Accessible Text
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CHAPTER 1
ADMINISTRATION AND GOVERNMENT
Part 1
Firemen’s Relief Association
§101. Recognition of Firemen’s Relief Association
§102. Foreign Fire Insurance Tax Monies Received
§103. Annual Appropriation
Part 2
Police Pensions
§201. Establishment of Fund
§202. Borough to Own All Annuity Contracts
§203. Members Entitled to Benefits
§204. Conditions and Limitations of Policies
§205. Retirement Eligibility
Part 3
Borough Personnel
A. Compensation of Mayor and Borough Council
§301. Compensation of Borough Council Members
§302. Compensation of the Mayor
B. Office of Secretary-Treasurer
§321. Office of Secretary-Treasurer Established
Part 4
Shade Tree Commission
§401. Establishment
§402. Penalties
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(1, Part 1)
™ Part 1
Firemen’s Relief Association
§101. Recognition of Firemen’s Relief Association.
The Firemen's Relief Association of Shinglehouse Volunteer Fire Department Inc. is
recognized as an organization formed for the purpose of maintaining an association for
beneficial and protective purposes for ite members and their families in case of death,
sickness, temporary or permanent disability or accident from the funds collected
therein.
(Ord. 174, 6/11/1985)
§102, Foreign Fire Insurance Tax Monies Received.
‘The Firemen’s Relief Association of Shinglehouse is designated the proper association to
receive such funds as are due and payable to the Borough Treasurer by the Treasurer of
the State of Pennsylvania from the tax on premiums from foreign fire insurance compa-
nies.
(Ord. 174, 6/11/1985)
§103. Annual Appropriation.
‘There is annually appropriated from the Borough Treasury all such sums of money that
may hereafter be paid into the Borough Treasury by the Treasurer of the State of Penn-
sylvania on account of taxes paid on premiums of foreign fire insurance companies in
pursuance of 72 P.S. §2262 (1982) as hereafter amended, supplemented, modified or re-
enacted by the General Assembly of Pennsylvania.
(Ord. 174, 6/11/1985)
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(1, Part 2)
Part 2
Police Pensions
§201. Establishment of Fund.
Under the provisions of the Borough Code as amended and any other statutes now or
hereafter pertaining or purposes hereof, there is hereby authorized and established the
purchase of retirement annuity contract or contracts for the police officer(s) of Shingle-
house Borough. The fund for such annuity contract or contracts shall be derived from
payments to the Borough by the Auditor General of the State of Pennsylvania as de-
rived from the foreign casualty insurance company tax, The cessation of such payments
will automatically terminate any obligation by the Borough to make further purchases,
Any money or property which the Borough may by gift, devise, grant or bequest, re-
ceived for the benefit of such funds may be devoted to the purchase of additional or sup-
plemental annuity contracts.
(Ord. 148, 6/12/1979, §1; as amended by Ord. 258, 12/8/2009)
§202. Borough to Own All Annuity Contracts.
- The Borough shall be the owner of all annuity contracts purchased pursuant to the pro-
visions of this Part 2. The management, supervision and terms of the contracts shall be
determined by the Borough Council.
(Ord. 148, 6/12/1979, §2; as amended by Ord. 258, 12/8/2009)
§203. Members Entitled to Benefits.
All regular salaried officers and members of the Police force shall be entitled to the
benefits of this Part 2 and contracts purchased under it. However, no officer or member
who enters the force after the date of this Part 2 shall be entitled to any benefit result-
ing from purchases made by the fund or contributions to the fund before his entry.
(Ord. 148, 6/12/1979, §3; as amended by Ord. 258, 12/8/2009)
§204. Conditions and Limitations of Policies.
All such annuity policies shall be subject to the following conditions and limitations:
1. Vesting of any officer's or member's cash benefits shall be in accordance with the
following schedule:
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ADMINISTRATION AND GOVERNMENT.
Year of Service % Vested After That Year
1 0
2 oO
3 0
4 40%
5 45%
6 50%
7 60%
8 70%
9 80%
10 90%
11 100%
2. The term “vested cash benefits" shall refer only to benefits actually accrued in the
officer's/member's account.
3. Any money remaining after all accrued cash benefits have been withdrawn from
the account of an officer/member shall remain the property of the Shinglehouse
Borough Police Pension Fund. cry
(Ord. 148, 6/12/1979, §4; as amended by Ord. 258, 12/8/2009)
§205. Retirement Eligibility.
1. Every full-time officer or member of the Police Force who shall have served for a
total of 25 years and shall have reached the age of 55 years shall be entitled to re-
tire. At age 62, any officer/member shall be entitled to retire. However, no offi-
cer/employee shall begin to be covered by the plan until he/she shall have com-
pleted one year of honorable service.
2. On retirement, the officer/member shall receive 50% of his/her average monthly
salary during the 60 months immediately preceding retirement. The monthly in-
come will be paid by a ten-year certain and life settlement provision.
8. If an officer/member is killed in the service, his/her surviving spouse shall be enti-
tled to receive the entire accrued amount vested in the decedent's account.
4, If an officer/member becomes disabled for any reason, he/she shall be entitled to
receive the full accrued amount vested in his/her account, or may choose to leave
the said amount in the fund until such time as he/she decides to retire, if he/she
has been honorably discharged because of such disability.
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(1, Part 2)
; 5. Should an officer/member be honorably discharged or voluntarily withdraws from
the Police Force, he/she shall be paid the full vested cash value of the annuity pol-
icy or policies credited to him/her.
(Ord. 148, 6/12/1979, §5; as amended by Ord. 258, 12/8/2009) (Ord. 148, 6/12/1979, §5; as
amended by Ord. 258, 12/8/2009)
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(, Part 3)
Part 3
Borough Personnel
A. Compensation of Mayor and Borough Council
§301. Compensation of Borough Council Members.
‘The salaries of all members of the Borough Council of the Borough of Shinglehouse shall
be set at $20 per month payable on a quarterly basis.
(Ord. 160, 4/13/1982, §1)
§302. Compensation of the Mayor.
The salary of the Mayor of the Borough of Shinglehouse shall be set at $20 per month
payable on a quarterly basis.
(Ord. 160, 4/13/1982, §2)
B. Office of Secretary-Treasurer
§821. Office of Secretary-Treasurer Established.
It is hereby ordained that the office of Borough Secretary and Borough Treasurer may
be held by one and the same person.
(Ord. 132, 1/12/1968, §1)
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(1, Part 4)
Part 4
Shade Tree Commission
§401. Establishment.
‘The Borough of Shinglehouse hereby creates and establishes a Shade Tree Commission
constituted as provided by law in the Pennsylvania Borough Code and shall perform all
the duties and exercise all the powers conferred by law on Shade Tree Commissions.
(Ord. 198, 11/12/1991, §1)
§402. Penalties.
