Borough of Milton, PA
Northumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Milton 2-25-2015 by Ord. No. 1194. Amendments noted where applicable.]

§ 2-1 Purpose; scope.

The Code of the Borough of Milton is hereby amended by adding a Chapter 2 to the Code of the Borough of Milton which establishes and hereinafter sets forth the definitions applicable and necessary for the understanding, interpretation, implementation, and enforcement of the Borough codes/ordinances of the Borough of Milton, Northumberland County, Pennsylvania. Except where specifically stated to the contrary, these definitions supersede any definitions previously stated or incorporated into the ordinances contained in the Code Book of the Borough of Milton. These definitions do not supersede those definitions stated and included in the Zoning Ordinance,[1] the Property Maintenance Code,[2] or any other regulatory codes adopted by the Borough of Milton which are not included in the Code Book of the Borough of Milton. These terms shall have the meanings hereby respectively ascribed thereto, except in those instances where the context clearly indicates a different meaning. For this purpose, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[1]
Editor's Note: See Ch. 243, Zoning.
[2]
Editor's Note: See Ch. 185, Property Maintenance.

§ 2-2 Terms defined.

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.
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
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.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
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[1] 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,[2] 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,[3] 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.
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,[4] 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.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
FISCAL YEAR
For the purposes of taxation as provided in the Taxation Ordinance of the Borough,[5] 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.
GOVERNING BODY
The Borough Council of Milton.
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,[6] 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,[7] 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,[8] 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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land which have been planned and approved for the placement of two or more manufactured homes.
MECHANICAL AMUSEMENT DEVICE
For the purposes of taxation as provided in the Taxation Ordinance of the Borough[9] 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,[10] 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.
MUNICIPALITY
The Borough of Milton.
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.[11] 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,[12] 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,[13] 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,[14] 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,[15] 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,[16] 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.
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.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation.
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.
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.
SOURCE SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
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.[17]
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,[18] 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.[19]
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.")
[1]
Editor's Note: See Ch. 243, Zoning, and Ch. 185, Property Maintenance.
[2]
Editor's Note: See Ch. 204, Solid Waste.
[3]
Editor's Note: See Ch. 219, Taxation.
[4]
Editor's Note: See Ch. 219, Taxation.
[5]
Editor's Note: See Ch. 219, Taxation.
[6]
Editor's Note: See Ch. 219, Taxation.
[7]
Editor's Note: See Ch. 193, Rental Property.
[8]
Editor's Note: See Ch. 219, Taxation.
[9]
Editor's Note: See Ch. 219, Taxation.
[10]
Editor's Note: See Ch. 193, Rental Property.
[11]
Editor's Note: See Ch. 137, Flood Damage Prevention.
[12]
Editor's Note: See Ch. 193, Rental Property.
[13]
Editor's Note: See Ch. 219, Taxation.
[14]
Editor's Note: See Ch. 137, Flood Damage Prevention.
[15]
Editor's Note: See Ch. 237, Vending Machines.
[16]
Editor's Note: See Ch. 137, Flood Damage Prevention
[17]
Editor's Note: See Ch. 213, Subdivision and Land Development.
[18]
Editor's Note: See Ch. 219, Taxation.
[19]
Editor's Note: See Ch. 219, Taxation.