[Adopted 12-5-2017 by Ord. No. 289]
The following terms shall have the meanings as indicated.
A person who obtains or is required to obtain a permit under
this article.
Any natural person, firm, partnership, corporation, association
or similar entity.
A portable on demand storage container or other self-storage
container, including, but not limited to, containers commonly known
as "portable storage containers" or "PODS®." For the purposes
of this article, "portable storage containers" shall be defined as
those with greater than one cubic yard of storage volume.
Any public street, avenue, alley, "paper alley," or other
thoroughfare within the Borough of East Petersburg.
A unit designed for the deposit of waste materials at a building,
commonly located on a temporary basis on a street or alley abutting
the site and transportable to and from the site for the purposes of
disposal of its contents by means of a carrying vehicle. For the purposes
of this article, "waste dumpsters" shall be defined as those with
greater than one cubic yard of storage volume.
A.
No person shall place upon, cause to be placed upon or permit to
remain on a street or alley, or on private property, a waste dumpster
or portable storage container without first obtaining a permit therefor
from the Borough. The duration of such permit shall be 60 days for
any residential permit or for the duration of an active building permit,
whichever is longer, and continued validity of such permit shall be
contingent upon full compliance with the regulations set forth below.
B.
The duration of the permit may be revised by resolution of the Borough
Council.
C.
No permit shall be required for the placement of a waste dumpster or portable storage container upon private property of a commercial business. Placement of waste dumpsters or portable storage containers by a commercial business upon a street or alley shall be subject to permit requirements, permit fees, and placement and use regulations as set forth in §§ 104-26A, 104-27, and 104-28 of this article.
[Added 10-5-2021 by Ord. No. 314]
A.
The fee for a permit pursuant to this article is $50 when placed
on private property. An additional fee of $15 is required for every
nine-by-18 parking space, or portion thereof, taken up by a waste
dumpster or portable storage container. Any waste dumpster or portable
storage container placed upon a street or alley shall pay a permit
fee equal to two times the cost of a permit for the same located off
of a street or alley.
B.
If the permittee requires additional time, a second permit may be
obtained for up to two weeks, and an additional fee of $25 must be
paid. No more than two permits shall be issued by the Borough for
a waste dumpster or portable storage container placed upon a street
or alley or on private property. After the expiration of the second
permit, the waste dumpster or portable storage container shall be
removed from the Borough.
C.
If the permittee has an active building or demolition permit for
the property in which the waste dumpster or portable storage container
is to be placed, and the waste dumpster or portable storage container
is not placed on a street or alley, the permit fee shall be waived.
D.
The permit fee set forth may be changed by resolution of Borough
Council.
A.
A waste dumpster or portable storage container placed upon a street
or alley shall not extend into the travel lane.
B.
A waste dumpster or portable storage container shall be placed off
of the street and onto private property unless site constraints limit
their placement to the street or alley. Any placement of a waste dumpster
or portable storage container on the street is at the sole discretion
of the Borough upon reviewing site constraints.
C.
A waste dumpster or portable storage container placed upon a street
or alley shall bear reflective markings in sufficient positions and
with sufficient capacity to provide reasonable warning to approaching
nighttime traffic of its location.
D.
No street or alley shall be closed for the purpose of location or
utilization of a waste dumpster or portable storage container without
express permission from the Borough and/or PennDOT. If for any reason
a roadway needs to be partially or completely closed, the permittee
shall notify the Borough, local police, and PennDOT. The permittee
shall also obtain a street closure permit from the Borough, which
indicates the dates, times, and length of road closure. The permittee
shall be required to provide road closure signage, flagging, and detours
as deemed necessary by the Borough, local police, and PennDOT.
E.
Location and utilization of a waste dumpster or portable storage
container upon a street or alley shall not be such as to constitute
a safety hazard to person or property.
F.
Where a waste dumpster or portable storage container is placed upon
a portion of a street or alley within a parking space, the local Police
Department, the Borough Manager or designee must approve the location.
G.
