[Adopted 8-3-1987 by Ord. No. 235[1]; amended in its entirety 8-17-2009 by Ord. No.
473 (Ch. 125, Art. II, of the 1982 Code)]
[1]
Editor's Note: The drawing setting forth typical sections
of curbs, sidewalks and driveways which was included at the end of
this ordinance is on file in the Township offices. This ordinance
also superseded former Art. II, adopted 12-6-1968 by Ord. No. 84,
as amended.
The following words, when used in this article, unless the context
clearly indicates otherwise, shall be defined as follows:
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.
The Board of Commissioners of the Township of Muhlenberg.
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.
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.
The person and/or firm appointed to perform or render professional
engineering services to the Township of Muhlenberg.
For the purposes of this article, a curb, sidewalk, driveway
entrance, gutter or drain.
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.
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.
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.
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.
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.
The Township of Muhlenberg, Berks County, Pennsylvania.
A.
The grading of sidewalk areas
and the constructing and repairing of sidewalks, curbs, curb ramps
and driveway entrances along the streets of the Township of Muhlenberg
shall be done by the owner or owners of the lot or lots abutting thereon
in accordance with the lines and grades established by ordinance or
as shown on the topographical survey and revisions thereto of the
Township of Muhlenberg, and in accordance with details shown on a
plan of curb and sidewalk details adopted by resolution from time
to time by the Commissioners, a copy of which is made a part hereof,
and other copies thereof shall remain on file with the Township.
B.
It is hereby declared unlawful
for any person, firm or corporation to grade any sidewalk area or
construct or repair any curb within the Township except in compliance
with the provisions of this article.
C.
Any person, firm or corporation
desiring to grade any sidewalk area or desiring to construct or repair
any sidewalk, curb, curb ramp or driveway entrance shall first obtain
an application therefor from the Township. A permit shall be issued
by the Township only after the following conditions have been satisfied:
(1)
The filing of a written application
with the Township upon such form as may be approved by the Township
from time to time, setting forth the location, purpose and detailed
description of the improvements. A copy thereof shall remain on file
with the Township.
(2)
The approval of said application
by the Code Enforcement Officer.
(3)
The fee established in accordance
with the fee schedule adopted by resolution of the Township from time
to time shall be paid to the Township at the time of filing the written
application, which fee shall be the aggregate fee regardless of the
number of improvements set forth in the application.
(4)
In all cases of new construction
of any curb or in the case of any other type of improvement when requested
by the applicant, the Township Engineer, if he or she deems it necessary,
shall furnish the applicant with necessary lines and/or grades,
(5)
A permit shall be effective
for a period of 90 days from the date of issuance and may, prior to
expiration of the original or renewal period, be renewed by the Code
Enforcement Officer for a period of 90 days upon the submission of
an application for renewal and payment of the renewal fee in accordance
with the fee schedule for each 90 days by the person, firm or corporation
to whom or which the original permit was issued, provided that the
original permit was issued, and provided that the reference points
have not been disturbed or destroyed. When reference points have been
disturbed, they shall be reestablished at the applicant's expense.
(6)
Notification shall be given
to the applicant that all work for which a permit is required shall
be inspected throughout the time of construction by the Code Enforcement
Officer.
(7)
The applicant for a permit
for any improvements covered by this article shall state, in writing
on the application for permit, that he is thoroughly familiar with
all terms and provisions of this article.
D.
All sidewalk areas shall be graded,
and all sidewalks, curbs, curb ramps and driveway entrances shall
be constructed, reconstructed or repaired, in conformance with the
details and specifications adopted by the Board of Commissioners only
on the grades and lines as shown on the topographical survey and revisions
thereto of the Township and furnished by the Township Engineer, and
in accordance with the following provisions:
(1)
All sidewalk areas shall
conform to curb grades, except that the area shall have a one-fourth-inch
ascending pitch per foot measured from the outside curb face to the
right-of-way line of the street.
(2)
All separate curbs shall
be seven inches wide across the top, shall be eight inches wide beginning
at the point seven inches below the top of curb at gutter elevation,
and shall extend for a width of eight inches downward to a point 22
inches from the top of the finished curb.
(3)
Sidewalks shall be set back from the inside face of the curb in accordance with the pavement reservation width as shown on the typical sidewalk sections drawings adopted by resolution from time to time by the Commissioners, a copy of which is made a part hereof, and other copies thereof shall remain on file with the Township. In addition, where either a planting strip exists or no grass plot presently exists adjacent to existing sidewalk that is to be repaired or replaced, the Commissioners, by resolution, may direct that the planting strip area requirement be waived and that the width of the sidewalk area be reduced to such width as the Commissioners may deem necessary and appropriate under the particular circumstances. If a waiver under this subsection is requested as part of an application pursuant to the Subdivision and Land Development Ordinance (SALDO), Chapter 310 of this Code, then the Commissioners' action on such SALDO application will satisfy the requirements for approval and waiver in this subsection. No surface gutters are permitted on newly constructed sidewalks.
