[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-14-1969 by Ord. No. 69-10 (Ch. 20, Part 1, of
the 1991 Code of Ordinances)]
A.
BOARD
GARBAGE
PERSON
PLANNING COMMISSION
REFUSE
The following words, as used in this article, shall have the meanings
hereby ascribed thereto, unless the context clearly indicates a different
meaning:
The Board of Supervisors of Fairview Township, York County,
Pennsylvania.
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 natural person, association, partnership, firm or corporation.
The Planning Commission of Fairview Township, York County,
Pennsylvania.
All discarded articles or materials, except sewage and liquid
waste, and including garbage, ashes and combustible waste.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person, partnership, corporation or association shall maintain,
operate or permit to be maintained or operated upon any land in Fairview
Township owned, leased or occupied by him, them, or it, an open dump
where garbage or refuse, as defined above, is cast upon the ground,
burned or allowed to accumulate; provided, however, that the temporary
accumulation of garbage or refuse for a period not to exceed one week,
where said refuse is the result or product of the residential dwelling
upon said land, shall not be deemed a violation of the provisions
of this article.
No person, partnership, corporation or association shall dump,
deposit, cast or throw any garbage or refuse as defined in this article,
upon any lot or piece of ground within the Township, or upon or in
any body or stream of water, or upon any highway or sidewalk in the
Township.
No person, partnership, corporation or association shall maintain,
operate or permit to be maintained or operated upon any lands in Fairview
Township owned, leased or occupied by him, them or it, a sanitary
landfill where garbage or refuse, as defined above, is hauled, accumulated
or buried, unless such person, partnership, corporation or association
shall first have obtained a permit from the Board and shall have paid
the prescribed fee therefor.
[Amended 5-14-1991 by Ord. No. 91-2]
No permit shall be issued by the Board unless the following
requirements are met:
A.
The land intended to be used as a landfill shall be located only in areas allowed under the provisions of Chapter 300, Zoning.
B.
The land intended to be so used shall be set back at least 500 feet
from any public road and from any property line of adjoining owners,
and 1,000 feet from any pond, lake, stream or watercourse.
C.
Screen planting at least six feet in height and no more than five
feet between centers shall be planted around the perimeter of the
tract of land upon which such landfill is located.
D.
Approval of the landfill must first be obtained from the Pennsylvania
Department of Environmental Protection.
E.
A topographical plan of the proposed landfill must be submitted showing
the location thereof, the size of the entire tract, the location within
said tract of the land intended to be used as a landfill, the location
of any public roads and adjoining property lines and their distances
from the land intended to be used as a landfill, the location of any
pond, lake, streams or watercourses, and their distances from the
land intended to be used as a landfill, a cross-section of the proposed
landfill showing the depth proposed to be filled and the amount and
depth of the earth fill proposed to be used as cover, together with
the depth of each layer of refuse.
F.
Said plan shall be referred by the Board to the Planning Commission
for study. The Planning Commission shall recommend to the Board, within
60 days of the referral to them, either the granting or rejecting
of the plan.
G.
After the Board shall have received the recommendation of the Planning
Commission, it shall, within 45 days, issue a permit to the applicant,
or refuse such a permit. If the permit is refused, the Board shall,
within 15 days after the rejection, notify the applicant in writing
of the reasons for the refusal.
A permit issued under this article shall be valid for a period
of one year, unless sooner revoked by the Board.
[Amended 5-14-1991 by Ord. No. 91-2]
Before any permit is issued, the applicant shall pay to Fairview
Township a permit fee in the amount to be established from time to
time, by resolution of the Board of Supervisors, which fee shall be
deposited in the general funds of the Township, the purpose of said
permit fee being to cover the cost of processing the application,
inspection of the site and periodic inspection of the landfill to
ascertain compliance with the terms of this article.
