Township of Upper Merion, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 11-19-2009 by Ord. No. 2009-784[1]; amended in its entirety 12-3-2015 by Ord. No. 2015-842. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction Code, Uniform — See Ch. 69.
Nuisances — See Ch. 107.
[1]
Editor's Note: This ordinance also superseded former Ch. 127, Property Maintenance, adopted 12-11-2008 by Ord. No. 2008-775.
A certain document, three copies of which are on file in the office of the Township Manager of Upper Merion Township being marked and designated as "The International Property Maintenance Code, 2015," as published by the International Code Council, is hereby adopted as the Property Maintenance Code of Upper Merion Township, in the Commonwealth of Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made part hereof, as if fully set out in this chapter, with the additions, insertions, deletions, and changes prescribed in § 127-3 of this chapter.
Any and all ordinances which conflict herewith are hereby repealed.
The following sections are hereby revised as follows:
A. 
Amend Section 103.1 to read:
103.1 The Upper Merion Township Safety and Codes Enforcement Department and the Upper Merion Township Police Department shall enforce this code.
B. 
Amend the following definitions in Section 202:
[Amended 12-3-2015 by Ord. No. 2015-843]
OCCUPIED
As applied to a building or portion thereof, shall be construed as though followed by the words, "or intended, arranged or designed to be occupied, or having a certificate of occupancy.
VEHICLES
Any motor vehicle, recreational vehicle, boat, or trailer which requires state registration, regardless if the registration is active.
C. 
Add Section 302.1.1 to read:
302.1.1 Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between his or her property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line.
D. 
Add Section 302.3.1 to read:
302.3.1 Where sidewalks exist, those responsible (see Section 301.2.1,[1] as amended) for the sidewalks shall have at least a two-foot-wide path cleared of snow and ice within 24 hours after the cessation of the declaration of a snow emergency. However, when more than 12 inches of snow has fallen, those responsible for the sidewalk shall have at least a two-foot-wide path cleared of snow and ice within 48 hours after the cessation of the declaration of a snow emergency.
[1]
Editor's Note: See Section 301.2 Responsibility.
E. 
Add Section 302.3.2 to read:
302.3.2 All trees, shrubs, bushes, etc., shall be kept trimmed back from the sidewalk to a height of nine feet.
F. 
Amend Section 302.4 to read:
302.4 No person, firm, or corporation owning or occupying any property within the Township shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such property so as to exceed a height of six inches, nor shall any noxious weeds prohibited by the Noxious Weed Control Law (3 P.S. § 255.8) or by regulations of the Department of Agriculture be permitted to grow on such property within the Township, including, but not limited to, marijuana, chicory, succory or blue daisy, Canadian thistle, multiflora rose, johnson grass, musk thistle, bull thistle, jimson weed, mile-a-minute, kudzuvine and shattercane.
Any grass, weeds or other vegetation growing upon any property in the Township in violation of the provisions of this section is hereby declared a nuisance and detrimental to the health cleanliness and comfort of the inhabitants of the Township based on inter alia pollen, noxious odors and harborage for rodent infestation.
G. 
Add Section 302.4.1 to read:
302.4.1 The owner of any property, or the occupant of the property occupied by other than the owner, shall remove, trim or cut all grass, weeds, or other vegetation growing or remaining upon such property in violation of the provisions of Section 302.4, with the exception of approved retention/detention areas and reservoirs.
H. 
Add Section 302.4.2 to read:
302.4.2 The Township, or any officer or employee of the Township designated thereby for this purpose, is hereby authorized to give notice, by personal service or United States mail, to the owner or occupant or any adult person in charge of the said premises, as the case may be, of any property wherein grass or other vegetation is growing or remaining in violation of Section 302.4, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within 10 days after issuance of such notice.
Whenever, in the judgment of the Enforcement Officer, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found, or because a search for the owner or occupant would entail unreasonable delay, the Township or any officer or employee of the Township designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 10 days.
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Township from such person, firm or corporation, in the manner provided by law, and may be entered as a municipal lien against the property and owner thereof, for the abatement of nuisance.
I. 