(4)
All drains, subsurface rainwater
conductors or roof drains shall be installed under the sidewalk area
and in accordance with the Plumbing Code, as amended from time to
time and adopted by the Township of Muhlenberg,[1] in accordance with the following standards:
(a)
The maximum drain size
shall be four inches' inside diameter.
(b)
Materials for drains shall
be Schedule 40 polyvinyl chloride (PVC) pipe.
(c)
Installation of said drains
shall be in such a manner that the invert of the drain shall be one
inch above the invert of the gutter flow line.
(d)
Over top of each drainpipe
that passes through the curb, two No. 3 rebars, one foot long and
having a fifteen-degree bend in the middle, shall be installed with
end pointing down and in such a manner to be equidistant from the
drain to the top of curb and also equidistant from the face of curb
and the rear of curb.
(5)
All sidewalks shall be four
feet in width; provided, however, that notwithstanding anything to
the contrary contained in this article, all sidewalks and curbs shall
conform as to width with the majority type of then-existing sidewalks
and curb in the same block.
(6)
When there is sidewalk/tree
root conflict, and when approved by the Township, the width of the
sidewalk may be narrowed to accommodate the flare of the tree root.
Any tree root larger than two inches in diameter that needs to be
cut must be approved by the Code Enforcement Officer before being
cut.
(7)
All sidewalks shall be constructed
with a minimum thickness of four inches of 3,000-psi concrete after
28 days' curing time with air entrainment equivalent to 5% plus or
minus 1%, with the exception of areas being used as driveways, which
shall have a minimum thickness of six inches. All sidewalks shall
have a four-inch base of clean three-quarter-inch crushed stone (AASHTO
No. 57 or PennDOT No. 2B). Expansion joints shall consist of a one-half-inch
preformed, nonextruding, resilient bituminous joint fill to be placed
the full depth at the sidewalk every 30 feet, and scored joints shall
be placed every four feet. Saw-cutting sidewalk for scored joints
is prohibited.
(8)
Areas of sidewalks that fall
within the limits of a commercial driveway shall have a minimum thickness
of eight inches and shall have six-inch-by-six-inch wire mesh installed
to handle the anticipated loading requirements. Fiber reinforcement
may be used as a substitute for wire mesh, as approved by the Township
Engineer.
(9)
All driveway entrances shall
have a depressed curb driveway entrance as shown on the plan of curb
and sidewalk details on drawings adopted by resolution from time to
time by the Commissioners, a copy of which is made a part hereof,
and other copies thereof shall remain on file with the Township.
(10)
No single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 16 feet, measured along the right-of-way line, except upon specific approval by resolution of the Commissioners. Such specific approval shall be given only when it is not contrary to the public interest and when, owing to special conditions, unnecessary hardship would result. The width of any single business, commercial or industrial driveway entrance shall not exceed 35 feet in width and shall be subject to the approval of the Commissioners. If work is part of an application pursuant to the Subdivision and Land Development Ordinance (SALDO), Chapter 310 of this Code, then the Commissioners' action on such SALDO application will satisfy the requirements in this subsection.
(11)
Driveway entrances shall
in no way impede the flow of stormwater runoff in the cartway area
of any street.
(12)
All concrete driveways
to be used for business, commercial or industrial uses shall be constructed
with reinforcing steel or fiber of a design adequate to handle the
proposed loading, and said design shall be subject to the approval
of the Director.
(13)
Step-down driveway entrances
shall include handicap access ramps as noted on the drawing adopted
by resolution from time to time by the Commissioners, a copy of which
is made a part hereof, and other copies thereof shall remain on file
with the Township.
(14)
All driveways shall be
constructed as follows:
(a)
Curb driveways shall
have the outside edge raised 1 3/4 inches above the flow line
of the gutter.
(b)
Depressed curb driveways
shall have a straight slope from the rear of the curb to the outside
edge of the sidewalk.
(c)
All driveways located
within the rights-of-way of public streets shall have a minimum of
six-inch depth of clean three-fourth-inch crushed stone (AASHTO No.
57 or PennDOT No. 2B).
(d)
All concrete used on
driveways within the rights-of-way of public streets shall be an ultimate
strength of 3,000 psi at 28 days' curing time and containing 5% plus
or minus 1% air entrapment by volume.
