tax imposed by the Borough pursuant to any other provision of this chapter.
Applications shall be filed with the Code Enforcement Department.
Within 30 days of receiving a completed application, the Code Enforcement Department shall issue a permit or deny the issuance of a permit.
The Code Enforcement Department shall not issue a permit unless:
The property owner has submitted a complete and accurate application accompanied by the applicable fee;
The operator who will maintain or operate the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Pennsylvania law; and
The proposed location and placement of the unattended donation box on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian or bicycle sight distances onto adjacent streets or vehicular traffic.
If the Code Enforcement Department denies an application, the Code Enforcement Department shall provide the property owner, in writing, the specific reasons for denial.
A permit issued hereunder shall be valid for one unattended donation box. Each unattended donation box shall have its own individual permit.
The term of the permit shall expire one year from the date of issuance.
No person or operator to whom a permit has been issued shall transfer, assign or convey such permit to another person or operator.
Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Code Enforcement Department in writing of the intent to cancel the permit. The permit shall become void upon the Code Enforcement Department's receipt of a written notice of intent to cancel the permit.
A permittee may apply for permit renewal by submitting to the Code Enforcement Department, before the expiration of the permit, a renewal application and a nonrefundable renewal fee as set from time to time by resolution by the Borough Council.
The Code Enforcement Department shall either approve or deny the renewal of a permit within 30 days of receipt of the complete renewal application and payment of the renewal fee.
The Code Enforcement Department shall approve the renewal of a permit if it finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in § 153-3 hereof or that would justify the revocation of the permit as specified in § 153-6 hereof.
The permittee and operator shall be individually and severally responsible for operating and maintaining, or causing to be operated and maintained, all unattended donation boxes located in the Borough, as follows:
The unattended donation box shall be of the type that is enclosed by use of a receiving door and locked so that the contents of the unattended donation box may not be accessed by anyone other than those responsible for retrieval of the contents. Each unattended donation box shall be surrounded by a privacy fence sufficient to shield the unattended donation box from public view.
Each unattended donation box shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.
Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes or visible rust, and shall be free of graffiti.
Unattended donation boxes shall be locked or otherwise secured.
Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, e-mail and phone number of both the permittee and operator.
The permittee and operator shall place a copy of the permit in a prominent and visible location in the front of the box in plain view for inspection by the public and Borough officials.
Unattended donation boxes shall be serviced and emptied as needed, but at least once per month or within five business days of a request by the Code Enforcement Department.
The permittee and operator shall be individually and severally responsible for maintaining, or causing to be maintained, the area surrounding the unattended donation boxes free of any junk, garbage, trash, debris or other refuse material.
The permittee and operator shall be individually and severally responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within 24 hours of written or verbal notice from the Borough.
The permittee and operator shall be individually and severally responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material from the area surrounding the unattended donation boxes.
It shall be unlawful for any property owner or operator to place an unattended donation box in any residential district.
No unattended donation box shall be placed within 400 feet from another unattended donation box.
No unattended donation box shall be placed on required parking spaces or in such a manner as would obstruct traffic or interfere with clear sight triangles, on-site circulation, required setbacks, landscaping, parking and shall be placed on a concrete or stable paved surface. No unattended donation box placed on commercial property shall face a residential area.
No more than one unattended donation box shall be placed on each parcel of real property.
The Code Enforcement Department shall have the right to revoke any permit issued hereunder if any of the grounds to refuse issuance of the initial permit exists. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this Sharon Hill Code or other law shall also constitute grounds for revocation of the permit. The Code Enforcement Department shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee's real property within 30 calendar days and, if not removed within this time period, the Borough may remove, store and dispose of the unattended donation box at the permittee's sole cost and expense. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to the Sharon Hill Code or as otherwise permitted by law.
Nothing in this chapter shall limit the Borough from using any remedy legally available for violations of this chapter.
Any person aggrieved by the decision rendered by the Code Enforcement Department in granting or denying an application for a permit under this chapter or in revoking or refusing to renew a permit issued hereunder may appeal the decision to the Borough Manager. The appeal shall be made by filing a written notice thereof with the Borough Secretary not later than 10 calendar days after receiving notice of the decision of the Code Enforcement Department. The Borough Manager shall hold a hearing on the appeal within 30 calendar days. The Borough Manager's decision shall be final.
Reasonable fees and deposits to defray the cost of processing applications and proposals and for the administration shall be as stated in the Borough Fee Schedule.
Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this chapter.