[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 172.
Property maintenance — See Ch. 215.
Zoning — See Ch. 300.
[Adopted 11-14-1969 by Ord. No. 69-10 (Ch. 20, Part 1, of the 1991 Code of Ordinances)]
A. 
The following words, as used in this article, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning:
BOARD
The Board of Supervisors of Fairview Township, York County, Pennsylvania.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowls, fruits, vegetables and parts thereof, and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Any natural person, association, partnership, firm or corporation.
PLANNING COMMISSION
The Planning Commission of Fairview Township, York County, Pennsylvania.
REFUSE
All discarded articles or materials, except sewage and liquid waste, and including garbage, ashes and combustible waste.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person, partnership, corporation or association shall maintain, operate or permit to be maintained or operated upon any land in Fairview Township owned, leased or occupied by him, them, or it, an open dump where garbage or refuse, as defined above, is cast upon the ground, burned or allowed to accumulate; provided, however, that the temporary accumulation of garbage or refuse for a period not to exceed one week, where said refuse is the result or product of the residential dwelling upon said land, shall not be deemed a violation of the provisions of this article.
No person, partnership, corporation or association shall dump, deposit, cast or throw any garbage or refuse as defined in this article, upon any lot or piece of ground within the Township, or upon or in any body or stream of water, or upon any highway or sidewalk in the Township.
No person, partnership, corporation or association shall maintain, operate or permit to be maintained or operated upon any lands in Fairview Township owned, leased or occupied by him, them or it, a sanitary landfill where garbage or refuse, as defined above, is hauled, accumulated or buried, unless such person, partnership, corporation or association shall first have obtained a permit from the Board and shall have paid the prescribed fee therefor.
[Amended 5-14-1991 by Ord. No. 91-2]
No permit shall be issued by the Board unless the following requirements are met:
A. 
The land intended to be used as a landfill shall be located only in areas allowed under the provisions of Chapter 300, Zoning.
B. 
The land intended to be so used shall be set back at least 500 feet from any public road and from any property line of adjoining owners, and 1,000 feet from any pond, lake, stream or watercourse.
C. 
Screen planting at least six feet in height and no more than five feet between centers shall be planted around the perimeter of the tract of land upon which such landfill is located.
D. 
Approval of the landfill must first be obtained from the Pennsylvania Department of Environmental Protection.
E. 
A topographical plan of the proposed landfill must be submitted showing the location thereof, the size of the entire tract, the location within said tract of the land intended to be used as a landfill, the location of any public roads and adjoining property lines and their distances from the land intended to be used as a landfill, the location of any pond, lake, streams or watercourses, and their distances from the land intended to be used as a landfill, a cross-section of the proposed landfill showing the depth proposed to be filled and the amount and depth of the earth fill proposed to be used as cover, together with the depth of each layer of refuse.
F. 
Said plan shall be referred by the Board to the Planning Commission for study. The Planning Commission shall recommend to the Board, within 60 days of the referral to them, either the granting or rejecting of the plan.
G. 
After the Board shall have received the recommendation of the Planning Commission, it shall, within 45 days, issue a permit to the applicant, or refuse such a permit. If the permit is refused, the Board shall, within 15 days after the rejection, notify the applicant in writing of the reasons for the refusal.
[Amended 5-14-1991 by Ord. No. 91-2]
Before any permit is issued, the applicant shall pay to Fairview Township a permit fee in the amount to be established from time to time, by resolution of the Board of Supervisors, which fee shall be deposited in the general funds of the Township, the purpose of said permit fee being to cover the cost of processing the application, inspection of the site and periodic inspection of the landfill to ascertain compliance with the terms of this article.
The operator of a permitted landfill shall, at all times, permit the Board or its designated agent or agents, to enter upon the landfill site for the purpose of inspection and said Board or its authorized agent or agents shall have full power to take photographs and to perform any excavation deemed necessary for a proper inspection of the premises.
