[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 10-21-2014 by Ord. No.
857. Amendments noted where applicable.]
As used in this chapter the following words and terms shall
have the meaning indicated:
The Borough of Baldwin.
A portable container designed to assist with moving and/or
storage of household or commercial goods and materials, including,
but not limited to, portable on-demand storage devices ("PODS") and
similar containers, designed for the collection of large amounts of
garbage and/or refuse, including, but not limited to, dumpsters and
bagsters, or designed for the collection of yard waste and debris.
Containers, including dumpsters, used by commercial and multi-family
properties for regular storage of refuse and garbage in connection
with normal business activities shall not be considered bulk containers
under this article.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignor,
or any other legal entity.
A.
Bulk containers shall be used only in connection with maintenance,
construction and/or moving/relocation activities taking place on the
property upon which the bulk container is placed. It shall be unlawful
and a violation of this chapter for any person.
(1)
To cause or permit a bulk container to be placed on public property,
including, but not limited to, roads or streets within the Borough;
(2)
To cause or permit a bulk container to be placed in the Borough right-of-way;
(3)
To cause or permit a bulk container to be placed in such a location
as to block visibility or access to a public street;
(4)
To cause or permit a bulk container to be placed in such a location
as to block access to a public sidewalk; or
(5)
To cause or permit a bulk container to be placed less than six feet
from a curb of a street.
B.
The Zoning Officer may grant exceptions to the above for properties
that are physically unable to comply with the regulations.
C.
Bulk containers shall not have any electrical wiring, lighting or
heating elements.
D.
No advertising shall be permitted on a bulk container except for
the identity of the manufacturer of the bulk container.
A.
No bulk container shall be used within the Borough without a permit.
Any person seeking to use a bulk container shall apply for a permit
from the Borough using a form to be hereafter prescribed, identifying
the purpose, placement and proposed location of the bulk container.
The permit shall be valid for 45 days. There shall be no application
fee to obtain a bulk container permit. Upon written request to the
Zoning Officer, the permit may be extended for an additional 30 days.
No bulk container shall be permitted on a property in excess of 150
days within any twelve-month period. However, upon written request,
and with approval of Borough Council, the 150 days may be exceeded
in the event of an emergency and/or necessary situation.
B.
An application for use of a bulk container within the Borough shall
be reviewed by the Zoning Officer or his designee for approval. The
Zoning Officer shall have the right to deny an application if it is
deemed that the placement of the bulk container is contrary to the
health, safety and public welfare of the Borough. A denial of the
application by the Zoning Officer may be appealed by the applicant
to the Borough Manager.
C.
The continued validity of any bulk container permit issued under
this chapter shall be contingent upon full compliance with the regulations
and requirements set forth in this chapter and any other applicable
rules adopted by the Borough.
A.
Any person utilizing a bulk container shall be responsible to insure
that the area in and around the bulk container remains free of all
litter and debris.
B.
Any person utilizing a bulk container shall insure that the bulk
container remains in a neat and clean condition and is secure and
safe at all times.
C.
The location and utilization of the bulk container shall be in compliance
with all federal, state and local laws, rules and regulations applicable
thereto.
Any Person who violates this chapter shall be subject to a fine
not to exceed $600 per occurrence. Each day that a violation of this
chapter continues shall constitute a separate offense.
