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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


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.

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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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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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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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


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.

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.

(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

TO:

FROM:

RE:


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.

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

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


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)


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

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]

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/

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

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