[Adopted 3-9-2015 by Ord.
No. 726]
As used in this article, the following words and terms shall
have the meaning indicated:
The Borough of Churchill.
A portable container designed to assist with moving and/or
storage of household or commercial goods and materials, including
but not limited to portable on-demand storage devices ("PODS") and
similar containers; designed for the collection of large amounts of
garbage and/or refuse, including but not limited to dumpsters and
bagsters; or designed for the collection of yard waste and debris.
Containers, including dumpsters, used by commercial and multifamily
properties for regular storage of refuse and garbage in connection
with normal business activities shall not be considered bulk containers
under this article.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignor,
or any other legal entity.
A.
Bulk containers shall be used only in connection with maintenance,
construction and/or moving/relocation activities taking place on the
property upon which the bulk container is placed. It shall be unlawful
and a violation of this article for any person:
(1)
To cause or permit a bulk container to be placed on public property,
including but not limited to roads or streets within the Borough;
(2)
To cause or permit a bulk container to be placed in the Borough right-of-way;
(3)
To cause or permit a bulk container to be placed in such a location
as to block visibility or access to a public street;
(4)
To cause or permit a bulk container to be placed in such a location
as to block access to a public sidewalk; or
(5)
To cause or permit a bulk container to be placed less than six feet
from a curb of a street.
B.
Bulk containers shall not have any electrical wiring, lighting or
heating elements.
C.
No advertising shall be permitted on a bulk container except for
the identity of the supplier of the bulk container.
A.
For any use of a bulk container in excess of 30 days, a permit must
be obtained from the Borough by filing an application which shall
identify the purpose, placement and proposed location of the bulk
container.
B.
A permit application filed under this section shall be reviewed by
the Borough Manager or his designee for approval. The Borough shall
have the right to deny an application if it is deemed that the placement
of the bulk container is contrary to the health, safety and public
welfare of the Borough. The Borough may, at its discretion, reject
the application or propose an alternate location for placement of
the bulk container.
C.
The maximum duration of a permit issued under this section shall
be 60 days, and the continued validity of such permit shall be contingent
upon full compliance with the regulations and requirements set forth
in this article and any other applicable rules adopted by the Borough.
Any person seeking to use a bulk container for a period greater than
60 days shall reapply for a new permit upon expiration of the original
permit. Applications to use a bulk container beyond the initial sixty-day
period shall be granted only where the applicant can show that such
additional time is necessary to complete a maintenance or construction
activity for which the original permit was issued. Bulk containers
shall not be permitted on a property in excess of 150 days within
any twelve-month period unless a building permit has been issued for
the property and the bulk container use is incidental to and necessary
for the building project.
A.
Any person utilizing a bulk container shall be responsible to insure
that the area in and around the bulk container remains free of all
litter and debris.
B.
Any person utilizing a bulk container shall insure that the bulk
container remains in a neat and clean condition and is at all times
secure and safe.
C.
The location and utilization of the bulk container shall be in compliance
with all federal, state and local laws, rules and regulations applicable
thereto.
Any person who violates this article shall be subject to a fine
not to exceed $600 per occurrence. Each day that a violation of this
article continues shall constitute a separate offense.
