Eagles Mere Ordinances & Zoning

New Ordinance

Open Records Policy

Section1-01 Purpose

The purpose of this policy is to assure compliance with Act 3 of 2008, The Pennsylvania Right-to-Know Law, as amended; to provide access to public records of Eagles Mere Borough; to preserve the integrity of Eagles Mere Borough’s records; and to minimize the financial impact to the residents of the Borough regarding the resources utilized in the receipt and processing of public record requests and the retrieval and copying of public records.

Section 1-02 Designated Open Records Officer

It is the policy of the Borough to require the presence of a designated employee when public records are examined and inspected and to charge reasonable fees for duplication of public records of the Borough. Eagles Mere Borough designates the Borough Secretary as the Open Records Officer, responsible for assuring compliance with the Pennsylvania Right-to-Know Law, in accordance with the following guidelines:

The Borough Secretary shall process public records requests
The Borough Secretary is responsible for minimizing, where possible, the financial impact to the Borough regarding the resources utilized in the receipt and processing of public record requests and the retrieval and copying of public records.

All requests for public records of the Borough under this policy shall be specific in identifying and describing each public record requested. In no case shall the Borough be required to create a public record which does not exist or to compile, maintain, format or organize a public record in a manner in which the Borough does not currently compile, maintain, format or organize the public record. All requests for public records shall be submitted in writing and include the date of the request; requestor’s name, address, and telephone number; certification of United States residency; signature of requestor; and if duplication is requested, appropriate payment.

The Borough Secretary shall make a good faith effort to determine whether each record requested is a public record.

The Borough shall facilitate a reasonable response to a request for Eagles Mere Borough’s public records. In no case is the Borough expected to provide extraordinary staff to respond to the request, but will respond in a manner consistent with the Borough’s administrative responsibilities and consistent with the requirements of the Pennsylvania Right-to-Know Law.

The Borough Secretary shall respond to the requestor within five (5) business days from the date of receipt of the written request. If the Borough dos not respond within five (5) business days of the receipt thereof, the request is deemed denied.

The response provided by the Borough shall consist of (1) approval for access to the public record; (2) review of the request by the Borough Secretary; or (3) denial of access to the record requested.

If access to the public record requested is approved, the public record shall be available for access during the regular business hours of the Borough. The Borough Secretary shall cooperate fully with the requestor, while also taking reasonable measures to protect the Borough’s public records from the possibility of theft and/or modification. The presence of a designated employee is required when public records are examined and inspected.

Fees for duplication of public records shall be established by the Commonwealth’s Office of Open Records. The Borough may at its discretion waive fees.

In the event the estimated cost of fulfilling a request submitted under this policy is expected to exceed $100.00, the Borough Secretary shall obtain the expected cost in advance of fulfilling the request to avoid unwarranted expense of Borough resources.

If the request is being reviewed, the notice provided by the Borough shall be in writing and include the reason for the review and the expected response date, which shall be within thirty (30) days of the notice of review. If the Borough does not respond within thirty (30) days thereof, the request is deemed denied. Review of the request is limited to situations where:

The record requested contains information which is subject to access, as well as information which is not subject to access that must be redacted prior to a grant of access. The redacted information is considered a denial as to that information;
The record requires retrieval from a remote location;
A timely response cannot be accomplished due to staffing limitations;
A legal review is necessary to determine whether the record requested is a public record;
The requestor has failed to comply with the Borough’s policy and procedure requirements; or
The requestor refuses to pay the applicable fees.
The extent or nature of the request precludes a response within the required time period.

Upon a determination that one of the factors listed above applies, the Borough shall send written notice to the requestor within five (5) business days of receipt of the request for access. The notice shall include a statement notifying the requestor that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of thirty (30) days, following the five (5) business days allowed for, the request for access shall be deemed denied unless the requestor has agreed in writing to an extension to the date specified in the notice. If the requestor agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the Borough has not provided a response by that date.

If access to the record requested is denied, the notice provided by the Borough shall be in writing as indicated on the form attached hereto entitled “Denial of Request to Review and/or Duplicate Eagles Mere Borough Records”.