Any person violating any provision of the shade tree regulations established by this
Part! shall be subject to a fine of not more than $100. Any person violating any provi-
sions of the shade tree regulations addressing abuse or mutilization of public trees shall,
upon conviction or plea of guilty, be guilty of a summary offense and shall be subject to
a fine not to exceed $300 and the cost of repair or replacement of said trees.
(Ord. 198, 11/12/1991, §2)
‘ Editor's Note: See Ch. 25, Trees.
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CHAPTER 2
ANIMALS
Part 1
Keeping of Animals
§101. Definitions
§102. Responsibilities of Owners
§103. Running at Large and Other Nuisances
§104. Animals at Large: Tying in Streets
§105. Restriction of Number
§106. Disturbing the Peace
§107. Treatment
§108. Dangerous/Vicious Animals
§109. Protection of Persons and Property
§110. Diseased Animals
§111. Keeping of Certain Animals Prohibited
§112. Removal and Disposal of Dead Animals
§113. Cleanliness of Enclosures
§114. Animal Control Officers
§115. Notification
§116. Violations and Penalties
§117. Redemption Fee
§118. State Restrictions
§119. Exemption
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(2, $201) (2, §101)
Part 1
Keeping of Animals
§101. Definitions.
ANIMAL - vertebrate member of the animal kingdom excluding humans
CONFINEMENT - to detain or isolate an animal
OWNER - any person or legal entity having possessory property right in
any animal or who harbors, cares for, exercises control over or knowingly
permits any animal to remain on premises occupied by them.
RUN AT LARGE/RUNNING AT LARGE - to be free of physical restraint or
control and/or beyond the boundaries of the enclosed premises of the owner.
(Ord. 226, 10/13/1998, §1)
$102. Responsibilities of Owners. No person who owns, maintains, keeps
or has custody of any animal shall fail to use all reasonable precautions to
confine or contain such animal to the property of such person or the property
which the owner, custodian or keeper has permission to use for such purpose.
(Ord. 226, 10/13/1998, §2)
§203. Running at Large and Other Nuisances. It shall be unlawful for
any person or persons to permit any animal to become a nuisance in any way
within the Borough of Shinglehouse.
A. It shall be unlawful for any person or persons to permit any animal
to run at large within the Borough of Shinglehouse.
B. It shall be unlawful for any person or persons to allow or permit
his or her animal to be upon any public or private property, including
sidewalks, streets and public parks within the Borough of Shinglehouse unless
said animal is on a leash, under voice control or upon property owned by the
owner of said animal.
¢. Any person or persons who keep or maintain an animal shall be
responsible for the immediate removal of droppings when said animal is upon
property other than that of the owner; said owner is required to carry and
use a plastic bag and scoop or other suitable equipment for this removal.
(Ord. 226, 10/13/1998, §3)
$104. Animals at Large: Tying in Streets. No person shall cause or
permit any animal to run at large in any public place or street in the
Borough or tie or fasten any animal in any of the streets of the Borough of
Shinglehouse. (Ord. 226, 10/13/1998, §4)
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(2, §205) (2, §105)
$105, Restriction of Number. It shall be unlawful for any person or
persons to keep or maintain in excess of four (4) animals over six (6) months
of age without written permission of the Borough Council and property owners
within one hundred (100) feet of the confinement. Existing owners at the
time of adoption are exempt. (Ord. 226, 10/13/1998, §5)
§106. Disturbing the Peace. No person shall harbor or keep any animal
which disturbs the peace and quiet of the neighborhood. (Ord. 226,
10/13/1998, §6)
§107. Treatment. No person shall treat an animal in the Borough of
Shinglehouse in a cruel or inhuman manner. Beating, underfeeding, overload-
ing and abandoning animals shall be considered cruel and inhuman treatment
within the meaning of this section. (Ord. 226, 10/13/1998, §7)
$108. Dangerous/Vicious Animals. No person shall maintain, keep,
harbor or transport any dangerous or vicious animal (any animal which bites
or in any other manner attacks or attempts to attack any person or other
animal) or permits the same to run at large within the Borough of
Shinglehouse. Exhibitions or parades of animals may be conducted only by
securing the written permission of the Borough Council or its designated
officer. (Ord. 226, 10/13/1998, 58)
§109. Protection of Persons and Property. Members of the Shinglehouse
Borough Police Department or other designated Borough official are hereby
authorized to kill any dangerous animal of any kind when it is necessary for
the protection of persons or animals. (Qrd. 226, 10/13/1998, §9)
S110. Diseased Animals. No person shall maintain or expose any animal
that is afflicted with a contagious or infectious disease whereby the health
of man or beast may be affected, nor shall any person ship any such diseased
animal or remove it from the premises of the owner thereof except under the
supervision of the Chief of Police or other designated Borough official.
(ord, 226, 10/13/1998, §10)
S11. Keeping of Certain Animals Prohibited.
1. No person shall house or maintain within the Borough of Shinglehouse
any live chicken, turkey, pigeon or other domestic or wild fowl within
seventy-five (75) feet of adjacent property owners without a variance signed
by that property owner. The variance is subject to being revoked by a
majority vote of Borough Council if the birds constitute a nuisance.
2. No person shall house or maintain within the Borough of Shinglehouse
any reptile with an overall length in excess of three (3) feet nor any
poisonous reptile regardless of length nor any poisonous arachnid.
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(2, §111, cont’a) (2, $111, cont’d)
3. No person shall house or maintain within the Borough of Shinglehouse
any horse, pony, cow, sheep, swine or pig within one hundred and fifty (150)
feet of the adjoining property without a variance from adjoining property
owners.
4. with a change in property ownership, the same variance allowance
will be retained by the new owner.
5. The variance may be revoked by a majority vote of Borough Council
if said animals constitute a nuisance.
(Qrd._226, 10/13/1998, §11)
$112. Removal_and Disposal of Dead Animals. It shall be the duty and
obligation of all owners, lessors or occupiers of real property within the
Borough of Shinglehouse to provide for the proper removal and disposal of any
and all dead animals upon such real property. (Ord. 226, 10/13/1998, §12)
§113. Cleanliness of Enclosures. No person shall cause or allow any
stable, house, hut, area or place where any animal is or may be kept to
become unclean or unwholesome. (Qrd. 226, 10/13/1998, §13)
S114. Animal Control officers. Shinglehouse Borough Police Officers
; and such other persons designated by the Shinglehouse Borough Council shall
act as animal control officers in the absence of the County Control Officers.
Their duties shall include, but shall not be limited to, the following
activities: taking into custody any and all animals found in violation of
this Part and not restrained, leashed or secured upon the owner’s property or
property which the owner has permission to use and to convey the same to such
shelter or pound as is from time to time designated by the Shinglehouse
Borough Council. (Ord. 226, 10/13/1998, 514)
$115. Notification.
