Unless otherwise expressly stated, or unless the context clearly
requires a different meaning, the following words and terms, when
used in this article, shall have the meanings next ascribed to them:
ABUTTING PROPERTY or PROPERTY ABUTTING THE WORK
Or terms of similar import, in reference to a Borough street
or a non-Borough street — or in reference to any construction,
excavation or repair of a sidewalk, curb or curb cut, gutter, or surface
water drain within the right-of-way lines of a Borough street or a
non-Borough street — means (irrespective of what the reversion
rights in a street might be) that: a) a line of the property physically
touches a right-of-way line of the street; or b) a line of the property
does not physically touch a right-of-way line of the street but is
adjacent or contiguous to a right-of-way line of the street, irrespective
of where the line of the property may be in relation to the right-of-way
line of the street. (See § 101.1 of the Borough Code, 8
Pa.C.S.A. § 101.1, as amended.)
BOROUGH STREET
A street which has been taken over by the Borough and incorporated
into the Borough street system or an alley which has been taken over
by the Borough and incorporated into the Borough alley system.
DEPARTMENT
The Building Codes, Property Codes and Zoning Code Department
of the Borough, or the Department officers.
NON-BOROUGH STREET
A street, road, lane, cul-de-sac, alley or the like which
is located within the Borough and which is open for the use of the
public, but which has not been taken over by the Borough and incorporated
into the Borough street system or Borough alley system. By way of
example, a state highway in the Borough is a non-Borough street, as
is the type of road in a subdivision development which has not been
taken over by the Borough and incorporated into the Borough street
system but whose functions are to circulate or move either through
traffic or local traffic and to provide the principal means of direct
access to abutting properties.
OWNER OF A PROPERTY
Or a term of similar import, means any person who, whether
alone or jointly or severally with others:
(1)
Actually owns a lot or parcel of real estate (that is, has legal
title to or a vested or equitable interest in the real estate, with
or without actual or accompanying possession thereof); or
(2)
Has charge, care or control of the real estate as agent, attorney,
manager, operator, receiver, trustee or the like for the owner or
as agent, manager, personal representative, trustee or the like for
the estate of the owner.
PERMIT
The permit issued by the Department:
(1)
Authorizing the construction, excavation or repair of a sidewalk,
curb or curb cut within the right-of-way lines of a Borough street;
or
(2)
Authorizing the construction, excavation or repair of a sidewalk,
curb or curb cut, gutter or surface water drain within the right-of-way
lines of a non-Borough street.
PERMITTEE
The contractor who will perform the work which is the subject
of a permit, or the owner of the property abutting the work which
is the subject of a permit if the owner will perform the work by himself
or with his own forces; and, therefore, the person in whose name the
permit was issued.
PERSON
Any individual, partnership, firm, association, organization,
corporation, government agency, municipal authority, or other entity.