[HISTORY: Adopted by the Mayor and Council
of the Township of Florence 9-1-2021 by Ord. No. 2021-21. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any use of one or more self-contained portable toilets for
a period of more than 10 consecutive calendar days.
One or more commercially manufactured or assembled self-contained
toilet facility that is portable and is not designed or intended for
connection to a sewer system with a standard connection.
Any property or properties, consisting of one or more lots,
whether developed or undeveloped, that make up an individual location.
Examples of a site include, but are not limited to, a parking lot
or lots, a business location consisting of one or more buildings,
and a residential property consisting of one or more lots.
Any use of one or more self-contained portable toilets for
a period of 10 calendar days or less.
The presence of one or more self-contained portable toilets
on a site which are intended for use, even if not actually being used.
This would include periods when the toilets are physically secured
for security or maintenance periods. The storage of self-contained
portable toilets at a commercial facility or business which are not
intended to be used is not considered a use under this chapter.
Nothing in this chapter shall prohibit any use of self-contained
portable toilets that is required by another code or statute. Unless
otherwise authorized by another code or statute, self-contained portable
toilets shall be prohibited except as provided for herein.
A.
The use of self-contained portable toilets shall be permitted in
all zones within the Township subject to the following limitations:
(1)
The temporary use of self-contained portable toilets for construction,
rehabilitation projects, special events, interruption of sewer service
for emergencies or planned upgrades/repairs, and at sites or facilities
that are not permanently inhabited and do not have installed toilet
facilities, such as marinas, service stations and parks, is allowed.
(2)
The long-term use of self-contained portable toilets for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs, and at sites or facilities that are not permanently inhabited and do not have installed toilet facilities, is allowed, subject to approval in accordance with § 115-5 below.
B.
The use of self-contained portable toilets shall be allowed in the
residential zoning districts subject to the following limitations:
(1)
The temporary use of self-contained portable toilets for construction,
rehabilitation projects, and interruption of sewer service for emergencies
or planned upgrades/repairs is allowed. The use of self-contained
portable toilets, limited to three calendar days or less, for special
events such as wedding receptions or family reunions on private property
is allowed.
A.
Unless a waiver is granted in accordance with § 115-6 the use of self-contained portable toilets in lieu of connection of a site or facility to the Township's sanitary sewer system is prohibited.
B.
The use of self-contained portable toilets for the purpose of providing
sewer service to a site or facility when sewer and water service has
been discontinued due to delinquency of the utility account is prohibited.
C.
The use of privately manufactured or constructed self-contained portable
toilets is prohibited.
It shall be the responsibility of the property owner of the
site where self-contained portable toilets are located to ensure compliance
with the maintenance requirements in this section. The following maintenance
requirements shall apply to all uses of self-contained portable toilets:
A.
For temporary uses, in addition to the requirements of Subsection C of this section, the self-contained portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured, or serviced by a licensed disposal contractor if the holding tank becomes full during the period of use.
B.
For long-term uses, in addition to other requirements of this section,
a long-term use of self-contained portable toilets requires written
proof of a service contract with a licensed disposal contractor to
provide periodic inspections and pump outs as necessary.
C.
For all uses, in addition to the other requirements of this section,
the following shall apply to the use of self-contained portable toilets.
Toilet(s) shall be located on the site so as to be free from obstruction
from, nor present an obstruction to, existing structures or driveways.
The toilet(s) shall be located in such a manner as to not be potentially
impacted by site conditions, such as slopes, ditches, or prevailing
winds. Toilet(s) located in residential zones shall be located to
provide the maximum practical screening from roads and adjacent properties
as the site allows.
A.
Requests for the use of self-contained portable toilets for construction
projects shall be included with the application for development reviews
or permits as applicable. Application shall be made on forms provided
by the Township. The Director of Public Works or designee will review
and approve/deny requests made under this section.
B.
An application for uses authorized by this chapter that do not require
an application for development review or permit shall be made directly
to the Director of Public Works or designee on forms provided by the
Township. The Director of Public Works or designee will review and
approve/deny requests made under this section.
A request for the waiver of one or more conditions of this chapter
may be made by any affected party. The request shall be in writing
in the form of a letter addressed to the Township Administrator. The
letter must indicate the condition or conditions from which a waiver
is being requested, the basis for the request, and the action requested.
The Administrator shall review the request and recommendations from
appropriate staff and make a determination to grant or deny the waiver
application. The property owner may appeal any such decision to the
Township Council at a regularly scheduled meeting. The Township Council
may grant a waiver, either partial or fully, from one or more conditions
of this chapter where it finds the strict application of said condition(s)
would create one or more of the following conditions:
A.
It is not practicable based on the circumstances of the event, activity,
or physical conditions of the site.
B.
It would create an unusual hardship to the applicant that is not
common to similar events, activities, or sites.
C.
It would not create an unsafe condition, nuisance, or hazard, either
on site or to adjacent properties.
D.
The waiver is not simply for the convenience of the applicant.
Any self-contained portable toilet currently either located
on a site or in a manner which is in violation of the provisions of
this chapter shall be removed within 90 days of the effective date
of the ordinance codified in this chapter.
Any person who violates any provision of this chapter shall,
upon conviction, be liable to a penalty of not more than $1,000 or
serve a period of community service not exceeding 90 days, or any
combination thereof, for each such violation.