1. Any animal taken into custody by the Shinglehouse Borough officer
because of a violation to this Part will be retained, if possible, in the
Borough Barn on Mill Street for a period of no less than three (3) days. If
during this time ownership is not established, the Borough Secretary will
post a public notice eight and one-half by eleven (8% x 11) inches in four
(4) businesses, including the schools, seeking owners. In addition an ad in
one (1) newspaper will be run for three (3) days. At the end of thirty (30)
days a decision by the majority of the Council will determine further action.
2. The primary enclosure for the retained animal is to meet the
specific guidelines outlined in the State’s primary enclosure Ordinance No.
256, dated March, 1986.
(Ord. 226, 10/13/1998, §15)
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(2, $126) (2, $116)
§116. Violations and Penalties. The owner of any animal found
violating the provisions of this Part shall, upon conviction, pay a fine of
up to fifty dollars ($50.00) plus costs for the first violation; one hundred
dollars ($100.00) plus costs for the second violation committed within a
period of three hundred sixty-five (365) days; one hundred fifty dollars
($150.00) plus costs for the thixd violation committed within a period of
three hundred sixty-five (365) days; two hundred dollars ($200.00) plus costs
for the fourth violation committed within a period of three hundred sixty-
five (365) days; and two hundred fifty dollars ($250.00) plus costs for
subsequent violations committed within a period of three hundred sixty-five
(365) days. Failure to pay the above fines and costs shall subject the owner
to arrest and imprisonment for a term not to exceed ten (10) days. (Ord.
226, 10/13/1998, §16)
S117. Redemption Fee. Any animal taken to a shelter or pound as
provided for in §114 shall subject the owner of said dog or other animal to
any additional cost or fee or charge imposed by such shelter or pound in
addition to the fines and costs set forth in this Part. (Ord. 226,
10/13/1998, §17)
$118. State Restrictions. All other animals not mentioned in this
Part, their housing and maintenance, are subject to State restrictions
contained therein. (Ord. 226, 10/13/1998, §18)
$119. Exemption. Owners of existing animals mentioned in this Part at
the time of its adoption are exempt from its provision. (Ord. 226,
10/13/1998, §19)
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CHAPTER 3
BICYCLES
Part 1
Regulation of Pedaleycles
§101. Definitions
§102. Applicability of Traffic Laws to Pedalcycles
§103. Penalty for Violation of Part
§104. Responsibility of Parent or Guardian
§105. Riding on Pedalcycles
§106. Riding on Roadways and Pedalcycle Paths
§107. Prohibited Activities
§108. Articles Carried by Operator
§109. _ Lamps and Other Equipment on Pedaleycles
§110. _ Pedaleycles on Sidewalks and Pedaleycle Paths
§111. Parking
§112. Pedalcycle Helmets for Certain Persons
§113. Penalties
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if !
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(8, Part 1)
Part 1
Regulation of Pedalcycles
§101. Definitions.
CHILD — any individual under the age of 12 years of age.
PEDALCYCLE — a vehicle propelled solely by human powered pedals.
(Ord. 237, 6/11/2002, §101)
§102. Applicability of Traffic Laws to Pedaleycles.
1. General rule. Every person riding a pedaleycle upon a roadway shall be granted
all of the rights and shall be subject to all of the duties applicable to the driver of a
vehicle by this Part, except as to special provisions in this Part and except as to
those provisions of this Part which by their nature can have no application.
2, Application of Part. The provisions of this Part apply whenever a pedalcycle is op-
erated upon any highway or upon any path set aside for the exclusive use of
pedalcycles subject to the exceptions stated in subsection (1).
(Ord. 237, 6/11/2002, §102)
§103. Penalty for Violation of Part.
Any person violating any provision of this Part is guilty of a summary offense and shall,
upon conviction, be sentenced to pay a fine of $10.
(Ord, 287, 6/11/2002, §103)
§104. Responsibility of Parent or Guardian.
‘The parent of any child and the guardian of any ward shall not authorize or knowingly
permit the child or ward to violate any of the provisions of this Part relating to the op-
eration of pedalcycles.
(Ord. 237, 6/11/2002, §104)
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BICYCLES
§105. Riding on Pedaleycles.
1. Use of Seat by Operator. A person propelling a pedaleycle shall not ride other than
upon or astride a permanent and regular seat attached to the pedalcycle
2. Number of Riders. No pedaleycle shall be used to carry more persons at one time
than the number for which the pedalcycle is designed and equipped except that an
adult rider may transport a child in a pedalcycle child carrier which is securely at-
tached to the pedaleycle or in a trailer which is towed by a pedaleycle.
‘The parent of any child and the guardian of any ward shalll not authorize or know-
ingly permit the child or ward to violate any of the provisions of this Part relating
to the operation of pedaleycles.
(Ord. 287, 6/11/2002, §105)
§106. Riding on Roadways and Pedaleycle Paths.
1. General Rule. Except as provided in subsections (2) and (8), every person operat-
ing a pedalcycle upon a highway shalll obey the applicable rules of the road as con-
tained in this Section.
2. Operation on Shoulder. A pedalcycle may be operated on the shoulder of a high-
way and shall be operated in the same direction as required of vehicles operated
on the roadway. All turns shall be made in accordance with the provisions of
§3831 (relating to required position and method of turning) of Title 75 of Penna.
Statutes.
3. Slower than Prevailing Speeds. A pedaleycle operated at slower than prevailing
speed shall be operated in accordance with the provisions of §3801(b) of Title 75 of
Penna. Statues unless it is unsafe to do so.
4. One-Way Roadways. Any person operating a pedaleycle upon a roadway, which
carries traffic in one direction only and has two or more marked traffic lanes, may
ride as near the left hand curb or edge of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the same direction.
5. Limitation on Riding Abreast. Persons riding pedalcycles upon a roadway shall
ride in single file except on paths or parts of roadways set aside for the exclusive
use of pedaleycles and can be done in a safe manner.
(Ord, 237, 6/11/2002, §106)
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(3, Part 1)
§107. Prohibited Activities.
1. No pedaleycle shall be operated unless it is in safe mechanical condition and in
good working order at all times.
2. No pedaleycle shall be operated on any public sidewalk by:
A. Any person 12 years of age or over, at any time.
B. Any person of any age from one hour after sunset until one hour before sun-
rise.
8. No pedaleycle shall be operated in Assembly Park.
(Ord. 237, 6/11/2002, §107)
§108. Articles Carried by Operator.
No person operating a pedaleycle shall carry any package, bundle or article which pre-
vents the driver from keeping at least one hand upon the handlebars.
(Ord. 237, 6/11/2002, §108)
§109. Lamps and Other Equipment on Pedalcycles.
