The definitions for the provisions of the Code of Ordinances
of the Borough of Milton are as follows:
ACCESS DRIVE
A two-lane cartway designed for entry or exit into a development
and allowing for curbside parking.
ACCESSORY USE OR STRUCTURE
A use or structure on the lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
ANIMAL AT LARGE
Any animal not under the restraint of a mechanical structure
or component or a person capable of controlling the animal on or off
the premises of the owner.
ANIMAL OWNER
When applied to the proprietorship of an animal, the term
"owner" includes every person having a right of property to such animal
and every person who permits such animal to remain on or about any
premises occupied by him.
APPLICANT
Any person making application to the Borough for approval
of a desired activity covered under the adopted ordinances or regulations
of the Borough.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared; for purposes of this chapter, the one-hundred-year
flood.
BASE FLOOD ELEVATION
The one-hundred-year flood elevation. Within the approximate
floodplain, the "base flood elevation" shall be established at a point
on the boundary of the approximated floodplain which is nearest to
the construction site in question.
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BOROUGH
The Borough of Milton, Northumberland County, Pennsylvania.
BOROUGH COUNCIL
The duly elected or appointed persons comprising the Borough
Council of the Borough of Milton, Northumberland County, Pennsylvania.
BUILDING LINE
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
BURNING
The act of consuming by fire; to flame, char, scorch, or
blaze. "Smoldering" shall have the same meaning as burning, and any
smoldering shall be deemed to be burning.
CODE(S)
The officially adopted regulations/ordinances comprising
the Code of the Borough, including all adopted Zoning and Property
Maintenance regulations of the Borough of Milton, Northumberland County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The individual, person, or entity appointed, contracted,
or designated by the Borough Council for the purpose of enforcing
compliance with the ordinances and codes of the Borough of Milton.
COLLECTOR
A person designated or approved by the Borough of Milton
for the purpose of collecting and transporting recyclables, including
the Borough of Milton or its authorized agents, or a person regularly
engaged in the transportation or disposal of municipal solid waste
generated in the Borough by another person.
COMMERCIAL ESTABLISHMENT
Any premises engaged in retail trade, sale of goods, or performance
of services. Expressly included are all restaurants and taverns, all
industrial or manufacturing businesses and all types of offices.
COMMISSION
The Planning Commission of the Borough of Milton.
COMMON AREA
Any area, open or enclosed, whether interior or exterior,
shared by occupants or that the occupants have the right to share,
including but not limited to kitchens, bathrooms, living rooms, dining
areas, garages, laundry areas, hallways, stairwells, attics, basements
and any room used for parties, social events or the congregation of
people, or any open area on the property owned by the landlord that
the occupants have the right to use, including but not limited to
porches, decks, patios, yards, parking lots, driveways and walkways.
COMMUNITY ACTIVITIES
As it pertains to recycling, events that are sponsored by
public or private agencies or persons, attended by 200 or more individuals
per day, that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events.
COMMUNITY LIVING FACILITY/GROUP HOME
A licensed facility operated in compliance with the regulations
of United States, Commonwealth of Pennsylvania, Northumberland County,
and the Borough of Milton, and which provide a living arrangement
whereby unrelated individuals with diagnosed mental health, medical,
or physical handicaps reside on a permanent basis with twenty-four-hour
supervision and whose primary purpose is the development and maintenance
of community living skills, or to provide custodial care.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
COMPOST/COMPOSTING
A process of controlled biological decomposition of organic
materials, producing stable, aerobic, humus-like products.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
COUNTY
A recognized government entity having powers designated to
it by the Commonwealth of Pennsylvania to operate as a county. As
applied to the ordinances of the Borough of Milton, typically Northumberland
County. As it pertains to the Solid Waste Ordinance of the Borough
of Milton, it refers to Lycoming County, Pennsylvania, and any of
its agencies and departments.
CURB CUT OR INSTALLATION WORK
The cutting of curbs, installation of curbing, installation
of driveway openings or other work permitted under a curb cut or installation
permit and required to be performed under the applicable ordinance
of the Borough.
