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Langhorne, PA 19047
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Levittown, PA 19056
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Levittown, PA 19056
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Posted in: Licenses and Inspections, 10/2/2007 12:38 PM
At their Public Meeting on September 25, 2007 the Middletown Township Board of Supervisors enacted Ordinance #07-11 regulating portable on-demand storage containers (PODS) and construction trailers.
The complete text of this ordinance is listed below.Any questions regarding this ordinance can be directed to the Department of Licenses and Inspections at 215-750-3800, ext. 118.
BUCKS COUNTY, PENNSYLVANIA
ORDINANCE NO 07-11
AN ORDINANCE OF MIDDLETOWN TOWNSHIP, BUCKS COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE MIDDLETOWN TOWNSHIP CODE, CHAPTER 15 MOTOR VEHICLES AND TRAFFIC; SPECIFICALLY PROVIDING FOR REGULATION OF OFF-STREET PARKING OF PORTABLE HOME STORAGE UNITS AND CONSTRUCTION TRAILERS; DEFINING PORTABLE HOME STORAGE UNITS AND CONSTRUCTION TRAILERS; PROVIDING FOR PERMIT AND INSURANCE REQUIREMENTS; PROVIDING FOR A FEE FOR PERMITS ISSUED UNDER THIS ORDINANCE; PROVIDING CERTAIN REGULATIONS REGARDING THE LOCATION OF PORTABLE HOME STORAGE UNITS OR CONSTRUCTION TRAILERS ON RESIDENTIAL PROPERTY; LIMITING THE NUMBER OF UNITS OR TRAILERS LOCATED ON ANY PARCEL; PROVIDING FOR ENFORCEMENT; AND PROVIDING FOR VIOLATIONS AND PENALTIES FOR FAILING TO COMPLY WITH THE TERMS OF THIS ORDINANCE; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Board of Supervisors of the Township of Middletown is duly empowered by the Township Code to enact certain regulations relating to the public health safety and welfare of the citizens of the community of Middletown Township; and
WHEREAS, the Board of Supervisors has determined that certain regulations are required to address the location, licensing, storage regulation and placement of Portable Home Storage Units and Construction Trailers at residential parcels within the Township; and
WHEREAS,the Board finds that the Amendment of Chapter 15 of the Code of Middletown Township, to provide for certain regulations for the off-street parking of Portable Home Storage Units and Construction Trailers is in the best interest and general welfare of the residents of the Township;
NOW THEREFORE, be it ORDAINED and ENACTED, by the Board of Supervisors of the Township of Middletown, Bucks County, Commonwealth of Pennsylvania, as follows:
Chapter 15 of the Code of Middletown Township entitled "Motor Vehicles and Traffic, is hereby amended to add the following new provisions:
§ 410- OFF STREET PARKING
Portable Home Storage Units and Construction Trailers
PORTABLE HOME STORAGE UNITS- Portable sheds (hereinafter referred to as "PHSU's") that are loaded with materials and placed on a residential parcel for purposes of temporary storage of materials, including but not limited to household goods, building materials, (prior to being used for building purposes), and for any other storage on a limited basis on a parcel which is either zoned residential or used primarily for residential purposes.Such units shall not be considered an accessory structure as provided under Chapter 27 of the Code of Middletown Township.
CONSTRUCTION TRAILERS - Movable wheeled trailers that are used in connection with the performance of construction work, and which may be designed or intended to convey tools, equipment, construction materials, building materials or other construction related items to and from a construction site by a building contractor or property owner, and which same trailers are located on any site at which construction work is actively being performed, has commenced and temporarily ceased, or a building permit for construction work has been issued where construction activity is not actively progressing.
§ 410.2.Permit required; application; insurance; fee.
A.Prior to the placement of any PHSU or Construction Trailer on any residential parcel in Middletown Township, the owner of such parcel, or in the case of a Construction Trailer, the registered owner of the Trailer, must apply for and obtain a permit for the placement of such PHSU or Construction Trailer from the Middletown Township Department of Licenses & Inspections.
B.All applications for permit under this Section must be accompanied by an insurance certificate providing liability insurance in an amount not less than $100,000.00 in general liability coverage from the company supplying the PHSU, or from the owner of any Construction Trailer.
C.The Township shall collect an application fee for any permit issued hereunder, in an amount to be fixed by Resolution of the Board of Supervisors, for a thirty-day permit, subject to adjustment, from time to time, by Resolution of the Board of Supervisors as provided hereunder.
D.Permits issued under this Section, and any renewal of permits issued hereunder, must be signed by a Code Official of the Township and prominently displayed on the PHSU or Construction Trailer for which the permit is issued in a sealed and water-tight manner, so as to protect the permit from denigration by the weather, rain or other elements.
