From and after the effective date of this chapter, it shall
be unlawful for any person, firm or corporation to place or maintain
a bulk storage container or dumpster, as defined herein, within the
Borough without having first procured a permit therefor as provided
in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BULK STORAGE CONTAINER
A portable device or container intended for the temporary
storage of personal property or construction materials, including,
but not limited to, containers commonly known as "PODs."
DUMPSTER
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
sold waste materials in connection with construction, remodeling or
restoration, including, but not limited to, roll-off boxes and smaller
dumpster bags known as "bagsters," but not to include standard garbage
or trash containers used in the course of routine, periodic trash
collection year round.
The person contracting for the use of the bulk storage container
or dumpster, the supplier of the bulk storage container or dumpster
and the owner of the property associated with the use of the bulk
storage container or dumpster shall all be responsible for compliance
with the provisions of this chapter.
Any person aggrieved by a decision with respect to a permit
or permit extension may appeal such decision by filing a written notice
of appeal with the Borough Secretary within 10 days of the date of
the decision being appealed from. The notice of appeal shall include
a statement of the grounds for appeal and be accompanied by the payment
of a nonrefundable appeal fee in the amount of $50 or such other amount
as may be set by resolution of the Borough Council. A timely appeal
will result in the opportunity for a Local Agency Law hearing held
by the Borough Council or its designee. The appellant shall further
accompany the notice of appeal with a deposit of $300 to cover the
cost of a court reporter at such hearing and the cost of any advertisement
of same. The appellant shall reimburse the Borough for the amount
by which court reporter and advertising costs exceed $300 and shall
be entitled to a refund on any part of the deposit not needed to cover
actual court reporter and advertising costs.
The Borough Council, by resolution, may adopt rules, regulations
and forms to be used by the Borough and its officials in implementing
and enforcing this chapter.