The operator of a permitted landfill shall, at all times, permit
the Board or its designated agent or agents, to enter upon the landfill
site for the purpose of inspection and said Board or its authorized
agent or agents shall have full power to take photographs and to perform
any excavation deemed necessary for a proper inspection of the premises.
In the event that an inspection shall show that there is any
leeching into adjoining streams, ponds, lakes or watercourses, or
that the landfill emits smoke or odors obnoxious or injurious to the
peaceable residents of the Township, the permit may be suspended or
revoked by the Board until such time as the operator of the landfill
shall demonstrate to the Board that the conditions described in this
section have been satisfactorily corrected.
A permit may be renewed upon payment of the permit fee specified in § 247-7 herein if the applicant demonstrates to the Board compliance with the terms and provisions of this article.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person, firm or corporation found to be in violation of
any of the provisions of this article shall pay a fine of not more
than $600. Any police officer or other person specifically authorized
by the Board of Supervisors of Fairview Township shall determine in
each instance whether a violation has occurred under this chapter.
Upon determination that a violation has occurred, the police officer
or other authorized person designated by the Board of Supervisors
shall impose a fine upon the violator and shall give the violator
written notice by United States mail or in person of the violation
and the imposition of the fine. If the violator fails to pay the fine
within the time specified in the notice of violation, the police officer
or other authorized person may institute a civil enforcement proceeding
on behalf of the Township and any person found to be in violation
shall pay the fine as set forth above plus all court costs and reasonable
attorney's fees incurred by the Township in the civil enforcement
proceeding. Each day's continuance of a violation shall constitute
a separate offense.
In addition to the penalties provided in § 247-11, the Supervisors of the Township of Fairview shall have the power, in default of removal of said prejudicial thing by the owner or occupier of such property or vacant land, after proper notice as aforesaid, to cause said work to be done and collect the cost thereof from said owner or occupier of said property or vacant land.
[Adopted 12-4-2006 by Ord. No. 2006-4 (Ch. 20, Part 2, of
the 1991 Code of Ordinances)]
This article shall be known as the "Collection and Disposal
of Solid Waste and Recycling."
For the purpose of this article, the following terms, phrases
or words shall have the meanings ascribed to them in this section,
except where the context in which the word is used indicates otherwise:
The light-in-weight ductile and malleable metallic substance
or element commonly known as "aluminum" and shall include all aluminum
food and beverage cans. It shall exclude aluminum foil.
Residue from burning of wood, coal, coke or other combustible
material.
Food or beverage containers consisting of ferrous sides and
bottom and an aluminum top.
That individual, partnership, firm, corporation or other
business entity designated by the Township of Fairview by means of
an independent contract, as the person having the exclusive right
and privilege to collect, haul, carry, remove or dispose of all solid
waste and recyclable material within the Township, but shall not be
construed as meaning that said contractor is an employee, official
or representative of the Township of Fairview.
[Amended 8-20-2015 by Ord. No. 2015-5]
The use of premises other than as a dwelling.
Events sponsored in whole or in part by Fairview Township,
or conducted within Fairview Township, whether sponsored publicly
or privately, which may include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events that will be attended
by 200 or more individuals per day.
[Added 12-3-2012 by Ord. No. 2012-6]
Paper or pasteboard contracted into parallel grooves and
ridges, commonly referred to as "cardboard" that is used for wrapping,
packing, shipping and/or storage.
Garbage, ashes, refuse, rubbish, trash and other nonsewage
or nonwastewater waste materials normally generated in domestic family
living, but shall exclude hazardous waste and yard waste.
A building used for residential purposes, except hotels,
apartments with more than six dwelling units, tourist cabins, motels
and trailers in trailer parks.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities arranged for occupancy by one person, two
or more persons living together, or one family.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods.
All empty bottles and jars made of clear, green or amber
glass, except noncontainer glass, plate glass, blue glass, porcelain
and ceramic products, light bulbs and fluorescent tubes.
Those facilities that house or serve groups of people, such
as hospitals, schools and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals, excluding all other paper products
of any nature whatsoever.
