[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
From the effective date of this article, the storage, temporary
storage and removal of any materials, including but not limited to
demolition waste and the use of containers for that purpose, may be
accomplished only in compliance with the terms of this article. Construction
waste and demolition waste may be stored no longer than 30 days, and
only in an enclosed container with a lid or cover as provided herein.
Any person or entity desiring to store or dispose of construction
and/or demolition waste must first apply to the Building Inspector
or Code Enforcement Officer for a permit to put in place a container
on public or private property. It is declared to be the intent of
this article that no container in excess of 20 cubic yards may be
placed on public or private property except in compliance with this
section. On private property, containers of 15 cubic yards or less
may be utilized for a thirty-day period without any permit, so long
as the same do not constitute or amount to a public nuisance and provided
such container is situated on the same building lot where the work
is being done. All containers must provide for covers or lids, must
be illuminated by reflectors or lights and may not be filled above
the level of the lid or cover.
The Building Inspector is hereby authorized to prepare forms
for such applications requesting such data as the Building Inspector
deems necessary in his discretion, including but not limited to limits
of liability of any liability insurance policy requested, a hold harmless
provision protecting the Borough, a provision mandating lighting or
reflectors on such containers, the placement of containers, warning
signs and barricades and whether a cash or security bond to cover
damages should be included. A dated application signed by the owner
of the land and the applicant, if not the owner, must provide at least
the following information:
A. Name and address of the applicant and the owner of the subject real
estate; the address where the work is to be done;
B. The dimensions and capacity of the container to be used, a description
of the work to be done to the subject real estate and the length of
time anticipated to complete the project;
C. The site where the applicant wishes to place the container, the duration
of time when it will be in place and what materials will be stored
in the container.
Based on the application and all the circumstances, the Building
Inspector may issue a permit in accordance with this section. The
Building Inspector may place such further restrictions on the permit
as he sees fit to assure compliance with the standards of this section.
Permits shall be valid for no longer than 30 days; a permit may be
renewed by filing an application with the Building Inspector. A fee
is hereby set in the amount of $25 for each permit and each renewal,
payable upon presentation of the application. The Borough Council
may change this fee from time to time at its sole discretion by simple
resolution of the Council.
The Building Inspector in his discretion may issue a permit,
refuse to issue a permit, refuse to renew a permit, or move to rescind
a permit by taking into consideration the following circumstances,
and any other factors or conditions he deems to be relevant:
A. If the container due to its size or proposed location has or likely
will unduly interfere with pedestrian or vehicular traffic or parking;
B. If the applicant's activity or proposed activity produces or
likely will produce or contain hazardous or noxious conditions (smoke,
dust, odors);
C. If the applicant has not reasonably prosecuted the project;
D. The circumstances surrounding the applicant's need for a container,
and the availability of alternate means of storing and disposing of
construction and demolition waste.
Any person aggrieved by the decision of the Building Inspector
may appeal to the Zoning Hearing Board by filing such appeal in the
office of the Borough Secretary and paying an appeal fee as proscribed
for appeals to the Zoning Hearing Board within 30 days of the decision
of the Building Inspector.
Any person or entity found to be in violation of this article
shall be subject to a civil fine in the amount of $600 for each day
such a container remains without a permit as set forth herein.
If any portion of this article is illegal or unconstitutional,
then it is deemed to be the intent of East Pittsburgh Borough Council
that the balance of this article would have been enacted irrespective
of said invalid portion.