[Ord. 2010-12, 12/2/2010, Art. II]
1.
BUFFER YARD
CURB
GUTTER
OWNER
PATHWAY
RIGHT-OF-WAY, EXISTING
RIGHT-OF-WAY, ULTIMATE
SIDEWALK
STREET TREE
SWALE
TOWNSHIP
Unless otherwise expressly stated, the following words shall, for
the purpose of this Part, have the meaning herein indicated. The present
tense shall include the future; the singular number shall include
the plural; words used in the masculine gender shall include the feminine
and the neuter; the word "shall" is always mandatory; the word "may"
is always permissive.
A continuous open space or landscaped area that may include
fences, walls, berms or any combination thereof used to physically
separate or screen one use or property from another so as to visually
shield or block noise, lights or other nuisance.
[Added by Ord. No. 2021-05, 10/7/2021]
A raised line of concrete, stone, or asphalt at and/or forming
the edge of the paved cartway.[1]
A concrete or stone ditch constructed along the edge of a
cartway or between the cartway and the curb used to carry surface
water runoff.
The legal owner or owners of land within the Township, including
a lessee, if he/she is authorized under the lease to exercise the
rights of the legal owner, or other person having a proprietary interest
in the land, but not including the Township.
[Amended by Ord. No. 2021-05, 10/7/2021]
A paved public path for pedestrian and bicycle travel alongside
a street or alley or reverse frontage property, usually constructed
of asphalt.
[Added by Ord. No. 2021-05, 10/7/2021]
The legal right-of-way as established by the Commonwealth
of Pennsylvania or other appropriate governing authority and currently
in existence.
A path for pedestrians alongside a street or alley, usually
constructed of concrete, stone, or brick.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Lower Macungie Township, Lehigh County, Pennsylvania.
[1]
Editor's Note: The former definition of "bikepath/pedestrial
walkway," which immediately preceded this definition, was repealed
by Ord. No. 2021-05, 10/7/2021.
2.
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. 2010-12, 12/2/2010, Art. II]
1.
Owners of real property abutting any curb, sidewalk, pathway, or
gutter shall keep same free of refuse, debris and vegetation. Owners
of real property abutting any swale shall keep same free of refuse
and debris and shall properly maintain vegetation in the swale. Such
care and maintenance shall be undertaken to ensure that all sidewalks
and pathways remain passable by pedestrians, and that all swales and
gutters permit the unrestricted flow of stormwater.
[Amended by Ord. No. 2021-05, 10/7/2021]
2.
Owners of unwooded, developed real property within the Township shall
maintain their properties up to the edge of the cartway of all adjacent
streets and alleys with well-maintained gardens or properly trimmed
grass.
3.
Owners shall maintain all curbs, sidewalks and pathways within or
adjacent to their property without breaks, irregular surfaces, or
missing parts, and shall promptly repair or replace curbs, sidewalks
and pathways, when such breaks, irregular surfaces or missing parts
occur.
[Amended by Ord. No. 2021-05, 10/7/2021]
4.
Owners shall maintain all street trees within or abutting their property
to ensure that they are free of damage and disease, and shall not
create a risk of harm to passersby. Owners trimming and/or maintaining
street trees must take all proper precautions to protect the public
from these activities. Where street tree maintenance will possibly
affect the safe use of a public street, the area affected shall be
cordoned off and the Township's approval of such work and street closure
shall be obtained.
5.
No street trees may be removed by an owner unless such trees are dead, diseased, or at risk of collapse, and only then upon receipt of a tree removal permit from the Township. Any street tree removed from a property in the Township shall be replaced by the owner of the property within six months of such removal (unless ordered to act more promptly pursuant to § 21-407 of this Part). All replacement trees shall be of a size and species required by the Township Subdivision and Land Development Ordinance [Chapter 22] for street trees and shall be approved by the Township. Prior to removing or replacing street trees, an owner shall apply for and receive a permit from the Township for this work. There shall be no fee for this permit.
6.
With the exception of leaves on public streets during autumn, no
debris may be thrown onto or into public streets, sidewalks, pathways,
swales, gutters, or storm sewer facilities.
[Amended by Ord. No. 2021-05, 10/7/2021]
[Ord. 2010-12, 12/2/2010, Art. II]
1.
Owners of property abutting any sidewalk, pathway, swale, or gutter
shall keep same free of ice and snow such that all swales and gutters
shall, at all times, be unobstructed and all sidewalks shall be cleared
of snow and ice and passable by pedestrians within 48 hours of completion
of each snow event. No owner shall be responsible, however, for cleaning
snow and ice from pathways which do not abut streets or alleys or
are completely physically separated from the remainder of the owner's
property by a buffer yard.