In the event that an inspection shall show that there is any leeching into adjoining streams, ponds, lakes or watercourses, or that the landfill emits smoke or odors obnoxious or injurious to the peaceable residents of the Township, the permit may be suspended or revoked by the Board until such time as the operator of the landfill shall demonstrate to the Board that the conditions described in this section have been satisfactorily corrected.
A permit may be renewed upon payment of the permit fee specified in § 247-7 herein if the applicant demonstrates to the Board compliance with the terms and provisions of this article.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person, firm or corporation found to be in violation of any of the provisions of this article shall pay a fine of not more than $600. Any police officer or other person specifically authorized by the Board of Supervisors of Fairview Township shall determine in each instance whether a violation has occurred under this chapter. Upon determination that a violation has occurred, the police officer or other authorized person designated by the Board of Supervisors shall impose a fine upon the violator and shall give the violator written notice by United States mail or in person of the violation and the imposition of the fine. If the violator fails to pay the fine within the time specified in the notice of violation, the police officer or other authorized person may institute a civil enforcement proceeding on behalf of the Township and any person found to be in violation shall pay the fine as set forth above plus all court costs and reasonable attorney's fees incurred by the Township in the civil enforcement proceeding. Each day's continuance of a violation shall constitute a separate offense.
In addition to the penalties provided in § 247-11, the Supervisors of the Township of Fairview shall have the power, in default of removal of said prejudicial thing by the owner or occupier of such property or vacant land, after proper notice as aforesaid, to cause said work to be done and collect the cost thereof from said owner or occupier of said property or vacant land.
[Adopted 12-4-2006 by Ord. No. 2006-4 (Ch. 20, Part 2, of the 1991 Code of Ordinances)]
This article shall be known as the "Collection and Disposal of Solid Waste and Recycling."
For the purpose of this article, the following terms, phrases or words shall have the meanings ascribed to them in this section, except where the context in which the word is used indicates otherwise:
ALUMINUM
The light-in-weight ductile and malleable metallic substance or element commonly known as "aluminum" and shall include all aluminum food and beverage cans. It shall exclude aluminum foil.
ASHES
Residue from burning of wood, coal, coke or other combustible material.
BIMETAL CONTAINERS
Food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
COLLECTOR
That individual, partnership, firm, corporation or other business entity designated by the Township of Fairview by means of an independent contract, as the person having the exclusive right and privilege to collect, haul, carry, remove or dispose of all solid waste and recyclable material within the Township, but shall not be construed as meaning that said contractor is an employee, official or representative of the Township of Fairview.
[Amended 8-20-2015 by Ord. No. 2015-5]
COMMERCIAL
The use of premises other than as a dwelling.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by Fairview Township, or conducted within Fairview Township, whether sponsored publicly or privately, which may include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
[Added 12-3-2012 by Ord. No. 2012-6]
CORRUGATED PAPER
Paper or pasteboard contracted into parallel grooves and ridges, commonly referred to as "cardboard" that is used for wrapping, packing, shipping and/or storage.
DOMESTIC SOLID WASTE
Garbage, ashes, refuse, rubbish, trash and other nonsewage or nonwastewater waste materials normally generated in domestic family living, but shall exclude hazardous waste and yard waste.
DWELLING
A building used for residential purposes, except hotels, apartments with more than six dwelling units, tourist cabins, motels and trailers in trailer parks.
DWELLING UNIT
One or more rooms in a dwelling, which room or rooms have fixed cooking facilities arranged for occupancy by one person, two or more persons living together, or one family.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
GLASS
All empty bottles and jars made of clear, green or amber glass, except noncontainer glass, plate glass, blue glass, porcelain and ceramic products, light bulbs and fluorescent tubes.
INSTITUTIONAL ESTABLISHMENTS
Those facilities that house or serve groups of people, such as hospitals, schools and nursing homes.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
MAGAZINE and PERIODICAL
Printed matter containing miscellaneous written pieces published at fixed or varying intervals, excluding all other paper products of any nature whatsoever.
