This chapter is occasionally revised or changed by the Board
of Commissioners at official and open public meetings. Every effort is made
to keep this website up to date. However, there may be a short period of time
between the Board of Commissioners changing this chapter and the revised ordinance
being posted in this chapter on this site. If you have any questions about
the status of a particular ordinance, please call the Township Secretary at
(610) 645-6145.
Chapter 133
STREETS AND SIDEWALKS
Please note: The contents of this HTML document are current to Ordinance 3901 of the Code of the Township of Lower Merion.
Table of Contents
- ARTICLE I, Encroachments and Obstructions
- § 133-1. Placing of articles on sidewalks prohibited;
exceptions.
- § 133-2. Advertising devices above sidewalks.
- § 133-2.1. Temporary signs within the public right-of-way.
- § 133-2.2. Appeals.
- § 133-3. Violations and penalties.
-
- ARTICLE II, Snow and Ice Removal
- § 133-4. Clearing of sidewalks required; piling of snow
in street prohibited.
- § 133-5. Violations and penalties.
-
- ARTICLE III, Openings and Excavations; Use of Streets and Sidewalks Generally
- § 133-6. Definitions.
- § 133-7. Permit required.
- § 133-8. Permit application.
- § 133-9. Liability and insurance.
- § 133-10. Construction and inspection permit fees.
- § 133-11. Issuance of permit.
- § 133-12. Relocation of structures.
- § 133-13. Guarding excavations and obstructions.
- § 133-14. Performance of work.
- § 133-15. Lines and grades; curbs; driveways; drains
and pipes.
- § 133-16. Occupation of permit area.
- § 133-17. Prohibited obstructions in permit area.
- § 133-17.1. Abandoned and unusable facilities.
- § 133-18. Violations and penalties.
-
- ARTICLE IV, Defective Sidewalks and Curbs
- § 133-19. Definitions.
- § 133-20. Duty of owners.
- § 133-21. Notice.
- § 133-22. Repair by township.
- § 133-23. Violations and penalties.
-
- ARTICLE V, Opening and Vacating Streets and Highways
- § 133-24. Opening or vacating of township streets.
- § 133-25. Hearing and action of the Board of Commissioners.
-
- ARTICLE VI, Naming of Streets
- § 133-26. Legislative Intent and Effect.
- § 133-27. Requirement for Naming.
- § 133-28. Agency responsible for Assignment and Change
of Street Names.
- § 133-29. Procedure.
- § 133-30. Selection of Street Names.
- § 133-31. Street Name Change.
-
GENERAL REFERENCES
Sale of merchandise on streets -- See Ch. 113, Art. II.
Regulation of vehicles and traffic -- See Ch. 145.
Zoning -- See Ch. 155.
Snow removal from private streets -- See Ch. A161, Art. III.
Curb ordinances -- See Ch. A165.
Fees -- See Ch. A167.
Sidewalk ordinances -- See Ch. A170.
Street ordinances -- See Ch. A171.
Fire lanes -- See Ch. A174.
[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Merion as indicated in article histories. Amendments noted where applicable.]
ARTICLE I
Encroachments and Obstructions
[Adopted 6-17-1942 by Ord. No. 781]
§ 133-1. Placing of articles on sidewalks prohibited; exceptions.
It is hereby declared unlawful for any person, partnership or corporation to
place, pile or accumulate any goods, wares, merchandise, boxes, containers,
stands, commodities or articles of any kind on or above any part of any of the
public highways or sidewalks within the Township of Lower Merion, provided that
nothing herein contained shall be construed to prevent any such property from
being taken to or from any premises in the ordinary course of delivery or transportation
and provided further that nothing herein contained shall prevent the erection
of bicycle stands on sidewalks in commercial districts, as such districts are
defined in the Zoning Ordinance of the Township of Lower Merion, as amended,
if a permit for erecting any such stand is first obtained from the Police Department.
§ 133-2. Advertising devices above sidewalks.
[Amended 4-19-1995 by Ord. No. 3389; 1-19-2002 by Ord. No. 3629]
It is hereby further declared unlawful for any person, partnership or corporation
to hang canvas signs or banners or similar advertising devices above any part
of the public highways or sidewalks within the Township of Lower Merion; except,
when a permit is issued by the Department of Building and Planning, banners
displaying a logo, slogan or design associated with an educational or civic
organization may be erected above a sidewalk in such uniform size and subject
to such regulations as the Department of Building and Planning shall promulgate.
§ 133-2.1. Temporary signs
within the public right-of-way. [Added 1-18-1995 by Ord. No.
3378]
- Legislative intent. The Board of Commissioners of the Township of Lower
Merion, intending to promote the health, safety and welfare of the community,
recognizes the following:
- The public rights-of-way must be primarily preserved for the safety
of the traveling public, without undue distraction and without interference
with traffic devices and sight distances.
