[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitemarsh 9-12-1963 by Ord. No. 167.
Amendments noted where applicable.]
No paper, trash, rubbish, ashes, junk, waste or discarded materials
of any kind shall be thrown, deposited or dumped in any ravine, quarry, ditch
or gutter, on any highway, road, street, avenue, lane, alley, sidewalk or
footpath in the Township of Whitemarsh nor on any public place or private
property, vacant or occupied, within the limits of said Township.
No leaves, grass, weeds, hedges, tree trimmings or any other material
shall be burned within the boundaries of any public highway; nor shall any
fire be made which will cause damage to a highway or street paving.
It shall be unlawful for all individuals, corporations and businesses
owning or occupying property along any public highway, road, street, avenue,
lane or alley in the Township of Whitemarsh to drain or allow to flow into
or upon any highway, road, street, avenue, lane or alley, by pipe or any other
channel, whether natural or artificial, any water or drainage from sinks,
bathtubs, washstands, lavatories, water closets, swimming pools, privies or
cesspools of any kind or nature whatsoever, or any other foul or offensive
water or drainage[1] of any kind, or to allow any such water or drainage to percolate
into or upon said highway, road, street, avenue, lane or alley.
Nothing in this chapter shall be construed to prohibit municipal dumps
maintained by the Township of Whitemarsh or a reasonable accumulation of ashes
and rubbish on private property by the owners thereof.
Nothing in this chapter shall be construed to prohibit landfill operations
within the Township when the following conditions are met:
Nothing in this chapter shall be construed to prohibit the Township
of Whitemarsh from permitting any of the several property owners within the
Township of Whitemarsh possessing nonused or abandoned quarries to lease their
property to a municipality upon written application and the payment of an
annual license fee to the Township of Whitemarsh and the acceptance of such
terms and regulations from time to time adopted by the Township of Whitemarsh.
[Amended 3-18-1982 by Ord. No. 425]
The annual fee required by virtue of §§ 48-5 and 48-6 herein shall be determined annually, adopted by resolution of the Board of Supervisors, and shall not be less than the amount set in Chapter A121, Fees. The fee shall be fixed by the Supervisors by taking into consideration traffic supervision of the operations and such other factors that would tend to provide for an orderly operation.
[Amended 3-18-1982 by Ord. No. 425; 12-8-1988
by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this article shall, upon conviction, be
sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs
of prosecution, and, in default of payment of such costs and prosecution,
imprisonment for a term not exceeding 30 days; provided, however, that if
the District Justice determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance, such
defendant shall be permitted to pay the fines or costs in installments and
over such periods of time as the District Justice deems to be just.
[Added 12-14-2006 by Ord. No. 825]
A.
Leaf and yard waste defined. For the purposes of this
chapter, "leaf and yard waste" (collectively, "yard waste") shall be any leaves,
garden residues, grass clippings, shrubbery or tree trimmings and similar
material, but not including twigs or branches greater than six inches in diameter
and six feet in length, rocks or stones.
B.
Yard waste program established. There is hereby established,
subject to the terms and conditions set forth herein, a program for the voluntary
deposit at designated Township facilities of yard waste (the "yard waste program")
from all single family residences and multifamily residences located within
the Township (the "eligible properties"). Participation in the yard waste
program is strictly voluntary. The deposit of yard waste from properties located
outside of the Township is specifically prohibited.
C.
Eligible participants. Yard waste from eligible properties
may be deposited at designated Township facilities by Township residents,
upon proof of residency, and by private contractors licensed by the Township
pursuant to the provisions as further set forth herein.
D.
Drop-off locations and hours. Yard waste may be deposited
at the Whitemarsh Township Public Works Facility, located at 2015 Joshua Road,
Lafayette Hill, PA 19444, between the hours of 6:30 a.m. and 2:30 p.m., Monday
through Friday (the "designated facility"). The deposit of yard waste at a
nondesignated facility or at a designated facility at any time beyond the
hours of operation established herein shall be a violation of this article,
subjecting the offending party to civil penalties as provided for herein.
A.
Except as otherwise provided herein, no person shall
attempt to deposit yard waste from any eligible property at a designated facility
without first obtaining a license from the Township to do so.
B.
Every applicant for a license shall make application
in writing, on a form provided for that purpose (the "application"), to the
Township Manager or his designee for a "license to deposit yard waste" (the
"license") and a "depositing vehicle permit" (the "vehicle permit") for each
vehicle proposed to be operated by the applicant for the purpose of the deposit
of yard waste at a designated facility. The application shall, at a minimum,
contain the name, address and telephone number, the number and types of vehicles
operated, and the true owner, of the applicant concerned, along with any other
information requested by the Township. Every application, when filed, shall
be sworn to by the applicant and shall be accompanied by such application
and annual licensing fee as may be established from time to time by resolution
of the Board of Supervisors.
C.
The Township Codes Department shall be responsible for
the issuance of a license and vehicle permit for the purpose of depositing
yard waste from eligible properties at a designated facility to an applicant
demonstrating compliance with the provisions of this article and shall issue
a license and vehicle permit to all applicants so complying with this article.
Any party issued a license and vehicle permit by the Township shall hereinafter
be referred to as a "licensed contractor."
D.
No license shall be transferable.
E.
Every license shall expire automatically at 5:00 p.m.
on December 31 of the calendar year in which it is issued.
A.
There shall be no charge for Township residents to deposit
yard waste from an eligible property at a designated facility, provided proof
of residency, in a form satisfactory to the Township staff on duty at the
designated facility, is provided at the time of deposit.
B.
For licensed contractors, applicable fees for the deposit
of yard waste shall be as established pursuant to a fee schedule adopted by
resolution of the Board of Supervisors.
A.
Upon providing proof of residency to the Township staff
on duty, any Township resident shall be permitted to deposit yard waste from
an eligible property at the designated facility during the hours of operation
identified herein, free of charge and without limit as to the quantity of
yard waste to be deposited.
B.
In order to deposit yard waste from an eligible property
at a designated facility, a licensed contractor shall check in at the office
trailer upon arrival at the designated facility; identify the location within
the Township where the yard waste originated; provide proof of a valid License
and vehicle permit; and pay the applicable deposit fee.
C.
Any individual lacking either satisfactory proof of Township
residency or a validly issued license will be turned away and will not be
permitted to deposit yard waste at the designated facility until proof of
Township residency or a validly issued license is supplied to Township staff.
A.
Any person, corporation, partnership or other entity
whatsoever violating any of the provisions of this article, whether knowingly
or unknowingly done, shall, upon conviction, be sentenced to pay a fine of
not more than $1,000, plus costs of prosecution for each and every offense.
B.
The Township's Director of Code Enforcement may
suspend the license and vehicle permit of any licensed contractor found to
have violated the provisions of this chapter for a period of 30 days from
discovery by the Township of the first violation. In the case of two violations
within a twelve-month period, the Township's Director of Code Enforcement
may suspend the license and vehicle permit for a period of 90 days from the
discovery by the Township of the second violation.
C.
The Township reserves the unqualified right to refuse
deposit of any material determined by Township staff, in its sole discretion,
to violate the provisions of this article.
