Borough of Mount Oliver, PA Bulk Storage Containers and Dumpsters.

Chapter 83 Bulk Storage Containers and Dumpsters.

[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 8-20-2018 by Ord. No. 972. Amendments noted where applicable.]

§ 83-1 Permit required.

From and after the effective date of this chapter, 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 Borough without having first procured a permit therefor as provided in this chapter.

§ 83-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BULK STORAGE CONTAINER

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."

DUMPSTER

Any uncovered, wheeled or otherwise movable receptacle utilized for the storage and/or collection of refuse, trash, debris or other sold waste materials in connection with construction, remodeling or restoration, including, but not limited to, roll-off boxes and smaller dumpster bags known as "bagsters," but not to include standard garbage or trash containers used in the course of routine, periodic trash collection year round.

§ 83-3 Bulk storage containers.

No bulk storage container may be placed or maintained by any private party in or on any Borough property, street or right-of-way except in compliance with the provisions of this chapter and pursuant to a permit issued by the Borough Public Works Director. No bulk storage container may be placed or maintained on any private property within the Borough except in compliance with provisions of this chapter and pursuant to a permit issued by the Borough Code Enforcement Officer.

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 Borough 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 Borough 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 Borough Public Works Director may also determine that a different location is required in order for the protection of the motoring public, and may require a wood pad at least 3/4 inch in thickness or other material deemed appropriate by the Public Works Director be placed under the bulk storage container so as to not damage the public right-of-way.

A bulk storage container permit may be issued for a period not to exceed 14 consecutive days, subject to extensions as provided herein.

(1)

A ten-day extension of the time limit in this section may be obtained by written request, 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 pursuant to this section. Each request for an extension shall be accompanied by a fee of $25, which fee may be adjusted from time to time by resolution of the Borough Council.

Bulk storage containers placed in a Borough street or right-of-way shall be removed within 24 hours of completion of the project for which they have been obtained.

A bulk storage container shall be no larger than 12 feet wide, 16 feet long and eight feet high.

Any bulk storage container placed on private property shall be placed on a suitable base to assure stability.

No bulk storage container may be used to store solid waste or construction debris.

The owner of the property and the contractor arranging for use of the bulk storage container on a Borough street or right-of-way shall be jointly responsible for any public property, street, curb, gutter or other public infrastructure damage.

During the winter snow season, defined for the purpose of this chapter as the 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 bulk storage container upon a Borough 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.

§ 83-4 Dumpsters.

No dumpster may be placed or maintained by any private party in or on any Borough property, street or right-of-way except in compliance with the provisions of this chapter and pursuant to a permit issued by the Borough Public Works Director. No dumpster may be placed or maintained on any private property within the Borough except in compliance with provisions of this chapter and pursuant to a permit issued by the Borough Code Enforcement Officer.

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 Borough 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 Borough 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 Borough Public Works Director may also determine that a different dumpster location is required in order for the protection of the motoring public, and may require a wood pad at least 3/4 inch in thickness or other material deemed appropriate by the Public Works Director be placed under the dumpster so as to not damage the public right-of-way.

The owner of the property associated with the use of the dumpster or the contractor arranging for use of the dumpster shall provide the Borough 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 $100,000. Said insurance shall name the Borough as an additional insured.

A dumpster permit may be issued for a period not to exceed 14 consecutive days, subject to extensions as provided herein.

(1)

A ten-day extension of the time limit in this section may be obtained by written request to the Borough 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.

(2)

All dumpsters must be removed within 48 hours of being full. For the purpose of this chapter, "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.

Dumpsters placed in a Borough street or right-of-way shall be removed within 24 hours of completion of the project for which they have been obtained.

The owner of the property and the contractor arranging for use of the dumpster on a Borough street or right-of-way shall be jointly responsible for any public property, street, curb, gutter or other public infrastructure damage.

During the winter snow season, defined for the purpose of this chapter 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 Borough 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.

§ 83-5 Permit application and procedure.

Applications for a permit for a bulk storage container or dumpster shall be filed initially with the Borough Code Enforcement Officer. All applications for a bulk storage container or dumpster located on a Borough street shall be referred to the Public Works Director for review and action. All applications for bulk storage containers or dumpsters located on private property shall be referred to the Borough Code Enforcement Officer for review and action.

(1)

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.

(2)

The application shall be accompanied by a permit fee of $50 or such other amount as may be adopted by resolution of the Borough Council.

Any permit issued for the placement of a bulk storage container or dumpster shall be valid for a period of 10 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.

§ 83-6 Extensions.

Applications for extensions of time beyond those specified in §§ 83-4 and 83-5 of this chapter shall be made to the Borough official who issued the original permit.

(1)

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.

(2)

The application shall be accompanied by a fee of $25 or such other amount as may be set by resolution of the Borough Council.

Applications shall be reviewed by the Borough 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:

(1)

The length of time the container or dumpster has been in place;

(2)

The reason for the container or dumpster and the reasonableness of the time allotted under this chapter for completion of that purpose in light of all surrounding circumstances;

(3)

The location of the container or dumpster with respect to blocking or interfering with the efficient parking or passage of traffic;

(4)

Whether the presence of the container or dumpster has impacted the enjoyment of neighboring property or the public;

(5)

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;

(6)

The additional time reasonably necessary to complete the work or project; and

(7)

Such other factors as may be related to the health, safety and welfare of the Borough.

§ 83-7 Responsibility for compliance.

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 chapter.

§ 83-8 Violations and penalties.

Violations of this chapter or any conditions of a permit issued pursuant to this chapter 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 chapter continues shall constitute a separate offense.

Any bulk storage container or dumpster left on Borough property, streets or rights-of-way after expiration of a permit shall be subject to removal by the Borough without further notice. Costs incurred by the Borough 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 Borough in connection with the removal work and the filing of a claim by the Borough.

§ 83-9 Appeals.

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 Borough 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 Borough Council. A timely appeal will result in the opportunity for a Local Agency Law hearing held by the Borough Council 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 Borough 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.

§ 83-10 Rules and regulations.

The Borough Council, by resolution, may adopt rules, regulations and forms to be used by the Borough and its officials in implementing and enforcing this chapter.