Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 464, passed 5-12-2011]
As used in this chapter, the following terms shall have the meaning ascribed to them herein:
(a) 
CONSTRUCTION DEBRIS — Conventional building materials waste resulting from building construction, remodeling, repair and/or demolition operations, such as lumber, drywall and flooring.
(b) 
DUMPSTER — Any covered, wheeled or otherwise movable receptacle utilized for the storage and/or collection of refuse, trash, debris or other solid waste materials.
(c) 
OPEN-TOP CONTAINERS — Any uncovered receptacle utilized for the storage and/or collection of refuse, trash, debris or other solid waste materials.
(d) 
COMPACTION CONTAINER — Any receptacle designed or utilized for the purpose of crushing, compressing, storage and/or collection of refuse, trash, debris or other solid waste materials.
(e) 
PORTABLE OUTDOOR STORAGE FACILITY (POD) — A portable device or container intended for the storage of personal property.
(f) 
HAZARDOUS MATERIAL — Material which is hazardous, volatile, highly inflammable, radioactive, or otherwise dangerous, including asbestos fibers, infectious waste, all petroleum-based distillates, liquids, gasses and suspensions, alcohol-based liquids and any other material which, under any Federal, State or Township law must be disposed of in any manner other than by being placed in a sanitary landfill.
(g) 
CONTAINER — The types of receptacle defined in definitions (b) through (e) of this section, excluding containers used in conjunction with utility construction.
(h) 
PERMIT — A permit issued by the Code Enforcement Officer authorizing the temporary placement of a dumpster, portable outdoor storage facility or container in or upon a street or public grounds or upon private property.
[Ord. No. 464, passed 5-12-2011]
This chapter shall be applicable to and shall be enforced upon the use of any container as described in Section 1061.01.
[Ord. No. 464, passed 5-12-2011]
It shall be illegal for any person to place one or more containers upon any street or public grounds or upon private property without first having obtained a permit.
[Ord. No. 464, passed 5-12-2011]
Every person, firm or corporation desiring to utilize any 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 Code Department. 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 Code Department may require.
The owner of property on which a container is located on the date of this chapter which would require a permit by the provisions of this chapter shall apply for a permit within 60 days from the date of this chapter and shall thereafter be bound by the provisions of this chapter.
No permit shall be required as follows:
(a) 
On private or public property where a container is required as a regular part of the use of the property.
(b) 
On private or public property where an active and valid building permit has been issued for said property.
(c) 
On private property on which is located an apartment house or multi-family dwelling.
(d) 
On property operated as a religious or educational use.
[Ord. No. 464, passed 5-12-2011]
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. There shall be a maximum of two renewal permits issued. Upper Providence Township Council, by Resolution, shall establish the permit fee and renewal fee.
[Ord. No. 464, passed 5-12-2011]
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.
[Ord. No. 464, passed 5-12-2011]
(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, 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 Providence 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 Code Department. The permit holder is responsible for the cleanup of any area where the container is located.
(g) 
Every applicant for a permit to place one or more containers upon a street or public grounds shall be responsible for repairing any damage caused by the applicants use of the street or public grounds for such purpose.
(h) 
Every permit holder shall allow access to private property by the Code Enforcement Officer during reasonable hours of the day to verify compliance with the applicable provisions of this chapter.
(i) 
Only one container may be placed on any property at one time unless the Code Enforcement Officer shall determine there is good cause for permitting more than one at a time.
(j) 
All containers shall be in a condition free from rust, peeling paint and other forms of deterioration.
(k) 
The container must not contain any excessive advertising beyond the identification of the company name and phone number of the company which placed the container on the property.
(l) 
The use of a container shall not be for the storage of any commercial or business related items. The use of a portable outdoor storage facility must be for temporary relocation of items from or for the premises the permit indicates only. No household items from any locations other than the premises indicated on the permit (the premises on which the portable outdoor storage facility is located) can be stored in said facility. A portable outdoor storage facility is not a shed and shall not be used as a shed.
(m) 
Hazardous materials including flammable and biohazard substances shall not be stored in any container.
(n) 
No trash or debris shall be stored in any portable outdoor storage facility.
(o) 
No container shall exceed 40 cubic yards in area.
[Ord. No. 464, passed 5-12-2011]
Containers shall not be placed closer than 30 feet from any intersection or upon any one-way street, or within 15 feet of any fire hydrant.
[Ord. No. 464, passed 5-12-2011]
In the event of any emergency any container may be removed by the Police Department, Highway Department or Code Enforcement Department.
[Ord. No. 464, passed 5-12-2011]
Violation of any terms and conditions of this chapter by the applicant, his or her 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 in Section 1061.11.
[Ord. No. 464, passed 5-12-2011]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the fines and penalties as set forth in Section 202.99.