- Signage in the public right-of-way causes distraction of the motoring
public, can block traffic devices and sight distances and create a visual
scenario which is aesthetically displeasing and degrading to the value
of adjacent properties.
- The public rights-of-way have been a traditional forum for public speech,
subject to reasonable controls. This forum has been especially valuable
to the public in promulgating notification of sporadically occurring events,
since other means of advertising do not effectively permit messages to
be focused on the local area to which such speech uniquely applies.
- Limited use of the public rights-of-way to disseminate messages, temporary
in nature, pertaining to local events can be accommodated without overt
danger to those using such rights-of-way for public travel, provided that
appropriate regulations are observed.
- Temporary sign, definition. For purposes of this section, a temporary sign is one which promotes a sporadically scheduled event, such as an election or candidates for that election, a fair, a social event, a garage sale and the like, which shall be in place no more than 45 calendar days and which does not exceed six square feet in size. [Amended 1-20-2010 by Ord. No.
3901]
- Authority to erect signs. No person may erect or maintain a sign in the
public right-of-way, other than a temporary sign when in compliance with the
regulations set forth below.
- Placement of temporary signs. No temporary sign may be erected:
- Which would interfere with a motorist's view of vehicular or pedestrian
traffic, traffic signs, street signs or street numbers.
- Any part of which is within 18 inches of a curbline.
- In front of one's property unless the permission of that property owner
is first obtained.
- Which is on a traffic island not for the use of motor vehicles or on
any other area between lanes of traffic.
- On public property or in the right-of-way in front of public property.
- Which is attached to a permanent pole or structure within the right-of-way
or which would constitute an obstruction to those using the right-of-way,
including a public sidewalk.
- Improperly erected signs. Any sign erected in the public right-of-way which
is placed in violation of this section may be removed by the Township or the
abutting property owner, if placed without permission, and must be removed
by the party responsible for placing the sign within five days of notice from
the Township to do so.
§ 133-2.2. Appeals. [Added
4-19-1995 by Ord. No. 3389; 1-19-2002 by Ord. No. 3631]
An appeal from any decision of the Director of Building and Planning pursuant
to this article may be taken to the Building and Planning Committee of the Board
of Commissioners. Such appeal shall be made in writing within 10 days of such
decision and shall be verified by affidavit and filed with the Township Secretary.
The appellant or his representative shall have the right to appear if such right
is requested in the written appeal. A prompt decision of such appeal shall be
made by the Building and Planning Committee. Every action of the Committee on
such appeal shall be by resolution, a copy of which shall be certified and furnished
to the Director of Building and Planning and the appellant.
§ 133-3. Violations and penalties. [Amended
9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104]
Any person, partnership or corporation violating the provisions of this article
shall be subject to a fine or penalty of not more than $600 for each and every
offense, to be collected before any District Justice as like fines or penalties
are by law collectible.
ARTICLE II
Snow and Ice Removal
[Adopted 11-17-1954 by Ord. No. 1092]
§ 133-4. Clearing of sidewalks required; piling
of snow in street prohibited.
It shall be the duty of all tenants or occupants of occupied properties,
and the owners or agents in charge of unoccupied properties, abutting on public
streets in the Township of Lower Merion, not later than 30 hours after snow
or sleet has ceased to fall, to clear or cause to be cleared a pathway in the
sidewalk in front of their respective properties in the event of snow and to
cover the sidewalk with ashes, sawdust or similar materials in the event of
ice or sleet. Such pathway shall be not less than 30 inches in width and shall
be thoroughly cleared of snow and ice or covered with ashes, sawdust or similar
materials. Where snow and ice is removed from the pathway it may be placed or
piled on the curbside of the sidewalk, but it shall not be piled or placed in
the gutter or the cartway.
§ 133-5. Violations and penalties.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No.
3104]
Summary proceedings for failure to comply with the provisions
of § 133-4 of this article may be instituted by the Township before any
District Justice, and any person, firm or corporation convicted of violating
the provisions of § 133-4 of this article shall be punishable by a fine
or penalty of not less than $1 and not more than $600 for such offense, recoverable
as such fines or penalties are by law recoverable; provided, however, that each
period of 24 hours during which the prohibited conditions shall be allowed to
continue shall constitute a new and separate offense hereunder.
ARTICLE III
Openings and Excavations; Use of Streets and Sidewalks Generally
[Adopted 12-19-1962 by Ord. No. 1409]
§ 133-6. Definitions.
The following words and terms, as used herein, shall have the
following meanings:
- BACKFILL --
- Material used to replace or the act of replacing material removed during
construction. [Added 3-18-1992 by Ord. No. 3278]
- DEPARTMENT --
- The Lower Merion Township Department of Public Works. [Added
3-18-1992 by Ord. No. 3278]
- DIRECTOR --
- The Director of the Public Works Department or his designee. [Added
3-18-1992 by Ord. No. 3278]
- PAVEMENT --
- The combination of subbase, base course and surface course placed on a
subgrade to support the traffic load or distribute it to the roadbed, or
both. The term normally includes the traveled portion of the highway and
extends to the face of the curb in a curbed section. [Added
3-18-1992 by Ord. No. 3278]
- PERMIT AREA --
- The area within the right-of-way lines of any township highway and any
highway constructed in accordance with plans and specifications approved
by the township, and also such portion of any state or county highway as
may be located between the curbs or the edge of the paving and the right-of-way
lines thereof.