1. Lamps and Reflectors. Every pedaleycle when in use between sunset and sunrise
shall be equipped on the front with a lamp which emits a beam of white light in-
tended to illuminate the pedalcycle operator's path and visible from a distance of
at least 500 feet to the front, a red reflector facing to the rear which shall be visi-
ble at least 500 feet to the rear and an amber reflector on each side. Operators of
pedalcycles may supplement the required front lamp with a white flashing lamp,
light-emitting diode or similar device to enhance their visibility to other traffic
and with a lamp emitting a red flashing lamp, light-emitting diode or similar de-
vice visible from a distance of 500 feet to the rear. A lamp or lamps worn by the
operator of a pedalcycle shall comply with the requirements of this subsection if
the lamp or lamps can be seen at the distances specified.
2. Audible Signal Devices. A pedaleycle may be equipped with a device capable of
giving a signal audible for a distance of at least 100 feet except that a pedalcycle
shall not be equipped with nor shall any person use upon a pedaleycle any siren,
8. Brakes. Every pedalcycle shall be equipped with a braking system which will stop
the pedaleycle in 15 feet from an initial speed of 15 miles per hour on a dry, level
and clean pavement.
(Ord. 237, 6/11/2002, §109)
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BICYCLES
§110. Pedalcycles on Sidewalks and Pedalcycle Paths.
1. Right-of:Way to Pedestrians. A person riding a pedaleycle upon a sidewalk or
pedaleycle path used by pedestrians shall yield the right-of-way to any pedestrian
and shalll give an audible signal before overtaking and passing a pedestrian.
2. Business Districts. A person shall not ride a pedaleycle upon a sidewalk in a busi-
ness district unless permitted by official traffic-control devices, nor when a usable
pedaleycle-only lane has been provided adjacent to the sidewalk.
(Ord. 237, 6/11/2002, §110)
§111. Parking.
1. Sidewalks,
A. A person may park a pedalcycle on a sidewalk unless prohibited or re-
stricted by an official traffie-control device
B. A pedaleycle parked on a sidewalk shall not impede the normal and reason-
able movement of pedestrian or other traffic.
2, Roadways.
A. A pedaleycle may be parked on the roadway at any angle to the curb or edge
of the roadway at any location where parking is allowed.
B. A pedaleycle may be parked on the roadway abreast of another pedalcycle or
pedaleycles near the side of the roadway at any location where parking is al-
lowed.
C. A person shall not park a pedaleycle on a roadway in such a manner as to
obstruct the movement of a legally parked motor vehicle.
D. _ In all other respects, pedaleycles parked anywhere on a highway shall con-
form with the provisions of Subchapter E of Chapter 33 (relating to stop-
ping, standing and parking) of Title 75 of Penna. Statutes.
(Ord. 237, 6/11/2002, §111)
§112. Pedalcycle Helmets for Certain Persons.
1. General Rule. A person under 12 years of age shall not operate a pedalcycle or
ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle hel-
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(3, Part 1)
met meeting the standards of the American National Standards institute, the
American Society for Testing and Materials, the Snell Memorial Foundation’s
Standards for Protective Headgear for Use in Bicycling or any other nationally
recognized standard for pedalcycle helmet approved. This subsection shall also
apply to a person who rides:
A. Upon a pedalcycle while in a restraining seat attached to a pedalcycle; or
B. Ina trailer towed by a pedalcycle.
2, Helmet to Be Labeled. Any helmet sold or offered for sale for use by operators and
passengers of pedalcycles shall be labeled in accordance with the standard de-
scribed in subsection (1), which shall constitute the manufacturer's certification
that the helmet conforms to the applicable safety standards.
A. Sale of Helmet. No person shalll sell or offer for sale for use by any operator
or passenger of a pedaleycle a helmet which is not of a type meeting the re-
quirements established by this Section.
B, Waiver of Fine. If a person receives a citation issued by the proper authority
for violation of subsection (1), a district justice magistrate or judge shall
dismiss the charges if the person prior to or at his hearing displays evidence
of acquisition of a helmet meeting the standards prescribed in subsection (1)
to such district justice, magistrate or judge. Sufficient evidence shall include
Cy a receipt mailed to the appropriate court officer which evidences purchase or
transfer of such a helmet from another helmet owner, evidence by a nota-
rized letter.
C. Exemption. This Section shall not apply to a child under 12 years of age who
can produce a statement from the family's church authorities attesting that
it is against the tenets of the family’s religion to wear a helmet.
3. Civil actions. In no event shall a violation or alleged violation of subsection (1) be
used as evidence in a trial of any civil action; nor shall any jury in a civil action be
instructed that any conduct did constitute or could be interpreted by them to con-
stitute a violation of subsection (1), nor shall failure to use a pedalcycle helmet be
considered as contributory negligence nor shall failure to use a pedaleycle helmet
be admissible as evidence in the trial of any civil action.
4, Penalty. Notwithstanding any other provisions of law, any violation of subsection
(1) is punishable by a fine not to exceed $10, in addition to all penalties, assess-
ments and court costs imposed on the convicted person. The parent or legal guard-
ian having control or custody of a person under 12 years of age whose conduct vio-
lates this section shall be jointly and severally liable with the person for the
amount of the fine imposed if knowledgeable of wrongful conduct.
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BICYCLES
5. Definitions. As used in this Section, the term "wearing a pedalcycle helmet"
means having a pedalcycle helmet of good fit fastened securely upon the head
with the helmet straps.
(Ord, 237, 6/11/2002, §112)
$113. Penalties.
Any person who shall violate any provision of this Part shall, upon conviction thereof, be
sentenced to pay a fine not more than $10, plus costs.
(Ord. 237, 6/11/2002, §113)
38 1213/2005
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CHAPTER 4
BUILDINGS
PART 1
Dangerous Structures
§ 4-101. Definitions.
§ 4-102. Dangerous Buildings Declared Nuisances.
§ 4-103. Standards for Repair, Vacation, or Demolition.
§ 4-104. Duties of Enforcement Officer.
§ 4-105, Hearings.
§ 4-106. Removal of Notice Prohibited.
§ 4-107. Emergency Cases.
§ 4-108. Abatement by Borough.
§ 4-109. Penalties.
PART 2
Numbering of Buildings
§ 4-201. Title.
§ 4-202. Purpose.
§ 4-203. Numbering Required.
§ 4-204. Proper Address Signage.
§ 4-205. Exemptions.
§ 4-206. Risk of Noncompliance Warning.
§ 4-207. Enforcement.
§ 4-208. Penalty for Violation.
§ 4-209. Severability.
PART 1
Dangerous Structures
§ 4-101. Definitions. [Ord. No. 267, 7/9/2013]
L As used in this Part, the following terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
1. Editor's Note: This ordinance superseded former Part 1, Dangerous Structures, adopted
by Ord. 174, 6/11/1985.