Any property having six or more dwelling units per structure,
or mobile home parks.
Any public facility operated by Township or other governmental
or quasi-governmental authority.
Paper of the type commonly referred to as "newspaper" and
distributed at fixed intervals, having printed thereon news and other
matters of public interest, including glossy advertising inserts included
with newspapers.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
A class of synthetic organic compounds capable of being molded,
extruded, cast, or otherwise fabricated into various shapes. It shall
include high-density polyethylene (HDPE) and polyethylene terephthalate
(PET). It shall exclude low-density polyethylene (LDPE), polypropylene
(PP) and polyvinyl chloride (PVC).
Those materials specified by Township to be recycled.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste or
the mechanized separation and treatment of municipal wastes (other
than through combustion) and creators and recovery of reusable materials
other than fuel for the operation of energy.
All putrescible and nonputrescible solid wastes (excluding
body wastes), including garbage, rubbish, ashes, solid industrial
waste, dead animals and street cleanings.[1]
Garbage, trash, ashes, refuse and other discarded solid materials
but does not include used lead acid batteries.
The Township of Fairview, York County, Pennsylvania, and
the Board of Supervisors of the Township of Fairview.
Includes tree trimmings, shrubbery, brush, and any other
organic landscape vegetation.
The York County Solid Waste and Refuse Authority.
[1]
Editor’s Note: The former definition of “rubbish,”
which immediately followed this definition, was repealed 5-21-2018
by Ord. No. 2018-1.
The collector or collectors shall be designated by the Township
in accordance with the terms and conditions in a contract approved
by the Board of Supervisors.
A.
All domestic solid waste generated in or at a dwelling shall be collected, hauled, transported, removed and disposed of by the Township through the collector, and the cost of such service shall be paid for as provided in § 247-22 hereinbelow.
B.
It shall be unlawful for any owner or occupant of a residential dwelling
or a dwelling unit of a dwelling to dispose of domestic solid waste
except by the methods prescribed by this article.
B.
Containers.
(1)
All domestic solid waste shall, when possible, be placed in containers.
(2)
Refuse containers for dwellings and dwelling units shall be not more
than 32 gallons in capacity and shall be of such size as can be handled
easily by one person.
(3)
The maximum weight of a filled container shall not exceed 40 pounds.
(4)
Containers containing domestic solid waste shall be covered with
a lid that fits securely and prevents access to flies and other insects.
(5)
All containers shall be kept in a sanitary condition and shall be
kept in good condition. Any container that does not conform with this
article, or that is likely to injure the collector or his employees,
or hampers the prompt collection of refuse, shall be replaced upon
notice. Failure to replace said defective containers may result in
the stoppage of service until such time as the container is replaced.
(6)
Disposable plastic bags shall be accepted but shall be protected
against animal damage and overloading to prevent littering or attracting
of vectors, have a holding strength capable of withstanding stresses
until they are collected, and shall be securely closed prior to setting
out for collection.
(7)
All containers shall be placed for collection behind the curb or
where there is no curb next to but off the paved portion of edge of
the roadway.
(9)
Within 24 hours following collection by the contractor, containers
shall be removed from the edge of curb or roadway and placed within
or adjacent to the dwelling unit.
A.
Separation and disposal of recyclable materials from residential
dwellings. Recyclable materials for residential dwellings are aluminum
cans, steel cans, bimetal cans, clear glass, amber glass, green glass,
newsprint, plastic (PET and HDPE) containers, magazines and corrugated
paper. Recyclable materials from residential dwellings shall be placed
at the same location, but separate from solid waste for curbside recycling
collection. Recyclable materials for residential dwellings shall be
prepared for collection as follows:
[Amended 12-3-2012 by Ord. No. 2012-6]
(1)
Glass shall have caps and lids removed and be rinsed free of particles
and contaminates.
(2)
Glass, aluminum and bimetal containers, and plastic (PET and HDPE)
containers shall be rinsed free of particles and contaminates.
