The need for an ordinance regulating the location and placement,
the duration, and the safety of dumpsters within the Borough has been
carefully balanced by the Milford Borough Common Council with its
explicit recognition that the public may, at times, require dumpsters
for construction, renovations or other purposes. The Common Council's
desire to endorse the rehabilitation, renovation and, occasionally,
the demolition of older or obsolete structures requires that such
projects 1) are timely and safely performed; 2) do not unfairly impact
neighboring businesses and residents from either the location or the
duration of dumpsters and similar containers utilized during these
projects; and 3) adequately protect the Borough from any mishaps,
should they occur.
Therefore, the Common Council of the Borough of Milford hereby declares its intent to regulate, in a manner consistent with the interests of the citizens of the Borough of Milford, the location and placement, use, duration, safety requirements, permitting and fees, of temporary dumpsters or other refuse containers throughout the Borough upon both public property (Article
I), private property (Article
II), and to furthermore prevent spills and leaks from dumpsters into the Borough's storm sewer system (Article
III).
As used in this article, the following terms shall have the
meanings indicated:
BUILDING MATERIALS/DEBRIS
Those materials commonly used during the construction of
building structures and/or which result from the renovation and/or
demolition of building structures, including the contents of those
structures.
COLLAPSIBLE DUMPSTER BAG
Any single or multi-use container that is collapsible and
soft-sided, and commonly known as or referred to as "flexible intermediate
bulk containers" (FIBCs), which include but are not limited to bulk
bags, construction debris bags, junk bags, fold-up dumpsters, and
portable dumpsters, all of which are made from a flexible woven material.
DUMPSTER
A temporary container or debris-transfer body commonly used
for the placing and/or collection of debris and building materials
during building construction, renovations and/or demolition which
is in excess of five cubic yards.
ENFORCEMENT OFFICER
Includes either the Zoning Officer or the Construction Official
of the Borough of Milford.
INDIVIDUAL(S)
Includes any individual(s), firm, partnership, association,
corporation, company or organization or entity of any kind.
TEMPORARY
Any dumpster which is not rented on a permanent basis and
which does not have regularly scheduled pickups at least two times
per month.
No dumpster shall be permitted on any public property with the
Borough of Milford unless it can be shown to the satisfaction of the
Borough of Milford's Zoning Officer that there is no reasonable, viable
alternative for the placement of a dumpster on private property either
upon or in reasonably close proximity to the subject property for
which the dumpster is required.
Any individual(s) desiring a permit to situate a dumpster or
a collapsible dumpster bag on public streets, highways, roads, lanes,
alleys and rights-of-way shall make written application therefor to
the Borough Clerk during normal Borough business hours. Said application
shall specify the exact proposed location of such dumpster, container
or other receptacle, the size and capacity thereof, the name of the
owner of the abutting property(ies), the length of time that the use
is required, and such other information as may be required by the
Borough Clerk. The Clerk shall provide the Borough Zoning Officer
with the application for both the Zoning Officer's review and approval,
with said approval being conditioned upon a review of the permit by
the Chief of the Milford Fire Company or a designated representative
of the Milford Fire Company.