[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 9-13-2007 by Ord. No. 639. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings ascribed to them therein:
Any receptacle designed or utilized for the purpose of crushing,
compressing, storage and/or collection of refuse, trash, debris or
other solid waste materials.
The types of receptacles defined in the definitions of "dumpster," "open-top container," "compaction container" and "portable outdoor storage facility" in § 274-1 of this chapter.
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
Any uncovered receptacle utilized for the storage and/or
collection of refuse, trash, debris or other solid waste materials.
A permit issued by the Department of Inspections authorizing
the temporary placement of a dumpster, portable storage facility or
container in or upon a street or public grounds or upon private property.
A portable device or container of 15 cubic yard(s) or more
in size and intended for the storage of personal property.[1]
Each application for a permit hereunder shall be accompanied
by a certificate or certificates of insurance, in a form approved
by the Township Manager, issued by one or more insurance companies
authorized to do business within the Commonwealth of Pennsylvania
certifying that said company or companies have issued or have written
the following policies, which shall not be canceled except on 15 days'
written notice to the Township:
A.
Comprehensive general liability, naming the Township as an additional
insured, from the applicable hauling company in limits acceptable
to the Township.
Every person, firm or corporation desiring to utilize any dumpster,
open-top container, portable outdoor storage facility or compaction
container on a public street or private property within the Township
shall apply for the permit required by this chapter by submitting
an application on a form prepared and furnished by the Department
of Inspections. The application shall set forth the name of the owner
and operator, if not the same, the location and size of the container,
the dates of use and such other information as the Department of Inspections
may require.
The permit shall be issued only for the actual period of use
not to exceed 30 days from the date of issuance. In the event any
permit expires while the container is still in use, the applicant
on or before the expiration date must apply for and receive a renewal
permit for another thirty-day period. When an initial application
is filed, a permit fee shall be paid to the Township. The permit fee
and the renewal fee shall be established by resolution of the Board
of Commissioners, from time to time.
Any container not maintained in accordance with the provisions
of this chapter is hereby declared a nuisance and shall be subject
to the appropriate abatement procedures.
A.
No container shall be transported, emptied, or serviced between the
hours of 7:00 p.m. and 6:00 a.m. Monday through Friday, 7:00 p.m.
and 8:30 a.m. on Saturday or at any time on any Sunday or legal holiday,
nor shall any mechanical, hydraulic or electric loader, compactor,
packer or conveyor be utilized during such hours. The aforesaid shall
not be applicable to Township trash haulers or private trash haulers.
B.
No container shall be filled beyond the top of such container. Containers
shall be emptied as soon as practical when full, or within 48 hours
upon receipt of written notice by the Township.
C.
No container shall be filled by means of a chute, conveyor, belt
or other device located in, above, on or across a street, or by dropping
or throwing items in, above, on or across a street, unless the permit
authorizing placement of such container specifically authorizes such
method.
D.
When not in use, all containers shall be covered with a lid or tarpaulin
or otherwise secured, to prevent debris from blowing out of said container.
E.
No container may be placed on a public street within Upper Chichester
Township unless the container has reflectors or some other type of
reflective materials attached to all four of its sides and no permit
shall be issued for the use of any such container which does not have
such reflectors attached to all four sides. All such reflectors or
reflective materials must be located on areas of the container which
are readily visible to vehicular and pedestrian traffic.
F.
On or before the expiration of the permit, the permit holder shall
remove or cause to be removed the container, unless a renewal permit
is obtained through the Department of Inspections. The permit holder
is responsible for the cleanup of the area where the container is
located.
Containers shall not be placed closer than 30 feet to any intersection,
or upon any one-way street, or within 15 feet of any fire hydrant.
In the event of an emergency, any container may be removed by
the Upper Chichester Township Police Department, Highway Department
or Emergency Management Coordinator.
Violation of any terms and conditions of this chapter by the applicant, his agents, employees or any container hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from the public or private property immediately upon revocation. Such action shall be in addition to the penalties provided for in § 274-11.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this chapter continues shall constitute a separate offense.
