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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
AGENDA
AT-LARGE: Norman C. Shropshire, Mark Kirchgasser, Kathleen
O’Connell Bell FIRST DISTRICT: Susan K. Powell SECOND DISTRICT:
Walter (Bok) Read THIRD DISTRICT: Bibianna Dussling FOURTH
DISTRICT: Stephen Byrne ENGINEER: Eric Janetka, Kelly & Close
SOLICITOR: Joseph A. Damico, Jr., Esq. For the Regular Meeting to
be held at 7:00 p.m. on Monday, May 11, 2020, online as a virtual
meeting during the COVID-19 Restrictions and/or Stay-At-Home
Order.
Public Access Information: Zoom Meeting Link:
https://us02web.zoom.us/j/88405490059 Zoom Meeting ID: 884 0549
0059 Dial by your location: +1 646 876 9923 US (New York)
1. CONVENE ONLINE MEETING: Review Virtual Meeting Rules
2. APPROVAL OF MINUTES: A. Draft Township Council Minutes: April
27, 2020
3. REPORTS: A. Chairman B. Committee C. Manager
1) Notice of Land and Water Conservation Fund Grant Opportunity.
2) May Citizen Board Meetings – Virtual via Zoom.
D. Engineer
4. NEW BUSINESS: A. Consideration for Approval: Re-Introduction
of Ordinance 817: Text Amendment to Chapter
275: Zoning, for Interior and Flag Lots, with a Public Hearing
of July 13, 2020. B. Consideration to Authorize the Establishment
of Univest Bank as a Township Depository for
the Purpose of 2021 Tax Collection and Lock Box Account. C.
Consideration for Introduction: Ordinance 822: Text Amendment to
Chapter 266, Weeds and
Vegetation, Deleting Current Text and Replacing with New Text.
D. Consideration for Introduction: Ordinance 823: Creating New
Chapter 220 Tree Maintenance. E. Consideration to Formally Name the
Smedley Open Space Tract as Penncrest Park, as
Recommended by Parks & Recreation Committee and Walter
Smedley, III and family. F. Consideration for Approval: Resolution
2020-14, Update to Township Emergency Operations
Plan. G. Consideration to Authorize Noise Waiver: SEPTA Request
for Waiver of Time Restrictions of
Chapter 155, Noise, for the Purpose of Construction on
Elwyn-to-Middletown Rail Line. H. Request for Extension of Time on
Temporary Workspace; Sunoco LP, Sleighton Park (HDD591) I. Approval
of May 11, 2020 Bill List.
Andrew S. Haines Township Manager
https://us02web.zoom.us/j/88405490059
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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
APRIL 27, 2020 Minutes of the Regular Meeting of Township
Council held on April 27, 2020 at 7:00 p.m., online as a virtual
meeting during the COVID-19 Restrictions and/or Stay-At-Home
Order.
Present: Stephen Byrne, Bibianna Dussling, Mark Kirchgasser,
Kathleen O’Connell-Bell, Susan Powell, Walter “Bok” Read, Norman
Shropshire, Andrew Haines, Joseph A. Damico, Jr., Esq., Eric
Janetka
OPENING/CONVENE ONLINE MEETING: Review Virtual Meeting Rules.
Chairman Mark Kirchgasser called the meeting of the Council to
order at 7:00 p.m. Mr. Haines stated there were no members of the
public at the virtual meeting at the start. He stated he will check
throughout to confirm any public participation. 1. APPROVAL OF
MINUTES
A. Draft Township Council Minutes: March 9, 2020. Mr. Shropshire
made a motion to approve the minutes and Mrs. Powell seconded the
motion. The motion carried with a vote of 7-0. Mr. Kirchgasser
polled all members of Council for their votes.
B. Draft Township Council Minutes: April 1, 2020 (Emergency
Meeting).
Mr. Byrne made a motion to approve the minutes and Mr.
Shropshire seconded the motion. The motion carried with a vote of
7-0. Mr. Kirchgasser polled all members of Council for their
votes.
2. NEW BUSINESS:
A. Approval of June 8, 2020 for New Public Hearings Date for
Ordinances not Extended on the Record; Prior Public Hearing on
March 23, 2020 Canceled Due to COVID-19: 1) Ordinance 818 Text
Amendment to Chapter 235, Vehicles and Traffic, for Stop Signs
at E. Forge Road and Painter Road. Mr. Haines stated they were
not able to extend on the record a future meeting for the Ordinance
to put stop signs at Painter Road and E. Forge Road. He stated it
is prudent to have on record a motion to set the hearing date and
to re-advertise and have the public hearing. Mr. Haines stated this
caused a delay in getting the stop signs placed. Mr. Kirchgasser
stated the date certain of the Public Hearing is June 8, 2020 Mr.
Byrne made a motion to approve Ordinance 818 and Ms. O’Connell-Bell
seconded the motion. The motion carried with a vote of 7-0. Mr.
Kirchgasser polled all members of Council for their votes.