If the request is denied or deemed denied, the requestor may file an appeal with the Commonwealth’s Office of Open Records within fifteen (15) business days of the mailing date of the Borough’s notice of denial, or within fifteen (15) days of a deemed denial. The appeal shall state the grounds upon which the requestor asserts that the record is a public record and shall address any grounds stated by the Borough for delaying or denying the request.

Within thirty (30) days of the mailing date of the final determination of the appeals officer, the requestor or Borough may file a petition for review or other document as required by rule of court with the Court of Common Pleas for Sullivan County. The decision of the court shall contain findings of fact and conclusions of law based upon the evidence as a whole. The decision shall clearly and concisely explain the rationale for the decision. A petition for review under this section shall stay the release of documents until a decision is issued.

This policy shall be available for review at the Borough office.

ARTICLE II

Effective Date. This Ordinance shall become effective immediately.

DULY ENACTED AND ORDAINED this 5th day of January, 2009 by the Council of the Borough of Eagles Mere, Sullivan County, Pennsylvania.

Our Codes are now online:

Eagles Mere Borough Codes

Zoning Hearing Board

Gene Mooney President	2010
Julie Adams	2013
Bob Spahr	2010
Alternate-Lee Hays	2011

BOROUGH OF EAGLES MERE
SULLIVAN COUNTY, PENNSYLVANIA

ORDINANCE NO. 2007-01

AN ORDINANCE OF THE BOROUGH OF EAGLES MERE, COUNTY OF SULLIVAN, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE CODE OF THE BOROUGH OF EAGLES MERE, ADOPTED JANUARY 3, 2000 AS ORDINANCE NO. 2000-1, AS AMENDED, AMENDING CHAPTER 1 “GENERAL PROVISIONS”, AMENDING CHAPTER 17 “HISTORICAL AND MUSEUM COMMISSION”, AMENDING CHAPTER 36 “SHADE TREE COMMISSION”, AND AMENDING CHAPTER 88 “STREETS AND SIDEWALKS”

BE IT ENACTED by the Borough Council of the Borough of Eagles Mere, Sullivan County, Pennsylvania, and it is hereby ENACTED by the authority of the same as follows:

ARTICLE I

Chapter 1 - General Provisions is hereby amended to add Article II General Penalty as follows:

ARTICLE II
General Penalty

§1-16. Violations and penalties.

A. For a violation of any provision of any Chapter of Part II of this Code or any other ordinance of the Borough where no specific penalty is provided regarding the section violated, the maximum penalty shall, upon conviction, be a fine not exceeding $600.00, plus costs of prosecution and, in default of payment of such fines and costs, imprisonment for a period not exceeding thirty (30) days.

B. Except as otherwise provided each and every day in which a violation of any provision of any Chapter of Part II of this Code or any other ordinance of the Borough exists shall constitute a separate violation.

ARTICLE II
Chapter 17 – “Historical and Museum Commission”

Section 17-7 of Chapter 17 - Historical and Museum Commission is hereby amended to read as follows:

§17-7. Conduct of meeting; quorum.

The ordinary rules of order shall govern the transaction of all committee business. The order of business shall be conducted in accordance with such rules and regulations that govern the procedures of Borough Council.

ARTICLE III
Chapter 36 – “Shade Tree Commission”

Section 36-5 – “Definitions” is hereby renumbered as Section 36-2 and the following definitions are amended or added to read as follows:

§36-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

* * * *
PUBLIC STREET – Any street, avenue, boulevard, road, highway, alley or any other ways used or intended to be used by vehicular traffic or pedestrians from curb to curb or where there are no curbs from edge of the berm to the edge of the berm.

SHADE TREE – A tree which may exceed 20 feet in height and situated within the shade tree commission right-of-way. Smaller trees and associated shrubs are included in specific instances of concern involving public, health and/or safety.

RIGHT-OF-WAY – A corridor of land set aside for use, in whole or in part, for a street.

SHADE TREE COMMISSION RIGHT-OF-WAY – The right-of-way plus an additional 10 feet on either side of the right-of-way.

