[HISTORY: Adopted by the Borough Council of the Borough of Bath 4-5-2017 by Ord. No. 2017-668. Amendments noted where applicable.]
This chapter shall be known as the "Construction Dumpsters and Portable On-Demand Storage Units Act."
The intent and purpose of the provisions of this chapter are to allow the placement of dumpsters, and to permit the use of PODs, subject to the limitations set forth herein to protect the health, safety, and welfare of the public.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
- Borough of Bath, Northampton County, Pennsylvania.
- BOROUGH STREET
- Any street, road, lane, court, cul-de-sac, alley, public way or public squared owned by the Borough or used by the public via an easement held by the Borough for such use.
- CODE ENFORCEMENT OFFICER
- Person appointed by the Borough to enforce ordinances enacted by the Borough.
- CONSTRUCTION DUMPSTER (known as "DUMPSTER")
- A container, which exceeds 96 gallons in size, designed to receive, transport and dump waste arising from the process of building, demolishing, restoring, or remediating all manner of residential or commercial properties. Dumpsters include waste disposal bags and metal bins that are designed to hold in excess of 96 gallons of the aforesaid waste. A dumpster shall not exceed 30 cubic yards in size.
- Any natural person, partnership, corporation, joint stock company, limited liability company, limited partnership, unincorporated association, society, cooperation among parties or entity of any character whatsoever.
- PORTABLE ON-DEMAND STORAGE UNIT (known as "POD" or "PODS")
- A portable container that is placed on or in front of a property for the purpose of storing, loading, or unloading furniture, clothing, or other personal or household belongings as part of the process of a construction project or moving, the relocation of belongings to an off-site storage location, or on-site storage in the aftermath of the property being affected by a natural disaster. Unlike trailers, typically attached to semi-trucks for transport, a POD must not be larger than eight feet by eight feet by 16 feet in size.
- STATE STREET
- Any state street or highway owned by the Commonwealth of Pennsylvania or used by the public via an easement held by the Commonwealth of Pennsylvania for such use.
Editor's Note: The term "PODS" is a registered trademark.
Upon obtaining the permit required by § 281-7 and continued compliance with this chapter, a dumpster or POD is permitted on an occupied property used for nonresidential purposes or primarily used for residential purposes in the following structure types: single-family detached dwellings; single-family semidetached dwellings (twins); and single-family attached dwellings (townhouses).
Location. Dumpsters shall be placed on the property being served and not on the Borough street in front of the property. No dumpster shall be placed on a state street. No dumpster shall be located within 10 feet of any property line. Each property shall be limited to one dumpster unless approved by the Code Enforcement Officer, in his or her sole discretion, via § 281-7.
If conditions exist that there is no possible way for the dumpster to be placed on the property being served, the Borough street may be utilized after review and approval by the Code Enforcement Officer, in his or her sole discretion, via § 281-7. A dumpster shall not obstruct the flow of traffic by any means. If conditions exist that there is no possible way for the dumpster to be placed on the street, and the dumpster placement cannot meet the ten-foot property line setback, after review and approval by the Code Enforcement Officer, the dumpster may be placed within a distance from the property line as determined by the Code Enforcement Officer, via § 281-7.
[Amended 9-16-2020 by Ord. No. 2020-696]
A dumpster may remain on a property for 30 days, with up to two thirty-day extensions as determined by the Code Enforcement Official pursuant to the permitting provisions below. Absent an emergency condition, in no event shall a dumpster remain on a property in excess of 90 days in one twelve-month period.
When the need for the dumpster is the result of an emergency condition at the property to be served (example: water, fire or hurricane damage) then in such instance the dumpster may remain for the length of time necessary to remove the debris as determined by the Code Enforcement Officer. In such instances, the use of the dumpster is not counted towards the limit of three times per twelve-month period.
