[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.]
[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Editor's Note: This ordinance also superseded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Any and all ordinances which conflict herewith are hereby repealed.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.
OCCUPIED
VEHICLES
Amend the following definitions in Section 202:
[Amended 12-3-2015 by Ord. No. 2015-843]
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.
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]
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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:
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i.
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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.
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ii.
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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.
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iii.
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Exception 3: Properties located on roads which have no on-street
parking available.
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iv.
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Exception 4: This section will not be enforced during Township-declared
snow emergencies.
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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:
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302.11.1 Location of portable storage units and dumpsters
on private property.
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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.
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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.
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302.11.2 Size of portable storage units.
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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.
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302.11.3 Duration.
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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.
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302.11.4 Number of portable storage units and dumpsters.
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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.
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302.11.5 Maintenance of portable storage units.
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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.
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302.11.5.2 The portable storage unit shall be secured
to prevent entry anytime active loading or unloading is not taking
place.
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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.
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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.
