[Ord. No. 2024-03, 9/21/2024]
This Part will be known and hereinafter referred to as the "East Nottingham Township Dumpster-Portable Storage Device Ordinance."
[Ord. No. 2024-03, 9/21/2024]
For the purposes of this Part, the following terms shall have meanings ascribed thereto as follows:
The Board of Supervisors of East Nottingham Township, Chester County, Pennsylvania, or its designated representative.
The surface of a street, drive, or alley available for vehicular traffic.
Any area of land designated or to be used as a means of ingress and/or egress for other vehicles and/or pedestrian traffic from a public road to a piece, parcel or tract of land.
A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dump site.
The owner of the tract of land on which the dumpster, POD is located.
A permit issued by the Township to signify approval of the location of the dumpster or portable storage device.
Any individual, partnership, company, association, society, corporation or other group or entity.
Any item placed in a street or on a private driveway that is not a motor vehicle as defined by the Pennsylvania Vehicle Code or a temporary dumpster including, but not limited to, containers commonly known as portable storage device or PODS and containers commonly known as shipping containers.
Any road, street, alley or public thoroughfare whether actually maintained by the Township as part of its road system or whether shown on a subdivision or land development plan and intended to be offered or dedicated to the Township in the future as part of its road system.
The total width, including the cartway, of a road.
Any dumpster used or intended as a disposal facility for construction, renovation or demolition projects, special events, seasonal use or other purposes not permanent in nature.
A tract of land owned by public or private entity.
[Ord. No. 2024-03, 9/21/2024]
1.
No person, owner or contactor shall place a dumpster or temporary dumpster or portable storage device on a Township road without securing a permit from East Nottingham Township.
2.
The permit for a dumpster, temporary dumpster or portable storage device shall be for an initial term of not more than 30 days providing the applicant is in compliance with all provisions of this Part and other Township regulations, a renewal permit may be approved and issued for an additional 30-day period upon application and payment of the permit renewal fee. Not more than one renewal permit shall be issued by the Township for any dumpster, temporary dumpster or portable storage device placed upon any Township street, or road. The dumpster, temporary dumpster or portable storage device shall be removed prior to the expiration of the permit. No dumpster, temporary dumpster or portable storage device may be placed on any collector roads in the Township and may not be placed within 40 feet of an intersection regardless of the status of the road or within any prohibited or restricted areas.
[Ord. No. 2024-03, 9/21/2024]
1.
Sufficient reflective tape shall be placed on all four sides of the dumpster, temporary dumpster or portable storage device in such a manner as to make it visible at night.
2.
Each of the dumpster, temporary dumpster or portable storage device, rollers or wheels, if any, must be placed upon a wooden pad of at least six inches by six inches and at least three-fourth-inch in thickness or on a similarly protective device in order to avoid damage to the road surface. No dumpster, temporary dumpster or portable storage device shall be placed nearer than 15 feet to any fire hydrant within the cartway or other area intended for fire-fighting equipment.
3.
The name, address and telephone number of the dumpster, temporary dumpster or portable storage device owner/operator shall be conspicuously placed on at least two sides of the device.
4.
No dumpster, temporary dumpster or portable storage device shall be placed within the cartway of any street extending a distance of more than nine feet from the curbline or edge of cartway.
5.
The location of any dumpster, temporary dumpster or portable storage device upon any public street shall not interfere with any required clear site distance across any intersection.
6.
The location of any dumpster, temporary dumpster or portable storage device upon any public street shall not obstruct any pedestrian way or the travel lane of any public street.
7.
No dumpster, temporary dumpster or portable storage device shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk or other area.
8.
No dumpster, temporary dumpster or portable storage device shall contain any hazardous waste unless pursuant to a permit for such waste is issued by the appropriate government entity and reviewed by the Township before consent is given for the placement of the item in the dumpster.
9.
No materials in a dumpster, temporary dumpster or portable storage device shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.
10.
No dumpster, temporary dumpster or portable storage device shall be placed in such a manner as to interfere with the operation or maintenance of any public utility.
11.
The permit shall be conspicuously placed in a location that permits it to be identified from a public street.
12.
The placement of any dumpster, temporary dumpster or portable storage device shall be in accordance with the requirements of the Commonwealth of Pennsylvania Motor Vehicle Code.
[Ord. No. 2024-03, 9/21/2024]
If any damage or injury to the cartway, curb or sidewalk shall be caused or done by the use, occupancy, delivery or removal on any street or road hereunder, the party to whom such permit shall have been issued shall be responsible and liable for the same and shall restore the cartway, curb and/or sidewalk to its original condition. If the permittee refuses to property restore the cartway, curb and/or sidewalk to its original condition the Township may do so and collect the cost of the same from the permittee.
[Ord. No. 2024-03, 9/21/2024]
Any owner, person and/or contractor which shall violate any provisions of this Part shall be subject to pay an enforcement penalty of up to $1,000 per day, plus costs. Each day of violation is a separate violation.