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Township Council Meeting April 27, 2020
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B. Consideration to Authorize 2020 Department of Conservation
and Natural Resources
(DCNR) Grant Signature Page for $1 Million Application for
81-Acre Sleighton Parcel Acquisition. Mr. Haines stated this is a
resubmission of the 2019 application. He stated DCNR felt the
application was worthwhile, but 2019 was highly competitive. The
Township was encouraged to resubmit the application. He stated this
is an acquisition grant only to offset the purchase price of the
81-acre parcel. Mr. Kirchgasser stated this helps reduce the cost
by up to a $1 million dollars which funds can be used elsewhere.
Ms. O’Connell-Bell made a motion to approve the resubmission and
Mrs. Powell seconded the motion. The motion carried with a vote of
7-0. Mr. Kirchgasser polled all members of Council for their votes.
Mr. Kirchgasser asked when the Township could get feedback on this
application. Mr. Haines stated possibly in July of 2020.
C. Consideration for Approval: Resolution 2020-11, Department of
Community and
Economic Development Watershed Restoration and Protection
Program (WRPP) Stormwater Grant Application in the amount of
$296,905, Township Open Space. Mr. Haines stated this is an open
space parcel north of Highpoint Drive and south of the Franklin
Mint. He stated the application needed a park name and staff
utilized Highpoint Park to score well with the Grant application
only. Mr. Haines stated last year when the pollutant reduction plan
was adopted for MS4, there were a substantial number of items the
Township needed to pursue. He stated this is designed to capture
water at the end of the cul-de-sac. He stated this grant outlines
the effort to find a project that has roughly a $350,000 cost. He
stated the Township is trying to receive $297,000 from grant funds
to help with the construction costs. He stated this goes toward the
unfunded mandate to fulfill the pollutant reduction plan for the
Township. Mr. Kirchgasser stated the utilization of the land should
increase as the trail is installed along the un-named waterway that
goes to the rear of the area and splits the Eric Lane and Highpoint
Drive communities from the Franklin Mint. Mr. Shropshire made a
motion to approve Resolution 2020-11 and Ms. Dussling seconded the
motion. The motion carried with a vote of 7-0. Mr. Kirchgasser
polled all members of Council for their votes.
D. Consideration for Approval: Resolution 2020-12, Amendment of
Township Fee Schedule. Mr. Haines stated there was a comprehensive
update last year and since that time a new Chapter 198 was adopted
for Stormwater and staff needed to provide opportunity for
appropriate fees depending on the different tiers created in the
Ordinance. He stated they are also continuing to analyze actual
fees for non-residential electrical needs. He stated larger
projects need to have a more equitable cost. Mr. Haines stated the
proposed fee structure put the Township in line with other
communities, covered the Township’s expenses for inspections and
plan review, and was still below other municipal peers. Mr. Haines
stated they had to make sure the appeal in part one matches the
Municipal Planning Code of 100 days.
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Township Council Meeting April 27, 2020
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Mr. Read made a motion to approve Resolution 2020-12 and Ms.
O’Connell-Bell seconded the motion. The motion carried with a vote
of 7-0. Mr. Kirchgasser polled all members of Council for their
votes.
E. Consideration for Approval: Resolution 2020-13, Act 15 of
2020 Authorized Extension of Deadlines During COVID-19
Pandemic.
Mr. Haines stated this provides the opportunity for Council to
adjust the deadline for real estate taxes as was outlined and
permitted by State Act 15 of 2020. He stated he worked with Mr.
Visoskas and Mr. Damico in the review process. He stated this
extends the real estate payment until August 31, 2020 and delays
the penalty until September 1, 2020 through December 31, 2020. He
stated the recycling fees and Sewer Authority fees were also
aligned and extended until August 31, 2020. Mr. Haines stated over
86% of real estate taxes have already been paid to date. Mr.
Visoskas stated there is approximately $280,000 left to be paid in
residential real estate. Mr. Byrne made a motion to approve
Resolution 2020-13 and Ms. Dussling seconded the motion. The motion
carried with a vote of 7-0. Mr. Kirchgasser polled all members of
Council for their votes.
F. Consideration to Authorize 2020 Road Improvement Program to
A. F. Damon, Inc. in the amount of $235,913.50. Mr. Shropshire
asked if there is a list of roadways to be approved. Mr. Haines
stated there is a color-coded comparative on bids and a list of
roads in the agenda materials. Mr. Haines stated bids are now
40-50% below estimated market values. He stated the Township will
work with the contractor to expand the roadways this year. He
stated they are going to maximize these rates. Mr. Haines stated it
is the Township’s intention to finish the half-paved roads from
various AQUA projects within the Township. Mr. Shropshire made a
motion to award A.F. Damon, Inc. the road improvements contract and
Ms. O’Connell-Bell seconded the motion. The motion carried with a
vote of 7-0. Mr. Kirchgasser polled all members of Council for
their votes.