- PERSON --
- Any individual, firm, corporation, association or partnership.
- RIGHT-OF-WAY --
- The area which has been acquired by the township for highway purposes.
[Added 3-18-1992 by Ord. No. 3278]
§ 133-7. Permit required.
It shall be unlawful for any person to make or cause, or permit to be made
or caused, any excavation or opening in or under the surface or pavement of
any permit area, or perform any work within the permit area for the purpose
of installing or repairing pipes, sewers, drains, conduits, sidewalks, curbs,
driveways and similar structures, or for erecting or replacing poles, without
first having obtained a permit; nor shall any person store materials upon or
move over any permit area buildings or other structures or vehicles carrying
loads exceeding in size or weight the limits specified in the Vehicle Code,
without having first obtained a permit.
§ 133-8. Permit application. [Amended
3-18-1992 by Ord. No. 3278]
A written application for a permit shall be made to the Department setting
forth the following:
- The name and address of the applicant.
- The purpose of the application.
- The time and place where the work is to be done or the permit area is to
be occupied.
- The name of the owner of the abutting property, together with a statement
that the consent of such owner to the performance of the work has theretofore
been obtained, except that such statement shall not be required where the
application is made by a corporation subject to the supervision of the Pennsylvania
Public Utility Commission.
- Such other information as may be required by the Township Engineer.
§ 133-9. Liability and insurance.
- The filing of an application and the issuance of a permit hereunder shall
constitute an agreement on the part of the applicant to comply with all the
terms of this article and all rules, regulations, standards and specifications
and requirements of the Public Works Department now in force or hereafter
adopted, and shall also constitute an agreement to indemnify and save the
township harmless from and against all claims, demands and actions for damages
either to person or to property that may be sustained by any person by reason
of or arising out of any work done or action taken under the application and
permit.
- [Amended 3-18-1992 by Ord. No. 3278]
The application shall be signed by a person who shall, in connection therewith,
have filed with the Township Secretary a certificate showing that the applicant
has obtained from a reputable company a policy of insurance with limits for
public liability, property damage, products liability and completed operations,
each of which must have a single occurrence limit of at least $300,000. No
such policy of insurance shall be required, however, where:
- The work is to be performed by a corporation subject to the supervision
of the Pennsylvania Public Utility Commission; or
- The work is to be performed by the owner himself on his own property,
does not involve the breaking of any improved road surface, is to be completed
within three working days and the cost does not exceed the sum of $100.
§ 133-10. Permit fees. [Amended
1-17-1968 by Ord. No. 1544; 4-21-1971 by Ord. No. 1639; 1-19-1977 by Ord.
No. 1785; 9-21-1977 by Ord. No. 1802;
3-18-1992
by Ord. No. 3278; 12-18-2002 by Ord. No. 3664]
At the time of the filing of the application, the applicant shall pay a permit
fee, the components of which are set forth on the Township Schedule of Fees,
as adopted and amended from time to time by the Board of Commissioners. The
permit fee components include the following:
- Administrative fee. The estimated fee established at the time of permitting by the Township to recover Township costs associated with processing, reviewing, verifying, issuing, and managing permit applications.
- Street construction fee.
- Unimproved surface. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting, evaluating,
and documenting the excavation, disturbance, work within, and restoration
of unimproved surfaces within a Township right-of-way.
- Improved surface. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting, evaluating,
and documenting the excavation, disturbance, work within, and restoration
of improved surfaces within a Township right-of-way.
- Street degradation fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with the decrease in
useful life of the right-of-way caused by the work in the permit area.
- Pole fee. The estimated fee established at the time of permitting by
the Township to recover Township costs associated with inspecting, evaluating,
and documenting the setting, repair, and replacement of utility poles.
- Curb and sidewalk fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting, evaluating,
and documenting the placement, repair, and replacement of curbs, driveway
aprons and openings, and sidewalks.
- Street closing fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting and
managing streets closed to traffic.
- Occupancy fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting and
managing a street and activities on the street when the street is occupied
or otherwise being used by a permittee.
- Special use fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with inspecting and
managing special uses such as the movement of buildings or heavy loads over
Township streets. There shall be a daily Township fee plus additional charges
as specified in the Pennsylvania Vehicle Code.
- Special inspection fee. The estimated fee established at the time of permitting
by the Township to recover Township costs associated with special inspections.
- Traffic management fee. A fee for the cost of a Township police officer
engaged in traffic management and control.