CURFEW
A regulation to restrict outdoor activities of minors in
public places within the Borough of Milton.
DEVELOPMENT
Any intentional change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land.
DEVICE
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, any jukebox or mechanical amusement device, vending machine,
or electronic device, the use of which for profit is taxable as levied
under the ordinance.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of solid waste enters
the land, is emitted into the air or is discharged into the waters
of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, incinerator, resource recovery
facility or premises to be used for the ultimate disposal of solid
waste.
DISRUPTIVE/DISORDERLY CONDUCT
In accordance with Milton Borough Code or state regulations,
any form of conduct, action, incident or behavior perpetrated, caused
or permitted by any occupant or visitor of a regulated dwelling unit
that is so loud, untimely (as to hour of the day), offensive, riotous
or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct.
DISRUPTIVE/DISORDERLY CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or a law
enforcement entity upon actual investigation of an alleged incident
of disruptive conduct or disorderly conduct. A written or electronic
record/copy of the such reports shall be maintained by the Code Enforcement
Officer. Such records shall be maintained in the Borough offices,
with no such record being retained beyond 10 years.
DRIVEWAY
A cart way designed for entry and/or exit into a zoned lot,
consisting of a minimum of one lane of travel.
DWELLING UNIT
One or more rooms occupied by the owner and comprising one
family, and including permanent provisions for living, sleeping, sanitation,
and eating, whether including or not including cooking.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
[Added 2-24-2016 by Ord.
No. 1203]
EMERGENCY
Unforeseen circumstances, or the status and conditions resulting
therefrom, requiring immediate action to safeguard life, health, or
property. The term includes, but is not limited to, fires, natural
disasters, automobile accidents, medical emergencies, or other similar
circumstances.
EMPLOYER
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, a person employing one or more persons on a salary, wage,
commission, or other compensation basis, including a self-employed
person.
ENGINEER
The person authorized and contracted by the Borough for the
practice of civil engineering as defined by the Registration Act of
the Commonwealth of Pennsylvania. See 63 P.S. § 148 et seq.
ENGINEERING SPECIFICATIONS
The engineering specifications of the Borough regulating
the installation of any required improvements or for any facility,
installed by an owner or contractor, subject to public use.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
EXCAVATION WORK
The excavation and other work permitted under an excavation
permit and required to be performed under the adopted ordinances of
the Borough.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots in which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
FEDERAL
The government of the United States of America.
FISCAL YEAR
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, the twelve-month period beginning January 1 and ending
December 31.
FLOOD
A general and temporary inundation of water upon a normally
dry land area.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
as shown on the official Milton Borough Zoning Map on file and available
for inspection in the Borough Offices. For the purpose of these codes,
the one-hundred-year floodplain as defined by the United States Department
of Housing and Urban Development (HUD), Flood Insurance Administration
(FIA). Also including an area subject to the unusual and rapid accumulation
of runoff or surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures and contents of buildings.
GARBAGE
Any refuse, animal and vegetable matter, offal from meat,
fish or fowl, fruits, vegetables and parts thereof, and other articles
and materials ordinarily used for food which have become unfit for
such use or which are for any reason discarded.
GLASS RECYCLABLES
Food or beverage containers consisting of clear, green, blue
or brown glass. All others are excluded, such as, but not limited
to, plate or window glass, automotive glass, lighting glass, and porcelain
and ceramic products.
GUEST
A person on the premises with or without the actual or implied
consent of an occupant.
INCINERATION
The undergoing of rapid combustion of a substance in such
a manner as to give off heat, gases and usually, but not always, light.
INDIVIDUAL
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, any person engaged in any occupation, trade or profession
within the corporate limits of the Borough of Milton.