G. Consideration for Approval: Ordinance 821, Reenactment of
Ordinance 820 and July 15, 2020 Business Privilege and Mercantile
Taxes. Mr. Haines stated this is an emergency Ordinance. Mr. Damico
reviewed the April 1, 2020 Ordinance which has an expiration date
of 30 days. He stated Council needs to act on another emergency
Ordinance to maintain the July 15, 2020 date that was adopted in
the emergency Ordinance. He stated if they introduce a regular
ordinance and adopt two weeks from now they will still have a
delayed 30-days for the effective date, which would be a week in
July and require another emergency ordinance would have to be
introduced to cover time. He stated it is easiest to adopt an
emergency Ordinance and in 300-days adopt another ordinance to get
to the July 15, 2020 deadline to extend the Business Privilege Tax.
Mr. Kirchgasser stated they are now voting to confirm the
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Township Council Meeting April 27, 2020
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extension through July 15, 2020. Mr. Byrne made a motion to
approve Ordinance 821 and Ms. Dussling seconded the motion.
Ordinance 821 was approved with a vote of 7-0. Mr. Kirchgasser
polled all members of Council for their votes.
H. Approval of April 27, 2020 Bill List.
Mr. Kirchgasser read the bill list aloud.
GENERAL FUND
Aqua Pennsylvania, Inc. March Hydrant Bills $ 9,375.86
Barbacane Thornton & Co. Audit/Year end 12/31/19 $
31,450.00
Eckert Seamans Cherin & Mellott Special Solicitor thru
2/29/20 $ 5,817.50
Independence Blue Cross April Health Insurance $ 20,014.71
Kelly & Close Engineers Professional Serv. 1/25/20-4/3/20 $
36,854.55
Keystone Municipal Services Contracted Services 3/9/20-4/3/20 $
17,250.00
Middletown Free Library Q1 2020 – Library Distribution $
87,500.00
Petrikin Wellman Damico Twp. Solicitor Billed Through 3/31/20 $
4,935.00
Brown & Petrosa April Retainer $ 1,000.00
$ 5,935.00
General Fund Total $ 214,197.62
CAPITAL RESERVE FUND
Burke Landscape Supply Riding Mower & Vac Bagging System $
10,131.00
Donnelly Concrete, LLC 12 Glen Riddle Road Storm Sewer $
66,006.00
Knowlton Const. Supplies Highway Supplies $ 9,310.00
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Township Council Meeting April 27, 2020
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PECO Energy Co. Pole Relocation 760 W. Rose Tree Road
$ 5,000.00
Pennoni Associates, Inc. Fuel System Serv. Through 3/22/20 $
10,071.26
Pipe Line Plastics, Inc. Highway Supplies $ 5,588.80
The Bank of New York Mellon 2019 GOB TRID - Debt Interest $
71,749.00
The Bank of New York Mellon 2019 GOB Roosevelt - Debt Int. $
74,925.00
$ 146,674.00
Traffic Logix Corp. Radar Detecting Speed Limit Signs $
7,702.00
Capital Reserve Total $ 260,483.06
CAPITAL RESERVE 2019 G.O. BOND - ROOSEVELT
Erdy McHenry Architecture Roosevelt Renovation $ 9,081.25
Kelly & Close Engineers Roosevelt Site Improvements $
11,492.40
Capital Reserve-Roosevelt Total $ 20,573.65
Mr. Kirchgasser adjourned the meeting at 7:30 p.m. Respectfully
Submitted,
Sharon Browne
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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
ORDINANCE NO. 817
AN ORDINANCE AMENDING THE MIDDLETOWN TOWNSHIP CODE OF ORDINANCES
OF THE TOWNSHIP OF MIDDLETOWN, DELAWARE COUNTY, PENNSYLVANIA,
CHAPTER 275, ZONING, ARTICLE II TERMINOLOGY, BY DELETING THE
EXISTING DEFINITION OF INTERIOR LOT AND ADDING NEW DEFINITIONS FOR
FLAG FRONT LINE, FLAG LOT, INTERIOR LOT, EXISTING INTERIOR LOT AND
PARENT TRACT; AND AMENDING CHAPTER 275, ZONING, ARTICLE XXXIII
GENERAL PROVISIONS BY DELETING SECTION 275-199.D(1), (2), (3) AND
(4) RELATING TO COMMON DRIVEWAYS FOR INTERIOR LOTS IN ITS ENTIRETY
AND REPLACING IT WITH A NEW SECTION 275-199.D (1), (2), (3), (4)
RELATING TO EXISTING INTERIOR LOTS AND SECTION 275-199.E (1), (2),
(3), (4), (5), (6) and (7) RELATING TO REGULATIONS FOR FLAG LOTS
AND INTERIOR LOTS.
The Council of the Township of Middletown, Delaware County,
Pennsylvania, hereby ENACTS AND ORDAINS the following amendments to
the Code of Ordinances of the Township of Middletown: Section 1.
