[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-20-1872 (Ch. 4, Part 1, of the 1986 Code)]
Market Street shall be numbered east and west beginning at the
public square; Main Street shall be numbered north and south from
the public square. All streets extending parallel with Market Street
shall be numbered east and west from Main Street. All streets extending
parallel with Main Street shall be numbered from their junction with
East Market Street; Logan Street shall be numbered north from Chestnut
Street (formerly Mill Street). All streets crossing or connecting
with Valley Street, except Third Street, shall be numbered from Valley
Street. Juniata Street shall be numbered west from Market Street.
[Adopted 10-13-2014 by Ord. No. 2014-12]
This article shall be known as the "Address Numbering and Public
and Private Street Name Signage Ordinance of 2014."
This article is ordained and enacted pursuant to the provisions
of The Borough Code, as amended, specifically including, but not limited
to, 8 Pa.C.S.A. § 1202(18), which sets forth the specific
power of the Borough to "require and regulate the numbering of buildings
and lots," 8 Pa.C.S.A. § 1203, which authorizes the Borough
Council to make and adopt all ordinances, bylaws, rules and regulations
not inconsistent with the Constitution of Pennsylvania and the laws
of the Commonwealth of Pennsylvania as may be expedient or necessary
for the proper management, care and control of the Borough and its
finances and the maintenance of peace, good government, safety and
welfare of the Borough and its trade, commerce and manufactures, 8
Pa.C.S.A. § 1701 et seq. relating to streets, and otherwise
per law.
A standardized system of structure/property address numbering
by the Borough of Lewistown in cooperation with the Mifflin County
GIS Department and its successors, and placement of street name signs
for private streets or roadways, better enables emergency response
personnel to locate persons requiring assistance, makes the 911 Public
Safety System more effective and is within the authority given by
the aforesaid Borough Code provisions and other sections permitting
regulation for health and safety purposes.
As used in this article, the following terms shall have the
meanings indicated:
That Department of the County of Mifflin, Pennsylvania, responsible
for 911 addressing and private lane naming in the implementation of
a county-wide system of structure/property address numbering throughout
the County of Mifflin.
Refers to the "National Emergency Numbering Association."
Streets owned and maintained by a person or persons which
are not public streets, whether owned and maintained by abutting property
owners or otherwise.
Streets, including the right-of-way, owned and maintained
by the Commonwealth of Pennsylvania, County of Mifflin or the Borough
of Lewistown, Mifflin County, Pennsylvania.
Reflectorized sheeting and lettering of engineer grade having
80 candlepower reflectivity at a minimum.
Includes a public or private street, road, lane, court, cul-de-sac,
alley, way, square, and includes the cartway, sidewalk, gutter and
the right-of-way area.
A.
Naming of public streets. It is the legal right of the Borough of
Lewistown to approve street names (the term "street" to include street,
road, lane, court, cul-de-sac, alley, way and square). To facilitate
emergency service dispatch, the Borough shall notify the Mifflin County
GIS Department, or its successor, prior to the Borough taking final
action to approve a street name. The County GIS Department shall,
within 10 business days from the date of receipt of said notice from
the Borough, respond to the request with an "advisory" comment whether
the proposed name meets current published NENA standards and 911 dispatch
requirements.
B.
Naming of private streets. Persons owning or maintaining private
streets must first receive approval of a requested street name from
the Borough of Lewistown. To facilitate emergency service dispatch,
the Borough shall notify the Mifflin County GIS Department or successor
department before municipal approval of street names requested by
persons owning or maintaining a private road. Mifflin County GIS Department
or successor department within 10 business days from the date of receipt
of the proposed private street name from the Borough shall respond
to the request with an "advisory" comment whether the proposed name
meets current published NENA standards and requirements of 911 dispatch
as follows:
(1)
A private street with two or more inhabitable structures located
on it shall be named.
(2)
A private street with two inhabitable structures located on it may
be officially named upon request provided that the length is over
300 feet.
(3)
Any private street 2,640 feet (1/2 mile) or longer shall be officially
named if it provides access to an addressed inhabitable structure.
(4)
Any private street 2,640 feet (1/2 mile) or longer may be officially
named if naming of the street is determined to be in the best interest
of public safety, e.g., an access road to a gas well site, public
lands, or other areas where it is in the interest of public safety
to name said road to facilitate locating the area for emergency service
providers.
C.
Borough approval required prior to naming of street by County GIS.
The Mifflin County GIS Department, as a condition precedent to the
naming of any street, as defined in this article, is required to coordinate
and obtain Borough approval prior to the naming of any public or private
street within the Borough.
