[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.