§ 133-11. Issuance of permit [Amended
1-17-1968 by Ord. No. 1544; 4-21-1971 by Ord. No. 1639; 1-19-1977 by Ord. No.
1785; 9-21-1977 by Ord. No. 1802]
Upon the filing of the application and the certificate of insurance where required,
and the payment of the fee or fees hereinabove required, and in addition a permit
fee as set forth in the Township Schedule of Fees, as adopted and amended from
time to time by the Board of Commissioners, the Township Secretary shall issue
a permit which, unless stated to be for a shorter period shall be good for 30
days, and may be renewed for a like period upon payment of a renewal fee. The
permit shall at all times be kept in the possession of a competent person actually
engaged on the work, and upon demand shall be exhibited to any police officer
or duly authorized employee of the township, county or state.
§ 133-12. Relocation of structures.
The filing of an application for the installation or repairing of pipes, sewers,
drains, conduits, sidewalks, curbs, driveways and similar structures, or for
erecting or replacing poles, shall constitute an agreement that the applicant
will, upon notice from and without expense to the township, make such changes
in the location thereof as may be required by the Township Engineer. The issuance
of a permit hereunder shall not confer upon the applicant a permanent right
to maintain such structures in the permit area. If any such structure is not
removed upon receipt of notice so to do from the township, the Public Works
Department may thereupon remove it and charge the cost of such removal to the
applicant.
§ 133-13. Guarding excavations and obstructions.
[Amended 3-18-1992 by Ord. No. 3278]
It shall be the duty of the permittee to furnish to the traveling public suitable
protection surrounding the location of all openings, excavations, stored materials
and buildings or other structures within the permit area by means of suitable
flags and barricades, supplemented, where necessary, by flashing amber lights,
which shall be kept lighted from sunset to sunrise, or to provide such other
means of protection, including one or more flagmen to direct traffic, as may
be required by the Director.
§ 133-14. Performance of work. [Amended
1-17-1968 by Ord. No. 1544; 3-18-1992 by Ord. No. 3278; 12-18-2002 by Ord.
No. 3664]
All work performed hereunder shall be subject to the approval of the Director
of Public Works or his designee. The Township may inspect the work and, if
necessary, require the permittee to perform rework or additional work to ensure
that construction in, or other use of, the right-of-way is performed and completed
in a manner that is safe and in conformance with Township standards. All such
work shall conform to the following standards:
- Commencement of work. All work shall be undertaken within the time specified
in the permit, or within 24 hours after receipt of the permit where no time
for commencement is specified, and shall be performed diligently and continuously
until completed.
- Closing permit area to traffic. In no case shall a permit area, or any
part thereof, be closed to traffic without the written consent of the Director
of Public Works or his designee.
- Tunneling under an improved surface. Whenever, in connection with any work
covered by this article, a tunnel is to be made under an improved surface,
this fact shall be disclosed in the application. Before a tunnel is excavated
specific approval must be obtained from the township and endorsed upon the
permit. The backfilling of the excavation shall not be done except in the
presence of a special township inspector. It shall be made with a damp concrete
mix 1 to 4 to 8, thoroughly tamped in six-inch layers, or according to a similar
method approved by the Township Engineer.
- Backfilling.
- All breaks or openings in surfaces made pursuant to this article shall
be backfilled to the approval of the Township Public Works Department, replacing
the excavated materials with No. 2RC aggregate, as specified in § 703.3(D),
Pennsylvania Department of Transportation 408, within two inches of the
surface of the street, road or alley. All backfilling must be done by thorough
tamping in the uniform layers not to exceed six inches in depth. The remaining
two inches of excavation shall be filled and compacted with cold patch and
maintained in good condition until final restoration is made. If not adequately
maintained, the township will repair at the permittee's expense. In unimproved
areas, backfilling may be accomplished with excavated materials, if approved
by the Department, tamped in six-inch layers.
- The Township Public Works Department, at the discretion of the inspector,
may permit or require the use of flowable backfill where conditions or circumstances
warrant. Flowable backfill shall meet the Pennsylvania Department of Transportation
specifications for flowable backfill or flowable backfill for pipe trench.
- Restoration, generally.
- Restoration is to be performed by the permittee in compliance with
the specifications set forth in this article and subject to the approval
and inspection of the Township Public Works Department.
- Excess materials shall be removed from the job site. Weather conditions
permitting, final restoration shall be started within 30 days after completion
of the initial work. The Township Public Works Department shall be notified
by the applicant prior to the commencement of final restoration work.
- Within 30 days after completion of all work and restoration, the permittee
shall provide the Township with as-built drawings of the permit area. The
as-built drawings shall show the location and type of all utilities, structures,
and other facilities installed in the permit area as well as the location
of all restored surface areas.
- Restoration, streets. Specifications for final restoration of street openings
are:
- The surface excavation shall be seven inches in depth, leaving a vertical
face.
- There shall be a twelve-inch setback on both sides of the trench.
