[HISTORY: Adopted by the Board of Supervisors of the Township
of Bern 11-4-2024 by Ord. No. 345-2024. Amendments noted where applicable.]
This chapter shall be known as the "Organic Yard Waste Collection
Facility Ordinance."
This chapter is adopted to provide organic yard waste collection
facilities to the residents of the Township for organic yard waste
and regulate the use of such facilities.
A.
The provisions of this chapter shall apply to the Bern Township Organic
Yard Waste Collection Facility located at 1316 Hilltop Road, Leesport,
PA 19533 located within the boundaries of Bern Township.
B.
The Bern Township Organic Yard Waste Collection Facility is available
to Bern Township residential property owners only. Commercial businesses,
landscaping companies, contractors, lawn mowing companies and tree
service companies are prohibited from using the Collection Facility
and will not be granted an access card to the Collection Facility.
C.
Bern Township Residential property owners that own, manage or direct
the operations of commercial landscaping companies, lawn mowing services
and tree companies are prohibited from using the Collection Facility
and will not be granted an access card to the Collection Facility.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A computerized card or fob used to operate the entrance gate
at the organic yard waste collection facility.
A Township-designated facility for the collection of organic
yard waste and leaf waste.
Any individual, company, or entity skilled in the development
and decorative planting of gardens and grounds, and/or any individual,
company or entity offering or performing services relative to the
maintenance of yards or grounds in exchange for money or other consideration.
Any individual, company or entity that undertakes, offers
to undertake, or agrees to perform maintenance, improvement, new construction,
remediation or renovation services with regard to commercial, residential,
industrial or public buildings, structure, and/or other improvements.
The term includes subcontractors or independent contractors.
Any individual, company or entity in the business of mowing
grass or lawns in exchange for money or other consideration.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass.
The Township of Bern, Berks County, Commonwealth of Pennsylvania.
Leaves, garden residue, tree trimmings, chipped shrubbery
and other vegetative material. This term does not include grass clippings,
construction, renovation and demolition wastes, municipal, solid,
residual or hazardous waste.
A.
Use of the Collection Facility shall be by the following regulations:
(1)
An access card must be obtained from the Township's municipal
office to enter and use the Collection Facility. A driver's license
must be presented at time of card issuance.
(2)
One card is issued per household. Access cards may not be given to
anyone outside of the household to which it was issued. Lost or damaged
cards must be reported to the Township municipal office. Replacement
cards will be issued at the issuance fee established.
(3)
All yard waste and leaf waste material shall be deposited directly
into an area indicated by signage or into appropriate dumpsters, if
provided.
(4)
Yard waste and leaf waste hauled to the site in plastic bags must
be emptied at an area indicated by signage or emptied into appropriate
dumpsters, if provided. No plastic bags are to be left at the site.
Biodegradable paper bags can be placed directly into dumpsters or
in an area indicated by signs.
(5)
Only yard waste and leaf waste shall be accepted at the Collection
Facility. The Collection Facility does not accept construction, renovation,
and demolition wastes, municipal, solid, residual, or hazardous waste,
garbage or other refuse, sod, dirt, rocks, grass clippings, broken
concrete, bricks, or other masonry, plastic bags, tree stumps, landscape
logs, railroad ties, metal of any kind, trash, plastic pots, hay,
bamboo, food waste, root balls, straw, painted or pressure-treated
wood, lumber, landscaping timber, tree limbs longer than six feet
or other similar waste materials.
(6)
Only resident property owners of the Township may purchase an access
card to use the Collection Facility.
(7)
Commercial landscapers, lawn mowing companies, contractors and other
similar entities are prohibited from using the Collection Facility.
Bern Township resident property owners that own, manage or direct
the operations of commercial landscaping companies, lawn mowing services
and tree companies are prohibited from using the Collection Facility
and will not be granted an access card to the Collection Facility.
(8)
Only Class I, II, and III vehicles may access the Collection Facility,
except that dual rear-wheel pickup trucks are permitted to the extent
that they otherwise do not qualify as Class III vehicles. Class IV
vehicles and above, including, without limitation, work and dump trucks,
stake body trucks, panels, and other similar vehicles, are strictly
prohibited. For purposes of this section, "classes" of vehicles shall
be those as set forth in Appendix C (Vehicle Types) of the National
Highway Administration's annual Traffic Monitoring Guide, as
may be amended from time to time.
(9)
Hours of operation of the Collection Facility shall be dusk to dawn
for seven days of the week.
The initial issuance fee, term, renewal fee and bad check fee
in connection with the Access Card shall be established by resolution
and may be amended from time to time by resolution of the Board of
Supervisors.
The Bern Township Code Enforcement Officer and the Police, Road
and Administrative Departments will act as an enforcement officer
for the purpose of enforcement of this chapter. The enforcement officer
shall have the responsibility and authority to administer and enforce
all provisions of this chapter.
A.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction, be guilty of a summary offense
and subject to a penalty of not less than $100 nor more than $600,
plus costs of prosecution. Each instance violation shall constitute
a separate offense.
B.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for in the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
C.
All fines, penalties, costs, and reasonable attorney's fees
collected for the violation of this chapter shall be paid to the Township
of Bern for its general use.
A.
Appeals of a determination of the Township under this chapter to
deny any application for an access card, to deny the renewal of an
access card, or to revoke an access card, shall be filed with the
Board of Supervisors within 30 days of the date of the denial of the
application, renewal or revocation of the of the access card. Appeals
shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant, and
shall be accompanied by a fee, the amount of which shall be established
by resolution duly adopted by the Board of Supervisors, which may
include notice and advertising costs, and necessary administrative
overhead in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from,
a detailed reason or basis for the appeal, and the relief sought.
Every appeal shall refer to the specific provision of circumstances
of the case.
B.
The Board of Supervisors shall conduct hearings and make decisions
pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known
as the "Local Agency Law," and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Township, and
to any person who has made timely request for same. Written notices
shall be given at such time and in such manner as shall be prescribed
by rules of the Board of Supervisors, but not less than 15 days prior
to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal
is filed unless the appellant has agreed in writing to an extension
of time.
(3)
The hearings shall be conducted by the Board of Supervisors. The
decision or, where no decision is called for, the findings shall be
in writing by the Board of Supervisors within 45 days after the conclusion
of the hearing, unless the appellant has agreed in writing to an extension
of time, and shall be communicated to the appellant and any other
parties who have entered their written appearance and requested a
copy of the decisions, at the address provided by them either by personal
delivery or by United States First Class mail postage prepaid.
(4)
The Chairman or Acting Chairman of the Board of Supervisors or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(7)
The Board of Supervisors may, but is not required to, make a stenographic
record of the proceedings.
(8)
In the event a stenographic record of the proceedings is not provided
by the Board of Supervisors, a stenographic record shall be made and
kept at the request of any party agreeing to pay the costs thereof.
(9)
Any party or other person desiring a copy of the stenographic record
shall order the copy directly from the stenographer who prepared the
same and shall pay the cost imposed by the stenographer for the copy
directly to the stenographer.
(10)
The Board of Supervisors shall not communicate, directly or
indirectly, with any party or any party's representatives in
connection with any issue involved except upon notice and opportunity
for all parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or any party's
representative unless all parties are given opportunity to be present.
The failure of the Township to enforce any provision of this
chapter shall not constitute a waiver by the Township of its rights
of future enforcement hereunder.