A.Initial permits may be granted for a period of 30 days by the Code Enforcement Officer, upon proper submission of the required application and supporting documentation as provided under §410.2.
B.After the expiration of the 30 day period for the initial permit, an applicant may submit a renewal application for an additional 30 days, which same application shall not be unreasonably refused by the Township.All such applications for extension of permit must be accompanied by an extension fee in an amount to be fixed by Resolution of the Board of Supervisors, which same fee may be adjusted, from time to time, by further Resolution of the Board of Supervisors.
C.No more than one extension may be granted for any permit issued under this part for any PHSU.Permits for the placement of a Construction Trailer may be granted not more than four (4) extensions.
§ 410.4.Limitation on Number of Permits for PHSUs.
No residential parcel under this Section may be issued more than two (2) permits for the placement of a PHSU during any 12 month period.Such limitations shall include applications for extension.The total number of days upon which any PHSU may be located on any residential property within the Township shall not exceed 60 days unless otherwise provided under this Ordinance.
§ 410.5Limitation on Number of Permits for Construction Trailers.
No residential parcel under this Section may be issued more than one (1) permit for the placement of a Construction Trailer during any 12 month period.Such limitation shall not include any period of extension provided under § 410.3(C).In the event of extenuating circumstances, such that the expiration of a permit under this part would constitute an undue hardship to the permit holder, the Township may issue not more than one (1) additional permit during any 12 month period, which same permit may not be extended or renewed, and shall expire as provided under § 410.3(A).
§ 410.6.Permits for Extended Hardship.
Upon a finding by the Code Enforcement Officer that a parcel of property has experienced a flood, fire, natural disaster or other act of God, so as to render the primary residential dwelling thereon uninhabitable, and so as to require, in the judgment of the Code Official, the placement of a PHSU on the property for a period longer than that provided under § 410.3 or § 410.4, the Code Enforcement Officer may issue an extended hardship permit under this Section, for the placement of a PHSU for such period of time as fixed by the Code Enforcement Officer and not otherwise subject to the limitations provided under this part.All such extended hardship permits must be duly registered with the Township Department of Licenses & Inspections and shall be issued without application fee.
All PHSUs and Construction Trailers must be kept in the driveway of the parcel at the furthest accessible point from the street.All locations must be paved off-street surfaces, and the applicant must obtain pre-approval of the Township for placement of a PHSU or Construction Trailer.In the event a parcel is devoid of a driveway or other paved surface, the placement of the PHSU or Construction Trailer shall be at the direction of the Code Enforcement Official.
§ 410.8.Number of Units.
A.Only one (1) PHSU may be placed on any one residential parcel at one time.The Code Enforcement Officer is authorized, to permit the placement of more than one PHSU under the terms of § 410.6, in the event that the circumstances giving rise to the hardship permit warrant the placement of additional PHSUs in order to accommodate the storage of interior furnishings, goods and materials from a residence substantially damaged by flood, fire, act of God or other natural disaster.
B.Not more than one (1) Construction Trailer may be placed on any residential parcel at one time.
§ 410.9.Violations and Penalties.
A.Any person who shall place a PHSU or Construction Trailer in violation of this part shall, upon conviction before a magisterial district judge, be sentenced to pay a fine not exceeding $1,000.00, together with the cost of prosecution, and, upon default from the payment thereof, may be sentenced to undergo imprisonment for a period not exceeding 30 days.Each day in which a violation shall continue after due notice to the property owner, shall be deemed a separate offense, punishable by the terms and conditions provided under this Section.
B.Any Code Enforcement Officer or law enforcement officer of Middletown Township is duly empowered to enforce the terms, conditions and provisions of this Ordinance, and to commence such summary criminal proceedings as may be warranted upon finding of any violation of the terms, conditions and provisions of this Ordinance.
Any and all other Ordinances or parts of Ordinances in violation or in conflict with the terms, conditions and provisions of this Ordinance are hereby repealed to the extent of such irreconcilable conflict.
The terms, conditions and provisions of this Ordinance are hereby declared to be severable, and, should any portion, part or provision of this Ordinance be found by a court of competent jurisdiction to be invalid, enforceable or unconstitutional, the Board of Supervisors hereby declares its intent that the Ordinance shall have been enacted without regard to the invalid, enforceable, or unconstitutional portion, part or provision of this Ordinance.
This Ordinance shall become effective five (5) days after enactment by the Board of Supervisors of Middletown Township.
ORDAINED AND ENACTED this 25th day of September 25, 2007.