[HISTORY: Adopted by the Borough Council
of the Borough of Derry 6-14-2004 by Ord. No. 683 (Ch. V, Part 3, of the
1975 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 425.
As used in this chapter, the following terms
shall have the meaning indicated:
The main structure upon an individual property. This shall
not include any outbuildings or garage structures.
A.
The Borough of Derry will be responsible for the installation
of all road signs upon public roads within the Borough of Derry.
B.
Any change in the name of any private road, driveway
or lane must be accepted by the Council of the Borough of Derry prior
to August 31, 2004. All name changes shall be submitted to the Borough
Council on a form supplied by the Secretary which shall include the
signatures of all property owners which adjoin the private road, driveway
or lane. This form must be notarized before submission to the Council
for acceptance.
C.
All private roads, driveways and/or lanes that are
named and intersect a public road or street shall require a road sign.
All requests for road signs shall be submitted to the Borough Secretary
by the property owner on a form supplied by the Borough. The cost
of the road sign, pole and placement of the road sign will be the
responsibility of the property owner. Any signs requested by property
owner prior to August 31, 2004 will be provided for by the Borough
and installed free of charge. Signs will be placed at the intersection
of the private road, driveway and/or lane with the public road. The
Borough will not install any street signs in an area that does not
intersect with a public road.
D.
All public and private road names must be adopted
at a public meeting of the Council to be officially accepted.
It shall be the duty of the owners of all principal
buildings and dwellings within the Borough to post proper identification
of such structures within 90 days of the enactment of this chapter
and of all future owners of such structures to post proper identification
prior to occupancy.
Said identification shall consist of the street
number posted in numerals at least four inches in height with a minimum
of a quarter of an inch in width stroke. Numbers upon any mailbox,
post, sign or other structure adjacent to any street, driveway or
land must be of a reflective material and color.
A.
Visibility is defined by factors including, but not
limited to, distinction from the background upon which the street
number is posted, distance from the street, porches, trees, and other
objects that may prohibit ease of recognition of the posted numbers
from the street. Visibility shall also include the ability of emergency
personnel (fire, police, ambulance) to use said posted number to identify
the building or dwelling unit from the street to which the building
is addressed.
B.
Said identification must be posted in a place where
it is clearly visible from the street to which the building is addressed
and must be posted in at least one of the following locations:
(1)
Street numbers placed on or within three feet of either
side of the door facing the street to which the building or dwelling
is addressed, wherever most visible. If such placement is not possible
or visible due to the features of the structure, said address may
be posted on an alternate location, as determined by the Zoning Officer
or his designee or the Borough, in similar proximity to the door,
such as a porch post.
(2)
Street number of a reflective material and color must
be posted on both sides of the mailbox, or both sides of the mailbox
post, on the same side of the street as the structure which it serves.
(3)
Street number placed on a post, sign or similar object
erected clearly in the front yard or to the side of the driveway and/or
lane servicing said building or dwelling. Said street number shall
be no more than eight feet above the ground and no less than three
feet above the ground. Number must beof a reflective material and
color visible and readable by vehicles approaching the property from
both directions of the street.
E.
Buildings that contain units that do not face the street to which they are addressed, including but not limited to apartment buildings and office buildings, must post a building directory near the main entrance facing the street to which the units are addressed. Said directory may consist of a map showing the locations and numbers of said units. Owners must also post street addresses in a manner described in Subsection C of this section.
The Borough is hereby authorized and directed
to give notice, by personal service or by United States Mail, to the
owner or occupant, or both, as the case may be, by certified mail,
of any premises that remain in violation of the provisions of this
chapter, directing and requiring such owner or occupant to conform
with the requirements of this chapter within five days after issuance
of such notice.
A.
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 Borough authorities may post or have posted said
identification, as aforesaid, the cost thereof, together with any
additional payment, authorized by law, may be collected by the Borough
from such person, firm or corporation in the manner provided by law
for the collection of municipal claims or by an action of assumpsit.
B.
Any person, firm or corporation who or which shall
violate or fail, neglect or refuse to comply with any of the provisions
of this chapter shall, upon conviction thereof in a summary proceeding
before a Magisterial District Judge having jurisdiction of the matter,
be sentenced to pay a fine of not more than $1,000 and costs of prosecution
and, in default of payment of such fine and costs, to undergo imprisonment
in the County Jail for not more than 30 days, provided that each day's
violation shall constitute a separate offense and neither notice to
the offender of a single day's violation nor repeated notice of a
continuing violation shall be necessary in order to constitute an
offense.[1]
C.
In addition to the other powers herein set forth for
violation of this chapter, the Borough may institute proceedings in
courts of equity.