The Middletown Township Code of Ordinances, Chapter 275, Zoning,
Article II Terminology is hereby amended by deleting the existing
definition of Lot, Interior, and adding definitions for the
following terms: Flag Front Line: A line which is parallel to the
public street from which a flag lot gains access; extends the full
width of such flag lot; and intersects the point nearest such
public street at which the flag lot first achieves a width equal to
75% of the applicable lot width requirement. Lot, Flag: A lot which
is connected to a street by an access strip of required minimum
width at the street line per the applicable zoning district.
Minimum lot area and other dimensional requirements shall be met on
that portion of the lot exclusive of the minimum access strip. Lot,
Existing Interior: A lot existing as of the date of this Ordinance
with an existing separate Tax Folio Number, which meets all of the
R-1 or R-1A Residential District Zoning regulations except the
minimum lot width at the street line. Lot, Interior: A lot created
through the subdivision process, after the date of this Ordinance,
which does not front on a street and has access to a street only by
way of an easement or right-of-way. Parent Tract: the area of land
from which parcels are subdivided.
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Section 2. The Middletown Township Code of Ordinances, Chapter
275, Zoning is hereby amended by deleting the existing Section
275-199.D (1), (2), (3) and (4) in its entirety and replacing it
with 275-199.D and 275-199.E as follows: D. The following
regulations shall apply to Existing Interior Lots:
For one or two Existing Interior Lots, a common driveway may be
provided subject to compliance with the following requirements:
(1) A private driveway providing public street access to one or
two Existing Interior Lots shall have a recorded easement
right-of-way of 50 feet in width and a paved cartway of not less
than 16 feet in width. The paved cartway shall have a minimum
setback of 50 feet from any existing dwelling. The fifty-foot-wide
easement shall be unobstructed by any building.
(2) A private driveway providing access to a public street for
the one or two Existing Interior Lots may also provide access for
one lot which must have a minimum lot width at the street line as
specified for the residence zoning district in which the lot is
located.
(3) In order to protect the public health, safety and general
welfare of persons residing in dwellings on lots adjacent to a
private driveway providing public street access to an Existing
Interior Lot or lots, buffer planting strips shall be provided
within the easement area at appropriate locations to prevent the
headlights of motor vehicles using the private driveway from
shining directly on any dwelling or dwellings on any adjacent lots
or lots. The buffer planting area shall be in accordance with
Article XXXIV.
(4) If an Existing Interior Lot exceeds the Lot Area required
for the residence zoning district in which the lot is located, the
Existing Interior Lot may not be further subdivided to create any
additional Interior Lots and the owner of the Existing Interior Lot
shall record a restriction against further subdivision of the
Existing Interior Lot.
E. The following regulations shall apply to Flag Lots and
Interior Lots:
(1) Flag lots and Interior Lots shall be permitted only within
the R-1 and R-1A residential districts and shall be subject to all
regulations of this section and the applicable district
regulations.
(2) Flag lots and Interior Lots shall be permitted within a
subdivision when no other reasonable alternative can be
achieved.
(3) No more than one Flag Lot and one Interior Lot may be
created from a Parent Tract.
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(4) The access strip serving any Flag Lot shall have a minimum
width of 50 feet at the street line and shall not exceed 300 feet
in length, as measured from the street right-of-way to the Flag
Front Line.
(5) The Flag Lot access strip shall be excluded from the
required minimum lot area (net lot area) calculation imposed by the
district regulations.
(6) The private driveway providing access to a public street for
one Flag Lot may also share a driveway with any lot which fronts
completely on the street. The recorded easement shall not be less
than 25 feet in width and a paved cartway of not less than 12 feet
in width. The paved cartway shall have a minimum setback of 25 feet
from any existing dwelling and be a minimum of four feet from a
property line. The 25-foot-wide easement shall be unobstructed by
any building or structure.
(7) If a subdivision of a Parent Tract results in the creation
of an Interior Lot, the access easement to the Interior Lot shall
be 50 feet in width and must have a paved cartway which is
constructed in accordance with the design standards for streets as
set forth in the Township Subdivision and Land Development
Ordinance. The paved cartway shall have a minimum setback of 25
feet from any existing dwelling and be a minimum of four feet from
a property line. The 50-foot-wide easement shall be unobstructed by
any building or structure.
Section 3. If any section, subsection, sentence, clause, phrase
or word of this Ordinance is for any reason held invalid or
unconstitutional by any courts of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not render this Ordinance
invalid. Section 4. All Ordinances or parts of Ordinances
inconsistent herewith are hereby superseded to the extent of any
inconsistency with any provision contained herein. Section 5. This
Ordinance shall be effective thirty-one (31) days after its
enactment.