INDIVIDUAL RESIDENTIAL UNIT/ONE-FAMILY DWELLING
Herein after referred to as a "residential unit," any building
or portion thereof designed or used exclusively by one or more related
persons, but not more than one family, as a residence or sleeping
place, or a single unit providing complete, independent living facilities
for one or more related persons, and/or including permanent provisions
for living, sleeping, sanitation, and eating, whether including or
not including cooking. For the purposes of the Non-Owner-Occupied
Residential Property Ordinance, this term shall not be deemed to include a property if
it is licensed, regulated, and inspected in accordance with federal
and/or state regulations as a hotel or motel, hospital, nursing home,
assisted living facility, or group home, but shall include dormitory,
fraternity, or sorority houses. Herein after a "residential unit"
or "rental unit."
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
JUKEBOX
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into any crevice, slot
or other opening, operates or may be operated for the emission of
song, music or similar amusement.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts, or parcels of land for any purpose involving a group of two
or more buildings; or the division or allocation of land or space
between or among two or more existing or prospective occupants by
means of or for the purpose of streets, common areas, leaseholds,
condominiums, building groups, or other features; a subdivision of
land; the addition or conversion of buildings on an existing parcel
of land.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
LOCAL DISASTER EMERGENCY
Those conditions which may be actually or likely to affect
seriously the safety, health or welfare of a substantial number of
citizens of the Borough of Milton or preclude the operation or use
of essential public services and have been caused by forces beyond
the control of man or by reason of civil disorder, riot or disturbance.
LOT
A plot or parcel of land which is or in the future may be
offered for sale, conveyance, transfer or improvement.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of the National
Flood Insurance Program, Part 60.3.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, and recreational and
other similar vehicles placed on a site for more than 180 consecutive
days.
MECHANICAL AMUSEMENT DEVICE
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough any device other than a jukebox which, upon the insertion
of a coin, slug, token, plate, or disc, or other means of payment,
may be operated for use as a game, entertainment or amusement, whether
or not registering a score and whether or not a prize is offered,
including legally placed electronic gambling machines.
MINOR
Any person less than 18 years of age, unless the individual
is legally married or legally declared an emancipated minor.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition, or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exit requirements; nor shall "minor repairs"
include the addition to, alteration of or replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
MULTIPLE RESIDENTIAL UNIT DWELLING/MULTI-FAMILY HOUSING FACILITY
A building or portion thereof containing two or more individual
residential units including but not limited to garden apartments,
townhouses, elevator apartments, condominiums, and conversion apartments.
For the purposes of the Non-Owner-Occupied Rental Inspection Ordinance, this term shall not be deemed to include a property if
it is licensed, regulated, and inspected in accordance with federal
and or state regulations as a hotel or motel, hospital, nursing home,
assisted living facility, or group home, but does include a dormitory,
fraternity or sorority house.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
MUNICIPAL WASTE/MUNICIPAL SOLID WASTE
Any garbage, refuse, rubbish, industrial lunchroom or office
waste and other material, including solid, liquid, semi-solid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
Also included is any sludge not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act (See 35 P.S.
§ 6018.101 et seq.) from a municipal, commercial or institutional
waste supply treatment plant, wastewater treatment plant, water supply
treatment plant, or air pollution control facility. The term does
not include source-separated recyclable materials.
NEW CONSTRUCTION
Structure for which the start of construction, as herein
defined, commenced on or after the effective date of the Flood Damage
Prevention Ordinance. This term does not apply to any work on a structure existing
before the effective date of the Flood Damage Prevention Ordinance.
NEW MANUFACTURED HOME PARK
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of the
floodplain management regulations adopted by this community.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisement and other matters of public interest. Expressly
excluded are glossy advertisement inserts often included in newspapers.
NON-OWNER-OCCUPIED RESIDENTIAL UNIT
A dwelling unit within or upon a premises, occupied by one
or more related or unrelated persons for the purpose of maintaining
living quarters in accordance with a rental or occupancy agreement
or lease. Hereafter referred to as a "rental unit."