A.
Public street name signage.
(1)
Public street name signs within the Borough shall be the responsibility
of the Borough, and shall be in accord with the then applicable regulations
of the Commonwealth of Pennsylvania, Department of Transportation.
Unless otherwise required by the Commonwealth of Pennsylvania by statute
or regulation, brown background should not be used as this is reserved
for use on private street signs. In addition, signs located near the
cartway shall have posts that break away upon impact.
(2)
Existing street name signs which do not meet subsequently adopted
rules and regulations shall be allowed to remain (so long as they
are legible). However, when such signs are replaced said signs shall
comply with the then current ordinance and rules and regulations.
B.
Private street name signage. The owner of all private streets, including
drives, roadways or easements used for vehicle access to multiple
properties where the drives and roadways are not recognized as Borough
streets and which is referenced in the address of structure/property
owner whose residence or business abuts said private drive or roadways
shall, in addition to the other requirements set forth in this article,
install a sign, if not installed by the Borough, which identifies
the private street or private drive name as adopted by the Borough,
with said signage to be placed at the entrance where the private street
or private drive intersects with the public roadway, but not creating
an obstruction to visibility of motorists. The street sign shall meet
Pennsylvania Department of Transportation rules and regulations for
size, placement and be brown, unless and until Pennsylvania Department
of Transportation regulations require otherwise, with white reflective
letters.
The owners of all buildings or structures and/or real property
within the Borough to which street address numbers have been assigned
shall have the street address number prominently displayed at all
times in accordance with the following standards. For purposes of
this article a "street address number" is an address number established
by and with Borough of Lewistown approval in coordination with the
Mifflin County GIS Department and in accordance with the county-wide
911 Public Safety System with reference to the adjacent road or street
assigned and given to a particular building or structure or property
by Mifflin County 911 as approved by the Borough of Lewistown. For
specific sections of streets with an existing addressing system that
is approved by the Borough of Lewistown, the "street address number"
is the retained street address number in the existing addressing system
that is established in conjunction with the County Addressing Project.
In relation to street address numbering, the following shall be applicable:
A.
Each building/structure/property to which a street address number
has been assigned shall have a street address number displayed upon
the building/structure/property, except for buildings/structures/properties
which are located a distance greater than 200 feet from the nearest
edge of the cartway of the public street or upon which signage cannot
be attached which would be readable from the nearest public street
by reason of natural or man-made obstructions, in which case, the
owner of said building/structure/property shall be required to provide
posted street address number signage at least 20 feet and not more
than 30 feet from the nearest edge of the cartway of the public or
private street, which post shall have affixed thereon the street address
number which has been assigned to the building/structure/property.
B.
The assigned street address numbers shall be either affixed directly
to the building or posted or displayed on a sign affixed to the building
or post. The street address number shall be displayed in such a manner
that the numbers will contrast in color with the background and will
be observed and readable from the nearest public or private roadway.
All numbers shall be in standard Arabic numerals or alphabet letters,
not less than four inches in height and not less than 0.5 inch in
width, and shall otherwise be in accord with the then applicable Borough
Property Maintenance Code, as such may be amended from time to time.
It is recommended that the numbers be reflective for greater nighttime
visibility.
C.
If for any reason the street address number of a particular building/structure/property
is not readily identifiable by posted signage along the roadway whether
due to the proximity of multiple buildings with different street address
numbers or some other reason, the street address number should be
affixed to the building/structure as well as posted by the street.
Similarly, if a single building/structure has multiple street address
numbers or apartment numbers, such as professional buildings or apartments,
a building directory should be posted at the main entrance of the
building.
D.
Approval of street address numbers or numbering schemes by Borough.
(1)
The Mifflin County GIS Department or its successor department of
Mifflin County, Pennsylvania, shall coordinate its street address
numbering efforts with the Borough of Lewistown. Therefore, while
done in coordination with Mifflin County GIS Department or its successor
department of Mifflin County, Pennsylvania, it shall be required that
the Borough of Lewistown approve of any proposed street address numbering
of buildings, structures, lots and/or real property prior to assignment
of a street address number for a particular building, structure, lot
and/or real property. The Borough shall have the right of final approval
of any street address number or street address numbering scheme.
