As used in this article, the following terms shall have the
meanings indicated:
AGREEMENT
A duly executed agreement between the Borough and all parties
owning land adjacent to any right-of-way of any road, and it shall
be in the form attached hereto, marked Exhibit "A" and made a part
hereof.
BOROUGH OFFICER
The Manager, Assistant Manager, Code Enforcement Officer
or Engineer employed by the Borough, as designated by Borough Council.
CARTWAY
The improved road surface of any road, excluding the contiguous
paved curbing, if any.
IMPEDIMENT
Any fence, wall, tree, shrub, growing object, post, boulder,
retaining wall, driveway entrance or other object placed, planted,
growing or constructed within the right-of-way of any road.
OBSTRUCTION
Any impediment, whether natural or man-made, which adversely
affects the convenient use of the public right-of-way or constitute
a public nuisance or safety hazard. Determination of the existence
of an obstruction shall be based on prevalent traffic volume, prevalent
speeds, speed limits, sight lines, road grades, road curves, curbing,
use of guardrails, other similar information and current safety standards
published by AASHTO (American Association of State Highway and Transportation
Officials).
PERMISSIBLE SHRUBBERY
Shrubbery which will not seriously impede the forward progress
of moving vehicles and will not impede the view of travelers either
on the roadway or on intersecting driveways or roadways.
ROAD
As this term is defined in the Subdivision Ordinance (Chapter
380).
Except as otherwise provided herein, no person shall permit
any impediment to be placed or to remain on or adjacent to such person's
property.
Any party wishing to create a new impediment may request the
Borough to have the Borough officer make a written ruling as to whether
or not an existing or a planned impediment will constitute an obstruction.
In the event the Borough officer rules that a proposed impediment
will not constitute an obstruction, the Borough will offer to enter
into an agreement with such person.
Nothing contained herein is intended to repeal or supersede other ordinances relating to the subject matter hereof, including, but not limited to, fences and other applicable provisions of the Zoning Ordinance (Chapter
400). Nothing contained herein is intended to grant any property rights nor to constitute an agreement or understanding with respect to the Borough's right to use or regulate its rights-of-way or any landowner's rights to use the same; the Borough fully retains its rights with respect to such rights-of-way, including enforcement of easement rights and its right to require removal of impediments.