[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 10-21-2014 by Ord. No. 857. Amendments noted where applicable.]
As used in this chapter the following words and terms shall have the meaning indicated:
- The Borough of Baldwin.
- BULK CONTAINERS
- A portable container designed to assist with moving and/or storage of household or commercial goods and materials, including, but not limited to, portable on-demand storage devices ("PODS") and similar containers, designed for the collection of large amounts of garbage and/or refuse, including, but not limited to, dumpsters and bagsters, or designed for the collection of yard waste and debris. Containers, including dumpsters, used by commercial and multi-family properties for regular storage of refuse and garbage in connection with normal business activities shall not be considered bulk containers under this article.
- Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignor, or any other legal entity.
Bulk containers shall be used only in connection with maintenance, construction and/or moving/relocation activities taking place on the property upon which the bulk container is placed. It shall be unlawful and a violation of this chapter for any person.
To cause or permit a bulk container to be placed on public property, including, but not limited to, roads or streets within the Borough;
To cause or permit a bulk container to be placed in the Borough right-of-way;
To cause or permit a bulk container to be placed in such a location as to block visibility or access to a public street;
To cause or permit a bulk container to be placed in such a location as to block access to a public sidewalk; or
To cause or permit a bulk container to be placed less than six feet from a curb of a street.
The Zoning Officer may grant exceptions to the above for properties that are physically unable to comply with the regulations.
Bulk containers shall not have any electrical wiring, lighting or heating elements.
No advertising shall be permitted on a bulk container except for the identity of the manufacturer of the bulk container.
No bulk container shall be used within the Borough without a permit. Any person seeking to use a bulk container shall apply for a permit from the Borough using a form to be hereafter prescribed, identifying the purpose, placement and proposed location of the bulk container. The permit shall be valid for 45 days. There shall be no application fee to obtain a bulk container permit. Upon written request to the Zoning Officer, the permit may be extended for an additional 30 days. No bulk container shall be permitted on a property in excess of 150 days within any twelve-month period. However, upon written request, and with approval of Borough Council, the 150 days may be exceeded in the event of an emergency and/or necessary situation.
An application for use of a bulk container within the Borough shall be reviewed by the Zoning Officer or his designee for approval. The Zoning Officer shall have the right to deny an application if it is deemed that the placement of the bulk container is contrary to the health, safety and public welfare of the Borough. A denial of the application by the Zoning Officer may be appealed by the applicant to the Borough Manager.
The continued validity of any bulk container permit issued under this chapter shall be contingent upon full compliance with the regulations and requirements set forth in this chapter and any other applicable rules adopted by the Borough.
Any person utilizing a bulk container shall be responsible to insure that the area in and around the bulk container remains free of all litter and debris.
Any person utilizing a bulk container shall insure that the bulk container remains in a neat and clean condition and is secure and safe at all times.
The location and utilization of the bulk container shall be in compliance with all federal, state and local laws, rules and regulations applicable thereto.
Any Person who violates this chapter shall be subject to a fine not to exceed $600 per occurrence. Each day that a violation of this chapter continues shall constitute a separate offense.