[Adopted 10-26-2009 by Ord. No. 7-2009]
This article shall be known and referred to as the "Willistown
Township Dumpster and Storage Container Ordinance."
Unless otherwise expressly stated, the following terms, whenever
used within this article, specifically, shall be deemed to mean the
following:
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97,[1] as now or hereafter amended.
Solid waste resulting from the construction, demolition or
renovation of buildings and other structures, including, but not limited
to, wood, plaster, metals, asphaltic substances, bricks, block and
unsegregated concrete. This term, notwithstanding the definition of
refuse as set forth below, shall also include for purposes of this
article uncontaminated soil, rock, stone, gravel, brick and block,
concrete, used asphalt, waste from land clearing, grubbing and excavation,
including trees, brush, stumps and vegetative material.
Any nonmotorized portable container owned, rented or leased,
or used for the purpose of storing, containing and/or carrying of
refuse whether or not containing wheels for movement, that has the
ability to store more than eight cubic yards of refuse. This article
does not intend to regulate garbage containers used, in the normal
course, at a private premises and left for ordinary removal by a hauler
or private collector.
Shall include the Willistown Township Police Department,
Willistown Township Code Enforcement Official or the Director of Public
Works.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Any person licensed and insured by the appropriate governmental
agencies to collect, transport and dispose of garbage and/or refuse.
Any garbage, refuse or a combination thereof, as defined
in Act 97, which, because of its quantity, concentration, or its physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Any individual, firm, partnership, association, corporation,
institution, cooperative enterprise, trust, municipality, municipal
authority, federal government or agency, commonwealth institution
or agency or any other legal entity whatsoever which is recognized
by law as a subject of rights and duties. In any provision of this
article prescribing a fine, imprisonment or penalty or any combination
of the foregoing, the term "person" shall include officers and directors
of any corporation or any other legal entity having officers and directors.
Any dwelling, house, building, structure or vacant lot designated
or used, either wholly or in part, for the private residential purpose
or place of business, whether inhabited, occupied or temporarily or
continuously uninhabited or vacant and shall include yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
Any property or structure owned, leased, or controlled by
Willistown Township, the County of Chester, or the Commonwealth of
Pennsylvania.
A general term meaning all matter and material which is discarded, including garbage, noncombustible waste and any municipal waste materials, as defined in Act 97, including but not limited to construction/demolition waste (as defined in this article). Notwithstanding anything to the contrary as may be contained in this article or Act 97, the term "refuse" shall not include garbage as it is defined in this article. "Refuse" shall not include recyclable materials as defined in Article III, Chapter 87, of the Code of the Township of Willistown.
Any nonmotorized portable container owned, rented or leased
for the purpose of storing, containing and/or carrying of commercial,
industrial, or residential goods that does not contain a foundation.
Willistown Township.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
No person, other than agents or employees of the Township, shall
place, maintain or use a dumpster or storage container, on public
property, including public thoroughfares, without first having obtained
a permit from the Township to do so.
The person to whom the permit is issued pursuant to § 87-34, above, and § 87-37, below, shall be responsible for the following:
A.
The dumpster or storage container shall have proper reflectors placed
conspicuously upon it, with flashing signal lights, or the person
shall place illuminated barricades or other sufficient reflectors
as required by the enforcement official in order to ensure the safety
of pedestrian and/or vehicle traffic. Each dumpster or storage container
shall have reflectors placed both on the front and rear surfaces for
night safety in such a manner as to indicate the height and width
of it, with visibility of 500 feet by automobile headlights.
B.
There shall be no defect or faulty design in the dumpster or storage
container, which might create a hazard to the general public, interfere
with its operation or inhibit the purpose for which it is to be used.
C.
The placement of the dumpster or storage container shall not block
the flow of vehicular traffic or pedestrian traffic. When any dumpster
or storage container having a capacity of 10 cubic yards or more is
used, the person shall provide adequate protection to the roadway
and any adjacent surfaces as determined by the enforcement official.
D.
The dumpster or storage container shall not be placed within 15 feet
of any fire hydrant.
E.
During all times when the dumpster or storage container is in place
and in use, a tarpaulin or other suitable weather-resistant cover
shall be placed over it in order to protect the contents from being
displaced and/or causing litter on public property or a private premises
or creating dust, offensive odors or other health hazards. In all
instances, the container shall, when necessary, be provided with adequate
restraints to prevent inadvertent movement from its original location.
