This Part 1 shall be known as and may be cited as the "Pine
Grove Curb and Sidewalk Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The intent of this Part 1 is to exercise the authority granted by the General Assembly of the Commonwealth of Pennsylvania Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.), including specifically provisions of § 1202 (8 Pa.C.S.A. § 1202), § 1801 through § 1806 (8 Pa.C.S.A. §§ 180 through 1806), and § 2721 through § 2743 (8 Pa.C.S.A. §§ 2721 through 2743), in an effort to promote the general health, welfare, and safety of the Borough of Pine Grove and to provide for the uniform regulation and administration of the areas bordering the streets and highways within the Borough of Pine Grove.
This Part 1 shall apply uniformly to all persons, property,
and property owners within the Borough of Pine Grove, and is applicable
to any property owned by the Borough of Pine Grove and over which
it exercises control.
A.
Unless specifically defined, words or phrases used herein shall be
interpreted so as to give them the same meaning as they have in common
usage and so as to give this Part 1 its most reasonable application
consistent with the intent and applicability herein expressed.
B.
Except as specifically provided, words and phrases herein shall have
the definitions provided in the Borough Code; April 18, 2014, P.L.
432, No. 37 (the Borough Code, 8 Pa.C.S.A. § 101 et seq.),
as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The word "shall" is always mandatory and not merely directory.
D.
Words used in the present tense includes the future and past words
in the plural number include the singular, words in the singular number
include words in the plural, and words either in the feminine, masculine
or neuter shall include words of the other two genders.
E.
BOROUGH
BUILDING
BUILDING LINE
DEVELOPMENT
IMPROVED PROPERTY
OWNER
PERSON
SIDEWALK AREA
STRUCTURE
SUBDIVISION
Throughout this Part 1, the following words and phrases shall have
the specific definitions provided:
The Borough of Pine Grove, County of Schuylkill in the Commonwealth
of Pennsylvania, a Pennsylvania municipal corporation, acting by and
through its Council or, in appropriate cases, acting by the through
its authorized agents, representatives, officers, officials, or employees.
A combination of materials to form a permanent structure
having walls and a roof intended for use by humans or animals for
habitation, business, or storage. Included shall be all mobile homes
and trailers, warehouses, schools, and churches.
The line behind which building is permitted as shown on the
topographical survey of the Borough, as defined by ordinance of the
Borough or the County of Schuylkill, as shown on the Borough street
plan, or shown on an approved and recorded subdivision plan; or, where
a building line is not officially established, the line behind which
most buildings on a given side of a street are currently built.
Any man-made change to improved or unimproved real estate,
including but not limited to building 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.
Any property upon which there is erected a building or upon
which there has been development. The entire lot, tract, piece or
parcel upon which there has been any development shall be improved
property.
Any person vested with ownership, legal or equitable, sole
or partial, of any property within the Borough; including specifically
the person holding title after a subdivision.
A natural person or persons, an individual, a partnership,
a business, an association, a corporation, a trust, an estate, an
unincorporated association, a government body, a political subdivision,
a municipality, a municipal authority, or any other group or entity,
including state and local governments and agencies.
The area located between the topographical curbline and the
topographical building line as from time to time shown on the topographical
survey of the Borough of Pine Grove or as defined by the ordinance
accepting and adopting the street, the street plan of the Borough
of Pine Grove, an approved and recorded subdivision plan, or an applicable
ordinance of the Borough of Pine Grove or the County of Schuylkill.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, mobile
homes and trailers, warehouses, schools, churches, athletic stadiums,
a gas or liquid storage tank that is partially above ground, driveways,
sidewalks, carports, porches, swimming pools, and other similar items.
The division or redivision of a lot, tract, piece, or parcel
of land by any means into two or more lots, tracts, pieces, parcels,
or other division of land, including changes in existing lot lines
for the purpose, whether immediate or future, of lease, transfer of
ownership, 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 street, highway, or easement of access,
shall be exempt.
A.
The provisions of § 1801 through § 1806 and § 2721 through § 2743 of the Borough Code, and all other applicable provisions of the Borough Code or any other Laws of the Commonwealth of Pennsylvania including any amends thereto shall apply within the Borough of Pine Grove; except, the specific provisions of this Part 1 shall be read to expand and clarify those provisions. All provisions herein are to be construed, whenever possible, to be consistent with the provisions of the Laws of the Commonwealth of Pennsylvania; and all provisions herein shall be construed as expanded, clarified, and augmented by applicable provisions of said Laws.
B.
Notwithstanding anything herein provided, whenever the provisions
of this Part 1, or any rules, regulations, or policies promulgated
under the provisions of this Part 1, are inconsistent with the provisions
of Schuylkill County Ordinances related to Planning, Zoning or Subdivision,
or with any rules, regulations or policies duly promulgated under
the provisions of such Schuylkill County Ordinance, as from time to
time are in effect and the provisions of such Schuylkill County Ordinances,
rules, regulations or policies are more restrictive or contain more
stringent requirements than are set forth in this Part 1, then in
such the provisions of Schuylkill County shall prevail and be applicable.
C.
The provisions of Borough Ordinance No. 243, enacted November 1,
1979 (the Pine Grove Building Permit and Floodplain Management Ordinance),[1] and consistent provisions of all other Borough Ordinances,
including specifically those related to Borough streets, where not
specifically inconsistent herewith (and thus repealed in part as hereinafter
provided) shall be construed as expanding, clarifying, and augmenting
the provisions of this Part 1.
A.
The degree of protection sought by the provision of this Part 1 is
considered reasonable for regulatory purposes.
B.
This Part 1, shall not create liability on the part of the Borough
or any officer, official, representative, or employee thereof for
enforcement or failure to enforce, nor any damages or injury resulting
from reliance on this Part 1 or any administrative decision lawfully
made hereunder. No permit issued under the provision of this Part
1 shall be considered to provide a warranty of any kind by the Borough
or any officer, official, representative, or employee thereof. Nor
is any construction undertaken under the provision of this Part 1
or the Borough warranted in any way.
