[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township 4-6-2009 by Ord.
No. 1574; amended in its entirety 5-4-2015 by Ord. No. 1651. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Movable refuse container, including "roll-off" containers
intended to be used for the temporary storage of refuse from a demolition,
cleanout or construction site, but not used for any food waste.
Movable wheeled trailers not exceeding 20 feet in length
for residential and 40 feet in length for commercial that are used
in connection with the performance of construction work, and which
may be designed or intended to convey tools, equipment, construction
materials, building materials or other construction-related items
to and from a construction site by a building contractor or property
owner, and which are located on any site at which construction work
is actively being performed, has commenced and temporarily ceased,
or for which a building permit for construction work has been issued
where construction activity is not actively progressing. A single
construction trailer parked on a property by one of that property's
residents, when used in conjunction with an occupation of that resident,
shall be exempt from the requirements of this chapter (provided the
occupation is not that of a junk dealer, and provided further that
parking such a trailer does not conflict with § 20.6, Parking
of commercial vehicles).[1] Portable classrooms shall not be considered "construction
trailers" nor any trailer used for overnight human occupation.
[Amended 1-9-2017 by Ord.
No. 1672]
Portable sheds or large movable boxes not exceeding 20 feet
in length for residential and 40 feet in length for commercial and
10 feet in height (hereinafter referred to as "PSUs") that are loaded
with materials and placed on a residential or nonresidential parcel
for purposes of temporary storage of materials, including but not
limited to household goods, building materials (prior to being used
for building purposes), and for any other storage on a limited or
temporary basis. Provided the portable storage unit is used and permitted
as provided in this chapter, such units shall not be considered an
accessory structure as provided under Title 10, Zoning Code,[2] of the Code of Upper Moreland Township. Dumpsters shall
not be considered portable storage units.
[Amended 1-9-2017 by Ord.
No. 1672]
A.
Prior to the placement of any PSU, construction or demolition dumpster
or construction trailer on any parcel in Upper Moreland Township or
on any public street in the Township, the owner of such parcel, or,
in the case of a construction or demolition dumpster or construction
trailer, the registered owner of the unit, must apply for and obtain
a permit for the placement of such PSU or construction trailer from
Upper Moreland Township.
B.
All applications for an initial permit under this section for a PSU
or construction or demolition dumpster shall be for a maximum of 60
days; all applications for an initial permit under this section for
a construction trailer shall be for a maximum of six months and shall
contain a diagram depicting the proposed location of the PSU, construction
or demolition dumpster or construction trailer for approval by the
Township Code Official.
[Amended 12-6-2021 by Ord. No. 1726]
C.
The Township shall collect an application fee for any permit issued
hereunder, in an amount to be fixed by resolution of the Board of
Commissioners, from time to time. No fee shall be required for a construction
or demolition dumpster used with any other permit fee.
D.
Permits issued under this section, and any renewal of permits issued
hereunder, must be signed by a code official of the Township and prominently
displayed on the PSU, construction or demolition dumpster or construction
trailer for which the permit is issued in a sealed and watertight
manner, so as to protect the permit from denigration by the weather,
rain or other elements.
[Amended 12-6-2021 by Ord. No. 1726]
After the expiration of the sixty-day period for the initial
permit in the case of a PSU or construction or demolition dumpster,
and after the expiration of the six-month period for the initial permit
in the case of a construction trailer, an applicant for a portable
storage unit may submit a renewal application for an additional 60
days in the case of a PSU, or six months in the case of a construction
trailer, which same application shall not be unreasonably refused
by the Township. An applicant for a construction or demolition dumpster
may submit an application for an additional 30 days only, which application
shall not be unreasonably refused by the Township. All such applications
for extension of a permit must be accompanied by an extension fee
in an amount to be fixed by resolution of the Board of Commissioners
from time to time.
No residential parcel may have more than one PSU and one construction
or demolition dumpster at one time.
A.
Unless otherwise permitted by the Code Enforcement Official and police,
no PSU or construction trailers or construction or demolition dumpster
may be kept, stored, or located for more than five days on a public
street in Upper Moreland Township.
B.
Unless a driveway or paved area does not exist, or unless directed
otherwise by the Code Enforcement Official, PSUs, construction or
demolition dumpsters and construction trailers shall be placed on
a paved portion of the lot as far from the street as possible. The
minimum distance of a PSU, construction or demolition dumpster, or
construction trailer from a principal building shall be five feet.
The ultimate location of the PSU or construction trailer or construction
or demolition dumpster shall be at the direction of the Code Enforcement
Official in order to minimize the effect on traffic and neighboring
properties.
C.
If a PSU or construction or demolition dumpster is placed in the
street, reflectors and/or flashing warning lights shall be used to
make it more visible to drivers and bicyclists.
D.
PSUs and construction or demolition dumpsters may not be placed in
such a position that they create sight obstructions for traffic.
E.
Any PSU or construction or demolition dumpster permitted to be placed
on a public street shall display, in addition to the permit, the owner's
name or company logo, telephone number and any unique identification
number. The permit holder shall be responsible for any damage to the
street.
A.
Portable storage units or construction trailers shall be kept locked
when not in use.
B.
If a PSU or construction trailer contains any hazardous chemicals,
material safety data sheets shall be provided to the Code Enforcement
Officer and Fire Marshal.
C.
Contents of dumpsters shall be properly secured so as not to be deposited
outside of the dumpster.
A.
No more than two PSUs may be placed on a nonresidential property
at one time.
B.
Upon application, the Code Enforcement Officer may permit up to three
PSUs and two construction trailers or construction or demolition dumpsters
on a nonresidential site or on a residential development site.
C.
Applications for additional PSUs or construction trailers may be
granted by the Board of Commissioners only upon a showing that the
additional PSU, construction or demolition dumpster or construction
trailer is reasonably required for temporary storage or construction
purposes and not adverse to the public interest.
A.
Any person who shall place a PSU, construction or demolition dumpster
or construction trailer in violation of this chapter shall, upon conviction
before a Magisterial District Judge, be sentenced to pay a fine not
exceeding $300, together with the costs of prosecution. Each day in
which a violation shall continue after due notice to the property
owner shall be deemed a separate offense, punishable by the terms
and conditions provided under this section.
B.
Any Code Enforcement Official or law enforcement officer of Upper
Moreland Township is duly empowered to enforce the terms, conditions
and provisions of this ordinance and to commence such summary criminal
proceedings as may be warranted upon finding of any violation of the
terms, conditions and provisions of this Ordinance.
