[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 9-2-2014 by Ord. No.
3-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Person that owns, rents, occupies, or controls the property
containing or proposed to contain a temporary portable storage unit
or roll-off dumpster and who obtains or is required to obtain a permit
under this chapter with the Borough Zoning Office.
Any natural person, firm, partnership, corporation, association
or similar entity.
A metal storage receptacle used primarily for the temporary
storage or deposit of waste materials, including debris, trash or
construction, renovation or demolition waste and which is transportable
such as to be delivered by, rolled off of, and picked up by a carrying
vehicle that allows for the disposal and removal of its contents to
a dump site. The term does not include dumpsters which are permanently
placed for the collection of normal household trash, such as at commercial
locations or apartment complexes.
Any mobile container, storage unit, shed-like container or
other portable structure that is not permanently affixed to the land,
is designed for temporary short-term storage, is not intended for
human habitation, that can be or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building, other than an accessory building or shed complying
with all building codes and land use requirements.
It shall be a violation of this chapter for any person or anyone
acting as his agent or on his behalf to place or permit the placement
of a temporary portable storage unit (hereinafter "unit") or roll-off
dumpster (hereinafter "dumpster") on any street or property which
that person owns, rents, occupies or controls without complying with
the standards of this chapter:
A.
Permit process. No person shall place upon, cause to be placed upon,
or permit to remain on a street or property located in the Borough
a unit or dumpster without first obtaining a permit from the Zoning
Officer. A permit application must be accompanied by a nonrefundable
fee of $25, which fee that may be amended from time to time by resolution
of the Borough Council. A permit application shall contain the following:
(1)
Name of the applicant(s);
(2)
Telephone number of applicant(s);
(3)
Applicant's relationship to the property (owner, renter, occupier,
or controller);
(4)
Address of the property;
(5)
Proposed delivery and removal dates of the unit or dumpster;
(6)
Any related building permit numbers;
(7)
A sketch of the proposed location or placement for the unit or dumpster;
and
(8)
The name, address and telephone number of the company who owns the
unit or dumpster.
B.
Permit issuance. The Zoning Officer shall only issue a permit if the application and proposed unit or dumpster satisfy the requirements of this chapter. The Zoning Officer shall approve or reject the permit application within five working days of the date of application. The effective date of the permit shall be the date it is issued by the Zoning Officer. No property located in the Borough shall be permitted to obtain more than three unit or dumpster permits in any calendar year. Unless an extension is granted under Subsection C, at least 30 days shall elapse between the grant of a subsequent permit. The permit shall be placed in plain view on the property containing the unit or dumpster.
C.
Permit extension. A permittee may make a written request for the
extension of a permit for a unit or dumpster. The Zoning Officer shall
be authorized to grant one extension of the permit for a period equal
to that of the original permit, upon reaching the conclusion that
the permittee is not in violation of this chapter or any other applicable
Borough ordinance. Any future extensions of any length or condition
must be approved by the Borough Council, acting in its sole discretion
and power. In the event of a fire or natural disaster, the Zoning
Officer shall be authorized to grant a reasonable extension of not
more than 30 days upon written application of an existing permittee.
D.
Duration. A unit permit shall be valid for 21 days. A dumpster permit shall be valid for 30 days, except as provided in Subsection I below.
E.
Number. No more than one unit shall be located on a property at a
time. No more than two dumpsters shall be located on a property at
a time.
F.
Location. A permit granted under this chapter shall limit placement
of a unit or dumpster to a single specified location that is identified
in the permit. A unit or dumpster shall be located on a property or
a street in accordance with the following criteria:
(1)
A unit or dumpster shall not be placed closer than 10 feet from a
property line unless placed on an existing impervious driveway.
(2)
No unit or dumpster may be placed so as to impede a parking area,
loading area, aisle, driveway or cartway.
(3)
If a unit or dumpster is placed on a street, the permittee shall
place the unit upon a wood pad that is approximately 3/4 inch thick,
so as to prevent damage to the road surface.
(4)
The unit or dumpster shall be placed in the first available location
in the following order of priority: rear driveway (furthest point
accessible from the street), rear yard, front/side driveway, side
yard, front yard, street.
