As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL OPERATION
The use of any parcel of land containing five or more acres for economic
gain in the raising of agricultural products or livestock. It includes necessary
structures within the limits of the parcel and the storage of equipment necessary
for production.
ANTIQUE VEHICLE
Any vehicle 25 years or older which has been restored to good operating
and road-worthy condition. (See definition of "good operating and road-worthy
condition.")
ASHES
Residue from fire used for cooking and for heating buildings, or
from other burning.
ATTRACTIVE PUBLIC NUISANCE
A condition of property which may reasonably be construed to be a
source of danger to the persons who may reside or otherwise be on the premises,
or who may, by reason of something which may be expected to attract them,
come to the premises.
AUTO REPAIR GARAGE
An area where repairs, improvements and installation of parts and
accessories for motor vehicles and/or boats are conducted that involves work
that is more intense in character than work permitted under the definition
of "auto service station." An auto repair garage shall include, but not be
limited to, a use that involves any of the following work: major mechanical
or body work, straightening of body parts, painting, welding or rebuilding
of transmissions.
AUTO SERVICE STATION
An area where gasoline is dispensed into motor vehicles, and where
no repairs are conducted, except work that may be conducted that is closely
similar in character to the following: sale and installation of oil, lubricants,
batteries and belts and similar accessories and safety and emission inspections,
and sale of prepackaged propane.
BUILDING
Any structure having a roof supported by fully enclosed exterior
weight-bearing walls and intended for the shelter, housing or enclosure of
any individual, animal, process, equipment, services, goods or materials of
any kind or nature, including, but not limited to, dwellings, dwelling units,
mobile homes, garages, barns, stables, sheds, plants, factories, warehouses
and similar structures.
COLLECTOR VEHICLE
Any vehicle of limited manufactured production from the present through
24 years old, in good operating and road-worthy condition. (See definition
of "good operating and road-worthy condition.")
CONTRACTING BUSINESS
An active, ongoing business legally operating which involves the
performance of services related to the construction of buildings, erection
of structures, the preparation of the land for buildings and structures, the
installation of community facilities, such as roads, water systems and sewage
disposal systems, or the provision of transportation services.
DANGEROUS PREMISES
Any building, structure or property which has any or all of the following
defects:
A.
Any structure which, exclusive of the foundation, shows damage or deterioration to 33% of the supporting member or members, or damage or deterioration to 50% of the nonsupporting enclosing or outside walls or coverings as determined in accord with Article
VII.
B.
Any structure which has improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which has insufficient strength
to be reasonably safe for the purpose used.
C.
Any structure which has been damaged by fire, wind or other causes so
as to be dangerous to life, safety, or the general health and welfare of the
occupants or the public.
D.
Any structure which is so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin infested or which so utterly fails to provide the amenities essential
to decent living that it is unfit for human habitation, or is likely to cause
sickness or disease, so as to work injury to the health, safety or general
welfare of those living therein.
E.
Any structure which has parts which are so inadequately attached that
they may fall and injure occupants, property or members of the public.
F.
Any structure used for a residential dwelling or human occupancy, excluding
accessory structures, which lacks illumination, ventilation and/or sanitation
facilities or because of another condition is unsafe, unsanitary, or dangerous
to the health, safety, or general welfare of the occupants or the public.
G.
Any building, structure or property which because of its location or
due to an accumulation of garbage or rubbish is unsanitary, or otherwise dangerous,
to the health or safety of the occupants or the public.
H.
Any building, structure or property which can be construed as an attractive
public nuisance.
DWELLING
Any building which is wholly or partly used or intended to be used
for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended to be used
for living or sleeping by human occupants.
EMERGENCY CASE
A violation which poses an imminent threat to the public health,
safety or welfare and which requires immediate action to eliminate such imminent
threat.
ENFORCEMENT OFFICER
The individual(s), agency or firm appointed by the Chestnuthill Township
Board of Supervisors to enforce the provisions of this chapter.
EXTERMINATE
To control and eradicate insects, rodents or other pests by eliminating
their harborage places, removing or making inaccessible materials that may
serve as their food, poisoning, spraying, fumigating, trapping, or by any
other recognized and legal pest elimination methods.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
GOOD OPERATING AND ROAD-WORTHY CONDITION
A vehicle having both a current and valid registration and current
and valid inspection sticker as required by the motor vehicle laws of the
Commonwealth of Pennsylvania, or if lacking a registration and/or inspection
sticker, is in full and complete working order and condition, but for not
having said current registration and inspection sticker could be safely and
legally operated on a public roadway. Registrations and inspections which
have been expired for less than 60 days shall be considered current for the
purposes of this definition.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture, appliances,
motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers
and building materials. "Junk" shall not include solid waste temporarily stored
in an appropriate container that is routinely awaiting imminent collection
and proper disposal, toxic substances, yard waste, or items clearly awaiting
imminent recycling at an appropriate location.
