As used in this article, the following terms shall have the
meaning indicated:
CARTWAY
That portion of the right-of-way designated for vehicular
use. This shall include both opened and unopened streets.
CONSTRUCTION WASTE DUMPSTER
A unit designed for the deposit of waste materials of building
construction, repair or demolition sites, commonly located on a temporary
basis on a public right-of-way abutting the site and transportable
to and from the site for purposes of disposal of its contents by means
of a carry vehicle.
GARBAGE
Putrefied animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
NONCONSTRUCTION WASTE DUMPSTER
A unit designed for the deposit of all types of rubbish materials,
excluding garbage, generated at sites other than building construction,
repair or demolition.
PERSONS
Any individual, firm or partnership, association or corporation.
PUBLIC RIGHT-OF-WAY
The width of a strip of land between property lines set aside
for public use or ownership as a street, alley, crosswalk, easement
or other facility.
RUBBISH
Nonputrefied solid waste consisting of both combustible and
noncombustible waste such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
items.
SIDEWALK
That portion of the sidewalk area which is paved for pedestrian
use.
SIDEWALK AREA
That area extending from the curbline to the property line
which is designated by the Borough for pedestrian use.
TREE LAWN
That portion of the tree lawn area which is grass- and/or
tree-lined.
TREE LAWN AREA
That area extending from the curbline to the sidewalk area
which is designated by the Borough for grass and/or trees.
Regulations applicable to the permit requirements for the placement
of construction or nonconstruction waste dumpsters upon a public right-of-way
are as follows:
A. It shall be unlawful for any person to place upon, cause to be placed
upon or permit to remain upon a public right-of-way a construction
or nonconstruction waste dumpster without first filing with the Code
Enforcement Officer and Secretary of the Borough of Larksville an
application, in writing, and obtaining a formal permit. The duration
of such permit shall be stated thereon, and a continued validity of
such permit shall be contingent upon full compliance with the regulations
set forth in this article.
B. An application for a permit shall be filed with the Code Enforcement
Officer and Secretary of the Borough of Larksville by the property
owner or a licensed contractor employed in their respective field
by the property owner in connection with the placement of a construction
or nonconstruction waste dumpster. An application must be signed by
the property owner and, in the case of a permit being issued to a
licensed contractor employed by the property owner, an application
permit must also be signed by the contractor.
C. All permits issued shall cover only the work set forth in the permit
application; however, in the event that it is necessary to replace
a construction or nonconstruction waste dumpster upon a public right-of-way
prior to the completion of said work, additional permits shall not
be required.
D. The placement of only one dumpster per job site upon a public right-of-way
shall be permitted any and one time.
E. No permit shall be issued by the Code Enforcement Officer in his
opinion, the location and placement of this construction or nonconstruction
waste dumpster will create a safety hazard to the use of the sidewalk
area, tree lawn area or cartway by pedestrians or vehicles.
F. Upon the issuance of a construction or nonconstruction dumpster permit
by the Code Enforcement Officer, the permit must be displayed in a
conspicuous place in front of the premises plainly visible to passersby
and kept there for the duration of the permit. The applicant is responsible
for the maintenance of this permit and, should it be destroyed or
removed, must immediately obtain another copy.
The fee to be paid for each construction or nonconstruction
waste dumpster permit issued by the Code Enforcement Officer shall
be determined by resolution of Larksville Borough Council.
A construction waste dumpster shall be permitted to be placed
upon a public right-of-way for the duration of a specific building
construction, repair or demolition project for which a building permit
was secured from the Code Enforcement Officer.
A nonconstruction waste dumpster shall be permitted to be placed
upon a public right-of-way for a maximum of five consecutive days.
The Code Enforcement Officer and Secretary of the Borough of Larksville
shall have the discretion to approve a time extension for a nonconstruction
waste dumpster; however, under no circumstances shall a nonconstruction
waste dumpster be permitted to be placed upon a public right-of-way
for a period exceeding 30 days.
Regulations applicable to the placement of construction or nonconstruction
waste dumpsters upon a public right-of-way are as follows:
A. The placement of a construction or nonconstruction waste dumpster
upon a public right-of-way must be temporary in nature, and the dumpster
must be one that can be readily removed from the right-of-way.
B. A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not extend into a cartway nor impede or endanger
the free flow of pedestrian or vehicular traffic.
C. A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 20 feet of a crosswalk at
an intersection.
D. A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall not be placed within 15 feet of a fire hydrant.
E. A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear the owner's name and telephone number
displayed in a conspicuous place plainly visible to passersby and
kept there for the duration of the permit.
F. A construction or nonconstruction waste dumpster placed upon a public
right-of-way shall bear reflective markings in sufficient positions
and with a sufficient reflective capacity to provide reasonable warning
to approaching nighttime traffic of its location, and a standard barricade
light shall be in operation on the dumpster site nearest the travel
lane of the public right-of-way from sunset to sunrise.
G. No public right-of-way shall be closed for the purpose of location
or utilization of a construction or nonconstruction waste dumpster.
H. The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall not be such as to
constitute a safety hazard to persons or property.
I. The placement of a construction or nonconstruction waste dumpster
shall not extend into the sidewalk area any more than 1/3 of the width
of the sidewalk area, but in no case more than three feet.
J. The placement of a construction or nonconstruction waste dumpster
shall not extend into the tree lawn area unless approved by the Code
Enforcement Officer.
K. The location and utilization of a construction or nonconstruction
waste dumpster upon a public right-of-way shall be in compliance with
all federal, state and local statutes, rules and regulations applicable
thereto.
A nonconstruction waste dumpster shall not be permitted to be placed upon a public right-of-way for the disposal of garbage as defined in §
430-8 of this article.