- The materials for restoration shall be six inches of bituminous concrete
base course meeting the requirements of Section 305, Pennsylvania Department
of Transportation 408, topped with one-inch ID-2 wearing course.
- On restorations measuring more than four feet, whether transverse or
longitudinal, the bituminous surface course shall be compressed with a
tandem roller. For restorations measuring less than four feet, the compactions
of the bituminous material shall be with a mechanical vibratory tamper
with a minimum plate size of 12 inches by 12 inches.
- All surface joints are to be painted with E-1 asphalt overlapping three
inches on both sides of all joints.
- If a permittee opens pavement having a bituminous concrete surface
and the wearing course is less than five years old, the permittee shall,
in addition to the restoration conditions outlined in the permit and in
this section, overlay the pavement in accordance with the following:
- When a longitudinal opening longer than 100 linear feet has been
made in the pavement, the permittee shall overlay the traffic lanes
in which the opening was made, for the entire length of highway between
the openings, in a manner authorized by the Department of Public Works.
- When four or more openings have been made within 100 linear feet
of pavement, the permittee shall overlay traffic lanes in which the
openings were made, for the entire length of highway between the openings,
in a manner authorized by the Department of Public Works.
- If disturbed lanes adjacent to undisturbed lanes are overlaid,
the edge of the disturbed lane shall be saw cut or milled to a depth
of 1½ inches or the depth of the existing surface course, whichever
is less, for the length of the opening to ensure a smooth joint, with
proper elevation and cross section. A full width overlay may be authorized
on various highways instead of saw cutting or milling the disturbed
lane.
- Restoration of sidewalk and curb. The specifications for final restoration
of curbs and sidewalks shall be those set forth in the Township of Lower Merion
Site Design and Construction Standards Manual.
- Trees, shrubs, and landscape plantings. The permittee shall comply with
the requirements of Chapter 128, Shade Trees, of this Code and the following
requirements:
- The permittee shall avoid unnecessary damage or injury to trees, shrubs, and landscape plantings.
- The permittee shall replace any tree, shrub or other landscaping planting removed or substantially damaged during the course of the work.
- The Township may require the permittee to take precautions, such as directional boring or rerouting a utility line, to avoid injuring a tree, shrub, or landscape planting.
- Any tree, shrub or other landscaping planting that shows substantial damage attributable to the permittee's work within eighteen months of completion of the work shall be replaced by the permittee at the permittee's sole expense.
§ 133-15. Lines and grades; curbs; driveways;
drains and pipes.
- Lines and grades. The Township Engineer shall furnish information as to
lines and grades for the construction and repair of sidewalks, curbs, drains
and driveways within a permit area. No work shall be performed therein which
does not conform with such lines and grades.
- Curbs. The construction and resetting of concrete or dressed granite curbs
and the making of cuts therein shall be performed in accordance with Township
Standards and Specifications.
- Driveways. Driveways shall be constructed across the permit area at the
grade of the sidewalk and meet the grade of the curb. Curbs may be depressed
one inch to 1½ inches above the surface of the road. Sidewalks shall be
continued across driveways.
- Drains. No storm, roof, swimming pool, sump, air-conditioning, driveway,
parking lot, gasoline or service station, used car lot, car wash or other
drain shall be constructed or maintained which discharges water over or upon
any sidewalk. Where required by the Township Engineer, such drains shall extend
to a storm drainage facility. The Township Engineer may require drainage facilities
to be installed by the property owner to accommodate any of the above water
sources which discharge over or upon the permit area. Such drains shall be
constructed under the sidewalk. Where the outlet of a drain is adjacent to
a storm sewer, connection shall be made thereto. Waste from sinks or cesspools
and foul or offensive drainage shall not be discharged upon any highway or
into storm drains.
- Pipes. Property owners shall keep free of obstructions all existing gutter
pipes under driveways which receive or carry water within a permit area. No
permits will be issued for replacement or new installations of gutter pipes
under driveways.
- Specifications and regulations. All work performed within a permit area
shall conform to the Township Specifications and Regulations on file in the
office of the Public Works Department.
§ 133-16. Occupation of permit area.
No building or construction materials or facilities for building construction
shall be permitted to occupy more than 1/3 of the width of an improved road
surface or obstruct any sidewalk so that free passage of not less than four
feet in width shall at all times be maintained; nor shall such materials be
permitted to obstruct the flow of water in any gutter or be placed within 25
feet of any fire hydrant or be mixed upon an improved surface or left within
the permit area after the expiration of the permit.
§ 133-17. Prohibited obstructions in
permit area. [Amended 3-18-1992 by Ord. No. 3278; 6-19-2002
by Ord. No. 3648]
- No gasoline pumps, oil tanks, walls, fences, posts, stones, planting, shrubbery,
sprinkler system or similar obstructions shall be placed within the permit
area. Any such obstructions shall be removed promptly by the property owner
whenever written notice to remove the same is given by the Department. If
the owner fails to comply with such notice, the township shall remove the
obstruction and charge the cost thereof to the owner.