[Amended by Ord. No. 2021-05, 10/7/2021]
2.
No snow or ice shall be plowed, pushed, thrown, or cleared from private
property onto a public street or a neighboring property.
3.
Violation of this section shall constitute a public nuisance which
may be removed by the Township without prior notice to the owner.
The cost of such work may be levied upon the owner, and upon nonpayment
for a period in excess of 30 days, the cost thereof may be assessed
as a lien, together with the cost of collection, and a reasonable
administrative charge, and may be collected from the owner as provided
by law.
[Added by Ord. No. 2021-05, 10/7/2021]
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
The Township may require owners of property abutting any street
or alley, including state highways, to construct, pave, repave, and
repair sidewalks, pathways, curbs, swales, and gutters along such
property at such grades as may be prescribed by the Township Engineer
or Township representative, and under such regulations as may be prescribed
by the Board of Commissioners, and to maintain or replace missing,
dead, damaged, or diseased street trees. Prior to conducting such
work, an owner shall apply for and receive a permit from the Township
for this work. There shall be no fee for this permit.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
Where sidewalks, curbs or pathways are to be constructed, paved,
repaved, or repaired over swales, gutters, or excavations of any kind,
such sidewalks shall be supported by iron or steel beams, girders,
stone, or concrete arches. Any supports constructed of wood or other
material prone to decay, rot, or erosion shall be prohibited.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
All sidewalks, curbs, pathways, swales, and gutters shall be
constructed, paved, repaved, or repaired, upon the line and grade
obtained by the owner from the Township Engineer or Township representative,
following application by the owner to the Township for all necessary
permits. There shall be no fee for these permits.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
Any notice from the Township to an owner to construct, pave,
repave, and repair sidewalks, curbs, pathways, swales, or gutters
or to maintain or replace street trees shall grant the owner 90 days
to comply with said notice in conformity with any construction specifications
prescribed by the Township Engineer or Township representative. No
work shall be conducted without a permit, and there shall be no fee
for such permit.
[Ord. 2010-12, 12/2/2010, Art. II]
At any time during the performance of the required work, the
Township Engineer or Township representative may inspect the work
to determine whether construction specifications are being observed.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
Upon the failure or refusal of any owner to timely construct,
pave, repave, or maintain any sidewalk, curb, pathway, swale, or gutter
or to maintain or replace street trees in compliance with a Township
notice to do so, the Township may do the same or cause the same to
be done, and may levy the cost of this work, together with the cost
of collection, and a reasonable administrative charge, on the owner
as a property lien to be collected as provided by law.
[Ord. 2010-12, 12/2/2010, Art. II]
Where, in the opinion of the Township, a dangerous condition
exists that must be repaired, the Township shall send the owner of
the property containing this condition a notice by registered or certified
mail stating emergency repairs are required. Upon failure of such
owner to comply with the notice within 48 hours after receiving it,
the Township may make the required emergency repairs, and levy the
cost of this work, together with the cost of collection, and a reasonable
administrative charge, on the owner as a property lien to be collected
as provided by law.
[1]
Editor's Note: Former § 21-411, Removal of Ice and
Snow, adopted by Ord. No. 2010-12, 12/2/2010, was repealed by Ord. No. 2021-05, 10/7/2021.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. No. 2021-05, 10/7/2021]
Any owner not required by notice to construct, pave, repave,
or keep in repair sidewalks, curbs, pathways, swales, or gutters,
may construct, pave, repave, or repair the sidewalk, curb, pathway,
swale and gutter abutting his/her property, provided such owner shall
make application to the Township for a permit before commencing work,
shall obtain property grades from the Township Engineer or Township
representative before commencement of work, shall conform to the provisions
of this Part and other regulations as to specifications for construction
and repair work, and shall notify the Township Engineer or Township
representative no less than 48 hours before commencement of said work.
There shall be no fees charged for any Township permits issued in
conjunction with this work.
[Ord. 2010-12, 12/2/2010, Art. II]
1.
Owners of parkland, farm fields, undeveloped properties larger than
five acres, and residential properties larger than 10 acres are exempt
from complying with this Part.
[Ord. 2010-12, 12/2/2010, Art. II; as amended by Ord. 2011-12,
10/6/2011]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and attorney fees. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense. This penalty may be levied upon the owner, any tenant, and
any other occupant of the real property containing the violation subject
to the provisions hereof.