MULTIPLE-FAMILY HOUSING PROPERTY
Any property having six or more dwelling units per structure, or mobile home parks.
MUNICIPAL ESTABLISHMENTS
Any public facility operated by Township or other governmental or quasi-governmental authority.
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and distributed at fixed intervals, having printed thereon news and other matters of public interest, including glossy advertising inserts included with newspapers.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
PLASTIC
A class of synthetic organic compounds capable of being molded, extruded, cast, or otherwise fabricated into various shapes. It shall include high-density polyethylene (HDPE) and polyethylene terephthalate (PET). It shall exclude low-density polyethylene (LDPE), polypropylene (PP) and polyvinyl chloride (PVC).
RECYCLABLE MATERIAL
Those materials specified by Township to be recycled.
RECYCLE
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal wastes (other than through combustion) and creators and recovery of reusable materials other than fuel for the operation of energy.
REFUSE
All putrescible and nonputrescible solid wastes (excluding body wastes), including garbage, rubbish, ashes, solid industrial waste, dead animals and street cleanings.[1]
SOLID WASTE
Garbage, trash, ashes, refuse and other discarded solid materials but does not include used lead acid batteries.
TOWNSHIP
The Township of Fairview, York County, Pennsylvania, and the Board of Supervisors of the Township of Fairview.
YARD WASTE
Includes tree trimmings, shrubbery, brush, and any other organic landscape vegetation.
YCSWRA
The York County Solid Waste and Refuse Authority.
[1]
Editor’s Note: The former definition of “rubbish,” which immediately followed this definition, was repealed 5-21-2018 by Ord. No. 2018-1.
A. 
All domestic solid waste generated in or at a dwelling shall be collected, hauled, transported, removed and disposed of by the Township through the collector, and the cost of such service shall be paid for as provided in § 247-22 hereinbelow.
B. 
It shall be unlawful for any owner or occupant of a residential dwelling or a dwelling unit of a dwelling to dispose of domestic solid waste except by the methods prescribed by this article.
A. 
Preparation requirements.
(1) 
All domestic solid waste shall be drained of liquid before being placed in the container.
(2) 
All recyclable materials shall be separated from all other domestic solid waste.
B. 
Containers.
(1) 
All domestic solid waste shall, when possible, be placed in containers.
(2) 
Refuse containers for dwellings and dwelling units shall be not more than 32 gallons in capacity and shall be of such size as can be handled easily by one person.
(3) 
The maximum weight of a filled container shall not exceed 40 pounds.
(4) 
Containers containing domestic solid waste shall be covered with a lid that fits securely and prevents access to flies and other insects.
(5) 
All containers shall be kept in a sanitary condition and shall be kept in good condition. Any container that does not conform with this article, or that is likely to injure the collector or his employees, or hampers the prompt collection of refuse, shall be replaced upon notice. Failure to replace said defective containers may result in the stoppage of service until such time as the container is replaced.
(6) 
Disposable plastic bags shall be accepted but shall be protected against animal damage and overloading to prevent littering or attracting of vectors, have a holding strength capable of withstanding stresses until they are collected, and shall be securely closed prior to setting out for collection.
(7) 
All containers shall be placed for collection behind the curb or where there is no curb next to but off the paved portion of edge of the roadway.
(8) 
No person shall place any container of domestic solid waste for collection pursuant to Subsection B(6) and (7) above earlier than 6:00 a.m., prevailing time, on the day preceding the date of collection by the collector.
(9) 
Within 24 hours following collection by the contractor, containers shall be removed from the edge of curb or roadway and placed within or adjacent to the dwelling unit.
A. 