Sanitation. The following requirements shall be maintained while the dumpster is on or at the site:
The area around the dumpster shall be kept free of debris and litter;
Any dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours; and
Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor.
Usage. A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is placed.
Identification. The name and telephone number of the owner of the dumpster and/or company that is responsible for the dumpster shall be displayed in a weatherproof manner on the dumpster.
PODs are prohibited from being placed on a state street. PODs are also prohibited from being placed on an unpaved area in the front yard of a property. A POD kept on-site must be kept in the driveway or paved, off-street surface on the property at the farthest accessible point from the Borough street and state street. Where possible, the unit shall be placed on a paved surface to the rear or side of the principal structure. When placed on the driveway or paved area in the side or rear yard, a POD shall be located at least 10 feet from any property line. Each property shall be limited to one POD unless approved by the Code Enforcement Officer, in his or her sole discretion, via § 281-7.
If conditions exist that there is no possible way for the POD to be placed on the property being served, the Borough street may be utilized after review and approval by the Code Enforcement Officer, in his or her sole discretion, via § 281-7. A POD shall not obstruct the flow of traffic by any means. If conditions exist that there is no possible way for the POD to be placed on the street, and the POD placement cannot meet the ten-foot property line setback, after review and approval by the Code Enforcement Officer, the POD may be placed within a distance from the property line as determined by the Code Enforcement Officer, via § 281-7.
[Amended 9-16-2020 by Ord. No. 2020-696]
Time limit. A POD may remain on a property for 30 days, with up to two thirty-day extensions as determined by the Code Enforcement Official pursuant to the permitting provisions below. Absent an emergency condition, in no event shall a POD remain on a property in excess of 90 days in one twelve-month period.
Use during natural disaster. The above restrictions notwithstanding, when the principal structure on the property has been made uninhabitable as a result of a natural disaster for which a local state of emergency declaration has been issued, or a fire or other damaging event beyond the control of the owner, one or more PODs may be used for on-site storage. The authorization for such use via § 281-7 shall be dependent on issuance of a building permit for the reconstruction/repair of the principal structure(s) on the property and shall expire upon issuance of a certificate of occupancy for the principal structure(s) or 12 months from the date of the event that damaged the structure, whichever occurs first. For good cause shown and to recognize extenuating circumstances, the Code Enforcement Official may extend the authorization for as much as an additional twelve-month period or until a certificate of occupancy is issued, whichever occurs first.
Advertising. Advertising is strictly prohibited on a POD, with the exception of the name and phone number of the unit's supplier, which is required.
Hazardous materials. The use of PODs for storage of hazardous materials is strictly prohibited. The Code Enforcement Officer may inspect the POD to ensure no such materials are being stored inside.
Conditions of POD. A POD with holes, breaks, tears, or large areas of rust, in the opinion of the Code Enforcement Officer, may not be placed on or in front of the property.
Before a person may use or place a dumpster or POD on a property or Borough street, a permit must be obtained from the Code Enforcement Official. A fee for said permit shall by set by Borough Council by resolution from time to time. The permit shall be displayed in a weatherproof fashion on the dumpster or POD, as the case may be. Extensions are permitted pursuant to §§ 281-5C and 281-6C and D.
Any dumpster or POD not in compliance with this chapter is hereby declared to be a public nuisance and may be abated by the Borough at the owner's or responsible person's expense. Abatement shall, at the Borough's option, include the removal and/or the emptying of the dumpster and/or POD, as the case may be.
Violation of any provision of this chapter by any person shall be punishable by a fine in an amount not less than $100 but not more than $300 per day the violation continues.
In addition, a person found guilty of a violation of this chapter shall be ordered to abate the problem and pay the cost incurred by the Borough if the Borough abated the problem.
Any person who places a dumpster or POD on any Borough street or property without first obtaining a permit as required by this chapter is subject to paying double the permit fee required and other penalties hereunder.
In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.
[Added 11-5-2018 by Ord. No. 2018-678]