(3)
Glass, aluminum and bimetal containers shall be placed in a receptacle
to be provided by the Township. No solid waste shall be placed in
the container used to store the aforesaid recyclable materials.
(4)
Recyclable materials shall be placed a minimum of six feet from nonrecyclable
trash and garbage.
(5)
Newsprint, magazines, telephone books, and corrugated paper shall
be separated, bundled and tied and not exceed 40 pounds in weight
or shall be placed in paper bags.
(6)
Yard waste, as defined, shall be collected by the Township as determined
by contract. Yard waste shall be placed in the container provided
by the Township, and any additional yard waste prepared for disposal
as established by contract. No solid waste shall be placed in the
container used to store the aforesaid yard waste.
B.
Separation and disposal of recyclable materials by multifamily housing
properties. The owner, landlord, or agent of any owner or landlord
of multifamily housing properties whose solid waste is not collected
by or on behalf of the Township shall establish a collection system
for recyclable materials at each structure. Recyclable materials for
multifamily housing properties are aluminum cans, steel cans, bimetal
cans, clear glass, amber glass, green glass, newsprint, plastic (PET
and HDPE) containers, magazines and corrugated paper. The collection
system must include suitable containers for collecting and sorting
materials, easily accessible locations for the containers, and written
instruction to occupants concerning the use and availability of the
collection systems. Owners, landlords, and agents who fall within
this section and comply herewith with this section shall not be liable
for noncompliance of occupants of their buildings.
[Amended 12-3-2012 by Ord. No. 2012-6]
C.
Separation and disposal of recyclable materials by commercial, institutional
and municipal establishments. Commercial, institutional and municipal
establishments shall separate and store recyclable materials until
collection at a recycling center. Recyclable materials for commercial,
institutional and municipal establishments are aluminum cans, steel
cans, bimetal cans, clear glass, amber glass, green glass, newsprint,
plastic (PET and HDPE) containers, office paper, magazines and corrugated
paper. Commercial, institutional and municipal establishments shall
arrange for the transfer of recyclable materials to a recycling center,
and if that center is separate from that used by or on behalf of the
Township for residential dwellings, the establishments shall annually
provide to the Township evidence of such arrangement and written documentation
of the type and weight of the material recycled.
[Amended 12-3-2012 by Ord. No. 2012-6]
D.
Separation and disposal of recyclable materials at community activities.
The event sponsor of any community activity shall cause all recyclable
materials to be separated for collection at any community activity.
Sponsors shall be responsible to arrange for the separation and collection
of the recyclable materials by the Township Collector. The amount
of material recycled during the community activity shall be reported
to Fairview Township within 48 hours of the end of the event.
[Added 12-3-2012 by Ord. No. 2012-6[1]]
E.
Separation and disposal of yard waste.
(1)
Leaf waste. All persons who reside in residential dwellings and all
persons responsible for the management or operation of multifamily
housing properties, commercial, municipal and institutional establishments
who gather leaf waste shall separate all leaf waste from other solid
waste and place such leaf waste for collection at the curb in loose
piles. This section shall not require any person to gather leaf waste
or prevent any person from utilizing leaf waste for compost, mulch,
or other agricultural, horticultural, gardening or landscape purposes.
(2)
Tree trimmings, hedge clippings and similar rubbish shall be placed
in a container provided for such material or cut in lengths not exceeding
four feet and shall be securely tied in bundles and shall not exceed
40 pounds in weight before being deposited for collection.
A.
Collection practices.
(1)
Domestic solid waste and recyclables shall be collected from dwelling
and dwelling units at least once a week, provided that the Township
may require collection to be made twice a week at such times when
the Township may deem it necessary.