ENACTED AND ORDAINED by the Council of Middletown Township,
Delaware County,
Pennsylvania, this day of 2020 at a regularly scheduled public
meeting. ATTEST: TOWNSHIP COUNCIL ________________________ By:
____________________________ Andrew S. Haines, Mark Kirchgasser,
Township Manager Chairman of Council
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TO:
FROM:
RE:
MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
May 8, 2020
Middletown Township Council
Andrew S. Haines, Township Manager v/ Vince Visoskas, Director
of Finance \)
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Recommendation to Authorize Univest Bank as a Township
Depository
For Council's consideration, staff is requesting the
authorization of Univest Bank as a Township depository for the
purpose of tax collections and lock box, starting in 2021. The
addition of Univest Bank's services would augment existing Township
operations and create operational efficiencies with future tax
collection and processing.
Univest will allow tax collection processing through their
Southeast Pennsylvania lock box process. This will reduce manual
tax payment processing by our Finance staff and allow digital
payment uploads into our financial software system. Physical
payments will still be accepted at the Township Office and at
Republic Bank in Media. Univest's digital cash management website
is user friendly, and more reliable for reporting and transaction
purposes than our current tax depository. The request to authorize
the account now, for the 2021 tax collection, is to provide
sufficient administrative time to establish the accounts and ensure
a seamless process in 2021 .
Staff is prepared to answer questions regarding this
recommendation.
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MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA
ORDINANCE NO. 822
AN ORDINANCE AMENDING THE MIDDLETOWN TOWNSHIP CODE OF ORDINANCES
OF THE TOWNSHIP OF MIDDLETOWN, DELAWARE COUNTY, PA, BY REPEALING
CURRENT CHAPTER 266, WEEDS AND VEGETATION, IN ITS ENTIRETY AND
REPLACING IT WITH A NEW CHAPTER 266, WEEDS AND VEGETATION,
PROVIDING FOR THE REGULATION OF THE GROWTH AND MAINTENANCE OF WEEDS
AND OTHER VEGETATION; DECLARING CERTAIN WEEDS AND VEGETATION GROWTH
TO BE A PUBLIC NUISCANCE; AND ESTABLISHING PROCEDURES AND PENALTIES
FOR VIOLATIONS AND ENFORCEMENT THEREOF. The Council of the Township
of Middletown, Delaware County, Pennsylvania, hereby ENACTS AND
ORDAINS the following amendments to the Code of Ordinances of the
Township of Middletown, Delaware County, Pennsylvania: Section 1.
The Middletown Township Code of Ordinances, Chapter 266, Weeds and
Vegetation, is hereby repealed in its entirety and a new Chapter
266, Weeds and Vegetation, is provided as follows:
Section 266-1. Instances of Public Nuisance.
It is the responsibility of the property owner(s) to inspect and
maintain the vegetative growth on the owner’s property within the
Township of Middletown, including the vegetative growth located
within the Right of Way of a public street on the owner’s property.
The growth or accumulation of weeds, grasses, trees, vines, bushes
and other vegetative growth is declared to constitute a public
nuisance, wherever and whenever the same shall cause or contribute
to the causing of any of the following conditions to exist:
A. Encroachment upon any sidewalk, street, alley or roadway to
the danger or
impediment of persons passing on said streets or sidewalks; B.
Preventing the clear view of operators of motor vehicles by users
of the
adjoining streets; C. Being of such a nature as to cause or
aggravate hay fever or other allergy
diseases; D. Causing or tending to cause the breeding, growth or
harboring of mosquitoes,
flies or other insects;
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E. Causing or tending to cause the breeding, growth or harboring
of rats, mice or
other rodents; F. Causing or creating a fire hazard; G. Being in
any way detrimental to the health or safety of the public; or H.
Grasses, weeds and/or other similar vegetation not edible or
planted for a useful
or ornamental purpose that shall have grown or are maintained at
a height in excess of ten (10) inches on any property within any
developed area.
Section 266-2. Land Subject to Regulations.
A. The provisions of this Chapter shall apply to the
following:
1. Lots in a platted subdivision with a structure;
2. Vacant lots within platted residential subdivisions in which
buildings have
been erected upon 60 percent or more of the lots, except lots
which are naturally wooded areas; or
3. On lots along improved streets to a depth of one hundred
sixty-five (165)
feet or the depth of the lot, whichever is less.
B. The provisions of this Chapter shall not apply to: 1. Land
used for agricultural purposes including weeds in fields devoted
to
growing any small grain crops such as wheat, oats, barley or
rye;
2. Portions of lots used for flower gardens, shrubbery or
vegetable gardens;
3. Naturally wooded areas, wetlands or meadows; or
4. Areas designated as undeveloped open space.
Section 266-3. Notice of Violation.
A. In the event that the Code Enforcement Officer of the
Township determines that a violation of this Chapter exists, the
Code Enforcement Officer shall provide the property owner(s) with a
written Notice of Violation by Certified and Regular mail
containing the following minimum information:
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1. The name(s) of the property owner(s) of record of the
property in violation;
2. The address of the property in violation;
3. A description of the specific violation under this
Chapter;
4. The steps necessary for compliance and the date by which the
compliance must be completed; and
5. That failure to comply within the time and manner specified
constitutes a
violation of this Chapter and the Township shall invoke one or
both of subsections A or B of Section 266-4 of this Chapter
necessary to enforce the provisions hereof.
