[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 2002-21 (Sec. 9-7 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any vehicle, trailer, tool, equipment, material, supply, dumpster,
container, roll-back-type container, box, can or any other item or combination
of materials other than licensed vehicles.
The Township's Construction Official, or any person to whom he or
she may delegate, in writing, the duties described herein.
Any solid waste removal container capable of holding or carrying
15 cubic yards or more of solid waste material, and which may be left at a
site and picked up at a later time, the container not being self-propelled.
The act or condition of putting or leaving an object in a public
place for longer than 15 minutes.
Any public street or sidewalk, alley, promenade, mall, park or any
other public right-of-way.
A decision made in good faith, in the interest of preserving the
safety and welfare of the public in general.
Debris, demolition material, building materials, metals, bricks,
glass, concrete, waste from building operations, rocks, concrete bricks, dirt,
ashes, plaster or similar solid materials obtained from construction or demolition
projects.
A.
To the maximum extent possible, construction equipment
for the collection and removal of solid waste material shall be parked on
private property belonging to the owner of the property undertaking the construction
work for which the equipment is needed. Such equipment should be placed a
reasonable distance from the property line bordering adjacent properties.
B.
If it is impossible or impractical to park construction
equipment on private property, a contractor or the property owner may apply
for a permit to park such equipment in a public place. Such application shall
be made in the form specified by the Township Construction Official. This
section shall not apply to duly authorized personnel employed by or under
contract with government or public utilities to perform construction or maintenance
of public works or public utility facilities.
A.
Applications for permits must be submitted in writing
to the Construction Official not less
than five business days prior to the date on which it is desired to place
the construction equipment or a container on a public place. It shall be the
responsibility of the contractor for the construction work to obtain the permit
for the placement of construction equipment. If there is no contractor, it
shall be the responsibility of the property owner to obtain the permit required
hereunder.
B.
No application for parking the construction equipment
or a container will be approved unless the construction equipment or container
is necessary due to construction, demolition or some other undertaking requiring
such parking.
C.
No application will be approved unless a permit has been
issued for construction or demolition work or the Construction Official is
otherwise satisfied as to the need for containers.
D.
The number of days the construction equipment or container
is to remain at that location shall not exceed a period of 30 days per permit
or renewal permit.
A.
Upon receipt of the application, the Construction Official
shall inspect or cause to be inspected the site where the construction equipment
or container is proposed to be placed. The Construction Official shall consider:
(1)
The need for such construction equipment or container;
(2)
The lack of available off-public, right-of-way space
in which to place the construction equipment or container;
(3)
The effect the construction equipment or container will
have on parking in the neighborhood and the safe and orderly flow of traffic
and pedestrians;
(4)
The general effect on the public health, safety and welfare.
B.
The Construction Official shall either approve or deny
the permit within five business days of the date the application is submitted.
The Construction Official may consult other Township personnel in making the
determination.
C.
Should the application be denied, the Construction Official
shall forthwith notify the applicant in writing of such denial, stating the
reason(s) the application was not approved. If the application is approved,
the Construction Official will issue a written permit. Any permit or renewal
permit issued hereunder shall indicate that the number of days the construction
equipment or container is to remain at that location is not to exceed a period
of 30 days.
A.
There shall be a nonrefundable fee of $10 for processing
an application for any initial or renewal permit issued hereunder.
B.
The Construction Official shall have the right to require
the establishment of an escrow account to insure against any damage caused
by or in any way connected with the use of the containers and construction
equipment, including damage to the public place or right-of-way caused by
the placement of the container. The Township Engineer shall be consulted as
to the proper escrow amount. Moreover, the applicant shall be required to
sign a statement agreeing to indemnify and hold the Township harmless for
any liability associated with the parking of the containers and construction
equipment in accordance with the permit.
A.
Permits issued are not transferable, except for transfers
by and between the contractor and the property owner, and are good only for
the time and place indicated on the approved application and permit, unless
a written renewal permit is secured from the Construction Official.
B.
In the event the construction equipment or a container
is removed from the site (except in the case of a container for the purpose
of emptying its contents and returning it to the site) prior to the expiration
date of the permit, the permit shall, at that time, automatically expire.
C.
Should there be early removal of construction equipment
or a container, the Construction Official must be notified in advance in order
to conduct a final inspection of the premises and to determine the schedule
for the return of any moneys deposited in escrow.
D.
Permits must be visible from the street at all times
during the period in which a container is present, whether or not the construction
equipment or container is actually in use. It is recommended that permits
be affixed to the street side of the construction equipment or container.
A.
Where a permit is issued to allow parking of construction
equipment or containers in public places, such equipment shall be placed and
maintained in a manner and location that minimizes the disruption of vehicular
and pedestrian access and traffic.
