All premises fronting on any Borough road, county road or state
highway shall be cleared of litter and other traffic-generated debris
from a point beginning at the edge of the roadway to the right-of-way
line inward therefrom for the entire length of tract fronting the
road. To the extent allowed by law, the Chief of Police or other authorized
official shall make available to the property owners of such lands
along such roadways persons sentenced to perform community service
for the purpose of performing such cleanups.
All persons building any single housing unit, not in a development,
and any person remodeling, renovating or adding on to any existing
structure shall comply with the following standards.
A.
Broken glass, sharp metal scraps and any other material capable of
inflicting a serious cut or wound due to its inherently dangerous
condition shall be containerized immediately and shall not be placed
on the ground or stored in places readily accessible to children.
B.
All persons subject to this section shall conduct their operations
with due regard to the presence of minor children in their vicinity.
They shall provide advance warning to parents of minor children on
adjoining properties of any hazardous operations, such as the use
of heavy equipment, the use of tree felling equipment, the excavation
of trenches or other inherently dangerous procedures such that the
parents may employ proper safeguards. Methods of advance warning shall
be documented, reviewed and approved by the Chief of Police and the
Property Maintenance Officer prior to implementation.
All persons or other business entities charged with developing
any tract of land for residential purposes, which development involves
the construction of new streets, shall be subject to the following
standards while construction continues:
B.
All streets in any development that are regularly used as a means
of access for residents shall be cleared of debris by sweeping or
other means that will remove the loose stones, mud, accumulations
of dirt or sand, hay, construction debris or similar matter on an
as-needed basis but at least once every 30 days.
C.
Any undeveloped lot adjoining a developed lot, which has substantially
all trees and shrubs removed, shall be cleared at least monthly of
weed growth over six inches.
D.
All barriers erected to control erosion or flow of debris into sanitary
sewers shall be cleared of debris and restored to their original condition
at least once every 30 days. All plastic film barriers shall be restacked
and restored to their original condition once every 30 days.
E.
Until sidewalks are installed to provide a continuous path, all developers
shall provide a safe passageway for children within the development
that does not require them to travel in the roadway. At a minimum,
the developer shall provide a clear, continuous path across the front
of all lots on one or both sides of the street which shall be free
at all times of construction materials, construction equipment, rocks
of a diameter greater than two inches, surface conditions that present
an unreasonable risk of tripping or falling, weeds or grasses higher
than six inches. Such path shall be at least four feet wide and the
path shall have a surface of either hay, grass, bark, wood chips or
stone.
F.
Snow and ice removal by developers of multiunit developments.
(1)
The developer shall remove snow and ice from streets within the development
when accumulation reaches three inches or greater. Snow and ice must
also be removed from any and all fire hydrants within the development.
Snow and ice removal must occur within eight hours after the same
has fallen or has formed thereon.
(2)
The developer shall file with the Borough of Berlin, the name of
the contractor to be employed and proof that the contractor is adequately
insured.
(3)
Failure to remove ice and snow within the requisite period of time shall result in penalties provided by § 246-17 of this chapter. Additionally, should the snow and ice not be removed within the eight hours after same has fallen or has formed thereon, the municipality may provide for the removal of same. The cost of removal of such snow and ice by the municipality shall be certified by the governing body of the municipality. The governing body shall examine such certificate such certificate and, if found to be correct, shall cause such cost to be charged against such real property, and the amount so charged shall thereupon become a lien and a tax upon such real property and be added to and be part of the taxes collected with interest in the same manner as other taxes, and/or be made a billing on developer's escrow account and/or bonding requirements.
(4)
The provisions of this section shall be applicable only to the owner
or developer of real property on which there has been constructed
a multiple dwelling housing development containing three or more units
of dwelling space which are occupied or are intended to be occupied
by three or more persons who live independently of each other.
A.
No person shall discharge or direct water from his or her premises
onto the property of another, except incident to lawn or garden watering,
without the express permission of another.
B.
No person shall direct the flow of rainwater collected by rain gutters
onto an adjoining premises.
C.
No person shall alter the contour of the land so as to materially
increase the flow of surface water onto an adjoining premises. Any
person violating this section shall be ordered to restore the altered
land to its original condition.