Section 266-4. Violations and Penalties; Cost of Removal.
In the event that said Notice of Violation is not complied with
as directed, the Township shall take any of the following actions
as it may deem necessary to enforce the provisions of this
Chapter:
A. Commence a summary enforcement proceeding before the
Magisterial District Justice against the property owner(s), and
upon conviction thereof, be punishable by a fine of up to Two
Hundred Dollars ($200.00) for each violation thereof. Violators
shall also be responsible for court costs and reasonable attorneys’
fees of the Township, as permitted by law.
B. Cause the condition to be removed or abated by the Township,
the costs for removal plus a service fee which will be charged to
the property owner(s). If such costs are not paid in full within
ninety (90) days, such costs may be filed as a lien against the
property and collected in the same manner as other municipal liens
or by personal action commenced in the Court of Common Pleas of
Delaware County. Any voluntary action taken by the Township
pursuant to this section shall not create any obligations on the
part of the Township to continue such action, nor shall it limit,
ameliorate or change the obligation of the property owner(s).
Section 2.
If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any reason held invalid or unconstitutional
by any courts of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such
holding shall not render this Ordinance invalid.
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Section 3.
This Ordinance shall be effective thirty-one (31) days after its
enactment.
ENACTED AND ORDAINED by the Council of Middletown Township,
Delaware County,
Pennsylvania, this _______ day of ________________________,
2020. ATTEST: TOWNSHIP OF MIDDLETOWN COUNCIL
________________________ By:________________________________ Name:
Mark Kirchgasser, Title: Chairman of Council
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MIDDLETOWN TOWNSHIP, DELAWARE COUNTY, PENNSYLVANIA
ORDINANCE NO. 823
AN ORDINANCE AMENDING THE MIDDLETOWN TOWNSHIP CODE OF ORDINANCES
OF THE TOWNSHIP OF MIDDLETOWN, DELAWARE COUNTY, PA, CREATING A NEW
CHAPTER 220, TREE MAINTENANCE, CONFIRMING THE RESPONSIBILITY FOR
THE MAINTENANCE OF TREES ON PROPERTY LOCATED WITHIN THE TOWNSHIP,
INCLUDING PUBLIC RIGHT OF WAYS; DECLARING CERTAIN TREES TO BE A
PUBLIC NUISANCE; AND ESTABLISHING PROCEDURES AND PENALTIES FOR
VIOLATIONS AND ENFORCEMENT THEREOF. The Council of the Township of
Middletown, Delaware County, Pennsylvania, hereby ENACTS AND
ORDAINS the following amendments to the Code of Ordinances of the
Township of Middletown, Delaware County, Pennsylvania: Section 1.
The Middletown Township Code of Ordinances is hereby amended to
provide for a new Chapter 220, Tree Maintenance, provided as
follows:
Section 220-1. Maintenance of Trees.
A. The maintenance, care or removal of any tree, including all
costs related thereto, and the required compliance with any
provision of this Chapter shall be the responsibility of the
owner(s) of the property upon which the tree is located, inclusive
of any area of public right-of-way extending to the paved cartway
of any public street.
B. The condition of any tree, or portion thereof, is declared to
constitute a public
nuisance, wherever and whenever the same shall cause or
contribute to the causing of any of the following conditions to
exist:
1. Upon inspection by a certified arborist, a determination that
the tree
creates a hazardous or dangerous condition or poses a threat to
the health and safety of the public;
2. The lowest branch or limb of any tree or other overhanging
part thereof is maintained less than eight (8) feet from the
surface of any sidewalk or less than eleven (11) feet from the
surface of any public roadway; or
3. Irrespective of height, a determination is made that the tree
interferes with
or obstructs the illumination or view of any public streetlight,
traffic signal or other traffic control device.
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C. In the event it is determined that the condition of a tree,
or any part thereof,
constitutes a public nuisance, the Township shall notify the
property owner(s) in writing of said determination and the property
owner(s) shall remediate the condition within thirty (30) days of
the notice. If the property owner(s) fails to remediate the
nuisance within the required time, a Notice of Violation will
provided to the property owners(s) in accordance with Section 220-2
of this Chapter.
Section 220-2. Notice of Violation.
A. In the event that the Code Enforcement Officer of the
Township determines that
an apparent violation of this Chapter exists, the Code
Enforcement Officer shall provide the property owner(s) with a
written Notice of Violation by Certified and Regular mail
containing the following minimum information:
1. The name(s) of the property owner(s) of record of the
property in violation;
2. The address of the property in violation;
3. A description of the specific violation under this
Chapter;
4. The steps necessary for compliance and the date by which the
compliance
must be completed; and
5. That failure to comply within the time and manner specified
constitutes a violation of this Chapter and the Township shall
invoke one or both of subsections A or B of Section 220-4 of this
Chapter necessary to enforce the provisions hereof.