- The Township may grant a waiver to permit fences within the right of way,
subject to the following conditions:
- All requests for a waiver shall be presented to the Director of Building and
Planning. If the Director of Building and Planning determines that the
fence might present a sight obstruction to vehicular and/or pedestrian
traffic, the request must then be reviewed by a member of the Traffic
Safety Unit to determine if the sight distance with the fence complies
with current PennDOT standards and/or if it presents any other safety
concerns.
- Prior to approval of any fence on or near a corner property, the Traffic Safety
Unit shall review the request to determine whether the proposed fence may be
subject to damage in the event of a vehicular accident.
- The Public Works Department shall review and approve any proposed fence to
determine whether it would interfere with any of the Township's Public Works
operations.
- The waiver application to permit a fence shall be acted upon by the Township
only after receiving the recommendations/reviews required by paragraphs
1, 2 and 3 above.
- When granted a waiver for a fence, the applicant and property owner shall agree
in a covenant running with the land and approved by the Township Solicitor to:
- Indemnify the Township and hold harmless from any and all liability associated
with the proposed fence.
- Remove the fence at the property owner's expense upon the Township's request.
The Township may request removal for any reason, including the need to maintain
or install public improvements.
- All proposed fences shall comply with the front yard setback provisions
set forth in Section 155-130
of this code.
- No portion of a building or building overhang may project into the right
of way or the uniform building line.
- Applicant shall obtain a permit from the Township prior to installing any fence
within the right of way or unifrom building line.
§ 133-17.1. Abandoned and unusable facilities. [Added 12-18-2002 by Ord. No. 3664]
- A permittee or other person who has discontinued use of all or a portion of its utilities or other facilities in a Township right-of-way shall notify the Township of such discontinued use and shall provide the Township with a drawing describing the type and location of all discontinued utilities and facilities.
- A permittee or other person who has discontinued use of or abandoned
utilities or other facilities in a Township right-of-way shall remove such
utilities and facilities if required by the Township in conjunction with other
right-of-way repair, excavation, or construction work.
§ 133-18. Violations and penalties. [Amended
9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104]
Any person who shall do or cause any work to be done or any action to be taken
without the permit required by this article or who shall fail to comply with
any of the provisions of the permit or of this article shall be liable, on conviction
thereof, to a fine or penalty of not less than $25 nor more than $600 for each
offense. Whenever such person shall have been notified by the Township Engineer
or by the service of a summons in a prosecution or in any other way that he
is committing a violation of this article, each day in which he shall continue
such violation after notification shall constitute a separate offense, punishable
by a like fine or penalty. Such fines or penalties shall be collected before
any District Justice as like fines or penalties are now by law collected.
ARTICLE IV
Defective Sidewalks and Curbs
[Adopted 8-1-1979 by Ord. No. 1874]
§ 133-19. Definitions.
As used in this article, the following terms shall have the meanings
indicated:
- OWNER --
- Any individual, firm, corporation, association or partnership.
§ 133-20. Duty of owners. [Amended
4-20-1994 by Ord. No. 3357; 11-15-1995 by Ord. No. 3403; 8-2-2006 by Ord.
No. 3786]
The owner of the abutting property shall keep the adjacent sidewalk and curb,
together with any portion of such owner's property paved and used as a sidewalk
or public walk, in good order and repair and at all times free and clear of
all obstructions to safe and convenient passage. Sidewalks with one or more
of the following conditions shall be deemed to present an obstruction to safe
and convenient passage:
- A difference in elevation of more than one inch between blocks or the result
of a crack within a block; or
- A crack within a block that is one inch or more in width.
§ 133-21. Notice
If the owner of any property neglects to perform such duty so required of
him, the Director of Public Works may serve written notice upon such owner requiring
him to do what is necessary. The notice provided for in this section may be
served on the property owner by leaving the same at his place of residence or,
if he has no residence in the Township of Lower Merion, then by posting the
same on the premises and mailing a copy thereof to the owner at his last known
address.
§ 133-22. Repair by township.
If such property owner fails to comply with the requirements of such notice
within 30 days from the date of its service, the Township of Lower Merion may
make the necessary repairs or remove any obstruction. The cost of the same,
together with a penalty of 10%, shall be paid by the delinquent owner and may
be collected by action of assumpsit, or the township may file a municipal lien
against the property.
§ 133-23. Violations and penalties. [Amended
8-3-1988 by Ord. No. 3104]
It shall be unlawful for any property owner to be in violation of the provisions
of § 133-20 of this article for more than 30 days
after the service of notice as provided for in § 133-21
of this article. Any property owner in violation as aforesaid shall be subject
to a fine or penalty of not more than $600 for each and every offense, to be
collected before any District Justice as like fines or penalties are by law
collectible; provided, however, that each period of 24 hours during which the
prohibited conditions shall be allowed to continue shall constitute a new and
separate offense hereunder.