(5)
No unit or dumpster shall be placed on or over any curb or sidewalk.
(7)
The location of the unit or dumpster shall not impede clear sight
lines.
(8)
The placement of the unit or dumpster shall not damage any portion
of the public street, including the berm or shoulder.
(9)
No unit or dumpster shall be located in a floodplain.
(10)
If the Zoning Officer determines that the street is the most
appropriate placement, the Spring Grove Borough Public Works Department
shall review and approve the street placement prior to the issuance
of the permit.
G.
Size. A unit or dumpster shall not exceed eight feet six inches in
height, 10 feet in width, or 20 feet in length.
H.
Contents. The contents of a unit or dumpster shall comply with the
following criteria:
(1)
No unit or dumpster shall contain any illegal or hazardous material,
solid waste, or recyclable materials;
(2)
A dumpster must be emptied within three days of being filled to capacity;
(3)
No unit shall contain construction, renovation, or demolition debris;
and
(4)
No unit or dumpster shall cause any foul, noxious or offensive odor
to be emitted.
I.
Construction, renovation, and demolition exception. Notwithstanding the provisions of Subsection D, a dumpster shall be permitted for the period that a valid building permit is issued for any construction, reconstruction, alteration, renovation or demolition of a structure on a property located in the Borough, upon compliance with all other provisions of this chapter. A valid building permit shall be submitted with the permit application. The Borough shall not issue an occupancy permit until all units or dumpsters are removed from the property.
J.
Responsibility. It shall remain the permittee's obligation to ensure
that a unit or dumpster is secured such that it does not endanger
the safety of persons or property in the vicinity. The permittee shall
maintain the unit or dumpster in good condition, free from deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing, holes
and breaks at all times. Permittee is responsible to ensure the presence
of reflective materials or illuminating marks on a minimum of four
sides of the unit or dumpster. In addition to compliance with this
chapter, permittee shall comply with all other federal, state or local
statutes, rules and regulations applicable thereto.
K.
Revocation and removal. All units or dumpsters shall be removed upon
expiration of the permit. Any approved permit may be revoked by reason
of the permittee's false statement or omission. The Zoning Officer
can revoke any permit and/or, without notice, immediately remove the
unit or dumpster if the permittee violates this chapter; if the dumpster
becomes a safety hazard; or if the unit or dumpster is not removed
from the property prior to the expiration of the permit. The cost
of removal by the Borough shall be assessed against the property on
which the unit or dumpster is located and filed as a lien by the Borough.
Such lien shall be superior in priority to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in priority to the lien of ad valorem taxes. The Borough may
further recover such costs through an action before the Magisterial
District Judge. In addition to the powers granted by this chapter,
the Borough may take such actions as are authorized by the Borough
Code upon the determination that a violation of the Borough Code has
occurred.
L.
Emergency. In the event of high winds, weather conditions, natural
disaster or other emergency in which a unit or dumpster may become
a physical danger to persons or property, the appropriate Borough
official or law enforcement officers may require the immediate removal
of such unit or dumpster.
M.
Liability and indemnity. A person applying for a permit to place
a unit or dumpster on a street 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 unit or dumpster
as well as a signed indemnity agreement. The indemnity agreement shall
promise to indemnify, save harmless and defend the Borough, its officials,
agents, servants and employees of each of them against and hold it
and them harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, including court costs and reasonable attorneys'
fees for or on account of any injury or any damages to any property
which may arise or may be alleged to have arisen out of or in connection
with the placement or utilization of the unit or dumpster.
N.
Preemption. Notwithstanding any of the provisions of this chapter,
if the Commonwealth of Pennsylvania at any time has or places restrictions
on roads over which it has jurisdiction that are more restrictive
than the requirements of this chapter, then those restrictions shall
supersede those of this chapter. If the Commonwealth of Pennsylvania
notifies a permittee that he is in violation of commonwealth standard,
then such violation shall automatically rescind and void any permits
issued under this chapter.
Any person, firm or corporation who shall violate any provisions
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