Separation and disposal of recyclable materials from residential dwellings. Recyclable materials for residential dwellings are aluminum cans, steel cans, bimetal cans, clear glass, amber glass, green glass, newsprint, plastic (PET and HDPE) containers, magazines and corrugated paper. Recyclable materials from residential dwellings shall be placed at the same location, but separate from solid waste for curbside recycling collection. Recyclable materials for residential dwellings shall be prepared for collection as follows:
[Amended 12-3-2012 by Ord. No. 2012-6]
(1) 
Glass shall have caps and lids removed and be rinsed free of particles and contaminates.
(2) 
Glass, aluminum and bimetal containers, and plastic (PET and HDPE) containers shall be rinsed free of particles and contaminates.
(3) 
Glass, aluminum and bimetal containers shall be placed in a receptacle to be provided by the Township. No solid waste shall be placed in the container used to store the aforesaid recyclable materials.
(4) 
Recyclable materials shall be placed a minimum of six feet from nonrecyclable trash and garbage.
(5) 
Newsprint, magazines, telephone books, and corrugated paper shall be separated, bundled and tied and not exceed 40 pounds in weight or shall be placed in paper bags.
(6) 
Yard waste, as defined, shall be collected by the Township as determined by contract. Yard waste shall be placed in the container provided by the Township, and any additional yard waste prepared for disposal as established by contract. No solid waste shall be placed in the container used to store the aforesaid yard waste.
B. 
Separation and disposal of recyclable materials by multifamily housing properties. The owner, landlord, or agent of any owner or landlord of multifamily housing properties whose solid waste is not collected by or on behalf of the Township shall establish a collection system for recyclable materials at each structure. Recyclable materials for multifamily housing properties are aluminum cans, steel cans, bimetal cans, clear glass, amber glass, green glass, newsprint, plastic (PET and HDPE) containers, magazines and corrugated paper. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instruction to occupants concerning the use and availability of the collection systems. Owners, landlords, and agents who fall within this section and comply herewith with this section shall not be liable for noncompliance of occupants of their buildings.
[Amended 12-3-2012 by Ord. No. 2012-6]
C. 
Separation and disposal of recyclable materials by commercial, institutional and municipal establishments. Commercial, institutional and municipal establishments shall separate and store recyclable materials until collection at a recycling center. Recyclable materials for commercial, institutional and municipal establishments are aluminum cans, steel cans, bimetal cans, clear glass, amber glass, green glass, newsprint, plastic (PET and HDPE) containers, office paper, magazines and corrugated paper. Commercial, institutional and municipal establishments shall arrange for the transfer of recyclable materials to a recycling center, and if that center is separate from that used by or on behalf of the Township for residential dwellings, the establishments shall annually provide to the Township evidence of such arrangement and written documentation of the type and weight of the material recycled.
[Amended 12-3-2012 by Ord. No. 2012-6]
D. 
Separation and disposal of recyclable materials at community activities. The event sponsor of any community activity shall cause all recyclable materials to be separated for collection at any community activity. Sponsors shall be responsible to arrange for the separation and collection of the recyclable materials by the Township Collector. The amount of material recycled during the community activity shall be reported to Fairview Township within 48 hours of the end of the event.
[Added 12-3-2012 by Ord. No. 2012-6[1]]
[1]
Editor's Note: This ordinance also renumbered original Subsection 4 as Subsection 5 (now Subsection E).
E. 
Separation and disposal of yard waste.
(1) 
Leaf waste. All persons who reside in residential dwellings and all persons responsible for the management or operation of multifamily housing properties, commercial, municipal and institutional establishments who gather leaf waste shall separate all leaf waste from other solid waste and place such leaf waste for collection at the curb in loose piles. This section shall not require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural, horticultural, gardening or landscape purposes.
(2) 
Tree trimmings, hedge clippings and similar rubbish shall be placed in a container provided for such material or cut in lengths not exceeding four feet and shall be securely tied in bundles and shall not exceed 40 pounds in weight before being deposited for collection.
A. 
Collection practices.
