[Ord. 683, 3/11/2015]
From and after the effective date of this Part, it shall be
unlawful for any person, firm or corporation to place or maintain
a bulk storage container or dumpster, as defined herein, within the
Township without having first procured a permit therefor as provided
in this Part.
[Ord. 683, 3/11/2015]
As used in this Part, the following terms shall have the meanings
indicated:
A portable device or container intended for the temporary
storage of personal property or construction materials, including,
but not limited to, containers commonly known as "PODs."
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials in connection with construction, remodeling
or restoration, including, but not limited to, "roll-off boxes," but
not to include standard garbage or trash containers used in the course
of routine periodic trash collection year round.
[Ord. 683, 3/11/2015]
1.
No bulk storage container shall be placed or maintained by any private
party in or on any Township property, street or right-of-way.
[Ord. 683, 3/11/2015]
1.
No bulk storage container shall be placed or maintained on any private
property unless it complies with the following provisions:
A.
Such containers shall be placed or maintained in the driveway or
a parking area serving the property. If the property does not have
a driveway or parking area, then such containers may be placed on
any portion of the property not closer than 10 feet from an abutting
property and not closer to the street fronting the property than the
front of the principal building on the property.
B.
A bulk storage container may be permitted to remain on the property
for not more than 30 consecutive days, subject to extensions as provided
for herein.
(1)
A thirty-day extension of the time limit in this section may
be obtained by written request to the Township Code Enforcement Officer,
stating the cause for the extension. A request for extension shall
be granted if there is any evidence that the applicant is diligently
pursuing completion of the activity for which the container is required.
(2)
Up to three extensions may be granted by the Code Enforcement
Officer pursuant to this section.
(3)
A request for extension shall be accompanied by a fee in the
amount of $25, said fee to be subject to adjustment from time to time
by resolution of the Board of Commissioners.
C.
A bulk storage container shall be no larger than 12 feet wide, 16
feet long and eight feet high.
D.
Any bulk storage container placed on private property shall be placed
on a suitable base to assure stability.
E.
No bulk storage container may be used to store solid waste or construction
debris.
[Ord. 683, 3/11/2015]
1.
No trash dumpster may be placed or maintained by any private party
in or on any Township property street or right-of-way except in compliance
with the provisions of this Part and pursuant to a permit issued by
the Township Public Works Director. No dumpster may be placed or maintained
on any private property within the Township except in compliance with
provisions of this Part and pursuant to a permit issued by the Township
Code Enforcement Officer.
2.
Any container to be placed on a street or right-of-way shall be placed
on the street in a legal parking space, not designated for use as
a handicap parking space, as designated by the Township Public Works
Director, and shall be equipped with appropriate reflectors or other
safety markings so that the container shall not constitute a hazard
to traffic. The Township Public Works Director, in the exercise of
his or her discretion, may direct that additional safety markings
be added and may direct that the location of such markings be supplemented
or altered if it is determined that such actions are necessary for
the protection of the motoring public. The Township Public Works Director
may also determine that a different dumpster location is required
in order for the protection of the motoring public.
3.
The owner of the property associated with the use of the dumpster
or the contractor arranging for use of the dumpster shall provide
the Township with satisfactory proof of liability insurance covering
any claims or losses for property damage or personal injury resulting
from or occasioned by the placement of the dumpster, in an amount
of not less than $500,000. Said insurance shall name the Township
as an additional insured.
4.
A dumpster permit may be issued for a period not to exceed 30 consecutive
days, subject to extensions as provided herein.
A.
A thirty-day extension of the time limit in this section may be obtained
by written request to the Township official who granted the permit,
stating the cause for the extension. A request for extension shall
be granted if there is any evidence that the applicant is diligently
pursuing completion of the activity for which the container is required.
B.
Up to three extensions may be granted pursuant to this section. Each
request for an extension shall be accompanied by a fee of $100, which
fee may be adjusted from time to time by resolution of the Board of
Commissioners.
C.
All dumpsters must be removed within 48 hours of being full. For
the purpose of this Part, "full" is defined as when the contents of
the dumpster reach an average level of one foot below the top edge
of the dumpster sides.
D.
Dumpsters placed in the Township street or right-of-way shall be
removed within 24 hours of completion of the project for which they
have been obtained.
E.
The owner of the property and the contract arranging for use of the
dumpster on a Township street or right-of-way shall be jointly responsible
for any public property, street, curb, gutter or other public infrastructure
damage.
F.
During the winter snow season, defined for the purpose of this Part
as a period from November 1 to the next following April 1, the Director
of Public Works may, at his or her discretion, grant or deny a permit
for location of a dumpster upon a Township street or right-of-way.