The need for restraints shall be determined by the enforcement official
at the time the permit is issued.
F.
The dumpster or storage container shall be conspicuously marked with
the name, address and phone number of its owner, and a copy of the
current effective permit shall be visibly attached to it.
G.
No overflow of any material shall be permitted from the dumpster
or storage container, nor shall any accumulation of any material next
to a dumpster or storage container be permitted.
H.
Without limiting anything above, no dumpster or storage container
shall be placed in any location which would result in a prohibited
obstruction of traffic or rights-of-way under any otherwise applicable
provision of the Township Code or of the Pennsylvania Motor Vehicle
Code.
I.
Hazardous waste and garbage shall not be stored in a dumpster or
storage container.
This article shall not be construed to prohibit the placement
of a dumpster or storage container on a private premises when such
placement would not otherwise violate provisions of the ordinances
of the Township, so long as the following conditions are met:
A.
B.
Placement of any dumpster or storage container in a rear or side
yard shall be placed in such a manner as to not constitute a public
nuisance or to interfere with any adjoining landowner's usual
or customary use of their property.
All permits required by this article shall be issued by the
Township's Code Enforcement Official, following written application
by any owner or lessor of a dumpster or storage container (hereinafter,
"applicant"). This application shall be on a form provided by the
Township. Before the issuance of the permit, the Code Enforcement
Official may consult with the Willistown Township Police Department
or Public Works Department to determine whether the proposed use and
location of the dumpster or storage container will not constitute
a traffic and/or public safety hazard. The following requirements
shall apply to all permits issued pursuant to this article:
A.
The permit application is considered complete when all required information
is provided on the permit application.
B.
The permit must be issued prior to the placement of the dumpster
or storage container by the applicant.
C.
All permits issued under this article shall be valid for a period
of 10 working days from the date of placement of the dumpster or similar
container, as stated in the application. If it becomes necessary to
amend the date of placement of the dumpster or similar container,
the applicant shall so notify the Township Code Enforcement Official
and the 10 days will begin with the actual placement of the dumpster
or similar container.
D.
An applicant may apply for an extension of the ten-working-days period,
to be granted by the enforcement official in increments of 10 working
days, if the enforcement official deems the extension necessary and
reasonable. The applicant must apply for any extension at least three
days before the expiration of the original permit.
Each application for a permit for placement of a dumpster or
similar container on public property shall be accompanied by a certificate
of insurance in a form approved by the Township and issued by one
or more insurance companies authorized to do business in the Commonwealth
of Pennsylvania, certifying that said applicant is bound by a commercial
general liability ("CGL") insurance on an occurrence basis covering
claims of personal injury and property damage naming the applicant
as a named insured. The CGL insurance shall have personal injury liability
of not less than $1,000,000 for each occurrence and a $3,000,000 minimum
aggregate amount. The CGL insurance shall also have property damage
liability that provides for not less than $1,000,000 for each occurrence
and a $3,000,000 minimum aggregate amount.
Each application under this article shall be accompanied by
a fee of $35, including any application for an extension of an already-issued
permit. The applicant will also be charged a fee of $10 per day, each
day the dumpster or similar container is in use after the initial
first ten-day period.
Violation of any terms and conditions of this article by the applicant or the applicant's agents, employees or any contractors hired by the applicant, shall be reason for immediate revocation of the permit issued hereunder. The dumpster or storage container shall be removed immediately upon revocation. Such removal shall be in addition to the penalties described in § 87-41, below. If the applicant refuses to remove the dumpster or storage container within two days after the receipt of the revocation notice, in writing, by the enforcement official, the Township may cause the removal of the dumpster or storage container, and the applicant will be responsible for the costs of same in addition to the penalties described in § 87-41, below.
Any person who shall violate or fail, neglect or refuse to comply with any of the provisions of this article shall, in addition to any other penalties provided by law, upon conviction before the District Justice, be sentenced to a fine of not more than $1,000 and the costs of prosecution thereof for each and every offense. Each continuing day of any violation of this article or unlawful conduct as defined in § 87-35 of this article, shall constitute a separate and distinct offense.