(e)
All driveways shall have
a finish equivalent to that of the adjoining sidewalk, while the finish
for curb radius and depressed curb shall be the same as adjoining
curbing.
(15)
Materials for construction
of concrete curbing shall be as follows: The concrete shall have a
3,000-psi compressive strength when cured for 28 days with an air-entrainment
equivalent of 5% plus or minus 1%. No concrete shall be poured in
freezing conditions. Expansion joints shall consist of one-half-inch
premolded, nonextruding, bituminous material to be used for the entire
depth of the curb and where the sidewalk meets the outside face of
curbing or wall, at a distance of 30 feet with scored joints every
10 feet. For slip-form curb (4,000 psi minimum), expansion joints
may be installed every 50 feet with scored joints every 10 feet.
(16)
If appropriate, the contractor
may request permission to construct curbing using slip-form methods.
Such request shall be submitted to the Township, in writing, outlining
the proposed details of the construction. Slip-form construction methods
may vary from standard poured-in-place curb construction with the
approval of the Director.
(17)
Where tree root conflict
exists in the curbline, with approval of the Director a metal plate
shall be installed as shown on the drawing adopted by resolution from
time to time by the Commissioners, a copy of which is made a part
hereof, and other copies thereof shall remain on file with the Township.
(18)
The top surfaces of sidewalks,
curbs, ADA curb ramps and driveway entrances shall receive a floated,
slip-resistant finish, and the finish tolerance shall be a true plane
within 1/4 inch in 10 feet. The exposed vertical surfaces of curbs,
curb ramps and driveway entrances shall be repaired of all honeycombed
and defective areas and shall receive a smooth-rubbed finish. This
finish shall be produced by wetting the surfaces and rubbing with
a carborundum brick or other abrasive until a uniform color and texture
are produced. The finishing shall be completed no later than 24 hours
after pour.
(19)
Immediately after finishing,
all concrete shall be cured by using either an approved, impervious,
light-colored plastic covering placed and maintained in contact with
the concrete surface, or an approved, impervious, light-colored liquid
curing compound sprayed on the concrete surface. The curing shall
be continued for at least five days.
(20)
The Director may reject
any concrete sidewalks, curbs, curb ramps and driveway entrances which
do not conform to the requirements of this article or the generally
accepted standards of the American Concrete Institute.
E.
On neglect or refusal of the
owner or owners of the abutting lot or lots to grade any sidewalk
areas, to construct and/or repair any sidewalk, to construct, set,
reset, repair any curb, curb ramp or driveway entrance within 30 days,
or such longer period as the Commissioners shall decide, after notice
so to do from the Commissioners by and through its proper officials,
the Commissioners shall cause the same to be done and shall collect
from said owner or owners of the lot or lots the cost thereof and
10% additional, together with all charges and expenses, and if payment
is not made, shall file a municipal lien therefor against such lot
or lots, shall bring an action in assumpsit against said owner or
owners for collection thereof, or shall pursue such other collection
processes as may be proper under the law.
F.
Sidewalk areas not graded or sidewalks, curbs, curb ramps and driveway entrances not laid in conformity with the provisions of this article and with the established grades and lines shown on the topographical survey and revisions thereto of the Township are hereby declared to be nuisances and must be taken up and regraded and/or relaid according to the provisions of this article within 30 days or such longer period as the Commissioners shall decide, after notice to the owner or owners so to do by the Commissioners, and upon failure of said owner or owners thereof to regrade said sidewalk area and/or relay said sidewalk, curb, curb ramp or driveway entrance within the time stipulated, the Commissioners shall cause the same to be done in the manner herein provided, and the Commissioners shall collect the cost thereof and 10% additional, together will all charges and expenses, from the owner or owners of the lot or lots in the manner provided in Subsection E above.
G.
No sidewalk, curb, curb ramp or driveway entrance heretofore laid with material or materials not described herein shall be permitted to be repaired, but whenever any such sidewalk, curb, curb ramp or driveway entrance becomes, in the opinion of the Commissioners, in a dangerous and/or deteriorated condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to replace the sidewalk, curb, curb ramp or driveway entrance with the material herein provided, and upon his, her, its or their failure to do so within 30 days after notice or such longer period as the Commissioners shall decide, the Commissioners shall cause the same to be done in the manner herein provided, and the Commissioners shall collect the cost thereof and 10% additional, together with all charges and expenses, from the owner or owners of the lot or lots in the manner provided in Subsection E above.
H.