(2)
In order to timely review proposed street address numbers or a proposed
street address numbering scheme, the Borough Council of the Borough
of Lewistown will designate a Borough representative or representatives
to review any proposed street address numbers or any proposed street
address numbering scheme by the Mifflin County GIS Department or its
successor department of Mifflin County, Pennsylvania. The designated
representative or representatives, as applicable, shall have the authority
to approve a street address number or street address numbering scheme
on behalf of the Borough of Lewistown. Upon a written request by Mifflin
County GIS Department or its successor, as aforesaid, for approval
of a street address number or a street address numbering scheme, the
Borough representative(s), as applicable, shall respond to the request,
in writing, either affirmatively or negatively within five business
days of receipt of the written request by the Borough. If the Borough
representative(s) objects to the street address number or street address
numbering scheme, the matter shall be referred to the next regularly
scheduled Borough Council meeting, or to a special Borough Council
meeting for the purpose of taking action as to approval or disapproval
of the proposed street address number or street address numbering
scheme. At said meeting, Borough Council shall take action to either
approve or disapprove of the proposed street address number or street
address numbering scheme or shall defer action on the same pending
further review or study.
It shall be unlawful to cover, conceal, obstruct, destroy, remove,
deface or vandalize any street number or road/street name sign or
placard installed or displayed pursuant to and in accordance with
the requirements of this article.
Once determined that a building or structure or property owner
has not complied with the street numbering or street name signage
regulations of this article, the Borough Council of the Borough of
Lewistown or its designated representative, with Borough Council consent,
may pursue any of the following enforcement remedies:
A.
Written notice and order. The Borough Council, or its designated
representative, may provide a written notice and order to the owners,
occupants, and other persons in possession of building or structure
or property, which has not been numbered or street signage installed
in accordance with this article of the violation and the need to comply.
B.
Notice. The written notice shall be served upon the owners, occupants,
and other persons in possession of building or structure or property,
in one of the following manners:
(1)
By making personal service or delivery of the notice to the owner(s)
and, if applicable, the occupants or possessors of the premises;
(2)
By handing a copy thereof:
(a)
At the residence of the owner to an adult member of the family
with whom he resides; but if no adult member of the family is found,
then to an adult person in charge of such residence; or to an adult
person in charge of the property where the condition is located;
(b)
At the residence of owner to the clerk or manager of the hotel,
inn, apartment house, boarding house or other place of lodging at
which he resides; or
(c)
At any office or usual place of business of the owner or his
agent or to the person for the time being in charge thereof; or
(3)
By mailing a copy of the notice to the last known address of the
owner, and, if applicable, the occupant or possessor of the building
or structure or property, by certified mail, return receipt requested,
restricted delivery and concomitantly mailing a copy of said notice
by U.S. First Class Mail, as evidenced by a U.S. Postal Certificate
of Mailing.
(5)
If the certified mail, return receipt requested, restricted delivery and the U.S. First Class Mail are both returned by the postal authorities, and if service cannot reasonably and expeditiously be made in any other manner under Subsection B(1) through (3), service shall be made by posting a copy of the notice and order in a conspicuous place visible to the public and to any owner or occupant or possessor of the property, on the building or structure or property which is the subject of or is the building or structure or property affected by the notice and order.
C.
Order to correct. Such notice shall contain an order to correct which
shall include:
(1)
A description sufficient to identify the building, property or structure
and the location thereof;
(2)
An order to such owner or occupant or possessor to take action to
correct and comply with this article within a specified time no less
than within 10 days after the date of the notice and, thereafter,
to comply fully with its terms of the notice with reasonable dispatch
as is deemed necessary by the Borough to comply with this article
under the circumstances;
(3)
A warning substantially to the effect that if there is not compliance
with this article within the time fixed in the order, the failure
to comply could result in the imposition of a fine and court costs,
including attorneys' fees, if applicable, and, in addition, could
result in the Borough bringing the building, structure or property
into compliance at the cost and expense of the owner, occupant or
possessor of the property, as applicable; and
(4)
The owner and the occupant and possessor of the property shall be
responsible for carrying out or complying with the order.
D.
Right to appeal. Any person (hereinafter "appellant") who is aggrieved
by an order issued pursuant to this article may appeal to Borough
Council by filing a written notice of appeal at the office of the
Borough Manager within 10 days of the date of the subject notice and
order.
E.
Hearing procedure. The Borough Council shall:
(1)
Upon receipt of an appeal and request for public hearing as set above,
notice shall be given to the owner, occupant or possessor of the building,
structure or property and shall inform the appellant owner, occupant
or possessor of the building, structure or property to appear before
the Borough Council on a date and time specified and at a place specified
to show cause why the building, structure or property should not be
brought into compliance with this article in accordance with the notice
and order so to do. The hearing shall be held pursuant to the provisions
of the Local Agency Law, Act of April 28, 1978, P.L. 202, Act No.
