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Bowmanstown Council hears code questions

The Bowmanstown Borough Council relied heavily upon its solicitor, James Preston, to answer several borough code questions at Tuesday's meeting, including those pertaining to equivalent dwelling units and homeowners' curbing requirements.

While last month resident Carl Walck asked council to add another EDU to his White Street property, this month Councilman Rob Moyer said property owner Duane Schleicher is requesting that his Prince property be dropped from five EDUs to one.Preston said EDUs are not assessed. Rather, once a use of a property is established, in order to get that, one of the things a property owner needs is to get tied into Bowmanstown's sewer system. To be tied into the sewer system, they must have access to the appropriate number of EDUs. For businesses, that number is tied into the number of employees at a site; too many EDUs is OK, but too few is not.However, if fewer EDUs are later needed due to a drop in the number of employees, EDUs can be "abandoned" back to the borough. But in order to then get more again, for instance if more employees are later on-site, a property owner needs to repurchase them.Members discussed that each distinct business, or use, at a site requires at least one EDU and that they are unsure exactly how many businesses currently operate at Schleicher's property. They also discussed ways to determine that.Later, a videographer in the back of the room asked council, "What law are you exercising when you forcibly acquire the equity of a person's private property to hire a third-party contractor, with an unlimited authority, to work on the sidewalk?"President Kara Scott asked the man, who later identified himself as David Bradley of the Carbon County Independent Gazette, if he was referring to the borough's upcoming Hamilton Street project.Council earlier learned that the sole bidder to the county for the project, which will be covered by a CDBG program grant, was Bruce George Paving & Excavating of Kunkletown at $85,218.36. Council decided work should begin as soon as the contractor is ready.Preston said council is using borough code due to shared public easement and public right of way, to require curbing be placed alongside the road. At first, the homeowner is given the opportunity to make that arrangement by selecting someone, like a contractor, to do the work or doing it themselves, as long as it meets borough code requirements.However, if the homeowner ignores his or her responsibility for placing the curbing, the borough then has not just the right, but the obligation, to put the curbing in. The contractor who does so will want to be paid, Preston said, which should fall upon the homeowner, but if that homeowner shirks his or her responsibility, payment is then made by the borough. The borough then places a lien against that homeowner's property to be reimbursed.In other news, members discussed the possibility of bringing back the borough's burn ordinance so that residents can burn yard waste. They also discussed how state regulations are making it increasingly difficult for boroughs, as opposed to private residents, to dispose of yard waste, yet at the same time are also making it difficult to meet the demands required to create a composting station.Members said further discussion is needed.Lastly, Mayor William Ravert announced that trick-or-treat will take place within the borough from 6-8 p.m. on Oct. 29. He said the special fire police will be on the streets that evening to assist the public.