NUISANCE PROPERTIES
Those properties for which greater than 10 ordinance violations
have been documented and successfully enforced within a one-year period.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard, or change the direction of flow of water either
in itself or by catching or collecting debris carried by such water;
or is placed where the flow of the water might carry same downstream
to the damage of life and property.
OCCUPANCY LIMIT
The legal number of related individuals permitted to occupy
a single Non-Owner-Occupied Residential Property as a dwelling.
OCCUPANCY PERMIT
The document issued in accordance with Borough ordinance
to the Owner of a non-owner-occupied residential property, which by
its issuance authorizes the property to be occupied by tenants.
OCCUPANT/TENANT
Any person, including domestic service employees, living
and or sleeping in a dwelling unit. For the purpose of the Non-Owner-Occupied
Residential Rental Inspection Ordinance, an "occupant/tenant" shall be defined as an individual(s)
occupying a residential unit in which the individual has no legal
ownership or title. Herein referred to as an "occupant."
OCCUPATION
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, any trade, profession, business or undertaking of any
type, kind or character, including services, domestic or other, carried
on or performed within the corporate limits of the Borough for which
compensation is charged or received, whether by means of salary, wages,
commissions or fees for services rendered.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any year. For the purpose of the Flood
Damage Prevention Ordinance, the "one-hundred-year-flood" (base flood) as defined by
the United States Department of Housing and Urban Development (HUD),
and Federal Insurance Administration (FIA), in the Flood Insurance
Study, Borough of Milton, Northumberland County, Pennsylvania.
OPERATOR
For the purpose of the Vending Machine Ordinance of the Borough, any person which owns, leases or has responsibility for
the operation of one or more vending machines.
OWNER
A person or other legal entity in whom is vested all or part
of the legal title to an owner or non-owner-occupied residential property,
including a mortgage holder in possession of an owner occupied or
non-owner-occupied residential property, or any person recorded in
the official records of the state, county, or municipality as holding
title to the property; or otherwise having control of the property,
including the heirs or guardian of an estate of any such person; or
the executor or administrator of the trust or estate of such person
if ordered to take possession of real property by a court, or by power
of attorney; or the owner of real property determined to be in violation
of an ordinance of the Borough. Whenever used in any clause prescribing
or imposing a penalty, the term "owner" as applied to partnerships
or associations shall mean the partners or members thereof, and as
applied to corporations or trusts, the officers thereof.
PARENT
A person who is the biological or adoptive parent of a minor
and with whom a minor regularly resides, including a person who is
a minor's biological or adoptive parent, and who has temporary
legal custody of a minor if custody is shared under a court order
or agreement; a person judicially appointed as a legal guardian of
the minor.
PERMITTEE
Any person who has been granted and has in full force and
effect a permit from the Borough of Milton for approval of a desired
activity covered under the adopted ordinances or regulations of the
Borough.
PERSON
Any individual or group of individuals, a natural person,
partnership, corporation, unincorporated or incorporated association,
limited partnership, firm, or corporation, trust or any other entity,
either as principal or agent. For the purpose of the Flood Damage
Prevention Ordinance, this includes state and local governments and agencies.
POLICE
The Police Department of the Borough of Milton or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Milton.
PREMISES
Any parcel of real property in the Borough of Milton, including
the land and all buildings and auxiliary structures or elements, on
or in which one or more owner or non-owner-occupied residential units
is located.
PRINCIPALLY ABOVE GROUND
Where at least 51% of the actual cash value of a structure,
less the land value, is above ground.
PUBLIC ENTERTAINMENT
A.
Any theatrical or dramatic performance, opera, concert, vaudeville,
or motion-picture show or any other exhibition, show or amusement
whatever, of any nature or kind, for which an admission fee is charged
or for which money or any other nature of reward is in any other manner
demanded or received.
B.