Section 220-3. Emergency Removal.
A. In the event that the Township shall determine that a
violation of this Chapter is occurring within a public right-of-way
and poses an immediate or imminent threat to the health, safety or
general welfare of the public, and the written notice required in
Section 220-2 hereof is not possible given the emergency nature of
the violation, the Township may, without prior notice, correct the
violation.
B. The Township may charge the costs of such emergency action
under this Section to the property owner(s) responsible for the
violation. If such costs are not paid in full within ninety (90)
days, such costs may be filed as a lien against the
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property and collected in the same manner as other municipal
liens or by personal action commenced in the court of Common Pleas
of Delaware County.
C. In the event that the Township corrects a violation under
this Section, the
Township shall leave all logs, cordwood, branch wood or other
forms of wood resulting from the emergency action on the property.
It is the responsibility of the property owner(s) to remove the
logs, cordwood, branch wood or other forms of wood resulting from
the emergency action on the property left within the public
right-of-way within (ten) 10 days of the Township’s emergency
action taken hereunder.
D. Nothing in this Chapter shall prevent the Township from
removing obstructions
or roadside trees or vegetation which may be thrown down by wind
or weather or lodged in a position so as to be a nuisance to public
travel or which by reason of any other cause, may become a source
of danger to the public. The Township shall leave all logs,
cordwood, branch wood or other forms of wood resulting from the
emergency action on the property. It is the responsibility of the
property owner(s) to remove the logs, cordwood, branch wood or
other forms of wood resulting from the emergency action on the
property left within the public right-of-way within (ten) 10 days
of the Township’s emergency action taken hereunder.
Section 220-4. Violations and Penalties; Cost of Removal.
In the event that said Notice of Violation is not complied with
as directed, the Township shall take any of the following actions
as it may deem necessary to enforce the provisions of this
Chapter:
A. Commence a summary enforcement proceeding before the
Magisterial District Justice against the property owner(s), and
upon conviction thereof, be punishable by a fine of up to Two
Hundred Dollars ($200.00) for each violation thereof. Violators
shall also be responsible for court costs and reasonable attorneys’
fees of the Township, as permitted by law.
B. Cause the condition to be removed or abated by the Township,
the costs for removal plus a service fee which will be charged to
the property owner(s). If such costs are not paid in full within
ninety (90) days, such costs may be filed as a lien against the
property and collected in the same manner as other municipal liens
or by personal action commenced in the Court of Common Pleas of
Delaware County. Any voluntary action taken by the Township
pursuant to this section shall not create any obligations on the
part of the Township to continue such action, nor shall it limit,
ameliorate or change the obligation of the property owner(s).
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Section 2.
If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any reason held invalid or unconstitutional
by any courts of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such
holding shall not render this Ordinance invalid. Section 3.
This Ordinance shall be effective thirty-one (31) days after its
enactment. ENACTED AND ORDAINED by the Council of Middletown
Township, Delaware County,
Pennsylvania, this _______ day of ________________________,
2020. ATTEST: TOWNSHIP OF MIDDLETOWN COUNCIL
________________________ By:________________________________ Name:
Mark Kirchgasser, Title: Chairman of Council
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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
May 8, 2020
TO: Middletown Township Council FROM: Andrew S. Haines, Township
Manager RE: Recommendation to Name Smedley Open Space Tract Staff
recommends for Council’s consideration the formal naming of the
open space being developed into a park as Penncrest Park. The
Smedley Tract of land has much historical significance to the area,
and I spent time with Walter Smedley, III to review the development
plans as well as to discuss the naming of the park. Attached please
find a correspondence from Mr. Smedley that suggested the name
Penncrest Park, which was provided to our Parks & Recreation
Committee for discussion. The Parks and Recreation Committee was
identified by the Comprehensive Plan Task Force group as the ones
to make a final recommendation for the future park. On May 6, 2020
the Committee convened a virtual meeting and endorsed the Penncrest
Park name for the tract. The nod to local history, as well as
providing an identifying name for the park is an effective outcome.
With Council’s support, staff will work promoting and branding the
Penncrest Park name, with construction bidding soon to commence,
signage can be placed such as “future home of Penncrest Park” among
various efforts to highlight its future completion. The Smedley
family looks forward to the opportunity for the opening ceremony of
the park. Staff is prepared to answer questions regarding this
recommendation. Attachment(s)
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MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA
RESOLUTION 2020-14
WHEREAS, Section 7503 of the Pennsylvania Emergency Management
Services Code 35 PA, CSA Section 7101 et seq. mandates that
Middletown Township prepares, maintains and keeps current an
Emergency Operations Plan for the prevention and minimization of
injury and damage occurring as a result of an emergency incident or
disaster occurring within Middletown Township; and WHEREAS, in
response to the mandate stated above, Middletown Township has
prepared an Emergency Operations Plan to provide prompt and
effective emergency response procedures to be followed in the event
of a major emergency incident or disaster; and WHEREAS, Middletown
Township has prepared an Emergency Operations Plan to reduce the
potential effects of a major emergency incident or disaster and to
protect the health, safety and welfare of the residents of
Middletown Township. NOW THEREFORE BE IT RESOLVED that the Township
Council of Middletown Township hereby approves, adopts and places
into immediate effect the Emergency Operations Plan of Middletown
Township, dated June 10, 2019. This plan shall be reviewed on an
annual basis to ensure that it conforms to the requirements of both
the Commonwealth of Pennsylvania and County of Delaware’s Emergency
Planning requirements.