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§ 4-101 SHINGLEHOUSE CODE § 4-101
BUILDING — An independent structure having a roof supported by columns
or walls resting on its own foundation, and includes dwelling, garbage, barn,
stable, shed, greenhouse, mobile home, plant, factory, warehouse, school or
similar structure.
DANGEROUS BUILDING — All buildings or structures which have any or
all of the following defects shall be deemed dangerous buildings:
A. Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base;
B, Those which, exclusive of the foundation, show damage or deterioration
to 83% of the supporting member or members, or damage or
deterioration to 60% of the nonsupporting enclosing or outside walls or
covering;
C. Those which have improperly distributed loads upon the floors or roofs
or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used;
D. Those which have 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;
E. Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin-infested or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation, or (
are likely to cause sickness or disease, so as to work injury to the
health, safety or general welfare of those living therein;
F. Those which have parts thereof which are so attached that they may
fall and injure property or members of the public;
G. Those which lack illumination, ventilation or sanitation facilities or
because of another condition are unsafe, unsanitary, or dangerous to
the health, safety, or general welfare of the occupants or the public;
H. Those which because of their location are unsanitary, or otherwise
dangerous, to the health or safety of the occupants or the public;
I. Those existing in violation of any provision of the Building Code, Fire
Prevention Code, or other ordinances of the Borough of Shinglehouse.
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.
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§ 4-101 BUILDINGS § 4-101
ENFORCEMENT OFFICER — The Building Code Official appointed by the
Borough Council to enforce the state-mandated building codes will be the
same official enforcing this Part.
EXTERMINATION — Control and elimination of 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.
INFESTATION — Presence, within or around a dwelling, of any insects,
rodents or other pests.
OWNER —Person who, alone or jointly or severally with others:
A. Shall have legal title to any dwelling, or dwelling unit, with or without
accompanying actual possession thereof or
B, Shall have charge, care or control of any dwelling or dwelling unit, as
owner or agent of the owner, or as executor, executrix, administrator,
administratrix, or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this Part and with rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
PERSON — Any individual, firm, corporation, association or partnership, or
other leagal entity.
PROPERTY —A piece, parcel, lot or tract of land.
RUBBISH — Combustible and noncombustible waste materials, except
garbage, including residue from the burning of wood, coal, coke, and other
combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery and dust.
STRUCTURE — Anything constructed or erected with a fixed or
ascertainable location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences, platforms,
docks, wharves, billboards, signs and walks.
2, Whenever the words "dwelling," "dwelling unit," or "premises" are used in
this Part, they shall be construed as though they were followed by the words
“or any part thereof."
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§ 4-102 SHINGLEHOUSE CODE § 4-104
§ 4-102. Dangerous Buildings Declared Nuisances. [Ord. No. 267, 7/9/2013]
All dangerous buildings within the terms of § 4-101 of this Part are hereby declared
to be public nuisances and shall be repaired, vacated, or demolished as herein
provided.
§ 4-103. Standards for Repair, Vacation, or Demolition. [Ord. No. 267, 7/9/
2013)
1 The following standards shall be followed in substance by the enforcement
officer of the Borough in ordering repair, vacation, or demolition:
A. If the dangerous building can reasonably be repaired so that it will no
longer exist in violation of the terms of this Part, it shall be ordered to
be repaired.
B. If the dangerous building is in such condition as to make it dangerous
to the health, safety, or general welfare of its occupants or the public
and is so placarded, it shall be ordered to be vacated within such
length of time, not exceeding 30 days, as is reasonable.
C. No dwelling or dwelling unit which has been placarded as unfit for
human habitation shall again be used for human habitation until
written approval is secured from, and such placard is removed by, the
enforcement officer. The enforcement officer shall remove such placard
whenever the defect or defects upon which the placarding action was /
based have been eliminated.
D. If a dangerous building is 50% or more damaged or decayed, or
deteriorated from its original condition; if a dangerous building cannot
be repaired, so that it will no longer exist in violation of the terms of
this Part; or if a dangerous building is a fire hazard existing or
erected in violation of the terms of this Part or any ordinance of the
Borough or statute of the Commonwealth of Pennsylvania, it shall be
ordered to be demolished, provided, the cost of repairs to rectify or
remove the conditions constituting the nuisance exceed 50% of the
market value of the building at the time demolition is proposed.
§ 4-104. Duties of Enforcement Officer. [Ord. No. 267, 7/9/2013]
1. The enforcement officer shall inspect on a regular basis dwellings, buildings
and structures to determine whether any conditions exist which render such
premises dangerous buildings within the terms of § 4-101 above.
2. Whenever an inspection discloses that a dwelling, building or structure has
become a public nuisance, the enforcement officer shall issue a written notice
to the person or persons responsible therefor. The notice:
A. Shall be in writing;
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§ 4-104 BUILDINGS § 4-105
B. Shall include a statement of the reasons it is being issued;
C. — Shall state a reasonable time to rectify the conditions constituting the
nuisance or to remove and demolish the dwelling, building or
structure;
D. Shall be served upon the owner, or his agent, or the occupant, as the
case may require,
(2) Except in emergency cases and where the owner, occupant,
lessee, or mortgagee is absent from the Borough, all notices
shall be deemed to be properly served upon the owner, occupant
or other person having an interest in the dangerous building if
a copy thereof is served upon him personally, or if a copy
thereof is posted in a conspicuous place in or about the
structure affected by the notice, or if he is served with such
notice by any other method authorized or required under the
laws of the commonwealth.
(2) Except emergency cases, in all other cases where the owner,
occupant, lessee, or mortgagee is absent from the Borough, all .
notices or orders provided for herein shalll be sent by registered
mail to the owner, occupant, and all other persons having an
interest in said building, as shown by the records of the County
Recorder of Deeds, to the last known address of each, and a
copy of such notice shall be posted in a conspicuous place on the
dangerous building to which it relates. Such mailing and
posting shall be deemed adequate service.
E. — May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant thereto.
3. Appear at all hearings and testify as to the condition of dangerous buildings.
§ 4-105. Hearings. [Ord. No. 267, 7/9/2013]
1. Any person affected by any notice which has been issued in connection with
the enforcement of any provision of this Part may request and shall be
granted a hearing on the matter before the enforcement officer, provided,
that such person shall file with the enforcement officer a written petition
requesting such hearing and setting forth a brief statement of the grounds
therefor within 10 days after the day the notice was served. Upon receipt of
such petition, the enforcement officer shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At such hearing
the petitioner shall be given an opportunity to be heard and to show why
such notice should be modified or withdrawn. The hearing shall be
commenced not later than 20 days after the day on which the petition was
filed.