Add Section 302.8.1 to read:
[Amended 12-3-2015 by Ord. No. 2015-843]
302.8.1 Vehicles are prohibited from parking on any nonpaved area in the front or side yards of a property, subject to the exceptions set forth below. Vehicles may be parked on nonpaved areas in the rear yard, providing that a solid fence, a minimum of six feet tall, is erected around the rear yard in order to screen the contents of the yard from surrounding neighbors:
i.
Exception 1: Special events requiring overflow parking may be granted an exemption pursuant to the approval of a special events permit subject to the provisions of Chapter 139, Special Events.
ii.
Exception 2: The owner or occupant of the residential property may obtain a twenty-four-hour exemption for a specific social or other event by providing written notification to the Upper Merion Police Department in advance of the commencement of the event.
iii.
Exception 3: Properties located on roads which have no on-street parking available.
iv.
Exception 4: This section will not be enforced during Township-declared snow emergencies.
J. 
Add Section 302.10 to read:
302.10 A property owner shall be responsible to prevent injury or damage caused by sinkholes or surface collapse zones which appear on his/her property and of which he/she has actual or constructive notice. Sinkholes or surface collapse zones that can accumulate or intercept surface waters derived from any source or which are greater in depth than width or which present, in the opinion of the Township Engineer, a danger of loss of lateral support to adjoining properties are hereby declared to constitute a health or structural hazard and a nuisance. All sinkholes or surface collapse zones which present a danger of loss of lateral support to adjoining properties shall be filled in with clean soil or other appropriate material by the property owner and mounded so that all surface water shall be diverted from the filled sinkhole or surface collapse zone. All other sinkholes or surface collapse zones, which constitute nuisances, shall be either filled in or suitably fenced by the property owner.
K. 
Add Section 302.11 Portable storage units, to read:
302.11.1 Location of portable storage units and dumpsters on private property.
302.11.1.1 Portable storage units and dumpsters may be temporarily located in all zoning districts as long as they are placed not to obstruct vehicular or pedestrian traffic.
302.11.1.2 Portable storage units and dumpsters shall not be placed in rights-of-ways, and placement shall not obstruct lines-of-sight for vehicles entering the roadway. However, potable storage units and dumpsters may be permitted on the roadway with a permit issued by the Upper Merion Police Department.
302.11.2 Size of portable storage units.
302.11.2.1 In AG, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-3B, U-R and G Residential Zoning Districts, the portable storage unit shall be no larger than 160 square feet, no wider than eight feet and no higher than 10 feet from grade.
302.11.3 Duration.
302.11.3.1 In AG, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-3B, U-R and G Residential Zoning Districts, the portable storage unit and dumpsters shall be permitted for no more than 30 days. However, if placed in conjunction with an active building permit, portable storage units and dumpsters shall be permitted for no more than six consecutive months and not to exceed 24 hours before and after such activity in accordance with such building permit. This exception is not renewable and is only permitted once per year.
302.11.4 Number of portable storage units and dumpsters.
302.11.4.1 In AG, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-3B, U-R and G Residential Zoning Districts, one portable storage unit and dumpster per dwelling unit shall be permitted on a given parcel.
302.11.5 Maintenance of portable storage units.
302.11.5.1 The user of the portable storage unit shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
302.11.5.2 The portable storage unit shall be secured to prevent entry anytime active loading or unloading is not taking place.
302.11.5.3 The user of the portable storage unit shall be responsible for ensuring that no hazardous substances are stored or kept within the portable storage unit.
L. 
Add Section 308.4 to read:
308.4 No trash, rubbish, garbage, or recyclable material shall be placed at the curb or in the front yard of any lot except during the period beginning at 1600 hours on the night prior to the scheduled collection and ending 2359 hours on the day of the scheduled collection.
M. 
Add Section 404.5.1 to read:
404.5.1 Every room used for sleeping purposes shall contain at least 70 square feet of floor area for the first person, and an additional 50 square feet per person for each additional person.
N. 
INSERT the following dates to Sections 602.3 and 602.4: shall supply sufficient heat during the period from October 15 to May 15.