[Adopted 7-4-1981 by Ord. No. 74-80]
A.
Title. This article shall be known and may be cited
as the "Right-of-Way Encroachment Ordinance."
B.
Purpose. It is the purpose of this legislative enactment
to promote, preserve and protect the health, safety and general welfare
of the present and future inhabitants of the Municipality by providing
reasonable regulations relating to the utilization of that portion
of public rights-of-way between the edge of the traveled roadway or
the back of the curb and the right-of-way line, as hereinafter set
forth, to provide for the promotion of traffic safety and the orderly
movement of traffic and to provide for the adequate and proper maintenance
of public streets and rights-of-way.
A.
The words and terms defined, interpreted or further
described in this article shall be construed as follows:
(1)
The particular controls the general.
(2)
The present tense includes the future tense.
(3)
Words used in the singular number include the plural,
and words used in the plural number include the singular, unless the
context clearly indicates to the contrary.
(4)
The word "shall" is mandatory, the word "may" is permissive,
and the word "should" is advisory.
(5)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
B.
CHARTER
CHIEF ADMINISTRATOR
CODE ENFORCEMENT OFFICER
DIRECTOR OF ENGINEERING
DIRECTOR OF PUBLIC WORKS
EDGE OF STREET
PLANTING
RIGHT-OF-WAY AREA
STREET RIGHT-OF-WAY LINE
As used in this article, the following terms shall
have the meanings indicated:
The Home Rule Charter of the Home Rule Municipality of Murrysville,
as the same may be amended from time to time.
The person appointed to that position, pursuant to Article
XI of the Charter, empowered with the duties and responsibilities
of administration of all municipal business except as otherwise provided
by applicable law.
The person appointed to that position by the Council, empowered
with the duties and responsibilities related to the enforcement of
various codes and ordinances of the Municipality.
The professional engineer appointed to that position who
is licensed by the Commonwealth of Pennsylvania to practice engineering
and is knowledgeable in the branch of civil engineering and who is
responsible for direction of all municipal engineering activities.
The person appointed to that position empowered with the
duties and responsibilities relating to the construction and maintenance
of all municipal-owned and controlled property.
The edge of the traveled way for a street or a road. This
shall be further defined as the back of the curb for curbed streets,
and the edge of the shoulder or improved surface for streets or roads
without curbs.
Any single plant or group of plants other than grass, including
trees, shrubs and flowers that have been placed for ornamental, decorative,
screening or erosion- or slope-stabilization purposes within the right-of-way.
"Plant" shall mean any member of the vegetable group of living organisms,
including trees.
The area encompassed within the bounds of a dedicated and
accepted municipal right-of-way.
A common boundary between private property and a dedicated
and accepted street or alley.
For the purpose of this article, the portion
of right-of-way between the edge of the street and the street right-of-way
shall be controlled in accordance with Table 1 herein attached[1] for the safety of the traveling public. Specifically,
line of sight considerations shall be of utmost importance at intersections
and at other points, such as horizontal or vertical curves, sags or
crests.
A.
Publicly maintained roads shall be controlled as stated
above.
B.
Private roads intersecting with public roadways shall
be controlled at the intersection in accordance with Table 1.
C.
Driveway entrances shall be kept open and clear of
objects to the extent necessary for safe sight distance so that the
driver is visible to oncoming traffic and the vehicle is not over
the edge of the street in a stopped position as the driver checks
for oncoming traffic.
[1]
Editor's Note: Table 1 is on file in the municipal
offices.
No person shall cause or permit the enlargement,
improvement or replacement of any object within the right-of-way which
would alter or restrict the flow of an existing or hereinafter installed
storm drainage system, including but not limited to filling of berm
ditch lines, blocking or plugging of driveway pipes, culverts or storm
sewers.
No encroachment of whatever nature or kind shall
be permitted within the right-of-way area other than as authorized
in this article.
A.
Existing conditions. The Code Enforcement Officer(s)
shall review all existing conditions brought to his attention within
the right-of-way that present or constitute a concern of line of sight
hazard or safety concern to the traveling public.