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§ 4-105 SHINGLEHOUSE CODE § 4-109
2. Any aggrieved party may appeal the final order to the Borough Council in
accordance with the provisions of the Local Agency Law.* {
§ 4-106, Removal of Notice Prohibited. [Ord. No. 267, 7/9/2013]
No person shall remove or deface the notice of dangerous building, except as
provided in § 4-103, Subsection 3.
§ 4-107. Emergency Cases. [Ord. No. 267, 7/9/2013]
Whenever the enforcement officer finds that an emergency exists which requires
immediate action to protect the public health, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring that such
action be taken as is necessary to meet the emergency. Notwithstanding the other
provisions of this Part, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but upon petition
to the enforcement officer shall be afforded a hearing as soon as possible. After such
hearing, depending upon the findings as to whether the provisions of this Part have
been complied with, the enforcement officer shall continue such order in effect, or
modify or revoke it. The costs of such emergency repair, vacation or demolition of
such dangerous building shall be collected in the same manner as provided herein
for other cases.
§ 4-108. Abatement by Borough. [Ord. No. 267, 7/9/2013]
If the owner, occupant, mortgagee, or lessee fails to comply with the order of the /
enforcement officer within the time specified in the notice issued by the enforcement ¢
officer, the enforcement officer shall cause such building or structure to be repaired,
vacated, or demolished as the facts may warrant, under the standards hereinbefore
provided. The Borough may collect the cost of such repair, vacation or demolition
together with a penalty of 10% of such cost, in the manner provided by law.
§ 4-109. Penalties. [Ord. No. 267, 7/9/2013]
Any person who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $300, and/or to undergo
imprisonment for a term not to exceed 90 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
2, Editor's Note: See 2 Pa.C.S.A. § 651 et sea.
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§ 4-201 BUILDINGS § 4-205
PART 2
Numbering of Buildings
§ 4-201. Title. [Ord. No. 265, 9/11/2012]
‘This Part shall be known as the "Building Numbering Ordinance."
§ 4-202. Purpose. [Ord. No. 265, 9/11/2012]
It is the purpose of this Part to establish a system of numbering all parcels on
which there is located any house, building, natural gas well, oil well, windmill,
public or private utility facility or other structure located in Shinglehouse Borough,
whether on a public or private street or road, so that police, ambulance, fire and
other emergency responder services can locate a building, structure or persons
requiring emergency services.
§ 4-203. Numbering Required. [Ord. No. 265, 9/11/2012]
It is and it shall be the duty of the owner of any house, building, natural gas well,
oil well, windmill, public or private utility facility or other structure located in
Shinglehouse Borough, whether on a public or private street or road, to cause the
same to be numbered with its official building number assigned by Shinglehouse
Borough in cooperation with the Potter County Department of Emergency Services
for incorporation into the 911 MSAG system. All persons required to number
existing houses, buildings, natural gas wells, oil wells, windmills, public or private
utility facilities or other structures shall contact the Potter County Department of
Emergency Services and secure from the MSAG Coordinator an assigned building
number and official street or road name.
§ 4-204. Proper Address Signage. [Ord. No. 265, 9/11/2012]
1. The property address sign displaying the building number shall be placed so
that the number is clearly visible from the street.
2. All inaccurate, obsolete or nonconforming numbers shall be removed when a
new number has been assigned, or when so directed by the Borough Council.
§ 4-205. Exemptions. [Ord. No. 265, 9/11/2012]
1. The following buildings shall be exempt from the requirements of this Part:
A. Farm buildings and structures necessary to a farm operation.
(1) Buildings used for the retail sale of products grown on the farm
or used as the farm residence are not exempt.
(2) Any building with a landline telephone located inside is not
exempt,
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§ 4-205 SHINGLEHOUSE CODE § 4-207
B. Dwellings not used for living accommodations.
Cc. Buildings or structures not used or intended for human habitation or
occupation.
(1) Gas wells, oil wells, windmills and any public or private utility
facilities are not exempt.
§ 4-206. Risk of Noncompliance Warning. [Ord. No. 265, 9/11/2012]
1. Structure/property owners who do not comply with the street numbering or
road name signage regulations of this Part increase their risk of injury, loss
of life, and/or damage to or loss of property by delaying the response time of
emergency personnel to an event occurring at their property location.
2. The Borough Council reserves the right to enforce this Part as described in
§§ 4-207 and 4-208 when noncompliance puts other citizens and/or property
at risk.
§ 4-207. Enforcement. [Ord. No. 265, 9/11/2012]
1 Once determined that a structure/property owner has not complied with the
street numbering or road name signage regulations of this Part, the Borough
Council or their designated representative(s), with the Council's consent,
may pursue any or all of the following enforcement remedies:
A The Borough Council may issue written notice of the violation and the
need to comply within 30 calendar days from the date of the notice to
the owner(s) of the building, structure or property which has not been
numbered in accordance with these regulations.
B. In the event that the owner(s) of the building, structure or property
do/does not comply within 30 calendar days from the date of the
notice, the Borough Council may issue a written second notice
directing the owner(s) of the building, structure or property in
violation of this Part to comply with the applicable requirements of
this Part within 10 calendar days. Any person who is aggrieved by
any order issued pursuant to this Part may appeal to the office of the
Shinglehouse Borough by filing a written notice of appeal with the
Borough Secretary within 10 days of the date of the subject order or
notice.
c. In the event the structure/property owner(s) fail(s) or refuse(s) to take
action in accordance with the notices and an order issued pursuant to
this Part, the Borough Council may provide the signage, as necessary
to bring the structure/property owner into compliance with the
standards established in this Part. The Borough Council may recover
the cost of materials and labor for the purchase and installation of
signage from the structure/property owner(s), including but not
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§ 4-207 BUILDINGS § 4-209
limited to reasonable administrative fees, interest or other charges
allowed by law. In the event the owner(s) of the subject structure/
property fail(s) to pay the loss of such installation as determined and
approved by the Borough Council, the Borough Council may institute
proceedings at law to collect the full cost together with all penalties,
interest, fees, and other charges incurred against the structure/
property owner(s) and collect same as a municipal lien or may take
other action to collect these sums as may be permitted by law.
§ 4-208. Penalty for Violation. [Ord. No. 265, 9/11/2012]
Any structure/property owner(s) who shall be found to have willfully engaged in the
prohibited unlawful conduct as set forth in § 4-206 of this Part or who shall willfully
fail to comply with any order to comply with the street numbering regulations shall
be guilty of a summary offense and shall upon conviction be sentenced to pay a fine
of no less than $100 and no more than $300 together with court costs. Upon default
in payment of the fine, the structure/property owner(s) shall be sentenced to
imprisonment for not more than 90 days.
§ 4-209. Severability. [Ord. No. 265, 9/11/2012]
If any sentence, section, or part of this Part is found to be unconstitutional, illegal,
or invalid, such finding shall not affect or impair any of the remaining provisions of
this Part. It is hereby declared to be the intent that this Part would have been
adopted had such part not been included.
