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.
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.
[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.
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.