In the case of concrete sidewalks,
in the event any concrete block thereof requires the replacement of
more than 20% of the total area of said concrete block, then said
concrete block in need of repair shall be replaced in its entirety;
provided, however, where any portion of such a concrete block is removed
for installation or repairs to utilities, then said block shall be
replaced in its entirety.
I.
Curb and sidewalk shall be constructed along the front of each lot within the Township on which a new building or structure other than a private garage is constructed where said lot adjoins a public street, road or highway. In the case of a corner lot, curbing and sidewalk shall be constructed along both the front of the lot and side of the lot adjacent to the public street, road or highway. The Commissioners may by resolution waive any or all of the requirements in this Subsection I if, in their opinion, said development is located in an area of the Township where curb and/or sidewalk is neither desirable nor necessary and in accordance with the appeals process set forth in § 303-37. Such curb and sidewalk shall be constructed within 60 days after such a new building or structure is completed and/or ready for occupancy.
A.
It is unlawful for any trees,
evergreens, hedges, plants or shrubbery to be planted by any person,
firm or corporation within two feet of the topographical building
line along any street or for any trees, evergreens, hedges, plants
or shrubbery to be planted by any person, firm or corporation in any
sidewalk area, in the prescribed planting strip areas between the
curb and sidewalk, whether the grass plot area exists in fact or whether
it is paved as an addition to the sidewalk. This shall not apply to
any trees, evergreens, hedges, plants or shrubbery presently so growing
as of July 1, 2009, but such plantings shall be removed at the direction
of the Director at the time of any adjacent sidewalk or curb replacement.
B.
Permissible plantings.
(1)
Shade trees may be planted
in the prescribed planting strip areas between the curb and sidewalk
only by the Township.
(2)
Grass and other plantings
not expressly prohibited by this section, by any other provision of
the Muhlenberg Code, or by state or federal law may be planted in
the prescribed planting strip area between the curb and sidewalk.
C.
Any trees, evergreens, hedges,
plants or shrubbery planted in violation of this section are hereby
declared to be nuisances, which create a hazardous or potentially
hazardous condition, must be removed within 30 days, or such longer
period as the Commissioners or their designated official shall decide,
after notice to the owner or owners of the respective lot or lots
of property so to do by the Code Enforcement Officer, and upon failure
of said owner or owners to accomplish this removal, the Commissioners
or their designated official shall cause the same to be done and shall
collect from said owner or owners of the lot or lots the cost thereof
and 10% additional, together with all charges and expenses, and if
payment is not made, shall file a municipal lien therefor against
such lot or lots or property or shall bring an action in assumpsit
against said owner or owners for collection thereof or shall pursue
such other collection processes as are proper under the law.
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.
A.
With respect to vertical curb
areas, all subsurface rainwater conductors shall be placed in such
a manner that the top of pipe will not be less than three inches from
the top of curb, with expansion joints placed vertically to the center
line of pipe.
B.
All individual home services
for public utilities (excluding gas services) shall be raised and/or
lowered to proper curb elevation by the person, firm or corporation
installing the concrete curb, curb ramps, driveways and sidewalks.
C.
All traffic signs removed during
construction of concrete curb, curb ramps, sidewalks and/or driveways
shall be replaced by the person, firm or corporation performing the
installation.
A.
It shall be the duty of the landowner(s)
of the land abutting upon any curb to keep such curb in repair and
condition that it may not be or become dangerous to the welfare and
safety of the traveling public.
B.
As directed by the Commissioners,
the Director or the Code Enforcement Officer shall inspect existing
curbing to verify that it is of adequate structural condition, proper
alignment and conformance with this article and other applicable ordinances.
C.
The Director or Code Enforcement
Officer shall inspect curbing along all streets which are scheduled
for the annual street improvements project.
D.
The Director or Code Enforcement
Officer shall mark areas of existing curbing to be removed and replaced;
official notices shall be given to the owner to complete the curb
replacement in accordance with this article.
E.
All inspected curbing must meet
the minimum criteria listed below or be replaced in order to come
into compliance.
(1)
The top, street-side edge
of curb shall be within one inch horizontally and vertically of the
curbline established on the Township topographic plan.
(2)
Each section of curbing must
be structurally sound and in one continuous unit.
(3)
The face of curb shall have
a one-inch batter from vertical, away from the street, beginning at
the gutter line.
(4)
Curbing shall not be out
of horizontal or vertical alignment by more than one inch.
(5)
Patching is only acceptable
by a method approved by the Director for minor damage to curb.
(6)
In the case of curbing, if
more than 20% of any scored section must be replaced, then the curb
shall be sawed and the entire section replaced, with expansion joints
placed at both ends of the section.