The term "public entertainment," shall not include any of the
following: any lecture on current events or of a scientific, literary,
historical, religious, or educational subject; any exhibition of statuary,
painting, or handicraft of any kind; any church or school affair or
any performance or exhibition conducted solely for any charitable
or benevolent purpose; any circus or carnival; any entertainment conducted
regularly from a single location in the Borough, throughout the year
or the major portion thereof, as a business enterprise, it being the
intent of this chapter to provide a means of regulation and supervision
and surveillance over entertainments of a casual or transient nature
within the Borough.
PUBLIC PLACE
Any place to which the public has access, including but not
limited to streets, highways, alleys, parks, sidewalks, and any buildings,
facilities, or businesses open to the public.
RECREATION PLACES
Includes all parks, playgrounds and recreation areas now
or hereafter owned or maintained by the Borough of Milton, Pennsylvania,
or operated by its Recreation Board.
RECYCLABLE MATERIALS
Any substances, including but not limited to glass, paper,
plastic, metal and rubber, which may be reprocessed and made useful.
Source-separated materials, including those listed in Section 1501
of Act 101. (See 53 P.S. § 4000.1501 et seq.)
RECYCLABLE OFFICE PAPER
All white paper, bond paper, and mixed office paper, including
business envelopes, used in commercial, institutional and municipal
establishments and residences, including that which has been processed
by shredding.
RECYCLABLE PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled. Not acceptable for
recycling purposes are plastic containers which previously contained
automotive products.
REFUSE
All matter and materials discarded or rejected by their owners
thereof as offensive or useless or which, by their presence and accumulation,
may injuriously affect the health, comfort, and safety of the residents
of the Borough and shall include but not be limited to ashes, garbage,
rubbish, litter and other discarded materials, but shall exclude human
body waste.
REFUSE PILFERING
The removal or disturbance of recyclable material without
Borough authorization at the curbside or other Borough designated
pickup/dropoff point or on private property without the property owner's
permission.
REGULAR
Occurring two or more times per calendar month.
RELATED
Of or pertaining to persons related to one another through
blood to the level of first cousins, adoption or marriage.
REMAIN
Refers to the following actions: to linger or stay at or
upon a place, and/or to fail to leave a place when requested to do
so by a police officer or by the owner, operator, or other person
in control of that place.
RENTAL AGREEMENT/LEASE/OCCUPANCY OR RESIDENCY AGREEMENT
A verbal or written agreement between the owner of a non-owner-occupied
residential unit and the occupant(s), embodying the terms and conditions
concerning the use and occupancy of a specified non-owner-occupied
residential property or premises. Hereafter referred to as "rental
agreement."
RUBBISH
Any sylvan materials, plastic materials, leather, rags, grass,
straw, or manure and all solid combustible matter not included in
this section under the term "garbage."
SANITARY SEWER
A pipe for conveying sewage and excludes storm, surface,
and ground water.
SMOKE or SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lit cigar, cigarette, pipe, or of any matter or
substance which contains tobacco.
[Added 2-24-2016 by Ord.
No. 1203]
SOLID WASTE
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill coatings.
SOLID WASTE LICENSE
A written authorization from the appropriate County having
jurisdiction for the transportation and disposal of local municipal
solid wastes at a properly licensed and designated municipal solid
waste disposal facility.
SOLID WASTE PERMIT
A written authorization from the Borough for the transportation
of municipal solid waste to the Borough's transfer station.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all or a designated portion of a floodplain.
START OF CONSTRUCTION
The first placement of permanent construction (other than
a manufactured home) on a site, such as the pouring of slabs or footings,
or any work beyond the stage of excavation. Permanent construction
does not include land preparation, such as clearing, grading and filling;
nor does it include excavation of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages
and sheds, not occupied as dwelling units or not as part of the main
structure. For a structure (other than a manufactured home) without
a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For manufactured homes not within
a subdivision of facilities, the start of construction is the date
on which the construction of facilities for serving the site on which
the manufactured home is to be affixed, including, at a minimum, the
construction of streets, either final site grading or the pouring
of concrete pads and installation of utilities, is completed.
STATE
As referenced in these ordinances with regard to "state"
regulations or laws, it refers to the Commonwealth of Pennsylvania.
