[Adopted 1-11-2010 by Ord. No. 2010-01]
This article shall be known and may be cited as the "Lower Allen
Township Temporary Right-of-Way Obstructions Ordinance."
[Amended 6-24-2019 by Ord. No. 2019-02]
It is the intent of the Board of Commissioners to protect the
health and safety of the residents and visitors of Lower Allen Township
by restricting or prohibiting the use of public rights-of-way for
temporary obstructions. After a review of safety issues, the Board
of Commissioners has determined that placement of temporary obstructions
in the public right-of-way is a hazard to the public safety, since
they can obstruct the sight distance of motorists using the public
street and obstructs public rights-of-way for use by emergency vehicles.
Moreover, it also obstructs snowplows and other Township maintenance
crews from their public responsibilities. Further, the continued use
of temporary right-of-way obstructions may result in the damage to
the property of Township residents.
A.
It shall be unlawful for any person to place any obstruction in the
cartway portion of the public right-of-way.
B.
It shall be unlawful for any person to place any obstruction in the
public right-of-way that projects into the required eight feet of
height clearance over Township sidewalks or 14 feet of height clearance
over Township cartways including, but not limited to, basketball goals.
[Amended 6-24-2019 by Ord. No. 2019-02]
C.
No roll-off container, storage pod or similar container shall be
placed upon any street or public right-of-way. Any person seeking
a temporary exemption from this article may make said application
to the Township Manager, who will review the application for the following
criteria:
[Added 6-24-2019 by Ord.
No. 2019-02]
(1)
Will
the placement create a safety hazard or sight distance obstruction.
(2)
Valid
reasons why the ROW obstruction can’t be placed on the property
instead of the street.
(3)
Reasonable
duration of the placement.
(4)
Potential
interference with road maintenance, leaf collection, snow and ice
removal, or stormwater drainage.
The Police Department and Community Development Department are
authorized to issue violation notices and conduct enforcement activities
in response to violations of this article.