(2)
All vehicles used in the collection and disposal of garbage and refuse
and recyclables in Fairview Township shall be of metal, securely covered,
watertight and strongly built, kept thoroughly cleansed and well painted
and lettered in accordance with Pennsylvania Act 101.[1] All equipment utilized shall conform to the laws of Pennsylvania,
Rules and Regulations of the Department of Environmental Protection,
and the York County Solid Waste and Refuse Authority. All handling
of garbage and refuse and recyclables on the premises from which collected,
and in its transportation, shall be done in such a way that no spilling,
leaking or strewing shall occur either on such premises or on the
streets and roads of the Township. However, in the case of an emergency
so deemed by the Board of Supervisors of Fairview Township, open trucks
may be used.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(3)
The collector will not be required to collect the refuse in excess
of that contained in the number of containers and/or bundles of the
authorized size or any combination of bundles or containers as specified
in the contract entered into by the Board of Supervisors with the
collector unless an additional charge has been agreed upon. The number
of containers and/or bundles required to be collected may be changed
from time to time by the contract entered into by the Board of Supervisors
with the collector.
(4)
The collection practices of the collector and any other person removing
refuse and recyclables from the Township by special permit of the
Township shall conform to all applicable rules and regulations of
the Commonwealth of Pennsylvania, the Township, and any contract or
contracts between the parties.
(5)
Special refuse problems.
(a)
Removal of wearing apparel, bedding or other refuse from homes
or other places where highly inflammable or contagious diseases have
prevailed shall be performed under the supervision and direction of
the Health Officer of the Township or the Township Manager or his
designee. Such refuse shall not be placed in containers for regular
collections.
(b)
Highly inflammable or explosive materials shall not be placed
in containers but shall be disposed of as directed by the Township
at the expense of the owner or possessor thereof.
(c)
A license may be issued by the Township only if the Department
of Environmental Protection grants permission to said applicant to
dispose of ashes, garbage, refuse or rubbish on his land. Said permission
must be evidenced in writing satisfactory to the Township and filed
with the Township. The obtaining of this written permission and filing
same with the Township is a condition precedent to having the Township
consider whether it will grant a license pursuant to the aforesaid
section. No application will be accepted by Fairview Township until
such time as the applicant has said written permission from the Department
of Environmental Protection. The issuance of a license is discretionary
with the Township and, should it determine to issue a license, it
may impose any conditions it deems reasonable for the health, safety
and welfare of Fairview Township.
(d)
No abatement of fees for collection shall be allowed for vacancy
of dwelling unit except where such vacancy shall have been continued
for a period of not less than 90 days and where notice shall have
been given by the owner of such dwelling unit in advance in writing
to Fairview Township that such dwelling unit will be vacant.
B.
Disposal practices.
(1)
The collector shall use a landfill or incinerator duly licensed and
approved by the Commonwealth of Pennsylvania, and owned by or operated
on behalf of the York County Solid Waste and Refuse Authority for
the disposal of all domestic solid waste. In the event that the Township
provides or makes available a disposal plant or dumping area, including
provision thereof through agreement with other municipalities, the
collector shall use such disposal facilities.
(2)
The collector will collect and transport yard waste, excluding grass
clippings, dirt, stones, produce, domestic solid waste, to the Township's
yard waste facility in accordance with the terms and conditions of
a contract approved by the Board of Supervisors.
(3)
The collector will collect and transport recyclables in accordance
with the terms and conditions of a contract approved by the Board
of Supervisors.
(4)
The marketing of recyclables shall be in accordance with Act 101.
No recyclables may be disposed of at a disposal facility unless approved
by the Board of Supervisors.
From the time that recyclable material is placed to the curbline
or at a recycling center it becomes the property of the Township.
No person shall collect or pick up or cause to be collected or picked
up any recyclable material within the Township or dispose of the same
in any manner or place without obtaining annually a license from the
Township in accordance with the provisions of this article. Each such
collection or pickup in violation hereof shall constitute a separate
and distinct offense punishable as hereinafter provided.
A.
No person shall dump, bring, deposit or otherwise dispose of domestic
solid waste within the jurisdictional limits of the Township of Fairview,
except for collection as herein provided or except under express authorization
of the Board of Supervisors.
