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
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.
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.
PERSON
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.
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).
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.