ARTICLE V
Opening and Vacating Streets and Highways
[Adopted 8-1-2001 by Ord. No. 3617]
§ 133-24. Opening or vacating
of township streets.
- The Board of Commissioners may enact, ordain, survey, lay out,
open, widen, straighten, vacate and relay all streets, and parts thereof, which
are wholly within the township upon either:
- Petition of a majority in interest of the owners of property or properties
through whose land such street passes, or upon whose land it abuts. Owner's
petition must contain or be accompanied by the following:
- An engineered plan showing the right-of-way, the width thereof,
all of the properties abutting the right-of-way in the area of the
proposed improvement, the current improvements along the line thereof
and the names of the affected property owners.
- The legal description of the area to be opened or vacated.
- A list of the names, addresses and telephone numbers of the owners of all
properties abutting the area to be opened or vacated.
- The reasons why petitioner(s) wants the area opened or vacated.
- Payment of the fees provided in Chapter A167.
- The decision of the Board of Commissioners that it is necessary for
the public convenience.
- The power of the Board of Commissioners includes the authority to vacate,
in whole or in part, streets laid out by the Commonwealth of Pennsylvania
where the same have remained unopened for a period of 30 years. The Board
of Commissioners also has the authority to lay out and open a street which
will be a continuation or extension of a street already opened by an adjacent
city, borough or township.
§ 133-25. Hearing and action
of the Board of Commissioners.
- Upon receipt of a properly filed petition, or upon the Board's own motion,
the Board of Commissioners shall schedule a public hearing to be held at the
site or at such other location that the Board of Commissioners may choose.
Ten days' written notice of the time and place of the public hearing shall
be given to all owners of property affected thereby or abutting the area to
be vacated or opened.
- After hearing and consideration thereof, the Board of Commissioners, or
a majority thereof, may exercise its power by the passage or approval of an
ordinance opening, widening, straightening, extending or vacating the street
or highway. Within 10 days thereafter, the Board of Commissioners shall post
notice of the fact of the passage or approval of the ordinance and the date
of the passage or approval in conspicuous places along the line of the proposed
improvement.
- Following the passage of the ordinance and the posting as provided above,
the Board of Commissioners shall prepare a written report containing the engineered
plan, a copy of the notice of the public hearing, the notes of testimony or
a summary thereof presented at the public hearing, a copy of the ordinance
and a copy of the posted notice. Said report shall be filed with the Montgomery
County Clerk of Courts.
Article VI
Naming Of Streets
[Added 11-20-2002 by Ord. No. 3659]
§ 133-26. Legislative Intent and Effect.
- The standards and procedures set forth herein are established to promote
and protect the public health, safety and welfare within Lower Merion Township
by providing common and effective methods for assigning and changing street
names. Such methods ensure the efficient delivery of emergency services to
individual homes and businesses, and the appropriate determination of the
continued use of lands dedicated for public purpose.
- As land in Lower Merion Township changed from farms and fields to homes
and businesses over several hundred years, streets names were derived from
early settlers and land owners names, geographical descriptions, and Welsh
and English nomenclature. It is the intent of this section to preserve these
street names since they reflect the historical development and cultural heritage
of the community and the local environment. It is the further intent to maintain
this approach to the naming of new streets as such occurs within the Township.
§ 133-27. Requirement for Naming
- All streets shall be named in accordance with the provisions
of this section. All private streets, roads and access easements, except
for private driveways, providing the principal means of ingress/egress to
residential,
commercial, manufacturing, industrial or other properties or buildings shall
be named.
- No application for subdivision, land development or other plan permit
and no application for the change of name of a street shall be approved that
contains
a street name that does not comply with the requirements and procedures provided
herein
§ 133-28. Agency responsible for Assignment and Change of Street Names
- The assignment or change of all public or private street names shall
be recommended by the Department of Building and Planning and the Planning
Commission
and approved by the Board of Commissioners. Street names that have been approved
by the Board of Commissioners are considered official street names and are
to be included in the Lower Merion Township plan of streets and alleys.
- The Department of Building and Planning shall be responsible for coordination
with fire, police, emergency services, public works, utility providers and
others for the assignment or change of street names. This coordination shall
occur during the street name approval processes defined herein. The Department
of Building and Planning shall also be responsible for notification of all
appropriate agencies of approved street names and changes.
§ 133-29. Procedure
- Initiation of process. The approval process for new street names shall
be initiated concurrent with the Subdivision and Land Development process
and shall be submitted as required in §135-17 for Preliminary subdivision
plan, §135-18, Lot line change plan and § 135-19 for Preliminary
land development plan. A street name review fee is not required for street
name assignments that are part of an application for subdivision, lot line
change or land development plan review. All other requests shall be charged
the appropriate application fee as defined in Chapter 167A.
