May 10, 2001 Maidencreek Supervisor's Meeting:
I was not present at the meeting, but was able to participate via telephone. I apologize, my original work schedule had me returning Thursday morning, but my business trip was extended out of necessity for the company to have me return Saturday. At that point, the best I could do was phone in.
Fee in Lieu of Ordinance:
This is the ordinance that would have discouraged business in the township by charging a recreation fee to business properties being developed. The matter was dropped when the solicitor informed us that the fee for business is likely to lose in court. The only part of this ordinance that was adopted is a section clarifying our fee in lieu of for residences. This is not actually a change in the way the township handles fee in lieu of for residences. I voted for this clarification.
Noise Ordinance:
The noise ordinance passed two to one. I voted against this ordinance. I feel it has become to expansive, and gives neighbors a possible weapon to use against each other in neighborhood disputes. We do have a couple of problems in the township, but I fear this ordinance will create more problems than it solves. My concerns appear in the notes from previous meetings. The ordinance passed essentially in the form that is posted on this web site. Only two typos were corrected. Strictly interpreted this ordinance would prevent you from running a power mower on your property line. The ordinance includes both objective and subjective criterion for determining a violation. (check out section 6.01 if any two residents think something is too loud it is a violation, regardless of the time of day.)
I am frustrated that the only tool we have as supervisors is this type of ordinance. I have contacted our State Representative David Argall about the possibility of modifying the responsibilities of the District Justice to allow him to issue an injunction to stop specific annoying activities. The Township could ask for the injunction. This new tool could be used to address specific problems without clamping down on the whole community. Hopefully, the Township together with the District Justice could assure enough due process to protect everyone's property rights as the specific issues are dealt with. As it is, if we continue to pass an ordinance every time some is annoyed by a behavior, we will soon have a Township where everything that is not mandatory will be forbidden.
paid for
by Roy Timpe