Location and utilization of a waste dumpster or portable storage
container upon a street or alley shall be in compliance with all other
federal, state and local statutes, rules and regulations applicable
thereto.
H.
Each of the waste dumpster or portable storage container rollers
or wheels, if any, must be placed upon a wood pad at least 3/4 of
an inch in thickness so as not to damage the street or alley surface.
Any damage to the street, curbing, or other public improvements as
a result of the placement, movement, or removal of a waste dumpster
or portable storage container shall be the responsibility of the applicant
to repair or replace. In the event that damage is identified by the
Borough, it shall be the responsibility of, with the burden of proof
upon, the applicant to demonstrate that any damage was preexisting.
I.
The permittee shall provide a copy of the waste hauler's certificate
of insurance listing East Petersburg Borough an additional insured,
in a minimum amount of $300,000, when placed on the street or within
the public right-of-way.
J.
The permittee shall execute an indemnity agreement, in a form reasonably
acceptable to the Borough of East Petersburg, promising to indemnify,
save harmless and defend the Borough, its officials, agents, servants,
and employees and 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 damage to any property which may
arise or which may be alleged to have arisen out of or in connection
with the placement or utilization of the waste dumpster or portable
storage container on the street or alley.
K.
Only one waste dumpster or portable storage container per property
will be permitted within the Borough of East Petersburg.
L.
The waste dumpster or portable storage container shall be clearly
marked with the owner's name, address and telephone number.
M.
If a chute or similar object is constructed to be used with a waste dumpster or portable storage container, an insurance liability certificate in the same amounts as in Subsection I above shall be provided.
N.
Waste dumpsters and portable storage containers located on private
property shall adhere to the same setback requirements as sheds located
within the Borough.
O.
Waste dumpsters and portable storage containers shall not be placed
within any stormwater or utility rights-of-way.
P.
Any waste dumpster or portable storage container located on a street
or alley shall be kept at least 20 feet away from any crosswalk and
from any intersection and must be placed so it does not block the
view of any motorist pulling into a roadway.
Q.
During all times when the waste dumpster or portable storage container
is in place and in use, a tarpaulin or other suitable weather-resistant
cover shall be placed over it in order to protect the contents from
being displaced and/or causing litter on public property or a private
premises or creating dust, offensive odors or other health hazards.
In all instances, the container shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from its
original location.
R.
No overflow of any material shall be permitted from the waste dumpster
or portable storage container, nor shall any accumulation of any material
next to the waste dumpster or portable storage container be permitted.
S.
Hazardous waste and garbage shall not be stored in a waste dumpster
or portable storage container.
Without limitation as to utilization of any other remedy or
action available to the Borough, at law or in equity, civil or criminal,
noncompliance with any of the regulations set forth in this article
shall be grounds for revocation by the Zoning Officer or the local
Police Department of the permit issued pursuant to this article as
shall any material false statement or omission made in connection
with the application for the permit.
A.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $50 nor more than $300 and costs of prosecution for each
and every offense and, in default of payments of such fine and costs,
to imprisonment for not more than 30 days, provided that each day's
violation of any of the provisions of this article constitutes a separate
offense.
B.
In addition, the Borough may take other appropriate legal action,
which may include equitable and injunctive relief, to enforce the
provisions of this article. In any enforcement proceedings, the Borough
may recover its attorneys' fees and court costs.
If any provision, sentence, clause, section, or part of this
article or the application thereof to any person or circumstance is
for any reason found to be unconstitutional, illegal, or invalid by
a court of competent jurisdiction, such unconstitutionality, illegality,
or invalidity shall not affect or impair the validity of any of the
remaining provisions, sentences, clauses, sections, or parts of this
article.
A.
The provisions of this article are intended to supplement and amend
the Zoning Ordinance, and as supplemented and amended the Zoning Ordinance
is hereby ratified and confirmed, but to the extent any part of the
Zoning Ordinance conflicts with the provisions of this article, such
provisions are repealed insofar as but only insofar as they conflict
with the provision of this article, and otherwise they shall remain
in full force and effect.
