[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 6-19-1989 by Ord. No. 89-14. Amendments noted where applicable.]
Zoning — See Ch. 335.
As used in this chapter, the following terms shall have the meanings indicated:
- OFFICE OR STORAGE TRAILER
- Any vehicle, whether self-propelled or otherwise, used or intended for use as a conveyance upon public streets or highways and designed for temporary office space or storage.
- TRAILER, CAMP CAR, CAMPER, MOBILE HOME or EQUIVALENT VEHICLE
- Any vehicle, whether self-propelled or otherwise, used or intended for use as a conveyance upon public streets or highways; so designed, constructed or reconstructed or added to by means of accessories, sheds or tents in such manner as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons; and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by said "trailer, camp car, camper, mobile home or equivalent vehicle."
Notwithstanding any other provision herein, permits for all trailers licensed in the Borough of Berlin on the effective date of this chapter shall be renewed annually, provided that the applicant complies with all other provisions set forth herein. All new applications for trailer permits must meet and satisfy all provisions of this chapter.
It shall be unlawful for any person, corporation or other legal entity to park or maintain a trailer, camp car, camper, mobile home, office or storage trailer or equivalent vehicle in the Borough of Berlin unless said person, corporation or other legal entity shall first obtain a permit for the temporary use of a trailer, camp car, camper, mobile home, office or storage trailer or equivalent vehicle and satisfy the requirements set forth below.
Said permit shall be obtained by application in writing, addressed to the governing body, which application shall state:
The name and address of the owner or user of the trailer.
The ownership and location of the site where said trailer is to be parked or maintained.
The intended use of the trailer.
The time period of the intended use.
The name and address of the general contractor or other user, if other than the owner of said trailer.
The location and distance of the nearest residential dwellings from the proposed location of said trailer.
The proposed setback of said trailer from the roadway.
If the trailer is to be used for storage, a detailed list of all items to be stored.
Temporary trailer permits may be issued by the governing body for temporary use of trailers as follows:
Emergency residential use in residential zones: use for residential purposes by any Borough residents whose regular residence within the Borough has been so destroyed or damaged by fire or other catastrophe as to be unsuitable for dwelling purposes, but is being rebuilt or repaired to restore it to habitable condition; provided, however, that no temporary housing permit shall be issued for this purpose for a period exceeding either the time necessary to restore the damage or destroyed residence or six months, whichever first occurs.
Construction site office use: use only on the site of construction and only for office purposes in connection with construction, provided that the trailer shall not be used for residential purposes and the permit shall be valid for a period not to exceed six months. If construction continues beyond six months, the permit must be renewed semiannually.
Storage use: A mobile trailer designed specifically for storage may be permitted in all zones for a period not to exceed six months, provided that the applicant can demonstrate sufficient extenuating circumstances justifying the temporary need for a storage trailer. Said use may be extended for an additional six months if, in the opinion of the governing body, there continues to be a justifiable need for the continued use of said temporary trailer. Storage trailers shall be permitted in residential zones only during periods of construction.
Temporary trailer permits shall not be issued by the governing body unless the trailer has first been duly inspected by the appropriate official of the Borough and found to be fit for habitation for dwelling purposes or fit for its office or storage use, and for all uses other than storage, evidence has been found that there is an adequate supply of fresh potable running water for drinking purposes and washing and adequate toilet facilities with sanitary disposal methods, and, for residential usage only, bathing facilities.
Every temporary permit holder shall apply to every trailer, except those used solely for storage, as a minimum, the following utilities:
An adequate supply of potable water of satisfactory quality under adequate pressure.
An adequate, safe and sanitary method of sewage disposal.
An adequate, safe and sanitary method of garbage and trash disposal.
Adequate electric service for sufficient illumination and safe operation of appliances and equipment.
Every trailer for which a temporary permit has been issued shall be of safe and sound construction, and all plumbing, electrical and sewage disposal systems shall be subject to and conform to all Borough, county and state regulations.
Each temporary permit shall be for only one trailer, and no more than one temporary permit shall be issued for each parcel of land or business, unless otherwise authorized by the Council. Each temporary permit shall be valid only for so long as the particular use permits, and upon the expiration thereof, the trailer shall be removed from the premises forthwith.
Occupancy under a temporary permit shall be strictly limited as follows:
Issuance of temporary permits for emergency residential use shall be limited to:
The person or persons who actually occupied said residence prior to the catastrophe and has or have actual legal title to the premises; or
A lessee of the premises who actually occupied said premises prior to the catastrophe and is a lessee under a written lease with a term of at least one year; provided, however, that said written lease was executed prior to the catastrophe and there remains a balance of leasehold term of at least six months next following the date of application for a temporary permit.
Temporary permits for construction site office uses shall be limited to the actual contractor; provided, however, that nothing contained herein shall be construed to prevent subcontractors, workmen, salesmen, suppliers and others from use of said trailer for construction business purposes only, during the actual working hours.
Temporary permit for storage shall be limited to the actual business use already located at the site and shall be used only for purposes directly related to said business.
No advertising signs or other advertising devices shall be permitted on the premises or on the trailers being used.
The storage of all flammables must be approved by the Fire Marshal.
Every trailer for which a temporary trailer permit has been issued by the governing body shall, at all times, be subject to examination and inspection within reasonable hours by any appropriate Borough official, officer or agent.
No permit issued pursuant to this chapter shall be transferable to any other person or entity.
[Amended 11-3-2014 by Ord. No. 2014-16]
Prior to the issuance of a temporary permit, the applicant shall pay an application fee in the sum of $25, and upon approval of said permit, the applicant shall pay a permit fee to the Borough of Berlin in the sum of $100. Permits for all trailers licensed on the effective date of this chapter shall be renewed annually at the rate of $200. Annual permits for trailers that are not renewed on or before August 1 of each year shall be subject to a late fee of $25 per month until the trailer permit is renewed.
Temporary permits issued pursuant to this chapter may be denied or suspended by the governing body for failure to comply with this chapter or other applicable ordinances of the Borough of Berlin or any other pertinent state or county law or regulation. The governing body shall afford the person whose temporary permit has been denied or suspended an opportunity to be heard at a public hearing.
Any person or owner who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, and each day that such violation exists shall constitute a separate offense and be punishable by such fine or imprisonment, or both.