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CHAPTER 5
CODE ENFORCEMENT
Part 1
Uniform Construction Code
§101. Electing to Administer
§102. Adoption or Uniform Construction Code
§103. Administration and Enforcement
§104. Board of Appeals
§105. Prior Enactments
§106. Fees
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(6, Part 1)
Part 1
Uniform Construction Code
§101. Electing to Administer.
‘The Borough of Shinglehouse hereby elects to administer and enforce the provisions of
the Pennsylvania Construction Code Act, 45 of 1999, 35 P.S. §§7210.101-7210.1108, as
amended from time to time, and its regulations.
(Ord. 287, 6/11/2002, §1)
§102. Adoption or Uniform Construction Code.
‘The Uniform Construction Code, contained in 84 Pa, Code, Chapters 401-405, as
amended from time to time, is hereby adopted and incorporated herein by reference as
the municipal building code of this Municipality.
(Ord. 237, 6/11/2002, §2)
$103, Administration and Enforcement.
Administration and enforcement of the Code within this Municipality shall be under-
taken in any of the following ways as determined by the governing body of this Munici-
pality from time to time by resolution:
A. By the designation of an employee of the Municipality to serve as the mu-
nicipal code official to act on behalf of the Municipality;
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Municipality;
C. By agreement with one or more other municipalities for the joint admini-
stration and enforcement of this Act through an intermunicipal agreement;
D. By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of this Municipality;
E. _ By entering into an agreement with the Pennsylvania Department of Labor
and Industry for plan review, inspections and enforcement of structures
other than one-family or two-family dwelling units and utility and miscella-
neous use structures.
(Ord. 287, 6/11/2002, §3)
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CODE ENFORCEMENT
§104, Board of Appeals.
‘A Board of Appeals shall be established by resolution of the governing body of this Mu-
nicipality in conformity with the requirements of the relevant provisions of the Code, as
amended from time to time, and for the purposes set forth therein. If at any time en-
forcement and administration is undertaken jointly with one or more other municipali-
ties, said Board of Appeals shall be established by joint action of the participating mu-
nicipalities.
(Ord. 287, 6/11/2002, §4)
§105. Prior Enactments.
1. All building code ordinances or portions of ordinances which were adopted by this
Municipality on or before July 1, 1999, and which equal or exceed the require-
ments of the Code shall continue in full force and effect until such time as such
provisions fail to equal or exceed the minimum requirements of the Code, as
amended from time to time.
2. All building code ordinances or portions of ordinances which are in effect as of the
effective date of this Part and whose requirements are less than the minimum re-
quirements of the Code are hereby amended to conform with the comparable pro-
visions of the Code.
3. All relevant ordinances, regulations and policies of this Municipality not governed
by the Code shall remain in full force and effect.
(Ord. 287, 6/11/2002, $5)
§106. Fees.
Fees assessable by the Municipality for the administration and enforcement undertaken
pursuant to this Part and the Code shall be established by the governing body by reso-
lution from time to time.
(Ord. 237, 6/11/2002, §6)
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CHAPTER 6
coNnDUCT
Part 1
Curfew
§101. Definitions and Interpretation
§102. Purposes
§103, Curfew; Exceptions
§104. Parents Not to Permit Violation
§105. Procedure Upon Violation
§106. Penalties
§107. Procedure in Case of Repeated Violations or Other Factors Interfering
With Enforcement
§108. Police Discretion in Age Determination
Part 2
Loitering
) §201. Definitions
§202. Certain ‘Types of Loitering Prohibited
§203. Request to Leave
§204. Penalties
Part 3
Disturbance of the Peace
§301. Title
§302. Unlawful Acts
§303. Standards
§304. Penalties
Part 4
Discharge of Firearms
§401. Discharge of Firearms Prohibited
§402. Use of Air Rifles, Bow and Arrows, or Similar Devices Restricted
§403. Exceptions
§404. Penalties for Violation
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CONDUCT
§405. Effective Date
Part 5
Prohibiting Alcoholic Beverages on Streets and Public Places
§501. Definitions
§502, Consumption
§503. Possession
§504. Exceptions
§505. Penalty
Part 6
Tobacco
§601. Possession or Use by Minors Prohibited
§602. Penalty
§603. Definitions
Discharge of Firearms Map
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(6, Part 1)
Part 1
Curfew
§101. Definitions and Interpretation.
As used in this Part, the following terms shall have the meanings indicated, unless a
different meaning clearly appears from the context:
MINOR — person under the age of 18 years.
PARENT — any natural parent of a minor, as herein defined, or a guardian, or
any adult person responsible for the care and custody of a minor. When used in
this Part, “parent” shall mean one or both parents.
PUBLIC PLACE — any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Borough of Shinglehouse.
REMAIN — to stay behind, to tarry and to stay unnecessarily upon the streets,
including the congregating of groups (or of interacting minors) totaling four or
more persons in which any minor involved would not be using the streets, for
emergencies or ordinary purposes such as mere passage of going home.
) In this Part, the singular shall include the plural, the plural shall include the singular;
and the masculine shall include the feminine and the neuter.
(Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§102. Purposes.
‘This is a Curfew Ordinance prescribing, in accordance with prevailing community stan-
dards, regulations for the conduct of minors on streets at night, for the protection of
younger children in the Borough from each other and from other persons on the streets
during nighttime hours, for the enforcement of parental control and responsibility for
their children, for the protection of the public from nocturnal mischief by minors and for
the reduction of the incident of juvenile criminal activity, all for the good of minors, for
the furtherance of family responsibility, and for the public good, safety and welfare.
(Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§103. Curfew; Exceptions.
It shall be unlawful for any minor to be or remain in or upon any public highway, park
or other public place within the Borough, or in any enclosure or vehicle which is on or in
close proximity to any such public place within the Borough, between the hours of 10:00
p.m, and 5:00 a.m. on the following day. Exceptions to the above are the following:
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conpucT
1. Minor accompanied by parent, guardian, or other person having legal care or cus-
tody of such minor.
2, Minor possessing a written statement dated that day and signed by parent, guard-
ian, or other person having the legal care or custody of such minor, which state-
ment specifies the time, place, purpose and necessity of the minor being in a pub-
lic place contrary to this Part.
3. Minor lawfully employed making it necessary to be on or in highways, streets,
parks, etc., as stated above and possessing a current letter certifying the same
and signed by employer, parent or guardian.
4, Minor on an emergency errand.
5. Minor traveling to and from church, school or municipal activity with parental
permission statement as in subsection 2 above.
(Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§104, Parents not to Permit Violation.
It is hereby made unlawful for any parent, guardian, or the person having the legal care
or custody of a minor to allow or permit such minor to violate any of the provisions of
this Part without legal justification therefore. (Ord. 157, 3/9/1982; as revised by Ord.
