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An Ordinance Regulating Temporary Dumpsters (Amending Chapters 93 and 43)
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WHEREAS, the Village of Romeoville (the “Village”) is a duly organized and validly existing home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and
WHEREAS, the Village as a home rule unit may exercise any power and perform any function pertaining to its government and affairs including but not limited to the power to regulate the use of temporary dumpsters for the protection of the public health, safety, and welfare.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: Chapter 93, Nuisances, of the Romeoville Code of Ordinances is hereby amended by adding Section 93.13 to read as follows:
(A) Definitions. Temporary Dumpster-A temporary dumpster shall be defined as any large container having a capacity of not more than 40 cubic yards designed for the receiving, transporting, and dumping of waste materials on a temporary basis during demolition or construction projects and is not intended to include karts or dumpsters used for refuse or recycling collection as regulated in Chapter 92 of this Code.
(B) Subject to Section 93.13(C) below, the Community Development Director or designee may issue a permit for placement of a temporary dumpster at an existing single family residence temporarily for periods of no more than thirty (30) days during periods of construction, remodeling, demolition, special events, or other valid temporary purpose. The Community Development Director or his designee may extend the length of time a temporary dumpster can remain on private property to a maximum of 120 days total in 30 day permit increments provided the dumpster is located on a property that has a valid building permit for major construction. No more than one such permit shall be issued with respect to a given single family residential address during a calendar year.
(C) Temporary dumpsters used in connection with the construction of a new building or renovation of an existing building within any non-residential zoning district may remain on the property throughout the duration of the construction or renovation only if a valid (and non-expired) building permit has been issued for the construction or renovation. The temporary dumpster must be removed within thirty (30) days once the building permit has expired, or has been closed out by an inspection conducted by the Building Department. The applicant for any building permit involving the use of a temporary dumpster shall be required to inform the Building Department of the use of the same on the building permit application, and to obtain the approval of the Department of Community Development of the location of the temporary dumpster.
(D) A temporary dumpster used on any property must be placed on an impervious surface such as an asphalt or concrete driveway or parking lot and must remain at least five (5) feet from all property lines. Dumpsters, trash containers, trailers, construction trailers or equipment used for construction projects or used to remove debris from the site cannot be placed or parked on or in a public street or public way.
(E) The property owner must take all actions necessary to prevent any rubbish, materials, or garbage to become windblown from a temporary dumpster. Debris must be kept at a level below the top of the dumpster. If at any time the level of debris extends over the top of the temporary dumpster, the property owner shall empty the debris within twenty-four (24) hours so that the debris remains at a level below the top of the dumpster.
SECTION 2A: Chapter 43 of the Village Code of Ordinances is hereby amended by the addition of the following text, to be codified as and for a new Section 43.02(R):
(R) Temporary Dumpster Permit Fee. The fee for any temporary dumpster permit issued under Chapter 93 shall be $25.00.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.