* * * *

STREET – Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alleyway, viaduct and any other ways used by vehicular traffic including, if applicable, the area commonly referred to as “the berm” and shown on the official Borough street maps.

Section 36-2 – “Creation of Commission; membership; power and duties” is hereby renumbered Section 36-3.

Section 36-3 – “Appointments; term of office” is hereby renumbered Section 36-4.

Section 36-4 – “Power and duties” is hereby renumbered Section 36-5 and amended to read as follows:
§36-5. Power and duties.

The Shade Tree Commission shall be empowered to:

A. Advise the Borough Council and recommend to individual owners of private property actions that, in its opinion, should be taken within the Shade Tree Commission’s right-of-way consistent with the purposes of promoting public safety and natural beauty.

B. Develop or obtain and make available pertinent educational materials to members of the community.

C. Develop and actively support an annual “Arbor Day” tree planting/maintenance work program, education, guidance and direction upon request of Borough Council.

Section 36-8 (A) (1), (C) (3) and (D) (1) are amended as follows:

A. Selection.

(1) The Shade Tree Commission shall maintain and distribute, upon request, a listing and other pertinent information regarding tree varieties appropriate to the Borough’s climate zone.

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C. Maintenance.
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(3) The Borough Council, with or without advice from the Shade Tree Commission, may require removal, pruning or treatment of shade trees, shrubs or any combination thereof on private property or within the Shade Tree Commission right-of-way where public health or safety is determined to be at risk. In making such determination, the Borough Council may seek the advice of the Shade Tree Commission, professional foresters, licensed arborists or other persons experienced in this subject.

D. Removal and Replacement.

(1) No private owner shall remove a shade tree in the defined right-of-way without approval of the Shade Tree Commission. The private owner shall replace the removed tree within two years of its removal with another tree species appropriate to the climate zone and the specific planting site. The private owner shall bear the cost of removal and replacement, except in unusual circumstances when any free nursery stock, suitable for the planting site, is available from or through the Commission.

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Section 36-9 is hereby repealed and amended to read as follows:

§36-9. Notice of violations.

In addition to any other remedies available to the Borough a person who shall violate the provisions of this chapter may be contacted by a member of the Shade Tree Commission to discuss the violation relative to the intent of the ordinance regarding tree removal, replacement or treatment/maintenance. A written notice shall be sent following the initial contact outlining the work to be done and a time limit for completion. Non-compliance with the notice may result in Borough Council authorizing the removal, trimming or treatment at the owner’s expense.

ARTICLE IV
Chapter 88 – “Streets and Sidewalks”

Chapter 88 “Streets and Sidewalks” is hereby amended to add Article I Sidewalks as follows:

ARTICLE I
Sidewalks

§88-1. Authority of Borough to Establish Sidewalks.

Pursuant to authority contained in the Borough Code, the Borough shall lay out, ordain and establish sidewalks and establish a grade or grades and specifications for side-walks along any street, and with the consent of the Secretary of Transportation of the Commonwealth, along any state highway and may, with or without petition, require owners of property abutting on any street or state highway to grade, construct, drain, pave, and repave the sidewalk and keep the same in repair and in safe and usable condition along such property.

§88-2. Requirements for New or Reconstructed Sidewalks.

A. Any resident considering constructing, reconstructing, or repairing a sidewalk shall submit an application to the Borough Zoning Officer for a permit and obtain a copy of the Borough’s “specifications for sidewalks”.

B. Prior to construction, reconstruction or repair of sidewalks, the person making the construction, reconstruction or repair, or the owner, shall provide the Zoning Officer with scaled drawings showing a typical cross-section and plain views of sidewalks constructed, reconstructed or repaired and a written description covering the scope and location of the project and showing compliance with the Borough’s specifications for sidewalks.

C. Prior to the pouring of any concrete, but with all grading work completed and all forms in place, the person making the construction, reconstruction or repair, or the owner, shall contact the Zoning Officer for inspection of the site for compliance to the Borough’s specifications for sidewalks.

D. After the sidewalk has been poured and finished, and all grading is completed, the Zoning Officer must again be contacted for final inspection and issuance of a receipt indicating that the sidewalk conforms to the Borough’s specifications.

