On and after the effective date of this chapter, it shall be
unlawful for any person or entity to construct or place a dumpster
or a PODS® upon any Township street, avenue, highway, lane, alley
or public place in the Township except as authorized by this chapter
and without first having obtained a permit to do so from the Township.
Cleaning dumpsters on a street or a sidewalk is not permitted.
The use of dumpsters or portable storage units for the storage
of hazardous materials is prohibited. Upon reasonable suspicion and
reasonable notice to the applicant or resident, the Township Code
Enforcement Officer may inspect a dumpster or a portable storage unit
to ensure no such materials are being stored therein.
A permit is required from the Township to construct or place
a dumpster or a PODS® upon any Township street, avenue, highway,
lane, alley, a public sidewalk or other public right-of-way or public
place in the Township.
A.
The Township Code Enforcement Officer may issue a permit to construct
or place a dumpster or a PODS® on a Township street, avenue, highway,
lane, alley or public place in the Township but only if the dumpster
or portable storage unit will not create a danger to vehicular and
pedestrian traffic or public safety and only if the applicant establishes
a hardship by satisfying one or more of the following criteria:
(1)
There are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape or exceptional
topographical or other physical conditions peculiar to the particular
property, and that the unnecessary hardship is due to such conditions
and to the circumstances or conditions generally created by the provisions
of this chapter in the neighborhood or district in which the property
is located, making the placement of the dumpster or portable storage
unit elsewhere on said private property or on a public area difficult,
if not impossible.
(2)
That such unnecessary hardship has not been created by the applicant.
(3)
That the requested permit, if granted, will not substantially impair
the appropriate use of any other property and will not be detrimental
to the public welfare.
(4)
That the permit if issued will be issued only after the Code Enforcement
Officer has inspected the specific requested location where the dumpster
or PODS® is to be constructed or placed.
B.
Before placing a dumpster or a portable storage unit on a Township
street, avenue, highway, lane, alley or public place in the Township,
the applicant shall submit an application, together with a permit
fee in the amount of $75 or such other fee as the Board of Commissioners
may set from time to time by resolution, and receive a permit from
the Township. A liability insurance certificate in the amount of $100,000
and naming the Township of Shaler as an additional insured party shall
be provided by the company supplying the dumpster or PODS® and
must accompany the application. However, a liability insurance certificate
is not required to be submitted by the applicant if the Township already
has on file an insurance certificate submitted by the same company
within the past calendar year and the insurance certificate remains
current. At time of application, the applicant shall also deposit
with the Township the sum of $500 guaranteeing that the applicant
shall repair any street or highway damaged by the permitted dumpster
or portable storage unit, which sum shall be returned to the applicant
but only if, in the opinion of the Code Enforcement Officer, no damage
to the street or highway occurs.
C.
The Code Enforcement Officer may attach such reasonable safeguards
as deemed necessary so that the dumpster or a PODS® will not create
a danger to vehicular and pedestrian traffic or public safety, including
but not limited to:
(1)
Flashers and reflectors on the outside corners facing traffic at
all times. Where traffic may approach from either direction, the dumpster
must have flashers and reflectors on the outside corners on both sides.
(2)
Type I and Type II barricades may be used as an alternative to flashers
and reflectors if authorized by the Code Enforcement Officer and the
Township Police Department.
(3)
Dumpsters and portable storage units may not restrict the sight lines
of intersections as determined by the Code Enforcement Officer.
D.
A permit issued under this section by the Code Enforcement Officer
to construct or place a dumpster or a PODS® on a Township street,
avenue, highway, lane, alley or public place in the Township shall
be for a maximum period of 30 days. Permits to construct or place
a dumpster or a PODS® on a Township street, avenue, highway, lane,
alley or public place in the Township for a period in excess of 30
days shall require the approval of the Township Board of Commissioners.
E.
Any permit may be revoked by the Code Enforcement Officer if it is
determined that the location of the dumpster or portable storage unit
is affecting traffic flow or public safety.
Any dumpster or PODS® which is not removed at the end of
the time for which it may lawfully remain on any street or other public
place or immediately upon the direction of the Township Code Enforcement
Officer for removal of such dumpster or POD for safety reasons may
be removed by the Township immediately, without notice, and the cost
of such removal, together with the cost of administration of its removal,
may be assessed against the property on which the dumpster or PODS®
was located and may be filed as a lien against such property.
Any person, persons, firm, partnership or corporation violating
any of the provisions of this article shall, upon conviction thereof
before any Magisterial District Judge, be sentenced to pay a fine
of not more $600 plus costs of prosecution and may be sentenced to
a period of incarceration not exceeding 90 days, or both. Each and
every day that the offense continues shall be considered as a separate
offense and shall be subject to separate and distinct penalties.
In addition to the penalties provided in § 212-40 above, the Board of Commissioners shall have the power, in default of the abatement of the violation by the person, firm or corporation involved after proper notice, to cause the necessary work to be done to accomplish said abatement and collect the cost, together with a penalty of 10% of said cost therefor, from the person, firm or corporation responsible therefor.
