[Added 10-12-2022 by Ord. No. 2022:11]
A. Definitions. For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
PORTABLE STORAGE UNIT
Any container designed for the outdoor storage of personal
property, including a POD or similar storage container, which is typically
rented to owners or occupants of property for their temporary use
and which is delivered and removed by vehicle.
SITE or PROPERTY
A piece, parcel, tract, or plot of land occupied or that
may be occupied, by one or more buildings or uses and their accessory
buildings and accessory uses which is generally considered to be one
unified parcel.
USER
The owner or occupant of property entering into an agreement
with a portable storage unit company or other person or entity for
the placement of a portable storage unit on a site located in the
Borough of Somerdale.
B. Placement.
(1)
No portable storage unit shall be placed or maintained by any
private person or entity in or on any Somerdale Borough property,
street or right-of-way without a valid permit issued by the Nuisance/Property
Maintenance Officer in accordance with the requirements of this chapter
of the Somerdale Borough Code applicable to roll-off containers and
dumpsters.
(2)
No portable storage unit shall be placed or maintained on any
private property unless it complies with one or more of the following
provisions:
(a)
Such containers may be placed or maintained on a driveway or
other suitably paved area at the furthest accessible point from the
street for purposes of packing or unpacking goods and materials of
the owner or occupant of the property in preparation for or subsequent
to moving into or out of the property for a period of not more than
30 consecutive days.
(3)
Such containers may be placed or maintained on a driveway or
other suitably paved area at the furthest accessible point from the
street for purposes of storing the personal property of the owner
or occupant of the property when necessary during renovation or rehabilitation
of the structure located on the property in which the personal property
would otherwise be located during the period of renovation or rehabilitation,
but in no event more than a total of 30 consecutive days.
C. Permits required. Prior to the placement of a portable storage unit
on any private property (not covered by a duly approved site plan),
the owner of the property using the portable storage unit or the person
contracting for the use of such portable storage unit shall apply
for and receive a permit from the Borough in accordance with the requirements
and standards set forth herein.
(1)
Application for a permit shall be made to the Somerdale Code
Enforcement Officer on a form provided by the Borough of Somerdale.
The application shall require, among other things, the full name,
address and other contact information for the owner of the portable
storage unit, the owner of the property with which the use of the
portable storage unit is associated, and the person contracting for
the use of the portable storage unit (if such person is not the owner
of the property for which the portable storage unit is to be used).
Every application for a permit shall be accompanied by a permit fee
as per the Borough Fee Schedule.
(2)
Any portable storage unit placed on private property shall be
placed on a suitable base to assure stability. If, in the opinion
of the Somerdale Police Department or the Somerdale Code Enforcement
Officer, the location is sufficiently close to a vehicular intersection
or pedestrian path, the permit may require that the unit be equipped
with appropriate reflectors or other safety markings so that the unit
will not constitute a hazard to traffic or pedestrians. The specific
number, location and type of markings shall be determined by the Somerdale
Borough Code Enforcement Officer and noted on the permit at the time
of its issuance or at any time thereafter.
(3)
Any permit issued for placement of a portable storage unit on
private property shall be valid for a period of 30 days.
(4)
Upon a showing of continued need for the portable storage unit
(such as during the course of major construction projects), the Somerdale
Code Enforcement Officer may renew a permit for up to two additional
periods, not to exceed 30 days each, upon the filing of an application
for renewal and payment of a fee as per the Borough Fee Schedule for
each renewal.
(5)
An application for an additional extension beyond the time periods specified in Subsection
C(4) may be made to the Somerdale Code Enforcement or his designee on a form provided by the Borough of Somerdale. The application shall contain complete identifying information regarding the portable storage unit, the permit number, the time the portable storage unit has been at the site, and the reason for its use. The application for an additional extension shall be accompanied by a fee as per the Borough Fee Schedule.
(a)
The application shall be reviewed and a determination made as
to whether an additional extension should be granted, and the duration
of that extension, within five business days of the filing of a complete
application.
(b)
In considering the application, the Somerdale Code Enforcement
Officer or his designee shall consider the following:
[1] The length of time the portable storage unit has
been in place;
[2] The particular use of the portable storage unit;
[3] The reasonableness of the time required to complete
that purpose in light of all attendant circumstances;
[4] The location of the portable storage unit;
[5] The visual impact, nature of the neighborhood,
and similar issues;
[6] Whether noise, litter or other quality of life
issues have been associated with the use of the portable storage unit;
[7] Whether the delay in completing the work or project
for which the portable storage unit is necessary is beyond the reasonable
control of the owner of the property;
[8] The additional time reasonably necessary to complete
the work or project; and
[9] Such other factors deemed reasonable and appropriate
wider the circumstances.
D. General restrictions and requirements.
(1)
No more than one portable storage unit may be placed on any
property at one time and no more than one permit may be issued for
any property, including any renewals of said permit, during a twelve-month
period.
(2)
No hazardous material or organic waste shall be placed in a
portable storage unit.
(3)
No portable storage unit shall be used for the storage of construction
debris, business inventory, commercial goods, or any personal property
which is not owned by the owner or occupant of the property where
the unit is located. Upon reasonable notice to the permit holder,
the Somerdale Borough may inspect the contents of any portable storage
unit for compliance with this chapter.
(4)
The owner of the portable storage unit and the owner of the
site on which the unit is located shall be jointly responsible to
ensure that the portable storage unit is in good condition, free from
evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
(5)
A portable storage unit shall be no larger than 130 square feet
in area and no higher than 10 feet above grade.
E. Responsibility for compliance. The person contracting for the use
of a portable storage unit and the owner of the property associated
with its use shall be jointly responsible for compliance with the
provisions of this chapter. Copies of the penalty provisions of this
chapter shall be appended to the permit and shall be mailed with a
copy of the permit to the owner of the portable storage unit, the
property owner, and any other interested party.
F. Violations and penalties. It shall be unlawful for a portable storage
unit to remain on any property in excess of the time period set forth
in the permit issued by the Borough of Somerdale. Each day a portable
storage unit remains on a property in violation of the provisions
of this chapter shall be considered a separate violation subject to
the penalties. Any person who violates any provision of this article
shall, upon conviction thereof, be subject to any combination of the
following:
(1)
A fine of not less than $100 nor more than $1,000.
(2)
A term of imprisonment not exceeding 90 days.
(3)
A period of community service not exceeding 90 days.