B.
No person shall place or cause to be placed any refuse or recyclables
upon any street, alley or other public place, or upon any private
property, whether owned by such person or not, except it be in proper
receptacles for collection, properly bundled as herein provided for
collection, or under an express license issued by the Township.
C.
No person shall deposit refuse, recyclables, or yard waste in any
stream or any other body of water.
D.
No person shall maliciously spill or scatter the contents of any
refuse, recycling, or yard waste container or damage or destroy any
such container.
E.
No person, except the occupant of the premises on which the refuse
container is placed or an authorized collector, shall remove the lids
of the containers and/or remove the contents thereof.
[Amended 8-20-2015 by Ord. No. 2015-5]
A.
Fairview Township reserves the right to enter into a collection contract
with a collector for collection of all or part of the solid waste
and recyclable material generated within the Township of Fairview
through a public bidding process.
B.
The collector is hereby authorized to charge a fee and shall be required
to perform billing for the fee charged for solid waste and recycling,
collection, transportation and disposal services. Billing of the fee
charged, levied and assessed shall be in accordance with rate set
forth in the contract between the collector and Fairview Township.
All fees and charges which remain unpaid after the invoice due date
shall be deemed delinquent. The billing of fees and charges shall
be sent directly to the property owner or occupant and the property
owner or occupant will be responsible for payment of the fee and charges.
The quarterly fee and charges shall be charged for each residential,
light commercial, or heavy commercial unit.
C.
The fee will be billed quarterly by the contractor and will be due
and payable 30 days after the invoice billing date. The billing shall
be sent 30 days prior to the start of the quarter that the service
will be rendered. If any fees or charges imposed by this ordinance
are not paid by the due date, there will be a penalty added of $10
per quarter.
D.
If the owner or occupant of a residential, light commercial, or heavy
commercial unit shall fail to pay any charges or fees after the invoice
becomes delinquent, the Township Solicitor, the Township Manager or
collector is authorized to file a civil lawsuit for the collection
of charges, penalties, interest and costs of collection, including
reasonable attorney's fees. Upon the filing of a civil lawsuit,
a penalty of $50 shall be added to all delinquent accounts.
E.
All delinquent accounts are subject to stoppage of service without
notice. Following stoppage of service, service will be resumed thereafter
only upon payment of past due fees for such account plus any penalties
imposed hereunder. The stoppage of service provided for herein shall
be in addition to the right of the Township or collector to proceed
with the collection of unpaid fees by action in assumpsit, municipal
lien or, at the election of the Township, in any other manner provided
for by law for the collection of municipal claims and/or liens.
The Township Manager or his designee is authorized and directed
to enforce this article. The Township Manager shall have authority
to make rules and regulations relating to the administration of the
provisions of this article, in addition to any other powers herein
conferred upon him, provided such rules and regulations are not contrary
to the provisions of this article. An aggrieved person shall have
the right of appeal against any rule or regulation made by the Township
Manager to the Board of Supervisors who may confirm, modify, or revoke
any such rule or regulation.
Any person, firm or corporation found to be in violation of
the terms of this article shall pay a fine of not more than $1,000.
Any police officer or other person specifically authorized by the
Board of Supervisors of Fairview Township shall determine in each
instance whether a violation has occurred under this article. Upon
determination that a violation has occurred, the officer or other
person designated by the Board of Supervisors shall impose a fine
upon the violator and shall give the violator written notice by United
States mail or in person of the violation and the imposition of the
fine. If the violator fails to pay the fine within the time specified
in the notice of the violation, the police officer or other authorized
person may institute a civil enforcement proceeding on behalf of the
Township, and any person found to be in violation shall pay the fine
as set forth above plus all court costs and reasonable attorney's
fees incurred by the Township in the civil enforcement proceeding.
Each day during which the violation continues shall constitute a separate
offense.
