The following words, when used in this article, unless the context
clearly indicates otherwise, shall be defined as follows:
CODE ENFORCEMENT OFFICER
The person and/or firm appointed to enforce this article
and various other Township ordinances, resolutions, regulations, etc.,
by the Commissioners of the Township of Muhlenberg.
COMMISSIONERS
The Board of Commissioners of the Township of Muhlenberg.
CONSTRUCT or RECONSTRUCT
To originally build or fabricate and/or to repair/repave
or replace any curb, sidewalk, driveway entrance, gutter or drain
with the approved materials set forth in this article to new or like-new
condition, as determined by the Township.
DIRECTOR
The person appointed by the Township in charge of the Engineering
and Codes Department, who shall have designated supervisory and delegation
duties, including the maintenance procedures and services for Township
streets, curbs, sidewalks, storm sewers and related rights-of-way.
ENGINEER
The person and/or firm appointed to perform or render professional
engineering services to the Township of Muhlenberg.
IMPROVEMENT
For the purposes of this article, a curb, sidewalk, driveway
entrance, gutter or drain.
PAVE or REPAVE
To lay or cover broken, deteriorated or damaged curbs, sidewalks,
driveway entrances, gutters or drains with approved materials set
forth in this article to a new or like-new condition, as determined
by the Township, which shall include but is not limited to construction
or reconstruction.
REPAIR
To construct, reconstruct, replace or restore unaligned,
broken, deteriorated or damaged curbs, sidewalks, driveway entrances,
gutters or drains with the approved materials set forth in this article
to new or like-new condition, as determined by the Township.
REPLACE
To construct, reconstruct, pave, repave, repair or restore
any unaligned, broken, deteriorated or damaged curbs, sidewalks, driveway
entrances, gutters or drains with approved materials set forth in
this article to a new or like-new condition, as determined by the
Township.
SIDEWALK AREA
The area between the street curbline and the right-of-way
line of a street as shown on recorded subdivision plans, as shown
on the topographical survey and revisions thereto of the Township,
or as established by ordinance.
STREET
As defined in Chapter
310, Subdivision and Land Development, of the Code of the Township of Muhlenberg. It includes street, avenue, boulevard, road, highway, expressway, thoroughfare, court, lane, alley and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Included is all the land between the street right-of-way lines, whether improved or unimproved. Streets may comprise pavement, shoulders, gutters, sidewalks, division strips or other areas within the street right-of-way lines.
TOWNSHIP
The Township of Muhlenberg, Berks County, Pennsylvania.
Any person, firm or corporation grading any sidewalk areas;
constructing or repairing any curbs, gutters, sidewalks, curb ramps
or driveway entrances; removing any trees or shrubbery; opening or
excavating in or under any streets, alleys or sidewalk areas; or storing
or depositing materials on any streets, alleys or sidewalk areas shall
place suitable signs, barriers and/or lights so as to protect the
users of streets, alleys or sidewalk areas in the vicinity thereof
from injury to person or property. In the event that the Code Enforcement
Officer or Director directs the person, firm or corporation conducting
the work to place a certain type and/or quantity of signs, barriers
or lights in a certain manner, said person, firm or corporation shall
promptly comply with such direction. If work is being performed in
or along any state highway located in the Township of Muhlenberg,
a highway occupancy permit shall be obtained from the Pennsylvania
Department of Transportation (PennDOT) prior to the start of any construction.
All PennDOT regulations shall be followed regarding traffic control
devices while construction is being done in or along any state highway.
Any person, firm or corporation applying for any permit under
this article shall indemnify the Township of Muhlenberg against all
liability of whatever nature arising during the performance of work
or as a result of work for which a permit is granted, whether or not
said liability arises as a result of the negligence of the person,
firm or corporation to whom the permit was issued.
Notwithstanding anything hereinabove set forth, whenever the provisions of this article shall be inconsistent with the provisions of the subdivision and land development regulations of the Township of Muhlenberg (Chapter
310 of the Code), as from time to time are in effect, and the provisions of said subdivision and land development regulations are applicable in a particular situation and are more restrictive or contain more stringent requirements than are set forth in the within article, then in such event the provisions of said subdivision and land development regulations shall prevail.
Any determination under this article, including actions on requests
for waivers or requests for relief from compliance, by the Code Enforcement
Officer and Director may be appealed to the Commissioners within 30
days of such a determination. Any appeal must be in writing. The Commissioners
shall hear any such appeal at the next regularly scheduled public
meeting of the Commissioners if the appeal is submitted to the Township
Secretary in writing at least 15 days prior to such regularly scheduled
public meeting; otherwise, the appeal shall be heard at the following
regularly scheduled public meeting. The Commissioners may continue
the hearing to subsequent meetings for additional time to gather or
provide additional information on an as-needed basis. After the hearing
is concluded, the Commissioners shall issue a written determination
as to any appeal within 15 days.
Any ordinance or article of an ordinance conflicting with this
article is hereby repealed insofar as the same is inconsistent with
this article.
In the event that any provision, section or clause of this article
shall be held to be invalid, such invalidity shall not affect or impair
any remaining provisions, sections, sentences or clauses of this article,
it being the intent of the Township of Muhlenberg that such remainder
shall be and remain in force and effect.