If a permit is granted, the Director of Public Works may attach appropriate
conditions to require immediate removal should the necessities of
winter maintenance so require.
[Ord. 683, 3/11/2015]
1.
Applications for a permit for a bulk storage container or dumpster
shall be filed initially with the Township Code Enforcement Officer.
All applications for a dumpster located on a Township street shall
be referred to the Public Works Director for review and action. All
applications for bulk storage containers or dumpsters shall be referred
to the Township Code Enforcement Officer for review and action.
A.
The application shall require, among other things, the full name,
address and other contact information for the owner of the property
for which the container or dumpster is being supplied, as well as
the full name, address and other contact information for the person
or entity supplying the container or dumpster.
B.
The application shall be accompanied by a permit fee of $25 or such
other amount as may be adopted by resolution of the Board of Commissioners.
2.
Any permit issued for the placement of a bulk storage container or
dumpster shall be valid for a period of 30 days, and a sticker or
notice or copy of such permit shall be permanently displayed on the
property associated with the use of the container or dumpster, indicating
the commencement and expiration date of the permit.
[Ord. 683, 3/11/2015]
1.
Applications for extensions of time beyond those specified in §§ 13-704 and 13-705 of this Part shall be made to the Township official who issued the original permits.
A.
The application shall contain full identifying information regarding
the container or dumpster, the permit number, the time it has been
at the site, and the reason for its use. The application shall contain
a narrative statement of the hardship that will result without additional
time and a fixed completion date by which it is proposed that the
container or dumpster will be removed.
B.
The application shall be accompanied by a fee of $100 or such other
amount as may be set by resolution of the Board of Commissioners.
2.
Applications shall be reviewed by the Township official who issued
the original permit for a determination to be made as to whether an
additional extension shall be granted, and the duration of that extension.
In considering such an application, the following factors shall be
considered:
A.
The length of time the container has been in place;
B.
The reason for the container and the reasonableness of the time allotted
under this Part for completion of that purpose in light of all surrounding
circumstances;
C.
The location of the container with respect to blocking or interfering
with the efficient parking or passage of traffic;
D.
Whether the presence of the container or dumpster has impacted the
enjoyment of neighboring property or the public;
E.
Whether delay in completing the work or project for which the bulk
storage container or dumpster is necessary is beyond the reasonable
control of the user of the container or dumpster;
F.
The additional time reasonably necessary to complete the work or
project; and
G.
Such other factors as may be related to the health, safety and welfare
of the Township.
[Ord. 683, 3/11/2015]
The person contracting for the use of the bulk storage container
or dumpster, the supplier of the bulk storage container or dumpster
and the owner of the property associated with the use of the bulk
storage container or dumpster shall all be responsible for compliance
with the provisions of this Part.
[Ord. 683, 3/11/2015]
1.
Violations of this Part or any conditions of a permit issued pursuant
to this Part shall be subject to a fine of not more than $1,000, plus
costs, and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each day that a violation of
this Part continues shall constitute a separate offense.
2.
Any bulk storage container or dumpster left on Township property,
streets or rights-of-way after expiration of a permit shall be subject
to removal by the Township, without further notice. Costs incurred
by the Township in connection with the removal of any such bulk storage
container or dumpster, including legal expenses, may be recovered
against the person contracting for the use of the container or dumpster,
the owner of the property with which the container or dumpster is
associated, or the supplier of the bulk storage container or dumpster
by any means available at law, including, but not limited to, filing
a municipal claim pursuant to 43 P.S. § 7101 et seq., for
the cost of such work, including interest at 6% per year plus a penalty
of 5% of the amount due plus attorneys' fees and costs incurred
by the Township in connection with the removal work and the filing
of a claim by the Township.
[Ord. 683, 3/11/2015]
Any person aggrieved by a decision with respect to a permit
or permit extension may appeal such decision by filing a written notice
of appeal with the Township Secretary within 10 days of the date of
the decision being appealed from. The notice of appeal shall include
a statement of the grounds for appeal and be accompanied by the payment
of a nonrefundable appeal fee in the amount of $50 or such other amount
as may be set by resolution of the Board of Commissioners. A timely
appeal will result in the opportunity for a Local Agency Law hearing
held by the Board of Commissioners or its designee. The appellant
shall further accompany the notice of appeal with a deposit of $300
to cover the cost of a court reporter at such hearing and the cost
of any advertisement of same. The appellant shall reimburse the Township
for the amount by which court reporter and advertising costs exceed
$300 and shall be entitled to a refund on any part of the deposit
not needed to cover actual court reporter and advertising costs.
[Ord. 683, 3/11/2015]
The Board of Commissioners, by resolution, may adopt rules,
regulations and forms to be used by the Township and its officials
in implementing and enforcing this Part.