53 (2 Pa.C.S.A. § 551 et seq.);
(2)
The public hearing shall be held:
(a)
Not less than 10 days nor more than 60 days from the date of
such appeal and request for public hearing;
[1]
The Borough Council shall give public notice of the date, time
and place of said public hearing by publishing notice thereof one
time in a newspaper of general circulation, as defined by 45 Pa.C.S.A.
§ 101, at least five days, but no more than 30 days, prior
to the date of the public hearing and a counterpart of the notice
shall be posted at a conspicuous place on the building, structure
or property at issue and at the Borough Municipal Building or such
other place where the public hearing is to be held and a copy of the
public notice shall be mailed by U.S. First Class Mail to the appellant
and to the owner of the land if different than the appellant;
[2]
The notice of public hearing shall include the name of the appellant,
the name of the owner, the location of the building, structure or
property, a brief summary of the violation, a brief summary of the
relief requested by appellant and reference to the Borough office
where the case papers are on file and where they may be examined during
normal business hours;
[3]
At the public hearing, the Borough Council shall hear such testimony
as the appellant shall offer related to the building, structure or
property in question; and
[4]
Unless waived by appellant and the Borough Council, a stenographic
record shall be made at the public hearing at the expense of the appellant
and a transcript shall be provided to the parties at the expense of
the appellant.
(3)
Within 30 days of the conclusion of such hearing or within 30 days
of the last hearing if the matter is heard in more than one hearing,
Borough Council shall make an adjudication which shall include written
findings of fact and conclusions of law, together with an order, based
upon findings of fact and conclusions of law;
(4)
The adjudication and order may contain provisions requiring the subject
building, structure or property to be brought into compliance with
this article or may contain such other directives as the Borough Council
shall deem appropriate in order to protect the public health, safety
and welfare;
(5)
The adjudication and order shall be served upon all parties or their
attorney of record by U.S. First Class Mail, postage prepaid and service
shall be complete upon the posting of the same in the U.S. Mail; and
(6)
Any appeal of the adjudication and order issued by Borough Council
shall be filed with the Court of Common Pleas of Mifflin County within
30 days after service of any such adjudication and order.
In the event the owners or occupants or possessors of a building,
structure or real property fail or refuse to take action in accordance
with the notice(s) and order(s) issued pursuant to this article, the
Borough Council may provide the signage, as necessary, in order to
bring the building, structure or property into compliance with the
standards promulgated in this article. The Borough may recover the
cost of materials and labor for the purchase and installation of signage
from the owner, occupants or possessors of the building, structure
or real property together with reasonable administrative fees, interest
or other charges allowed by law. In the event the owners, occupants
or possessors of the subject building or real property fail to pay
the cost of such installation as determined and approved then the
owner or occupant or possessor of the building, structure or property
shall reimburse the Borough, upon demand, within 30 days of receipt
of invoice thereof, for all costs incurred by the Borough hereunder.
If not paid within said thirty-day period, the Borough may file a
municipal claim and enter a municipal lien against the property per
the law in relation to Municipal Claims, 53 P.S. § 7101
et seq., as amended, and as amended from time to time, in the amount
of such costs, or may proceed to recover its costs through proceedings
in equity or at law as authorized under the provisions of The Borough
Code, 8 Pa.C.S.A, § 101 et seq., as amended, and as it may
be amended from time to time, and/or otherwise per law.
Any person who shall be found to have engaged in the prohibited
unlawful conduct as set forth in this article or who shall be found
to have violated this article or who shall willfully fail to comply
with any notice and order to comply with the street naming or address
numbering requirements of this article shall be guilty of a summary
offense and shall upon conviction before a Magisterial District Judge
be sentenced to pay a fine of no less than $100 and no more than $300,
together with court costs and reasonable attorneys' fees and,
upon default thereof, shall be sentenced to imprisonment for not more
than 30 days. Each day's violation constitutes a separate offence.
The Borough by means of a complaint in equity may compel the
owner, and, if applicable, the occupant or possessor of the building,
structure or property to comply with the terms of any notice and order,
or otherwise seek any such relief as any court of competent jurisdiction
is empowered to afford.
The imposition of the remedies or penalties herein prescribed
are not exclusive, but, on the contrary, they are cumulative and the
exercise of one remedy or penalty shall not preclude the Borough from
instituting any appropriate action in law or in equity or otherwise
to restrain, correct or abate any violation or conduct.
The proper officers of the Borough are hereby authorized to
take necessary and appropriate action to establish, implement and
enforce the standardized system of building and property address numbering
and street/road/alley naming and sign placement as provided for in
the article and to comply with the requirements of the automatic location
information needs of the Mifflin County GIS Department or its successor
department.