(1) 
Domestic solid waste and recyclables shall be collected from dwelling and dwelling units at least once a week, provided that the Township may require collection to be made twice a week at such times when the Township may deem it necessary.
(2) 
All vehicles used in the collection and disposal of garbage and refuse and recyclables in Fairview Township shall be of metal, securely covered, watertight and strongly built, kept thoroughly cleansed and well painted and lettered in accordance with Pennsylvania Act 101.[1] All equipment utilized shall conform to the laws of Pennsylvania, Rules and Regulations of the Department of Environmental Protection, and the York County Solid Waste and Refuse Authority. All handling of garbage and refuse and recyclables on the premises from which collected, and in its transportation, shall be done in such a way that no spilling, leaking or strewing shall occur either on such premises or on the streets and roads of the Township. However, in the case of an emergency so deemed by the Board of Supervisors of Fairview Township, open trucks may be used.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(3) 
The collector will not be required to collect the refuse in excess of that contained in the number of containers and/or bundles of the authorized size or any combination of bundles or containers as specified in the contract entered into by the Board of Supervisors with the collector unless an additional charge has been agreed upon. The number of containers and/or bundles required to be collected may be changed from time to time by the contract entered into by the Board of Supervisors with the collector.
(4) 
The collection practices of the collector and any other person removing refuse and recyclables from the Township by special permit of the Township shall conform to all applicable rules and regulations of the Commonwealth of Pennsylvania, the Township, and any contract or contracts between the parties.
(5) 
Special refuse problems.
(a) 
Removal of wearing apparel, bedding or other refuse from homes or other places where highly inflammable or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer of the Township or the Township Manager or his designee. Such refuse shall not be placed in containers for regular collections.
(b) 
Highly inflammable or explosive materials shall not be placed in containers but shall be disposed of as directed by the Township at the expense of the owner or possessor thereof.
(c) 
A license may be issued by the Township only if the Department of Environmental Protection grants permission to said applicant to dispose of ashes, garbage, refuse or rubbish on his land. Said permission must be evidenced in writing satisfactory to the Township and filed with the Township. The obtaining of this written permission and filing same with the Township is a condition precedent to having the Township consider whether it will grant a license pursuant to the aforesaid section. No application will be accepted by Fairview Township until such time as the applicant has said written permission from the Department of Environmental Protection. The issuance of a license is discretionary with the Township and, should it determine to issue a license, it may impose any conditions it deems reasonable for the health, safety and welfare of Fairview Township.
(d) 
No abatement of fees for collection shall be allowed for vacancy of dwelling unit except where such vacancy shall have been continued for a period of not less than 90 days and where notice shall have been given by the owner of such dwelling unit in advance in writing to Fairview Township that such dwelling unit will be vacant.
B. 
Disposal practices.
(1) 
The collector shall use a landfill or incinerator duly licensed and approved by the Commonwealth of Pennsylvania, and owned by or operated on behalf of the York County Solid Waste and Refuse Authority for the disposal of all domestic solid waste. In the event that the Township provides or makes available a disposal plant or dumping area, including provision thereof through agreement with other municipalities, the collector shall use such disposal facilities.
(2) 
The collector will collect and transport yard waste, excluding grass clippings, dirt, stones, produce, domestic solid waste, to the Township's yard waste facility in accordance with the terms and conditions of a contract approved by the Board of Supervisors.
(3) 
The collector will collect and transport recyclables in accordance with the terms and conditions of a contract approved by the Board of Supervisors.
(4) 
The marketing of recyclables shall be in accordance with Act 101. No recyclables may be disposed of at a disposal facility unless approved by the Board of Supervisors.
From the time that recyclable material is placed to the curbline or at a recycling center it becomes the property of the Township. No person shall collect or pick up or cause to be collected or picked up any recyclable material within the Township or dispose of the same in any manner or place without obtaining annually a license from the Township in accordance with the provisions of this article. Each such collection or pickup in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
A. 