A.
It shall be the duty of the landowner(s)
of the land abutting upon any sidewalk to keep such sidewalk in repair
and condition that it may not be or become dangerous to the welfare
and safety of the traveling public.
B.
As directed by the Commissioners,
the Director or the Code Enforcement Officer shall inspect existing
sidewalks to verify that they are of adequate condition and in proper
alignment.
C.
The Director or Code Enforcement
Officer shall inspect existing sidewalks along all streets which are
scheduled for the annual street improvements project.
D.
The Director or Code Enforcement
Officer shall mark areas of existing sidewalks to be removed and replaced;
official notices shall be given to the owner to complete the sidewalk
replacement in accordance with this article.
E.
All inspected sidewalks must
meet the minimum criteria listed below or be replaced in order to
come into compliance.
(1)
Adjacent concrete panels
may have a maximum elevation difference between panels of 1 1/2
inches at any point.
(2)
Sidewalk panels abutting
curbs or curb ramps may have a maximum elevation difference between
the sidewalk and the curb or curb ramp of 1 1/2 inches at any
point within the normal pedestrian path of said sidewalk.
(3)
Sidewalk panels abutting
and parallel to curbs may have a maximum elevation difference between
the sidewalk and the curb of 1 1/2 inches, provided that said
elevation difference is not within the normal pedestrian path of said
sidewalk.
(4)
Sidewalk panels shall have
no more than one crack crossing the full length or width in any panel.
(5)
Sidewalk panels shall have
a structurally sound surface without any spalling, crazing or other
deterioration of the surface.
(6)
Sidewalk grade/location for
sidewalks not abutting curbs, curb ramps or other sidewalk panels
shall be within 1 1/2 inches horizontally and vertically of the
grade/location as established by this article.
(7)
In the case of concrete sidewalks,
if more than 20% of the area of any scored block requires replacement,
then said concrete block shall be replaced in its entirety; provided,
however, where a portion of such a concrete block is removed for installation
or repairs to utilities, then the entire block shall be replaced in
its entirety.
(8)
In the case of concrete driveway
entrances, if more than 20% of the total area requires replacement,
then the entire area shall be replaced.
A.
Curb ramps shall be provided
wherever an accessible route crosses a curb. These locations shall
include, but are not limited to, street intersections, alley intersections,
public or private drive intersections and points of termination of
pedestrian accessible routes at other locations.
B.
Accessible routes shall include,
but not be limited to, sidewalks, walks, paths, parking access aisles
and crosswalks and shall be a continuous unobstructed path connecting
all accessible elements.
C.
Curb ramps shall be short ramps
cutting through a curb and shall be in accordance with the attached
details and specifications as shown on drawings adopted by resolution
from time to time by the Commissioners, a copy of which is made a
part hereof, and other copies thereof shall remain on file with the
Township, or as required to comply with federal or state law coming
into effect after July 1, 2009.
D.
The type of curb ramp required
at any location shall be determined by the Township and shall comply
with all Americans with Disabilities Act requirements.
E.
Curb ramps shall have a maximum
slope of 1:12. Transitions from ramps to walks, gutters or streets
shall be flush and free of abrupt changes. The minimum width of a
curb ramp shall be 36 inches, exclusive of flared sides. If a curb
ramp is located where pedestrians must walk across the ramp, it shall
have flared sides, and the maximum slope of the flare shall be 1:10.
F.
Built-up curb ramps in lieu of
curb cuts are not permitted without approval by the Commissioners.
G.
Ramps shall be separated from
curb and sidewalks with one-and-one-half-inch expansion material.
Curbing and sidewalk sections must be poured separately for all ADA
ramps. Monolithic pours of combined curb and sidewalk are not permitted.
H.
ADA ramps shall be constructed
with pedestrian warning devices in accordance with ADA Accessibility
Guidelines for Buildings and Facilities.
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.
A.
Any person violating any of the
provisions of this article shall, upon conviction, be liable to pay
a fine of not less than $50 or more than $1,000 and costs, to be recovered
in the name of the Township of Muhlenberg before the Magisterial District
Judge according to law, and in default of payment thereof shall undergo
imprisonment for a period of not more than 30 days.
B.
The Code Enforcement Officer
of the Township may revoke any permit issued to any person, firm or
corporation violating any of the provisions of this article.
C.
The imposition of penalties herein
prescribed shall not preclude the Township from instituting an appropriate
action or proceeding to prevent the performance of work or acts declared
to be unlawful under the provisions of this article or to restrain,
correct or abate a violation or seek relief by a complaint in equity.
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.
