Borough of Pennsburg, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 5-6-2014 by Ord. No. 3-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 42.

§ 40-1 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows:
BAGSTER®
Shall be defined as a large, high-capacity bag, generally of woven polypropylene, used as a trash receptacle for disposal or refuse, and which is collected by a specially equipped waste hauling vehicle, or any similar device.
DUMPSTER
Shall be defined as a large trash receptacle for disposal of refuse to be temporarily located on a property, and designed to be hoisted onto a specially equipped truck for emptying or hauling away of the refuse contained therein, or any similar device.
TEMPORARY PORTABLE STORAGE UNIT
Shall be defined as a transportable, standardized, reusable vessel or container, or receptacle that is originally and specifically designed for or is used in stowing, packing, shipping, moving, or transporting freight, articles, goods or commodities, and is designed for or is capable of being mounted or moved on a truck, and is located at site for temporary storage of personal property, or any similar device, and is more commonly known as a "Pack-Rat" or "PODS®."
UNIT
Shall be defined as any Bagster®, dumpster, or temporary portable storage unit.

§ 40-2 Exception to applicability.

The provisions of this chapter pertaining to permitting, duration, time limitations, time extensions, and number of units allowed on a property shall not apply to work performed under demolition permits and/or construction permits. Such units, however, shall be removed from the property when the work being done pursuant to a demolition permit or construction permit is completed.

§ 40-3 Permit required; application; fee.

A. 
Before placing a unit on a property, the property owner must submit an application for the placement of a unit on the applicant's property and receive a permit from the Borough Code Enforcement Department.
B. 
An application for a permit shall, at minimum, include the name and address of the applicant, identification number of the unit, size, company providing the unit, telephone number of the company providing the unit, expected date of placement, and expected date of removal.
C. 
There shall be no fee for obtaining an initial permit.

§ 40-4 Duration; application for extension.

A. 
A unit shall be located at the applicant's address for a maximum of 30 days, including the days of delivery and removal.
B. 
At the expiration of the thirty-day period, the applicant may request to extend their permit for not more than two additional thirty-day periods by requesting an extension for cause from the Township Code Enforcement Department. The cost of extending a permit shall be $25, payable at the time of application for an extension. Future changes of this permit fee amount shall occur from time to time by resolution of Borough Council.

§ 40-5 Placement; location.

A. 
A unit shall be placed on the applicant's property and then only on a paved, gravel or stoned driveway or parking area. With proper cause, this requirement may be waived by the Code Enforcement Officer.
B. 
The placement of a unit shall not be in a manner which constitutes a safety hazard to persons or property.
C. 
The placement of a unit shall not encroach into drainage areas/easements or landscaping buffers, or the right-of-way, and shall not be placed so that a person lawfully using the sidewalk must detour into the street in order to go around the unit.
D. 
The placement of a unit must be at least 20 feet away from any crosswalk and from any intersection so that it does not block the view of any motorist pulling onto a roadway.

§ 40-6 Identification of applicant on unit.

The unit shall be conspicuously marked with the name, address, and phone number of the applicant and a copy of the current effective permit shall be visibly attached to the unit.

§ 40-7 Number and size of unit.

Only one unit per property, which for the purposes of this chapter shall include the street abutting the property, will be permitted at any time.

§ 40-8 Condition of unit.

A. 
During all times the unit is in place and in use, a tarpaulin or other suitable weather-resistant cover shall be placed over it in order to protect the contents from being displaced and/or causing litter on public or a private premises or creating dust, offensive odors, or other health hazards.
B. 
At all times the unit shall, when necessary, be provided with adequate restraints to prevent inadvertent movement from its original location and protected from high winds or severe weather conditions.
C. 
There shall be no defect or faulty design in the unit which might create a hazard to the general public, interfere with its operation, or inhibit the purpose which it is to be used.
D. 
No overflow of any material shall be permitted from the unit, nor shall any accumulation of any material next to the unit be permitted.

§ 40-9 Storage of certain materials.

No unit shall be used to store solid waste, recyclable materials, business inventory, commercial goods for sale, or any illegal or hazardous material. Upon reasonable notice, the Borough may inspect the contents of any unit at any reasonable time to ensure that it is not being used to store such materials.

§ 40-10 Liability.

A. 
The applicant shall assume all risk of damage, and the Borough shall not be liable for any damage to the unit when the Borough is plowing snow, performing street cleaning, maintaining the street or other facilities, or performing other public functions.
B. 
The applicant shall be liable to the Borough for any amounts paid or incurred by the Borough consequent from claims, judgments, or settlements, and for all reasonable investigation costs and attorney's fees, resulting from the applicant's noncompliance with this chapter.
C. 
The applicant shall be responsible for all damages to Borough property which may occur as a result of the placement or use of the unit.

§ 40-11 Revocation of permit.

Noncompliance with any of the requirements or provisions set forth in this chapter or any material false statement or omission made in connection with the application for a permit shall be grounds for revocation by the Borough of the permit issued pursuant to this chapter.

§ 40-12 Penalties.

Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $100 per day for each day the violation or noncompliance exists, plus costs for each such violation. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter. Each provision of this chapter which is violated shall be considered a separate violation of this chapter. Such fine shall be in addition to any other fine which may be imposed under the provisions of any other ordinances of the Borough, Pennsylvania law, or federal law. In default of payment of any fine, such person shall be imprisoned for not more than 30 days.

§ 40-13 Rights and remedies cumulative.

The rights and remedies of the Borough as prescribed by this chapter or otherwise by law with respect to the units, and the criminal sanctions herein provided, shall be cumulative, and the pursuit of one shall in no way preclude simultaneous or subsequent pursuit of another.

§ 40-14 Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared severable.

§ 40-15 Effective date.

This chapter shall become effective immediately upon enactment.