- Approval. Approval of the names of streets shall be consistent with
the process of approving final subdivision, land development and lot line
change
plans. The approved names of streets shall be shown on the final plan and
submitted for certification consistent with § 135-22 C.
§ 133-30. Selection of Street Names
Any proposed new street name should be unique in Lower Merion Township, be
pleasant sounding, appropriate to the location and easy to read. Personal names
are discouraged unless the name has an historical connection with the property
being developed or subdivided, or to the Township, or is that of a well known
local identity or prominent resident, past or present. Names of 12 or fewer
characters are encouraged to maximize visibility of street signs. The following
restrictions shall apply:
- To eliminate potential confusion and delay of emergency response, no
street name shall be approved that duplicates or can be confused with the
name of
an existing street. Any proposed street names or street name changes shall
be compared with the street names listed in the Township Plan of Streets
to determine if the proposed name would create a duplicate name or be considered
confusing.
- Streets with the same name but different street type designation shall
not be permitted (e.g. Avon Road and Avon Street are duplicates).
- To eliminate confusion resulting from diction problems in reporting
emergency situations, names that are similar or have difficult spelling,
are obscure
or phonetically challenging shall not be approved.
- Numerical names (1st Street, etc.), alphabet letters (A, C, etc.), complicated
names or names with unconventional spelling (use Abbey rather than Abbye),
frivolous names or names considered to be in poor taste will not be accepted.
- Names that include words or syllables that might be confused with prefix
or suffix designation (such as Circle Drive) will not be accepted.
- Names shall not contain hyphens, apostrophes or other non-letter
characters.
- New street names shall not contain more than two words, exclusive of
direction or street type.
- Directional indicators, such as north and west, shall not be included
in street name proposals as a prefix or suffix to a street name. When streets
cross the east/west or north/south baseline, the appropriate directional
indicator
may be assigned by the Department of Building and Planning as part of the
approval process.
- Suffix Designations. Appropriate street name suffixes may include, but
are not limited to the following:
- For a highway or major arterial street: Highway, Road, Boulevard, Avenue,
Parkway
- For a primary or secondary road or street: Road, Drive, Lane, Way,
Avenue, Street.
- For a tertiary or minor street or cul-de-sac: Way, Court,
Place, Circle, Terrace.
- For a shopping center ingress/egress: Square,
Center, Plaza.
§ 133-31. Street Name Change
- Authorization and Procedure. Street names may be changed only in accordance
with this section. Unless there is a public purpose to be served, as determined
by the Board of Commissioners, changes to existing street names are not encouraged.
- Initiation of Procedure. The Board of Commissioners or property owners
of record who represent all parcels that have access to the public right-of-way
and abut the street to be renamed may make application to initiate a change
to a street name.
- Application Requirements. The following information items are required
for acceptance of a formal application to the Lower Merion Township Department
of Building and Planning to change the name of any street.
- The formal application shall contain the following items:
- a. The existing street name.
- The proposed street name.
- Justification of public purpose for
request.
- Signature of the applicant or authorized representative.
- Signed,
notarized consent and mailing address of each adjoining property
owner or an affidavit authorizing an agent to act
on behalf of said adjoining
property owner.
- Additional information as required by the
Department of Building and Planning.
- Five copies of a plan using a scale of a minimum of 50 feet to the
inch and showing the entire street including names and addresses of all
adjacent
property owners along the street as reflected by information and maps maintained
by Lower Merion Township. Vacant lots shall be designated as such in the
plan. A location/vicinity map showing the distance of the street proposed
for re-naming
to the nearest arterial and driveway and access points onto the road shall
be shown on the drawing.
- The appropriate application fee as provided in Chapter A167.
- Fee to record the final documents with the Department of Building & Planning,
Police, Fire, Public Works and Township Secretary.
- Review and Action. Complete applications for a street name change shall
be reviewed and action taken in accordance with the following procedures:
- The Department of Building and Planning shall determine the technical
accuracy of the request and establish the date for review of the application
by the
Township Planning Commission and Board of Commissioners.
- The Land Development Committee and the Township Engineer shall review
the request and submit its report to the Planning Division and to the
Applicant.
- The date set for review by the Planning Commission shall be given
to the applicant after consultation with the Director of Building and
Planning.
- After its review, the Planning Commission shall convey its recommendation
regarding the application to the Board of Commissioners.
- A public hearing date before the Board of Commissioners shall be
established not later than 90 days following the date of the regular
meeting of the Planning
Commission next following the date on which the application is
deemed accepted for filing.
- A notice of the proposal to change the street and the date of the
public hearing shall be sent to all adjacent property owners and to all
governmental
units having jurisdiction including police, fire, post office,
Montgomery County and others as applicable.
- Notice of the public hearing shall be published in a newspaper of
general circulation in Lower Merion Township.
- Following the public hearing the Board of Commissioners shall either
reject the application, or approve it by the adoption of a Resolution
changing the
name of the street on the plan of streets and alleys of the Township.