§88-3. Sidewalk Specifications.

A.        Grade, Size and Shape for Sidewalks. The cross grade of all sidewalks within the Borough shall not be less than one-fourth of an inch, nor more than three-eighths of an inch to the foot, descending from the line of the lot to the street. Joints to abutting sidewalks must be at grade or graded to match.

B.        Forms for Sidewalks. Forms shall be of metal or wood. All forms should be smooth, straight, free from warp and of sufficient strength to resist the pressure of concrete without springing, and staked sufficiently to hold a firm line.

C. Materials for Sidewalks. Sidewalks shall be of concrete. All concrete shall conform to Pennsylvania Department of Transportation specifications for Class A concrete.

D. Backfilling of Sidewalks. After the sidewalk has been finished the spaces on both sides shall be backfilled with acceptable material to a level even with the surface of the sidewalk, top soiled and reseeded with grass, mulched or as other approved by the Borough.

E. Repair or Replacement of Existing Sidewalks. All sidewalks hereafter determined by the Borough as needing extensive or substantial replacement or repairs shall be reconstructed in accordance with the provisions of this ordinance.

F. Maintenance in Usable Condition Required. Except under circumstances beyond the control of the abutting property owner, all sidewalks shall be kept at all times in a clean and usable condition and in good repair by the owner of the abutting property unless circumstances approved by the Council make this impossible.

§88-4. Owner Compliance Upon Notice.

Every owner of property in the Borough of Eagles Mere shall, on thirty (30) days written notice from the Borough Council, construct, reconstruct or repair a sidewalk in front of and/or alongside of such property to conform to the sidewalk specifications established by the Borough. The notice may be served upon the owner by mailing the same to him at his last known address by certified mail, return receipt requested.

§88-5. Claims against owner if Borough does work.

A. Upon the neglect of any property owner to comply with the requirements as provided in the preceding sections of this Article or in the event that any property owner maintains a sidewalk which has been constructed, reconstructed or repaired subsequent to the effective date of this Article in a manner not in compliance with the requirements for sidewalks set forth in this article, the Borough may cause the construction, reconstruction or repairing of the curb or sidewalk to be done at the cost of such owner and may collect the cost thereof together with all charges and expenses from such owner and may file a municipal claim therefore or collect the same by an action in assumpsit.

B. All such notices shall be served upon the owner of the premises to which the notice refers. If the owner is not a resident, then the notice may be served upon the agent or tenant or the owner or upon the occupant of such premises. If the owner has no agent or there is no occupier of such premises, then service shall be by notice posted upon the premises.

§88-6. Sidewalk Construction Projects.

When the Borough Council requires that a sidewalk be installed along one (1) or more properties along a section of a street, the Borough may, with or without the consent of the property owners, or at time a bid is awarded, cause the sidewalk to be constructed along the properties and collect the cost thereof from such owners by allocating the contract price of the construction among such owners on a front foot basis; and in addition the Borough may charge each owner a fee as set from time to time by resolution of the Borough Council which costs and fees the Borough may collect by filing a municipal claim or by action in assumpsit.

§88-7. Borough jurisdiction over sidewalks.

The Borough Council shall have jurisdiction over all sidewalks constructed, reconstructed or repaired along any street, and compliance with the specifications established by the Borough Council shall be required whether the work is done under contract with the Borough or under a contract between the property owner and a contractor or by the property owner himself. The Borough Council may, at their discretion, require inspection of the work in progress at the expense of the property owner. Any sidewalk rejected by the Borough shall be promptly removed and replaced at the expense of the person doing the work and at no expense to the Borough.

ARTICLE V

This Ordinance shall be effective immediately.

DULY ORDAINED AND ENACTED by Borough Council of the Borough of Eagles Mere, Sullivan County, Pennsylvania on the _________ day of March, 2007.

ATTEST: BOROUGH OF EAGLES MERE

By:_____________________________ By:_______________________________
Kay Wilson, Secretary William Feese, Council President

APPROVED this ______ day March, 2007

BY:_______________________________
Betty Hays, Mayor