RESOLVED this 11th day of May 2020 by the Middletown Township
Council, Delaware County,
Pennsylvania, during a regularly scheduled public meeting.
Attest: Signed: Andrew S. Haines Mark Kirchgasser Township Manager
Council Chairman
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From: Connolly, JosephTo: Andrew Haines; Meredith Merino;
[email protected]: Koerner, David GSubject: Request for
Noise Waiver -- SEPTA Work Area #3 | May 20 - June 5Date:
Wednesday, May 6, 2020 10:14:20 AMAttachments:
OutlookEmoji-15870786191507f9b8cdc-ab0b-462b-886c-2dd59ac4b3b2.png
Township Pandemic Acknowledgement Form.pdfElwyn to Wawa_Work
Area 3.pdf
Andrew, Walsh has developed a work plan to perform work in Work
Area #3 beginning on May 11 andcontinuing through June 20. The
Media/Elwyn Line will be taken out of service from May 10
throughMay 30, which provides an opportunity to accelerate work
that was planned for 90 days this fall thefall. To do so, we are
requesting a noise waiver request for thirteen days for work in
Work Area #3. Please let me know if you have any questions or need
additional information. Work Area # 3 is the track and SEPTA-owned
right-of-way from 352 to Elwyn Station (see attachedmap). Generally
the work being performed in Work Area 3 from May 11 – June 20 will
be right-of-wayrestoration, which includes: slope stabilization,
trackbed and tie replacement, reinstallation of track,and new
overhead catenary foundations and structures (OCS). Days requesting
waiver to work outside of normal work hours:
May 20, 21, 22, 26, 27, 28, 29, 30 -- 4:00 PM to MidnightJune 1,
2, 3, 4, 5 -- Midnight to 6:00 AM
Request for Potential Sunday Work --We would also like to
request permission/waiver, on a pre-emptive basis, to work on
Sundays May14, 24, 31 in the event work is significantly delayed
due to rain or something else. These days wouldonly be used in the
event of weather in the preceding week. Work to be performed:+ May
20-22 -- OCS foundation repairs, including setting cages for
concrete pours+ May 26-30 -- Continuing OCS foundation repairs and
slope stabilization work+ June 1-5 -- Continuing slope
stabilization work The slope stabilization work involves drilling
nails and rock bolts. Because the work will beperformed from track
level, it cannot be performed at the same time as the trackbed
excavation andballast work which is planned for the daytime during
that period. The trackbed and slopestabilization work are equally
impactful and there would not be any benefit by swapping the
worktimes.
Vehicle access:The majority of vehicles will enter via
Williamson College and travel via the right-of-way. Some
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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vehicles may need to enter from the top on Elwyn Road and Elwyn
Ave. Some equipment (includinglighting) and materials (including
aggregate) may be staged in the Elwyn Avenue side parking lot.
Concrete Pours:Three daytime concrete pours are tentatively
scheduled for Thursday, May 21, Friday, May 22 andTuesday, May
26.
Outreach:We will send an email to our email list as well as mail
postcards to adjacent residences onSpringhouse Lane, Elwyn Avenue,
and parts of S. Old Middletown, Church Road and Brinton Avenue.
Take care,
Joe
Joe Connolly | Manager of Federal AffairsSoutheastern
Pennsylvania Transportation Authority1234 Market Street, 10th
FloorPhiladelphia, PA [email protected] | www.septa.orgO:
215-580-8210 | C: 484-620-9209
http://www.septa.org/http://septa.org/covid-19/
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Vendor Name Budget Code Description Amount
A.J. Blosenski, Inc. 01.426.450 March Recycling & Yard Waste
25,690.56$
Charles A. Higgins & Sons, Inc. 01.433.370 Repairs &
Maintenance/Signals 6,680.40$ 01.434.370 Repairs &
Maintenance/Street Lights 649.60$
7,330.00$
Independence Blue Cross 01.400.156 May Health Insurance
20,014.71$
General Fund Total 53,035.27$
Approved by: ______________________________
Date: ____________________________________
TOWNSHIP OF MIDDLETOWN5/11/2020
GENERAL FUND
AGENDA2.A. Minutes4.A. Ord 8174.B. Consideration to Establish
Univest Bank Depository4.C. Ord 8224.D. Ord 8234.E. Park Naming
Consideration4.F. Res 2020-144.G. SEPTA Noise Waiver Request4.I.
Bill List