(1)
Where said condition does present sight distance hazard
or safety concern to the traveling public, the Code Enforcement Officer
shall take steps to have said situation corrected to the extent possible
for safety, as defined herein. Said steps may include but need not
be limited to moving of plant growth, trimming of trees to six feet
from grade and removal of plants only if necessary.
[Amended 12-16-1991 by Ord. No. 305-91]
(2)
Any existing condition(s) which are not deemed a sight
distance hazard or safety concern by the Code Enforcement Officer
may be maintained in their current state. The property owner(s) or
leaseholder shall so be advised of the decision and the maintenance
requirements to maintain compliance with the provisions of this article.
(3)
No existing condition shall be rebuilt or replaced
except in compliance with the provisions of this article.
B.
New conditions. The Code Enforcement Officer shall,
from the effective date of this article, be empowered to enforce the
provisions of this article for placement of any object within the
right-of-way.
C.
Notice. Upon determination that a violation of the
provisions of this article exists, the Code Enforcement Officer shall
serve written notice to the owner and/or occupant of any property
abutting such street or roadway thereof. Within 10 days of receipt
of this notice, the condition shall be corrected.
D.
Remedies.
(1)
In the event that the Code Enforcement Officer notifies
the Chief Administrator of a condition that presents an immediate
hazard to vehicles or pedestrians as defined herein, the Chief Administrator
shall be empowered to take immediate steps to have the same corrected
by municipal forces to the extent necessary to abate the hazard.
(2)
In the event that the occupant or owner of such property
shall neglect, refuse or fail to remove such obstruction within the
time limit specified herein and after exhausting all other methods
provided herein, the Mayor of the Municipality, after notifying Council
at its next regular meeting, may cause the same to be done at the
expense of the Municipality, and the Municipality shall collect such
expenses and any additional sums authorized by law, together with
10% of said costs, from the occupant or owner of such property. The
Municipality may file a municipal claim against the premises to recover
said costs, plus 10%, or bring an action in assumpsit. The Mayor of
the Municipality may also, in addition to the above, direct the filing
of a bill in equity to enforce these provisions and enjoin any act
to recover any expenses incurred by the Municipality.
A.
Normal operations of the Municipality of Murrysville
Public Works Department or other public utilities may require work
in the right-of-way area outside the pavement or curb, i.e., street
and regulatory signs, storm drainage, installation or maintenance,
sanitary sewer or waterline work, etc. If this work requires the removal
of objects or plantings within the right-of-way area, removal of these
objects, upon notification by the Municipality of Murrysville, and
their restoration shall remain the sole responsibility and at sole
expense of the adjacent property owner.
B.
The Municipality of Murrysville shall not be responsible
for the removal, restoration of or damage to any item within the right-of-way
when said damage is the result of normal maintenance activity of the
Department of Public Works or incident to and arising out of any legislative
action of the Municipality.
The Municipality, by permitting items within
the right-of-way, does not confer any vested right to the adjacent
property owner and retains its sole rights to ownership and/or sole
control of the right-of-way. The Municipality reserves the right to
direct an abutting property owner and/or occupant to remove all or
any part of an encroachment within the right-of-way area erected,
constructed or maintained, pursuant to the authority conferred under
this article, said removal to be without compensation or payment of
damages.
Any person, partnership, association, firm or
corporation who shall violate any of the provisions of this article
shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of not less than $25 and not more than $300 and cost
of prosecution and, in default of payment of such fines and costs,
to imprisonment for not more than 30 days, provided that each day's
continuance of a violation, after a notice thereof, shall constitute
a separate offense, and provided, further, that the penalty imposed
under this section may be in addition to any expenses and penalties
in connection therewith authorized to be collected under the preceding
section of this article.
[Added 12-16-1991 by Ord. No. 305-91]
Fees required to be paid to the Municipality with regard to the provisions of this article shall be as set forth in Chapter 112, Fees.
