It shall be unlawful for any person or entity to place or permit
the placement of a temporary portable storage unit(s) (PODS®)
on any property located in the Township which that person owns, rents,
occupies or controls without registering the unit with the Township.
Before placing a PODS® unit on his or her property, a person
must submit an application and receive a permit from the Township.
There shall be a nonrefundable registration fee of $50 for an initial
thirty-day permit. All fees pertaining to PODS® shall hereafter
be amended from time to time by resolution of the Board of Commissioners.
The PODS® unit shall be located at the applicant's
address for a maximum of 30 days, including the days of delivery and
removal. At the expiration of the thirty-day period, applicants may
seek to extend their permits for an additional 30 days by requesting
an extension for cause from the Township Manager. The cost of extending
a permit shall be $25 for each 30 days granted. No extensions shall
be granted in excess of 90 days, including the initial period, except
in the event of fire, hurricane or natural disaster causing substantial
damage to the structure. The property owner may apply to the Township
for permission to extend the time that a PODS® unit may be located
as a temporary structure on the property. Application for such extended
duration shall be made in writing and shall provide sufficient information
to determine whether such extended duration should be granted. The
Board of Commissioners shall make a determination on the request,
and the Board's decision is final.
PODS® units are prohibited from being placed in streets
or the front yard of a property. PODS® units must be kept in the
driveway of the property at the furthest accessible point from the
street. All locations must be paved off-street surfaces. The required
parking space(s) shall at all times be maintained if a PODS® unit
is placed in a parking area. The applicant must obtain preapproval
of the location by the Township Zoning Officer or Code Enforcement
Officer in the following situation:
A. If the property does not have a driveway.
B. If the location of the unit in the driveway is in the front yard
of the property.
C. If the property is a corner lot.
Only one PODS® unit may be placed at any property at one
time. The PODS® unit may not exceed eight feet six inches in height,
10 feet in width, or 20 feet in length.
The applicant, as well as the supplier, shall be responsible
for ensuring that the PODS® unit is maintained in good condition,
free from evidence of deterioration, weathering, discoloration, graffiti,
rust, ripping, tearing or other holes or breaks, at all times.
No PODS® unit shall be used to store solid waste, construction
debris, demolition debris, recyclable materials, business inventory,
commercial goods, goods for property other than at the residential
property where the PODS® unit is located (i.e., used for retail
sales) or any other illegal or hazardous material. Upon reasonable
notice to the applicant, the Township may inspect the contents of
any PODS® unit at any reasonable time to ensure that it is not
being used to store said materials. At no time shall any PODS®
unit be used for any of these purposes.
Any PODS® unit which is not removed at the end of the time
for which it may lawfully remain in place, or immediately upon the
direction of the Township Zoning/Code Officer for removal of such
unit for safety reasons, may be removed by the Township immediately,
without notice, and the cost of such removal, together with the cost
of administration of its removal, may be assessed against the property
on which the PODS® unit was located and may be filed as a lien
against such property.
A person applying for a permit to place a PODS® unit shall
submit with the application an insurance certificate providing liability
insurance in the amount of $100,000 that is supplied by the company
renting the PODS® unit, as well as a signed indemnity agreement.
The indemnity agreement shall promise to indemnify, save harmless
and defend the Township, its officials, agents, servants and employees
holding them harmless from any and all lawsuits, claims, demands,
liabilities, losses and expenses, including court costs and reasonable
attorney's fees for, or on account of, any injury or any damages
to any property which may arise or may be alleged to have risen out
of or in connection with the placement or utilization of the PODS®
unit.
Penalties for violations of this chapter shall be those set forth in Chapter
1, Article
II, of the Penn Township Code.