For the purpose of this article, the following terms, phrases or words shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
APARTMENT BUILDING
A building used for residential purposes with more than six dwelling units, except hotels, motels, tourist cabins and dormitories.
CHRISTMAS TREES
Any of several varieties of coniferous trees on which the trunk has been removed from the roots, or wreaths made from the branches of such trees.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 5-29-2007 by Ord. No. 2007-07]
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes.
LEAF WASTE
Leaves fallen from trees, bushes or other woody deciduous plants.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Township of Lower Allen and other governmental and quasi-governmental authorities.
OVERSIZED YARD WASTE
Large items of yard waste, including but not limited to tree stumps and branches exceeding four inches in diameter.
PERSON
Any individual, partnership, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. It shall also mean owner, lessee or occupant of a residential dwelling, commercial establishment or institutional establishment. In any provision of this article prescribing a fine, imprisonment or penalty or any combination thereof, "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PUBLIC NUISANCE
Any premises which is capable of being conducive to a fire, health or safety hazard due to, but not limited to, accumulations of any flammable materials, refuse, recyclables, hazardous waste, or any premises which contains unauthorized accumulations of refuse and/or recyclables.
RESIDENTIAL BUILDING
A building used for residential purposes, except hotels, apartments with more than six dwelling units, tourist cabins, motels, fraternities and dormitories.
SMALL BUSINESS
A business establishment that produces five or fewer forty-gallon containers of garbage, ashes and refuse, including recyclables, per week.
TOWNSHIP
Lower Allen Township, Cumberland County, Pennsylvania.
TOWNSHIP COLLECTION SERVICE
A service for the collection of leaf waste, yard waste and Christmas trees, which is provided by the Township or the Township collector.
TOWNSHIP COLLECTOR
A person or firm designated by the Township by means of an independent contract to have the right and privilege, subject to certain limitations, to collect, haul and/or dispose of refuse and recyclables within the Township of Lower Allen, but shall not be construed as meaning that such person is an employee, official or representative of the Township.
TRUCKS
Vehicle(s) used for the collection of solid waste and recyclables which has mounted thereon an approved watertight sanitary body or which has a standard truck body made watertight and equipped with means of covering to prevent loss of material by wind.
YARD WASTE
Garden residue, trimmings, prunings and branches of four inches or less from plants, shrubs and trees. Excludes grass clippings, dirt, and sod.
Yard waste, as defined above, may not be disposed of as refuse, nor mixed with refuse for collection by the Township or the Township collector. There is therefore established in the Township a yard waste collection program for persons residing in residential dwellings from which solid waste is collected by or on behalf of the Township.
A. 
Preparation of Christmas trees, leaf waste and yard waste.
(1) 
Preparation for collection by the Township or Township collector.
(a) 
All Christmas trees must have all ornaments, tinsel and other decorations removed. Trees may not be placed in plastic bags. Trees may be placed at curbside on the appropriate day or delivered to the Township recycling facility.
(b) 
Leaves must be raked to curbside in order to be picked up by Township equipment. Leaves packed into recyclable paper (Kraft) bags will not be picked up at curbside, but may be dropped off at the Township recycling facility.
(c) 
Yard waste may be bundled with string or twine, with such bundles not exceeding four feet in length or 45 pounds in weight, and left at curbside on the appropriate day. Trashcans may also be used to set out yard waste at curbside, as long as such cans are placed a minimum of six feet away from regular refuse. Branches may not exceed three inches in diameter.
(d) 
All materials shall be otherwise prepared for collection in accordance with any regulations established by the Township Manager.
(2) 
Preparation for collection by Township licensee. The manner of preparation of Christmas trees, leaf waste and yard waste for collection by a Township licensee is a matter of agreement between the private parties involved; provided, however, that such manner shall be subject to the power of regulation of the Township Manager and shall not be unnecessarily offensive to the senses, attractive to vectors, creative of other nuisances, unsafe or unhealthy.
B. 
Collection by Township collector or by Township licensee.
(1) 
Collection by Township collector.
(a) 
Persons may dispose of oversized yard waste by contracting privately with the Township collector or with a Township licensee.
(b) 
Grass clippings may be disposed of along with regular refuse and may not be commingled with yard waste. Sod may not be commingled with yard waste and may be disposed of by contracting privately with a contractor.
(c) 
Yard waste containers for dwellings and dwelling units shall be of such size as can be handled easily by one person. The maximum weight of a filled container shall not exceed 45 pounds.
(d) 
All containers shall be kept in a sanitary condition and shall be kept in good condition. Any container that does not conform to this article or that is likely to injure the collector or his employees or hampers the prompt collection of refuse shall be replaced upon notice. Failure to replace such defective container may result in the stoppage of service until such time as the container is replaced.
(2) 
Storing of yard waste. No person shall place any yard waste in any street, alley or public place or upon any private property, whether owned by such person or not, within the Township, except as properly prepared in § 180-19A(1) for collection or under an express approval by the Township Manager. No person shall throw or dump any yard waste in any stream or other body of water.
(3) 
Storing of leaf waste and Christmas trees. Leaves fallen from trees shall be placed or allowed to remain upon or collected in piles upon any street for collection by the Township on the dates scheduled. The Township will determine the dates of collection. Christmas trees must be stored neatly on the property until the collection day determined by the Township when the trees will be placed on the curb for pickup by the Township.
(4) 
No person shall maliciously spill or scatter the contents of any waste container or damage or destroy any such container.