B.
Where containers are to be sited on private property
and without the need for a permit issued pursuant hereto, such equipment shall
be located a reasonable distance from the property lines of adjoining properties.
If, in the reasonable judgment of the Construction Official, such equipment
is not and cannot be located a reasonable distance from the property lines
of adjoining properties, the Construction Official may request the contractor
and/or property owner to erect barriers or screens around the equipment to
minimize the impact that such equipment has on adjoining properties. A sketch
of the screen or barrier to be employed and a sketch of the site indicating
the placement of the construction equipment shall be provided to the Construction
Official for his review. The reasonable judgment of the Construction Official
shall constitute grounds for the Construction Official directing the movement
of the construction equipment to a location other than that proposed by the
contractor or property owner.
C.
Containers for solid waste materials must be of a type
designed to be transported on a roll-back-type carrier truck only.
D.
Containers for solid waste materials must be used at
construction or demolition sites or at other exceptional sites as approved
by the Construction Official. Containers may not be used by commercial business
enterprises such as restaurants or retail stores for normal removal and disposal
of trash, unless otherwise permitted by ordinance.
E.
Construction equipment and containers must bear the name,
address, phone number of the refuse service to whom they belong along with
all other information that may be required by the Township Construction Official
and the municipal, county, state and federal regulations.
F.
Roll-back-type containers must have at least 400 square
inches of reflective material visible on each side, preferably along each
outside corner.
G.
It shall be the responsibility of the permit holder to
see that the construction equipment or container is placed at the site in
the manner and location indicated in the application.
H.
The Construction Official shall conduct a periodic inspection
of the construction equipment or container and its location. If, after the
construction equipment or container is in place, it is determined that the
construction equipment or container is a hazard to traffic or to the health,
safety or welfare of the area in question or of the Township in general, the
Construction Official may order the construction equipment or container removed
to a safe location. If a safer location cannot be secured, the Construction
Official may order the construction equipment or container removed and revoke
the permit.
I.
The reasonable judgment of the Construction Official,
the Police Department or other enforcement officials, as to the existence
of a hazardous or unsafe condition, shall constitute grounds for the Construction
Official ordering the container moved to a safer location or removed from
the site entirely. Should the holder of the construction equipment or container
permit fail or refuse to remove the construction equipment or container upon
expiration of the permit period (including any written extension thereof)
or upon notification of an unhealthful, hazardous or unsafe condition, the
Construction Official may cause the construction equipment or container to
be removed by Township or contracted personnel. Upon any such removal, the
Township will be entitled to reimbursement from the permit holder of all costs
to the Township, including attorney's fees and court costs. Notification requiring
removal shall be in writing. Notification shall be made to the permit holder,
if the permit holder is readily available, and if the permit holder is not
available, notification shall be made to the company supplying the container.
J.
If a permit is granted to allow the parking of construction
equipment in a public place, the permit holder shall be required to install
skip-plates or other equipment so as to minimize damage caused by the equipment
to the street, sidewalk or other public right-of-way.
A.
At any construction site at which there are no bathroom
or plumbing facilities and for which a construction or building permit is
issued or required, the contractor or property owner shall provide a portable
toilet for construction workers.
B.
Such portable toilet shall be parked on private property
only. In no instance may such a portable toilet be parked on public property
or in a public right-of-way.
C.
Such portable toilets shall be located a reasonable distance
from the property lines of adjoining properties. If, in the reasonable judgment
of the Construction Official, such portable toilet is not and cannot be located
a reasonable distance from the property lines of adjoining properties, the
Construction Official may request the contractor and/or property owner to
erect barriers or screens around the portable toilet to minimize the impact
that such portable toilet has on adjoining properties. A sketch of the screen
or barrier to be employed and a sketch of the site indicating the placement
of the portable toilet shall be provided to the Construction Official for
his review. The reasonable judgment of the Construction Official shall constitute
grounds for the Construction Official directing the movement of the portable
toilet to a location other than that proposed by the contractor or property
owner.
D.
The portable toilet placed at the site by the contractor
or property owner shall comply with all applicable federal, state, county
or local laws, statutes, ordinances, and regulations, including without limitation
health codes and regulations.
E.
The portable toilet required hereunder shall be emptied
on a regular basis and shall otherwise be maintained in a safe and sanitary
manner.
F.
The portable toilet required hereunder shall immediately
be removed upon the completion of any construction work to or the availability
of bathroom facilities at the site.
The Construction Official and any duly designated representative shall
enforce this chapter, and it shall be the duty of any and all police officers
and other Township enforcement personnel to aid in such enforcement.