STEEL CANS
Empty all-steel food and beverage containers.
STORAGE
The containment of municipal solid waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of municipal solid waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
STORM SEWER
A pipe for conveying rainwater, surface water, condensate,
cooling water and similar liquid waste, exclusive of sewage, domestic,
or industrial waste.
STREET
Any street, highway, sidewalk, alley, avenue or other public
way or grounds or public easements in the Borough, or in a subdivision
proposed for dedication to the Borough.
STREETS, ALLEYS
Minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
STREETS, MARGINAL ACCESS
Minor streets which are parallel to and adjacent to primary
streets and which provide access to abutting properties and protection
from through traffic.
STREETS, MINOR
Streets which are used primarily as access to the abutting
properties.
STREETS, PRIMARY
Streets which transverse through the municipality and are
used primarily for through, fast or heavy traffic.
STREETS, SECONDARY, AND COLLECTOR STREETS
Streets which carry traffic from minor streets to the major
system of primary streets, including principal entrance streets of
a residential development and streets for major circulation within
such developments.
STREET WIDTH
The shortest distance between the lines delineating the right-of-way
of a street.
STRUCTURE
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home park.
SUBDIVIDER
The owner or authorized agent of the owner of a lot, tract
or parcel of land to be subdivided and/or developed under the Subdivision
and Land Development Ordinance of the Borough.
SUBDIVISION
The division or re-division of a lot, tract, or parcel of
land by any means into two or more lots, tracts, or parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, transfer of ownership
or building or lot development; provided, however, that the division
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new streets or easements of access, shall be exempted.
The term includes re-subdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided
and/or developed.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any rehabilitation, addition or other improvement of a structure,
the cost of which equals or exceeds 50% of the market value before
the start of construction of the improvement. This term includes structures
which have incurred substantial damage regardless of the actual work
performed. The term does not include, however, either any project
for improvement of a structure to correct existing violations of state
or local health, sanitary or safety code specifications which are
identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or any alteration
to an historic structure on the National Register of Historic Places
or State Inventory of Historic Places.
SURVEYOR
A registered surveyor, as defined by the Registration Act
of the Commonwealth of Pennsylvania. (See 63 P.S. § 148
et seq.)
SYLVAN MATERIALS
Any substances composed of wood, including but not limited
to leaves, brush, trees, paper, newspapers, magazines and similar
natural items.
TAX
For the purposes of taxation as provided in the Taxation
Ordinance of the Borough, the occupation privilege tax in the amount of $10 levied
by the ordinance, or any other revenue producing mechanism or program
so designated.
TAX RECEIVER/COLLECTOR
The person designated by the Borough for the collection of
occupational or other taxes, as provided in the Taxation Ordinance
of the Borough.
TRANSFER STATION
An area for the storage of municipal solid waste until its
final transportation and disposal.
TRANSPORTATION
The off-site removal of any waste at any time after generation.
UNRELATED
Of or pertaining to persons not related to one another through
blood to the level of first cousins, adoption or marriage.
VENDING MACHINES
Any machine which is placed on the outside of a structure
and which is used for the sale of products to the public by the insertion
of coins or paper money, or other means of payment into said machine.
VEHICLE IN AN ABANDONED CONDITION
Any vehicle, except a pedalcycle, which has been left for
48 hours on public or private property and which vehicle is incapable
of being safely operated on a roadway, other than requiring minor
repairs, such as a flat tire. Any vehicle on public or private property
which by its condition presents a health or safety hazard to the community,
including but not limited to a vehicle which is being used for any
purpose for which it is not intended or is in such condition that
it draws rodents, birds or other animals for nesting or hiding or
is being used for storage or as a trash container or is being used
to house animals or people. Any vehicle which is left unattended for
48 hours on public property or public roadways or on private property
without the owner's or occupant's consent. Any vehicle which
is being stripped or shows signs of being stripped and/or is being
used for parts.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Borough for beneficial use. (See "municipal
waste.")