Opis
The intersection of Ringold and Althouse Lane going toward the cemetery is very dangerous for drivers on Ringold and Althouse because the owners of that property have erected a fence and planted bushes which totally block the view for drivers entering that intersection. This fence should never have been allowed.
18 Skomentujs
A Taxpayer (Guest)
Portion of Borough Code reads:
"Mo structure, fence, planting or other obstruction shall be maintained between a vertical plane two feet above curb level and a plane seven feet above the curb level so as to interfere with traffic visibility across the corner and within that part of the required front or side yard which is also within a horizontal clear-sight triangle, as bounded by the two street lines and a straight line drawn between points on each such line, and which is 25 feet from the intersection of said lines or the extension thereof."
Looks like it is illegal to me. What about it Borough Code Officer?
Ed Naratil (Guest)
The Borough might also want to check out PA CODE TITLE 67 section 212.6 "Removal of Traffic Hazards:" which in part reads:
"(b) Trees, plants, shrubs or other obstructions. The Department on State-designated highways, and local authorities on any highway within their boundaries, may require a property owner to remove or trim a tree, plant, shrub or other obstruction or part thereof which constitutes a traffic hazard."
Check the entire wording of this section at:
http://www.pacode.com/secure/data/067/chapter212/chap212toc.html#212.6
You may have to cut and paste the url.
Me (Guest)
So it's an illegal obstruction by both Borough & State laws. And yet it exists. Interesting. Now, the questions are:
1. Why was it allowed in the first place?
2. Why does it still exist?
E-mail your local councilman. You have two:
Dave Gautreau - dgautreau@phoenixville.org and
Mike Speck - mspeck@phoenixville.org
Ed Naratil (Guest)
I e-mailed both of our representatives on Borough Coucil with the url of this page.
Mike responded that he would request the Borough Manager to investigate the complaint.
Thanks Mike.
Phil Whyler (Guest)
Ed (Guest)
Looks like no matter how illegal this fence is by both state and borough codes it will remain until there is a reportable injury accident at the intersection. And then the lawsuits will start - probably with action against the Borough along with the property owner.
Since the fence will evidently remain, how about making it a 3-way stop intersection?
Ed Naratil (Guest)
Even though this fence seems to be illegal according to State and Borough Code no action is being taken. This issue has been brought up to local council persons with evidently no action or response.
Sooner or later there will be a good accident at this intersection. Lawyers will get involved. And the Borough along with others will face lawsuits.
Since the codes will evidently not be enforced, how about making this intersection a 3-way stop?
Do we get any input on the problem from our Council representatives?
Philip Whyler (Guest)
PHIL wHYLER (Guest)
Ed Jones (Guest)
Following e-mail received on 4/11/11:
Mr. Jones,
I am responding to your question because I was involved with the initial complaint and subsequent review two years ago. After receiving a complaint the Codes Department and Police Department went out to the location and checked the fence for height and setback requirements.Both Departments found the fence to be compliant with the Borough Code.
I hope this answers your questions.
Thank you,
Brian A. Watson
Director of Public Works
Borough of Phoenixville
Philip Whyler (Guest)
Ed Naratil (Guest)
It would appear that the fence is under six feet so the following would apply (but note that a fence between 2 and 7 feet high still
would be in violation of the 'sight line' ordinance) (and also notice
the words "no objectionable......fence shall be erected" - it seems
like there are a number of objections to this fence);
[Ord. 1601, 9/12/1989, Art. XXVIII, § 2805; as amended by Ord. 1711, 10/12/1993; by Ord. 1829, 1/13/1998; by Ord. 2017, 8/10/2004; and by Ord. 2099, 7/23/2007, § 2]
The following residential accessory buildings, structures and uses are permitted subject to the applicable requirements of this Section and all other applicable regulations. Other residential accessory uses, buildings and structures are permitted when authorized specifically by zoning permit.
G.
(1) Front, side and rear yard requirements do not apply to fences or walls six feet and under in height above the natural grade of the required yard area; nor do they apply to terraces, steps, uncovered porches or other similar features not over three feet high above the level of the floor of the ground story. On any lot used for residential purposes, no objectionable or unsightly fence shall be erected. Where fences are erected directly on the property line or within three feet of the property line, the height of the fence shall be measured from the average grade levels between the two properties.
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[Ord. 1601, 9/12/1989, Art. XXXII, § 3207; as amended by Ord. 1711, 10/12/1993; and by Ord. 2099, 7/23/2007, § 2]
The provisions of Part 28, Yard Requirements, shall not apply to fences, hedges or walls less than six feet in height above the natural grade in the required yard, nor to other similar features less than three feet above the level of the floor of the ground story.
§ 27-3208
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[Ord. 1601, 9/12/1989, Art. XXXII, § 3208; as amended by Ord. 1711, 10/12/1993; and by Ord. 2099, 7/23/2007, § 2]
1. In all other districts, no structure, fence, planting or other obstruction shall be maintained between a vertical plane two feet above curb level and a plane seven feet above the curb level so as to interfere with traffic visibility across the corner and within that part of the required front or side yard which is also within a horizontal clear-sight triangle, as bounded by the two street lines and a straight line drawn between points on each such line, and which is 25 feet from the intersection of said lines or the extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle, as bounded by two street lines and a straight line drawn between points on each such line, shall be 50 feet from the intersection of said lines or the extension thereof.
2. At each point where a private access-way intersects a public street or road, a clear-sight triangle of 10 feet, measured from the point of the intersection of the street line to the edge of the access-way, shall be maintained, and within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
George B. (Guest)
Guest a. (Guest)
PHIL WHYLER (Guest)
A Taxpayer (Zarejestrowany użytkownik)
A Taxpayer (Zarejestrowany użytkownik)
http://www.phoenixville.org/Public%20Notices/Ordinances.html
Zamknięte PHILIP WHYLER (Guest)