[Ord. No. 21-11, 11/4/2021]
The following terms shall have the following meaning in this
part:
A metal storage receptacle used to temporarily store debris
or garbage and which is then emptied of its contents or removed with
its contents to a dumpsite.
Any item placed in a street that is not a motor vehicle as
defined by the Pennsylvania Vehicle Code, or a temporary dumpster,
including, but not limited to, containers commonly known as "portable
storage devices" or "PODS®."
Any dumpster used or intended as a disposal facility for
construction, renovation, or demolition projects, special events,
seasonal use, or other purposes not permanent in nature.
[Ord. No. 21-11, 11/4/2021]
No person shall place a dumpster, temporary dumpster, or portable
storage device/container on a public right-of-way within the Township
of New Hanover without first having taken out a license as herein
provided.
[Ord. No. 21-11, 11/4/2021]
1.
Every person desiring to place a dumpster, temporary dumpster, or
portable storage device on a public right-of-way within Township of
New Hanover shall first make application to the Board of Supervisors
or its duly authorized agent at the New Hanover Township Building,
2943 North Charlotte Street, Gilbertsville, PA 19525 (or any other
designated location), for a license. Upon such application, such person
shall first give his/her name, address and telephone number. No license
issued under this part shall be transferable from one person to another.
2.
A license for a dumpster, temporary dumpster, or portable storage
device shall be for an initial term of not more than 10 days. Provided
the applicant is in compliance with all provisions of this article
and all other applicable Township regulations, a renewal license may
be approved and issued for an additional ten-day period upon application
and payment of the renewal fee. Not more than one renewal license
shall be issued by the Township for any dumpster, temporary dumpster,
or portable storage device placed upon any Township street. The dumpster,
temporary dumpster, or portable storage device shall be removed prior
to the expiration of the license.
3.
Prior to the issuance of any license for any dumpster, temporary
dumpster, or portable storage device, its location and usage shall
be reviewed and approved by the Township's Police Department.
The Police Department shall determine if issuance of the requested
license will present a safety issue for the public.
[Ord. No. 21-11, 11/4/2021]
The license fee for a dumpster, temporary dumpster, or portable
storage device shall be $50, to be paid to "New Hanover Township."
The renewal fee shall be $50.
[Ord. No. 21-11, 11/4/2021]
The Board of Supervisors of the Township of New Hanover, or
its authorized agent, shall keep record of all licenses issued under
this part. A catalog of active and inactive dumpster, temporary dumpster,
or portable storage device licenses shall be maintained by the Police
Department. The Chief of Police or his/her designee shall hold active
and inactive licenses for a period of not more than 60 days.
[Ord. No. 21-11, 11/4/2021]
Upon making application therefor and paying the proper fee,
as herein specified, a license shall be issued to the applicant. The
issued license shall be conspicuously placed on the dumpster, temporary
dumpster, or portable storage device in a location that permits it
to be identified from a public street.
[Ord. No. 21-11, 11/4/2021]
The Board of Supervisors of the Township of New Hanover or its
authorized agent is hereby authorized to suspend any license under
this part when it deems such suspension to be beneficial to public
health, safety, or morals, or for violation of any of the provisions
of this part, or for giving false information upon any application
for a license hereunder.
[Ord. No. 21-11, 11/4/2021]
1.
The following requirements shall apply to any dumpster, temporary
dumpster, or portable storage device placed upon public streets or
pedestrian ways in the Township:
A.
No dumpster, temporary dumpster, or portable storage device may be
placed on any arterial or collector roads in the Township; within
40 feet of an intersection; or within any prohibited or restricted
areas.
B.
Sufficient reflective tape shall be placed upon all four sides of
the dumpster, temporary dumpster, or portable storage device in such
a manner as to make it visible at night. Also, traffic cones shall
be placed on the side the dumpster, temporary dumpster, or portable
storage device that faces passing traffic.
C.
Each of the dumpster, temporary dumpster, or portable storage device
rollers or wheels (if any) must be placed upon a wooden pad of at
least six inches by six inches and at least 3/4 of an inch in thickness,
or on a similarly protective device in order to prevent damage to
the road surface.
D.
No dumpster, temporary dumpster, or portable storage device shall
be placed nearer than 15 feet to any fire hydrant within the cartway
or other area intended for firefighting equipment.
E.
No dumpster, temporary dumpster, or portable storage device shall
be placed within the cartway of any street whereby the furthest point
extends a distance of more than nine feet from the curbline or edge
of cartway.
F.
The location of any dumpster, temporary dumpster, or portable storage
device upon any public street shall not interfere with any required
clear sight distance across any intersection.
G.
The location of any dumpster, temporary dumpster, or portable storage
device upon any public street shall not obstruct any pedestrian way
or the travel lane of any public street.
H.
No dumpster, temporary dumpster, or portable storage device shall
be loaded in such a manner as to cause its contents to spill onto
any street, sidewalk, or other area intended for pedestrian travel.
I.
No dumpster, temporary dumpster, or portable storage device shall
contain any hazardous waste unless pursuant to a permit for such waste
issued by the appropriate governmental entity.
J.
No materials contained in a dumpster, temporary dumpster, or portable
storage device shall emit any noxious or offensive odor or otherwise
create any hazard or risk to public health.
K.
No dumpster, temporary dumpster, or portable storage device shall
be placed in such a manner as to interfere with the operation or maintenance
of any public utility.
L.
The placement of any dumpster shall be in accordance with all requirements
of the Commonwealth of Pennsylvania Motor Vehicle Code.
M.
If any damage or injury to the cartway, curb or sidewalk shall be
caused or done by the use or occupancy of any street or road hereunder,
the party to whom such license shall have been issued shall be responsible
and liable for the same and shall restore the cartway, curb and/or
sidewalk to its original condition. If the licensee refuses to properly
restore the cartway, curb and/or sidewalk to its original condition,
the Township may do so and collect the cost of the same from the licensee.
[Ord. No. 21-11, 11/4/2021]
Any person who shall violate any of the provisions of this part shall, upon conviction thereof by summary proceeding before the District Justice having jurisdiction, be sentenced to pay a fine of not more than $500. Each day that a dumpster, temporary dumpster or portable storage device remains on a street in violation of this part shall be considered a separate violation. If a defendant sentenced to pay a fine or costs after a finding of guilt in a summary case, defaults in such payments, the defendant may be sentenced and committed to the Montgomery County Prison for a period not exceeding five days. Such fine and costs shall be in addition to the remedies provided in § 20-508 of this part and shall be enforceable and recoverable in the manner provided by applicable law. All fines collected for the violation of this part shall be paid to the Township of New Hanover for the general use of the Township.
