[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.]
GENERAL REFERENCES
Zoning — See Ch. 335.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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:
A.
The name and address of the owner or user of the trailer.
B.
The ownership and location of the site where said
trailer is to be parked or maintained.
C.
The intended use of the trailer.
D.
The time period of the intended use.
E.
The name and address of the general contractor or
other user, if other than the owner of said trailer.
F.
The location and distance of the nearest residential
dwellings from the proposed location of said trailer.
G.
The proposed setback of said trailer from the roadway.
H.
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:
A.
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.
B.
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.
C.
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:
A.
An adequate supply of potable water of satisfactory
quality under adequate pressure.
B.
An adequate, safe and sanitary method of sewage disposal.
C.
An adequate, safe and sanitary method of garbage and
trash disposal.
D.
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:
A.
Issuance of temporary permits for emergency residential
use shall be limited to:
(1)
The person or persons who actually occupied said residence
prior to the catastrophe and has or have actual legal title to the
premises; or
(2)
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.
B.
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.
C.
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.
