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LEHIGH VALLEY WEATHER

Board discusses animal control, driveway contractor ordinances

BY SUSAN BRYANT

sbryant@tnonline.com

The first topic of discussion at the Heidelberg Supervisors March 16 meeting was the proposed animal control ordinance.

Solicitor Keith Strohl began the discussion.

“You have seen what Weisenberg Township had, Justin (Schell, associate attorney with Steckel and Stopp) went and did a better job of finding what we are talking about when we’re identifying animals, and identifying in the section for offenses, if there are multiple animals involved in particular events, there would be multiple offenses based on the number of animals.”

He said each animal violation would be a separate offense.

“We went through and changed the fines, Strohl explained. “Instead of starting at $50 and $100, we went with $100, and $100 for every additional offense,”

“The Second Class Township code maxes out at $1,000, so therefore I maxed out as far as the fines can go.

“If we are doing $100 per offense and it goes up every subsequent offense an additional $100, if you’re a repeat offender, if you have three offenses, you’re already at $300 and, if it is three animals, it would be $100 plus $200 plus $300. Now you are at $600, so that’s kind of what we did.

“Otherwise, it is not overly complicated, you do not want it to be overly complicated.

“Every offense is a summary offense which maxes out at $1,000 in 90 days. You could have five offenses and it could be a $1,000 fine for each.

“So, somebody could be fined thousands of dollars, if they were a repeat offender and they had five, six dogs running around.”

Strohl told the board they did not need to get all their comments in at the meeting because he needed to read and figure out exactly where they want to place it in the township’s codified ordinance and renumber it so it fits in the correct place.

The second topic of discussion was the driveway ordinance change requiring contractors to be licensed.

“I sent you a copy of the Upper Macungie Township ordinance they just passed this year regarding electricians and plumbers,” Chris Noll, township engineer, told the board.

“Obviously they must have an issue there, so I think that is a decent model to look at.

“Whether you want to stick with driveways, I think that is your call.

“North Whitehall was similar to what I said Plainfield Township had, the current one, it is based on the Workers’ Compensation Act.”

Zoning Officer Dawn Didra said when contractors are completing applications to work in the township, they are supposed to provide insurance information.

“OK, but is there going to be a separate licensing then?” Township Manager Janice Meyers asked.

“That is what the ordinance is for,” Noll responded.

Didra said separate licensing is already required for a contractor, if the contractor is the one who is applying.

“If a contractor does not have any employees, then he doesn’t have to have Workers’ Compensation, but I want to see one guy do a driveway,” Noll commented.

Strohl added his comments on the issue.

“There’s a Home Improvement Contractor law,” Strohl said. “Commercial guys do not have to register but anybody who does home improvement work, which basically is if you do any job, any work, I think after $500 it counts as a home improvement.

“So, under the Home Improvement Contractor law there are certain requirements in the contract.

“It is a consumer protection statute and they have to register with the state to get a contractor number and renew it every couple of years.”

He noted that after the last meeting, he sent the board a copy of Lower Macungie’s contractor registration statute, which looks like it is similar to Upper Macungie, but Upper Macungie’s only deals with electrician and plumbers, where Lower Macungie’s has it for all contractors.

“They have where special electricians and plumbers are considered master contractors and they have to do another step of registration,” Strohl stated. “Again, if you want to just do this registration for driveways or if you want to do it for contractors.

“You can make it simple as they just have to fill out this application and give proof of workers’ compensation.

“If they are doing home improvement work with their contractor number and if they do not do that and they are doing work in the township, then they get fined. “

Strohl then responded to a question regarding definitions and the different grades required.

“It pretty much just a list that anybody doing construction work and construction work is a really big definition,” Strohl said. “Anybody doing construction work has to register and get a contractor’s license.

“I am allowed to work on my own property and that is your exemption, but again you can narrow it if we do not want to deal with all contractors.

“If we do not want to require the plumbers and the electricians to give us their certifications that is up to you, but you can see there are a few different models we have to look at.”

During the discussion which included contractor licensing and permits, Didra commented.

“Those contractors doing the building permits are not, at least traditionally, we have not had issues with them, so much as the driveways.

“There is going to be a lot of educating the residents, too, that this is required and that you do not sign with some fly-by-night guy who does not have a license in the township.”

After further discussion, the board asked Strohl to draft the new driveway ordinance requiring contractors to be licensed.