[HISTORY: Adopted by the Borough Council of the Borough of
Etna 11-21-2006 by Ord. No. 1307-A1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A container that is not affixed to the land and is designed
for temporary short-term refuse disposal. This definition shall not
apply to containers used for the regular collection of solid waste
by a commercial firm or municipal contractor.
A container that is not affixed to the land and that is designed
for temporary short-term storage.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
but not limited to gazebos, storage sheds, storage containers, portable
storage units, freestanding posts, communications equipment buildings,
communication towers, pillars, dumpsters or similar objects.
The following regulations shall be applicable to dumpsters and/or
portable storage units for on-site storage:
A.
There shall be no more than one dumpster or portable storage unit
per lot.
B.
A portable storage unit shall be no larger than eight feet wide,
16 feet long and eight feet high.
C.
No dumpster or portable storage unit shall remain on a lot in a residential
zoning district (R-1 or R-2) in excess of 14 consecutive days, and
dumpsters or portable storage units shall not be placed on a lot in
a residential zoning district in excess of 30 days in any one calendar
year. The dumpster or portable storage unit shall be removed from
the lot by the expiration date on the permit.
D.
No dumpster or portable storage unit shall remain on a lot in a commercial
(C-1, C-2 or C-3) or industrial zoning district (I or I-1) in excess
of 30 consecutive days, and dumpsters or portable storage units shall
not be placed on a lot in a commercial or industrial zoning district
in excess of 45 days in any one calendar year. The dumpster or portable
storage unit shall be removed from the lot by the expiration date
on the permit.
E.
A dumpster or portable storage unit shall be permitted during construction,
reconstruction, alteration or renovation of the principal building
and for an additional period of three days before and after such activity,
provided a building permit has been issued by the Borough of Etna.
The dumpster and/or portable storage unit shall be removed from the
lot before the Borough Zoning Officer issues an occupancy permit or
if the construction activity ceases for a period of more than seven
days.
F.
A dumpster or portable storage unit may be located on a lot during
an emergency situation as declared by the appropriate federal, state,
county or Borough of Etna agency pursuant to a temporary permit issued
by the Borough of Etna Zoning Officer. The dumpster or portable storage
unit shall be removed from the lot within seven days after the end
of the emergency declaration.
G.
It shall be unlawful for any person to place or permit the placement
of a dumpster or portable storage unit on property which he or she
owns, rents, occupies or controls without first having obtained a
permit therefor from the Borough of Etna Zoning Officer.
H.
Application for a permit shall be made to the Borough of Etna Zoning
Officer on a form provided by the Borough of Etna. The Zoning Officer
shall determine the most appropriate location for the dumpster or
portable storage unit to be placed on the lot. A permit fee in an
amount to be established from time to time by resolution of the Borough
of Etna Council shall accompany the application. The issuance of a
permit shall allow the applicant to place the dumpster or portable
storage unit on the subject lot in the location specified in the permit
in conformance with the requirements of this chapter. The permit shall
be posted in plain view on the subject lot.
(1)
Permits will only be issued to the person that owns, rents, occupies
or controls the property where the dumpster or portable storage unit
will be located.
(2)
Permit applications for portable storage units must include a list
of the items intended to be stored in the unit. These items can only
be from within the property where the unit is located. No toxic or
hazardous materials are permitted to be stored in these units. The
Borough of Etna reserves the right to inspect the contents at any
reasonable time to ensure that these items are not being stored in
the unit.
(3)
When a permitted dumpster is removed because it is full and immediately
replaced by an empty dumpster, a second permit and fee is not required.
Whosoever violates any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of up to $500.
Each day that violation continues shall be deemed a separate offense.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Council of the Borough of Etna that this chapter would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
Any ordinance or resolution or part of any ordinance or resolution
in conflict herewith is hereby repealed to the extent of that conflict.