JUNK VEHICLE
Includes any vehicle or trailer, not in a good operating and road-worthy
condition, that meets any or all of the following conditions:
A.
Cannot be moved under its own power, in regards to a vehicle designed
to move under its own power, other than a vehicle clearly needing only minor
repairs.
B.
Cannot be towed, in regards to a trailer designed to be towed.
C.
Has been demolished beyond repair.
D.
Has been separated from its axles, engine, body or chassis.
E.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
JUNKYARD
A.
Land or a structure used for the collection, storage, dismantling, processing
and/or sale, other than within a completely enclosed building, of material
of one or more of the following types:
(1)
Junk covering more than 1% of the lot area.
(2)
Two or more junk and/or unregistered vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of a lawfully permitted auto repair garage within the requirements of Chapter
119, Zoning, Township Code.
(3)
One or more mobile/manufactured homes that are not in a habitable condition.
B.
Junk stored within a completely enclosed building for business purposes
shall be considered a warehouse.
C.
A junkyard specifically shall include but not be limited to a metal
scrap yard or auto salvage yard.
LOT
A designated parcel, tract or area of land, regardless of size, established
by a plat or other legal means, and intended for transfer of ownership, use,
lease or improvements or for development, regardless of how or if it is conveyed.
NUISANCE
Any unreasonable, unwarrantable or unlawful course of conduct or
use of private or public property which causes or may cause injury, damage,
hurt, inconvenience, interference, or discomfort to others in the legitimate
use and enjoyment of their rights of person or property.
OCCUPANT
The person owning, leasing, renting, occupying or having charge,
care, custody or control of any premises in Chestnuthill Township.
ON-SITE UTILITY VEHICLE
Any junk or unregistered vehicle used on a specific property for
plowing snow, hauling fire wood, moving goods or equipment, and other similar
property maintenance or operational activities.
OUTSIDE STORAGE
Not contained in a building fully enclosed with completed walls and
roof.
OWNER
The person who, alone or jointly or severally with others is the
owner of record of the premises as filed with the Monroe County Recorder of
Deeds. In the case where an owner is represented by an agent, including but
not limited to a manager, executor, executrix, administrator, administratix,
or guardian of the estate of the owner, such person thus representing the
actual owner shall be bound to comply with the provisions of this chapter
and with rules and regulations adopted pursuant thereto, to the same extent
as if he were the owner.
PERSON
An individual, trustee, executor, other fiduciary, corporation, firm,
partnership, association, organization or other legal entity.
PROPERTY
A piece, parcel, lot or tract of land.
RUBBISH
Combustible and noncombustible waste materials including but not
limited to, garbage, junk, residue from the burning of wood, coal, coke, and
other combustible material, paper, rags, cartons, boxes, wood, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery
and dust, and similar materials.
SCREENED
Not visible from any adjoining or neighboring property, any public
or private road right-of-way, or any other premises, and which is accomplished
by fencing, topography, berms, natural and planted vegetation or other means
approved by the Township.
TOWNSHIP
The Township of Chestnuthill, Monroe County, Pennsylvania.
TOWNSHIP CODE
The Code of the Township of Chestnuthill, Monroe County, Pennsylvania.
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license plate
with a current registration sticker and does not have a valid state safety
inspection sticker. This term shall not apply to vehicles (such as licensed
antique cars) for which state regulations do not require an inspection sticker.
The term also shall not include motor vehicles displaying a license and inspection
stickers that have each expired less than 60 days prior to the first inspection
and notice under this chapter.
VEHICLE
Any device in, upon or by which any person or property is or may
be transported or drawn upon a public highway or upon any land, including,
but not limited to, automobiles, trucks, vans, buses, utility trailers, tractors,
truck tractors, recreational vehicles, motor homes, travel trailers, motorcycles,
machinery, trailers, farm machinery and implements, and other wheeled equipment;
boats; and aircraft.
VEHICLE or EQUIPMENT REPAIR/TOWING OPERATION
An establishment, operating in accord with the Township requirements,
engaged in the service and/or repair of vehicles, including but not limited
to, auto body shops, repair garages, truck repair garages, towing companies
and agriculture equipment repair.
VEGETATION
Any grass, weed, vegetable, crop, shrub, or other plant.
VERMIN INFESTED
The presence, within or upon a premises, of any insects, rodents
or other pests which constitute a public nuisance.
WASTE or GARBAGE
Any garbage, refuse, industrial, lunchroom or office waste or 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. The term shall also include
any garbage, refuse, other discarded material or other waste, including solid,
liquid, semi-solid or containing gaseous materials resulting from industrial
and mining operations, local facilities or any other by-product or effluent
from an industrial, mining or agricultural water supply treatment facility,
wastewater treatment facility or air pollution control facility or any other
material defined by the Pennsylvania Department of Environmental Protection
as solid, liquid, municipal, medical, industrial, toxic or hazardous waste.