[Added 10-13-2021 by Ord. No. 2021-10]
The following definitions shall apply to this chapter:
CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE
Means a trailer, portable temporary container, semi-truck trailer body or portable structure with or without axles and wheels intended to support current construction activity at a site with an active building permit.
PORTABLE STORAGE CONTAINER
Means a self-storage container that is placed or used on a property for on-site storage, sea containers, shipping containers, Conex box, semi-truck trailer body, or Portable Storage On Demand or PODS® is a familiar trade name for such containers. Portable storage containers are generally placed on a property for the purpose of temporarily storing materials and personal property, including any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. Such containers shall not be considered a building or accessory structure.
[Added 10-13-2021 by Ord. No. 2021-10]
a. 
Permitted temporary uses in residential zone districts. Portable storage containers and construction trailers may be utilized as a temporary storage structure within the Borough in residential zone districts when in compliance with the standards of this chapter. It shall be the obligation of the owner and/or user of such construction trailers and temporary storage structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. Any use of such trailers or containers within the Borough not in compliance with this chapter shall be unlawful.
b. 
Time limitation. Temporary portable storage containers shall be removed from the property within 45 days from the date of placement upon the property. Construction trailers shall be removed from the property within 180 days from the date of placement upon the property. Portable storage containers and construction trailers shall not be located on the same property or contiguous lots more than once per year.
c. 
Number of construction trailers and portable storage containers. Only one portable storage container or one construction trailer may be placed upon one property at one time.
d. 
Size of portable storage container or construction trailer. A portable storage container or construction trailer may not exceed 10 feet in height, 8 feet in width or 20 feet in length.
e. 
In the event of fire, hurricane or natural disaster causing substantial damage to a structure, the property owner may apply to the Borough for permission to extend the time that a portable storage container or construction trailer may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Zoning Officer and shall give sufficient information to determine whether such extended duration should be granted. The Zoning Officer shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Zoning Officer, the applicant may appeal such decision to the Borough Council. In the event of such appeal, the decision of the Borough Council shall be final.
[Added 10-13-2021 by Ord. No. 2021-10]
a. 
Portable storage containers. Portable storage containers may be utilized as a storage structure within agricultural and commercial zone districts when in compliance with the standards of this chapter. It shall be the obligation of the owner and/or user of such storage structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the container. Any use of such trailers or containers within the Borough not in compliance with this chapter shall be unlawful.
b. 
Permit required; application; fee. Before a storage container or construction trailer is placed on any property, the owner, tenant or contractor working on the subject property must submit an application for a Zoning Permit approving such placement from the Zoning Officer. If the permit application is made by a tenant or contractor, written permission of the owner of the subject property for the placement of such storage container or construction trailer must be provided to the Zoning Officer before a permit is issued. The fee for the permit for a storage container or construction trailer shall be $100 each.
c. 
Number of storage units. No more than three storage containers may be placed upon one property or contiguous lots owned by the same owner at one time.
d. 
Storage containers or construction trailers shall not be stacked.
e. 
Size of storage container or construction trailer. A storage container or construction trailer may not exceed 10 feet in height, 8 feet in width or 20 feet in length.
[Added 10-13-2021 by Ord. No. 2021-10]
Storage containers and construction trailers are prohibited from being placed in streets, public rights-of-way, or on unimproved surfaces in the front yard of a property and may only be placed upon driveways or side and rear yards if such locations meet the requirements of this chapter. All such locations must be paved, off-street surfaces at the farthest accessible point from the street, and all must comply with the side yard accessory structure setback requirements for any accessory structures in the zone district in which such storage container or construction trailer is located. If the property does not have a driveway, or cannot meet the standards described herein, the Zoning Officer may, as part of the permit approval process, approve the placement of a container in alternate location. If such storage container or construction trailer is to be permitted to be located in the front yard, it must be kept at the farthest accessible point from the street and the surrounding area must be maintained in a weed and debris-free condition. Wherever storage containers or construction trailers may be placed, they shall be subject to all property maintenance standards. No storage container or construction trailer shall be allowed to remain outside in a state of disassembly, disrepair or neglect.
[Added 10-13-2021 by Ord. No. 2021-10]
a. 
Any portable storage container or construction trailer placed in violation of this chapter or which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the Code Enforcement Officer, Zoning Officer or a law enforcement officer for removal of such structure for health or safety reasons, shall be punishable, upon conviction thereof, by a fine not to exceed $2,000 for each violation committed hereunder.
b. 
The owner of the subject property shall be afforded a 10 calendar day period to cure or abate such violation. Every day that a violation continues after service of written notice by certified and/or regular mail on the owner of the subject property as shown in the latest tax duplicate shall be deemed a separate offense, retroactive to the violation date. The court may also order the removal of the violation by the Borough, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the storage structure or construction trailer was located and may be filed as a lien against such property by the Tax Collector or Tax Assessor after certification of costs by the governing body. Such lien shall be superior to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal to the lien of ad valorem taxes.