No person shall dump, bring, deposit or otherwise dispose of domestic solid waste within the jurisdictional limits of the Township of Fairview, except for collection as herein provided or except under express authorization of the Board of Supervisors.
B. 
No person shall place or cause to be placed any refuse or recyclables upon any street, alley or other public place, or upon any private property, whether owned by such person or not, except it be in proper receptacles for collection, properly bundled as herein provided for collection, or under an express license issued by the Township.
C. 
No person shall deposit refuse, recyclables, or yard waste in any stream or any other body of water.
D. 
No person shall maliciously spill or scatter the contents of any refuse, recycling, or yard waste container or damage or destroy any such container.
E. 
No person, except the occupant of the premises on which the refuse container is placed or an authorized collector, shall remove the lids of the containers and/or remove the contents thereof.
[Amended 8-20-2015 by Ord. No. 2015-5]
A. 
Fairview Township reserves the right to enter into a collection contract with a collector for collection of all or part of the solid waste and recyclable material generated within the Township of Fairview through a public bidding process.
B. 
The collector is hereby authorized to charge a fee and shall be required to perform billing for the fee charged for solid waste and recycling, collection, transportation and disposal services. Billing of the fee charged, levied and assessed shall be in accordance with rate set forth in the contract between the collector and Fairview Township. All fees and charges which remain unpaid after the invoice due date shall be deemed delinquent. The billing of fees and charges shall be sent directly to the property owner or occupant and the property owner or occupant will be responsible for payment of the fee and charges. The quarterly fee and charges shall be charged for each residential, light commercial, or heavy commercial unit.
C. 
The fee will be billed quarterly by the contractor and will be due and payable 30 days after the invoice billing date. The billing shall be sent 30 days prior to the start of the quarter that the service will be rendered. If any fees or charges imposed by this ordinance are not paid by the due date, there will be a penalty added of $10 per quarter.
D. 
If the owner or occupant of a residential, light commercial, or heavy commercial unit shall fail to pay any charges or fees after the invoice becomes delinquent, the Township Solicitor, the Township Manager or collector is authorized to file a civil lawsuit for the collection of charges, penalties, interest and costs of collection, including reasonable attorney's fees. Upon the filing of a civil lawsuit, a penalty of $50 shall be added to all delinquent accounts.
E. 
All delinquent accounts are subject to stoppage of service without notice. Following stoppage of service, service will be resumed thereafter only upon payment of past due fees for such account plus any penalties imposed hereunder. The stoppage of service provided for herein shall be in addition to the right of the Township or collector to proceed with the collection of unpaid fees by action in assumpsit, municipal lien or, at the election of the Township, in any other manner provided for by law for the collection of municipal claims and/or liens.
The Township Manager or his designee is authorized and directed to enforce this article. The Township Manager shall have authority to make rules and regulations relating to the administration of the provisions of this article, in addition to any other powers herein conferred upon him, provided such rules and regulations are not contrary to the provisions of this article. An aggrieved person shall have the right of appeal against any rule or regulation made by the Township Manager to the Board of Supervisors who may confirm, modify, or revoke any such rule or regulation.
Any person, firm or corporation found to be in violation of the terms of this article shall pay a fine of not more than $1,000. Any police officer or other person specifically authorized by the Board of Supervisors of Fairview Township shall determine in each instance whether a violation has occurred under this article. Upon determination that a violation has occurred, the officer or other person designated by the Board of Supervisors shall impose a fine upon the violator and shall give the violator written notice by United States mail or in person of the violation and the imposition of the fine. If the violator fails to pay the fine within the time specified in the notice of the violation, the police officer or other authorized person may institute a civil enforcement proceeding on behalf of the Township, and any person found to be in violation shall pay the fine as set forth above plus all court costs and reasonable attorney's fees incurred by the Township in the civil enforcement proceeding. Each day during which the violation continues shall constitute a separate offense.