[Ord. 1009, 3/16/2011, § 3]
For purposes of this Part, the following terms shall be defined
as follows:
A unit designed for the deposit of rubbish at sites related
to the clean-out, building, construction, repair, renovation or demolition
of commercial or residential structures. The unit is usually located,
on a temporary basis, on a street, driveway or public right-of-way
abutting the site and is transportable to and from the site for purposes
of disposal of its contents by means of a carry vehicle. A construction
waste dumpster shall not be used for the deposit of garbage.
Every entrance or exit used by vehicular traffic to or from
properties abutting or connecting to a private or public right-of-way.
Putrescible animal and vegetable waste.
A unit designed for the deposit of all types of garbage.
Any individual, firm or partnership, association or corporation.
A container that is not affixed to the land that is designed
for temporary short-term storage.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste including, but not limited to, paper, wrappings,
cigarettes, cardboard, wood, household items, metal, construction
waste, yard clippings, wood bedding, crockery and similar waste materials.
A walkway designated for pedestrian use that generally runs
parallel to a street, highway, public alley, public way or public
road accepted or maintained by the Borough.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Borough and all improvements within the limits thereof
including pavement, curbs and sidewalks.
[Ord. 1009, 3/16/2011, § 3]
1.
It shall be unlawful for any person to place, cause or otherwise allow a non-construction waste dumpster to be placed upon a street sidewalk or driveway within the Borough. The placement of non-construction waste dumpsters shall be regulated by Chapter 27 of the Forest Hills Borough Code of Ordinances.
2.
It shall be unlawful for any person to place, cause or otherwise
allow a construction waste dumpster or a portable storage unit to
be placed upon a street, sidewalk or driveway without first filing
with the Code Enforcement Officer an application, in writing, and
obtaining a permit. The duration of such permit shall be stated thereon,
and the continued validity of such permit shall be contingent upon
full compliance with the regulations set forth in this Part.
3.
An application for a permit to temporarily place a construction waste
dumpster or portable storage unit shall be filed by the property owner
with the Code Enforcement Officer.
4.
All permits issued shall cover only the property set forth in the
permit application; however, in the event that it is necessary to
replace a construction waste dumpster or portable storage unit that
has been placed upon a street, sidewalk or driveway prior to completion
of said work, additional permits shall not be required.
5.
The Code Enforcement Officer shall not issue a permit if a portable
storage unit is larger than eight feet wide, 16 feet long and eight
feet high.
6.
The Code Enforcement Officer shall not permit more than one construction
waste dumpster or portable storage unit per property.
7.
The Code Enforcement Officer shall not permit a construction waste
dumpster or portable storage unit to be placed on a Borough street
or sidewalk unless the Code Enforcer determines the following:
A.
Placement of the construction waste dumpster or portable storage
unit on the street abutting the property or on the property's driveway
will not create a safety hazard to pedestrians or vehicles.
B.
Placement of the construction waste dumpster or portable storage
unit on a Borough sidewalk will not create a safety hazard to pedestrians
or vehicles.
8.
The Code Enforcement Officer shall not issue a permit if the location
and placement of the construction waste dumpster or portable storage
unit upon a driveway will create a safety hazard to pedestrians or
vehicles.
[Ord. 1009, 3/16/2011, § 3]
A fee, in an amount as established from time to time by resolution
of Borough Council, shall be paid for each construction waste dumpster
or portable storage unit permit issued by the Code Enforcement Officer.
[Ord. 1009, 3/16/2011, § 3]
A construction waste dumpster or a portable storage unit shall
be permitted to be placed upon a street, sidewalk or driveway for
a period of 45 days. The Code Enforcement Officer, for cause shown,
shall have the discretion to approve a time extension for a construction
waste dumpster or portable storage unit; however, under no circumstances
shall a construction waste dumpster or portable storage unit be permitted
to be placed upon a street, sidewalk or driveway for a period exceeding
90 days. In no event shall a construction waste dumpster filled to
its capacity be allowed to remain on a street, sidewalk or driveway
for more than five calendar days.
[Ord. 1009, 3/16/2011, § 3]
1.
The following regulations shall be applicable to the placement of
construction waste dumpsters and portable storage units upon a street,
sidewalk or driveway:
A.
The placement of a construction waste dumpster or a portable storage
unit upon a street, sidewalk or driveway must be temporary in nature
and must be one that can be readily removed.
B.
A construction waste dumpster or a portable storage unit placed upon
a street, sidewalk or driveway shall not endanger the free flow of
pedestrian or vehicular traffic.
C.
A construction waste dumpster or a portable storage unit placed upon
a street shall not be placed within 15 feet of an intersection.
D.
A construction waste dumpster or a portable storage unit placed upon
a street shall not be placed within 15 feet of a fire hydrant.
E.
A construction waste dumpster or a portable storage shall not be
placed within 10 feet of any structure.
F.
A construction waste dumpster or a portable storage unit placed upon
a street, sidewalk or driveway shall bear reflective markings in sufficient
positions and with sufficient reflective capacity to provide reasonable
warning to approaching nighttime traffic of its location.
G.
No street shall be closed for the purpose of the placement or the
utilization of a construction waste dumpster or a portable storage
unit.
H.
The placement or utilization of a construction waste dumpster or
a portable storage unit upon a street, sidewalk or driveway shall
not constitute a safety hazard to any person or property.
I.
The placement of a construction waste dumpster or a portable storage
unit shall not be permitted on the side of any street that is posted
as "no parking this side" of street.
J.
The location and utilization of a construction waste dumpster or
a portable storage unit placed upon a street, sidewalk or driveway
shall be in compliance with all other federal, state, and local laws,
rules and regulations applicable thereto.
K.
Damage to the street or sidewalk caused by the placement, use or
removal of a construction waste dumpster or a portable storage unit
shall be repaired by the person to which the permit was issued. The
repair of any damage to the street or sidewalk must be completed within
14 days of removal of the construction waste dumpster or the portable
storage unit. If the person to whom the permit was issued fails to
repair the damage to the right-of-way property, the Borough will make
such repairs and institute an appropriate legal action to recover
such costs from the person to whom the permit was issued.
[Ord. 1009, 3/16/2011, § 3]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $600 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