[Amended 9-28-2020 by Ord. No. 2020-03]
A. 
Residential buildings and small businesses. Leaf and yard waste collection shall be available to all residential buildings and small businesses within the Township of Lower Allen and may be collected by the Township collector.
B. 
Commercial, institutional, and municipal establishments. All persons who are responsible for the operation of commercial, institutional, and municipal establishments who gather leaf and yard waste shall separate and provide for its recycling.
A. 
Yard waste shall be suitably enclosed or covered in such vehicles so as to prevent roadside littering, attraction of vectors or creation of other nuisances.
B. 
Township collector shall haul yard waste to the Township recycling facility to be processed. Township collectors and private contractors shall not, at any time, dispose of yard waste collected within the Township into a landfill or in any other manner in violation of Department of Environmental Protection regulations.
C. 
To the extent permitted by law, the Township shall:
(1) 
Use reasonable efforts to inform residents of the benefits which may be obtained from recycling, the types of waste which are recyclable and the schedule for collection of recyclables.
(2) 
Use reasonable efforts to enforce the rules and regulations relating to containers for recyclables and proper preparation of recyclables by residents for collection by the Township or Township collector.
D. 
Contractors may not collect yard waste or deliver yard waste to the Township recycling facility unless adequately insured. Insurance coverage should be as follows:
[Amended 9-28-2020 by Ord. No. 2020-03]
(1) 
Workmen's compensation, including occupational disease and employer' s liability insurance.
(a) 
Statutory: amounts and coverage as required by workmen's compensation laws of the commonwealth.
(b) 
Employer's liability: at least $1,000,000 each accident.
(2) 
Public liability, including coverage for direct operations, sublet work, elevators, contractual liability and completed operations with limits not less than those stated below:
(a) 
Bodily injury liability, including personal injuries: $1,000,000 each person, $1,000,000 each occurrence, $2,000,000 aggregate.
(b) 
Property damage liability: $1,000,000 each occurrence, $2,500,000 aggregate.
(c) 
Regarding personal injury written on a nonparticipating basis (with no participation by insured).
(d) 
Regarding property damage, including broad form property damage: remove XCU exclusions (explosion, collapse, and underground property damage).
(e) 
Regarding completed operations liability: continue coverage in force for two years after completion of work.
(3) 
Comprehensive automobile liability insurance, including coverage for owned, nonowned and hired vehicles with limits not less than those stated below:
(a) 
Bodily injury liability: $1,000,000 each person, $1,000,000 each occurrence, $2,000,000 aggregate.
(b) 
Property damage liability: $100,000 each occurrence.
(4) 
Owner's contingent liability (owner's protective).
(a) 
Personal injury: $1,000,000 each person, $1,000,000 each occurrence.
(b) 
Property damage: $1,000,000 each occurrence, $1,000,000 each aggregate.
(5) 
Excess or umbrella policy in the amount of $1,000,000.
(6) 
Policies and insurers shall be subject to approval of the Board of Commissioners.
E. 
The Township collector and Township licensee shall report any violation of this article observed by them to the Township Manager daily.
A. 
Dwellings and dwelling units. The fees for collection and disposal of yard waste under this article from dwellings, dwelling units and small businesses may be assessed by resolution passed by the Board of Commissioners on an annual basis per dwelling unit per quarter. The owner of the dwelling unit shall pay the fees provided therein in advance. The Township may designate an agent, including any bank or trust company, to act on its behalf in the collection and accounting matters involved. Billing will be done not later than the first day of the first month of each calendar quarter. Fees shall be subject to a penalty of 10% per dwelling unit per quarter if not paid by the 30th day of the first calendar month of the quarter. All accounts shall be considered delinquent if not paid by the 30th day of the first calendar month of the quarter, and all delinquent accounts are subject to stoppage of service without notice. Upon stoppage, service will be resumed thereafter only on payment of the accumulated fees for the period of collection and the period of noncollection, plus the 10% penalty as aforesaid and interest. The stoppage of service herein provided for shall be in addition to the right of the Township to proceed for the collection of such unpaid charges by action in assumpsit, by municipal lien or, at the election of the Township, in any other manner provided by law for the collection of a municipal claim.
B. 
Nondwellings and nondwelling units. Fees for collection from other than dwellings and dwelling units shall be fixed by mutual agreement of the parties and shall be paid directly to the person making such collection.
The Township Manager or his designee is authorized and directed to enforce the provisions of this article, as shall any Code Enforcement Officer or police officer of the Township. The Township Manager shall have authority to make rules and regulations relating to the administration of the provisions of this article, in addition to any other powers herein conferred upon him, provided that such rules and regulations are not contrary to the provisions of this article. An aggrieved person shall have the right of appeal against any rule or regulation made by the Township Manager to the Board of Commissioners, which may confirm, modify or revoke any such rule or regulation.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this article in equity in the Court of Common Pleas of Cumberland County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any premises on which conditions of leaf waste, yard waste or oversized yard waste exists causing it to be a public nuisance is prohibited. Failure to remove or remedy said public nuisance after receiving written notice to do so shall be deemed a violation of this article, punishable as herein provided.
C. 
No person shall dump, bring, deposit or otherwise dispose of leaf waste, yard waste, oversized yard waste, Christmas trees or waste of any kind or nature within the jurisdictional limits of the Township, except for collection as herein provided or except under express license issued by the Board of Commissioners.
D. 
Nothing herein is intended to preclude the Township's exercise of any additional remedies, in law or in equity, for noncompliance with this article.