[Adopted 11-5-2015 by Ord. No. 571]
This article pertaining to the maintenance, care, custody and control of alleys within the Borough is not intended to supersede general parking regulations, emergency services ordinance, stormwater ordinances, property maintenance requirements, or construction standards within the Borough. To the extent that this article conflicts with any provision of any other ordinance, then the stricter requirements shall apply. Further, all alleys within the Borough, unless vacated by specific ordinance or court order, shall remain public thoroughfares open to the public.
Certain alleys contain utilities owned and operated by the Borough for the health, safety and welfare of all residents within the Borough, including but not limited to sewage conveyance lines and stormwater facilities. The location of such alleys is attached hereto on a map of the alleys within the Borough as Exhibit "A."[1]
[1]
Editor's Note: Exhibit "A" is on file in the Borough offices.
A. 
The Borough shall take responsibility for repair and maintenance of alleyways that include Borough utilities such as water, sewer or storm sewer systems as depicted on Exhibit "A." Such maintenance obligations include maintaining of Borough utilities lying within said alleyways, repairs of the surface of said alleys and general maintenance of the same. Such repair and maintenance obligations shall be limited to structural changes and may not include snow removal in said alleys during snow events.
B. 
The Borough shall not take any responsibility for maintenance and repair of alleyways that do not include any Borough utilities such as water, sewer or storm sewer unless such repair and/or maintenance takes place pursuant to the emergency provisions of this article.
Due to the width, existing conditions and design of alleys the Borough does not perform winter maintenance on unimproved private alleys.
A. 
Property owners, either individually or as a group, on either side of the alleys within the Borough, except those described in § 404-34 above, shall be charged with full maintenance and repair responsibilities of adjoining alleys. At no time shall any property owner block, or cause to be blocked, alleyways from neighbors, the Borough or emergency providers. Blocking of alleys may include the parking of vehicles or property or poor maintenance that results in the inability to pass onto said alleyway.
B. 
In the event that an alley falls into disrepair so as to cause a nuisance or hazard to the health, safety and welfare of the residents of the Borough of Kenhorst, or its emergency providers, the Borough shall provide notice to perform such repairs in the same manner as set forth by the Borough's Property Maintenance Code Ordinance.[1]
[1]
Editor's Note: See Ch. 341, Property Maintenance, Art. III, Adoption of Standards.
C. 
In the event that property owners do not perform the necessary repairs as set forth in the notice described in Subsection B of this section, then the enforcement and penalty provisions set forth in the Property Maintenance Code shall be followed by the Borough.
At any time the Borough may enter into any alley set forth on the Borough's Official Alley Map to install and/or maintain borough improvements and/or utilities without the need to acquire such property or file an eminent domain action.
A. 
Property owners on either side of the alley may undertake maintenance and repair of alleys upon the issuance of a permit for such repair by the Borough. Such permit may include a requirement to demonstrate the nature of the repairs and to ensure that such repairs do not impact stormwater flows within the Borough. Such permit may be acquired from the Borough and shall set forth the nature and extent of repairs anticipated by private property owners within alleyways.
B. 
Such repairs shall at all times comply with Chapter 398, Stormwater Management, and shall not be designed to cause flooding or the alteration of water courses from alleys.
C. 
Such alley repairs must comply with grades and construction requirements for private roadways not to be dedicated to the Borough, including grade and construction materials. All repairs and/or maintenance shall be for the entire width of the alleyway as set forth on the Borough's alley map and/or officially recorded alley describing in and for the office of recorder of deeds for Berks County based upon Borough approval or bona fide and unappealed quiet title action.
D. 
Alley repairs and/or maintenance shall not be undertaken which adversely affects the quality of life of neighbors or a permanent and ongoing nuisance.
E. 
At no time shall any person perform repairs on such alleys that impede another property owner's driveway or access.
F. 
Drainage ditches located within any Borough alley shall be maintained so as not to impede the flow of stormwater.
G. 
The Borough shall have up to 30 days to administratively review permits for the construction, maintenance or alteration of alleyways. Such review shall include review by any necessary professional staff member of the Borough including the Borough's engineer, solicitor, code officer or road foreman. The permit applicant shall reimburse the Borough for all professional fees and administrative expenses associated with the review of such permit in the manner set forth by the Municipalities Planning Code[1] as it pertains to land development plan review fees and appeals processes. At the conclusion of the administrative review, such permits shall be approved or denied and executed by the Borough Manager.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H. 
Such permit review shall include a review for the compliance with the ordinances of the Borough of Kenhorst and the laws of the Commonwealth of Pennsylvania.
I. 
From time to time the Borough shall prescribe permit and/or permit application fees by resolution of the Borough Council.
J. 
Repairs and/or maintenance of alleys within the Borough shall not constitute a hazard or danger to any other property owner within the Borough.
In the event that an emergency repair that impacts the health safety and welfare of neighboring property owners or presents a dangerous situation, the Borough has the right, but not the obligation, to perform such repairs or contract for the performance of such repairs. In the event that the Borough undertakes such obligation in alleys where no public utilities are located, the affected property owners shall be invoiced for such repairs. In the event that such invoices are not paid within 30 days of the mailing of such invoice, the Borough may file a municipal lien against those property owners who have not paid such invoices which shall include any charges permitted by law.
In the event that a property owner, or group of property owners, fails to perform alley repairs or fails to obtain the appropriate permit, or fails to comply with permits issued under this article, that property owner/owners, shall receive enforcement notices, citations, fines and or penalties as established in the Borough's Property Maintenance Code Ordinance.[1] All notice provisions set forth in said ordinance, including penalties, enforcement requirements, condemnation requirements and notice provisions of the Borough's Property Maintenance Code Ordinance shall be incorporated herein as if more fully set forth.
[1]
Editor's Note: See Ch. 341, Property Maintenance, Art. III, Adoption of Standards.