174, 6/11/1985)
§105. Procedure upon Violation.
Any minor found upon the streets, alleys, parks or public places within the Borough in
violation of §102 shall be taken into custody by the Borough police or legally deputized
individual, be delivered to his parent(s), guardian, or person having the legal custody of
said minor, and be given a copy of this ordinance. A report shall be filed and kept in a
book for that specific purpose. If said parent, guardian or person having the legal cus-
tody of said minor shall again allow him to be on the streets, alleys, parks or public
places in violation of §102, said parent, guardian, or person having the legal custody of
said minor so offending shall, upon the second offense, be called along with offender and
be so advised once again as to the penalty provisions contained in this Part. Upon the
third violation, said parent, guardian or person will be remanded to the district justice
for disposition. (Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
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(6, Part 1)
§106. Penalties.
Any person who shall violate any provision of this Part shall, upon conviction thereof, be
sentenced to pay a fine of not more than $300, and/or to imprisonment for a term not to
exceed 90 days. (Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§107. Procedure in Case of Repeated Violations or Other Factors Interfering
with Enforcement.
Any minor who shall violate this Part more than three times may, at the discretion of
the proper Borough officials, be reported to a society or organization the purpose of
which is to take charge of incorrigibles and delinquents, and proceedings shall then be
taken in the proper court for the permanent welfare of such minor and a like procedure
may be taken in cases where the arrest of the parent is not effective, or where for any
other reason the provisions of §102 of this Part cannot be made effective by the imposi-
tion of fines and penalties. (Ord. 157, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§108. Police Discretion in Age Determination.
‘The police officers of the Borough in taking minors into custody shall use their discre-
tion in determining age and in doubtful cases may require positive proof of age. Until
such proof is furnished, the officer's judgment shall prevail. (Ord. 157, 3/9/1982; as re-
vised by Ord. 174, 6/11/1985)
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(6, Part 2)
Part 2
Loitering
§201. Definitions.
As used in this Part 2, the following terms shall have the meanings indicated, unless a
different meaning clearly appears from the context:
LOITERING — remaining idle essentially in one location; lingering; spending
time idly; loafing or walking about aimlessly in one vicinity or neighborhood; or
“hanging around.”
PUBLIC PLACE — any place to which the public has access including any public
street or public sidewalk, the front of and the area immediately adjacent to any
school, parking lot, store, restaurant, tavern or other place of business.
(Ord. 158, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§202. Certain Types of Loitering Prohibited.
No person shall loiter in a public place in such manner as to:
1. create or cause to be created a danger of a breach of the peace.
2. create or cause to be created any annoyance to any person or persons.
3. obstruct the free passage of pedestrians or vehicles.
4. — obstruct, molest or interfere with any person lawfully in any public place as de-
fined in §201 of this Part 2. This shall include the making of unsolicited remarks
of an offensive, disgusting or insulting nature or which are calculated to annoy or
disturb the person to, or in whose hearing, they are made.
(Ord. 158, 3/9/1982; as revised by Ord. 174, 6/11/1985)
§203. Request to Leave.
Whenever the presence of any person in any public place is causing or is likely to cause
any of the conditions enumerated in §202 of this Part 2, any police officer may order
that person to leave that place. Any person who shall refuse to leave after being ordered
to do so by a police officer shall be guilty of a violation of this section. (Ord. 158,
3/9/1982; as revised by Ord. 174, 6/11/1985)
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CONDUCT
§204, Penalties.
Any person, who shall violate any provision of this Part 2 shall, upon conviction thereof,
be sentenced to pay a fine of not more than $300, and/or to imprisonment for a term not
to exceed 90 days. (Ord. 158, 3/9/1982; as revised by Ord. 174, 6/11/1985)
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(6, Part 3)
| Part 3
Disturbance of the Peace
§301. Title.
This Part 3 shall be known and may be cited as Ordinance No. 173, entitled “Distur-
bance of the Peace.” (Ord. 173, 6/11/1985, §1)
§302. Unlawful Acts.
It shall be unlawful for any person to wilfully make or continue or cause to be made or
continued, or permit any animal, vehicle, and/or equipment subject to the control or op-
eration by said person, of any loud unnecessary or unusual noise which disturbs the
peace of mind of any neighborhood or which causes discomfort or annoyance to any rea-
sonable person of normal sensitiveness residing in the area. (Ord. 178, 6/11/1985, §2)
§303, Standards.
The standards which shall be considered in determining whether a violation of the pro-
visions of this Part exists shall include, but not be limited, to the following:
1, The volume of the noise;
2, The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4, The volume and intensity of the background noise, if any;
5. The proximity of the noise to residential sleeping facilities;
6. The nature and zoning of the area within which the noise emanates;
7. The density of the inhabitation of the area within which the noise emanates;
8. The time of the day or night the noise occurs;
9. The duration of the noise;
10. Whether the noise is recurrent, intermittent, or constant; and
11. Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 173, 6/11/1985, §3)
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CONDUCT
$304. Penalties.
Any person, firm or corporation who shall violate any provision of this Part 3 shall, upon
conviction thereof, be sentenced to pay a fine of not more than $300; and/or to impris-
onment for a term not to exceed 90 days. (Ord. 173, 6/11/1985, §4; as amended by Ord.
174, 6/11/1985)
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(6, Part 4)
Part 4
Discharge of Firearms
§401. Discharge of Firearms Prohibited.
Except in necessary defense of person, and/or property and except as provided in §403 of
this Part 4, it shall be unlawful for any person to use firearms or discharge any gun or
other firearm within the Borough. (Ord. 184, 9/3/1988, §1)
§402. Use of Air Rifles, Bow and Arrows, or Similar Devices Restricted.
It shall be unlawful for any person to discharge any air rifle, spring guns, spring pistol,
B.B, guns, bow and arrows, or similar devices, or any implement that is not a firearm,
but which impels a pellet of any kind with a force that can reasonably be expected to
cause bodily harm at any place within the Borough, except as is provided in §403 of this
Part 4. (Ord. 184, 9/18/1988, §2)
§403. Exceptions.
‘This Part 8 shall not apply to:
1. Members of any organization incorporated under the laws of this Commonwealth
engaged in target shooting upon the grounds or property belonging to or under
control of such organization.
2. Any law enforcement officer when used in the discharge of his official duty.
3. ‘The use of firearms or discharge of any gun or other firearm shalll be permitted for
hunting purposes only during those seasons established by the Commonwealth of
Pennsylvania for hunting in the following areas:
A. That certain area bounded on the south by the north bank of Honeoye
Creek, bounded on the east by the Borough line, bounded on the north by
the Borough line, and bounded on the west by an imaginary line drawn due
north at a right angle from the confluence of Oswayo Creek and Honeyoe
Creek.
B. That property known as Old Reservoir Hill from the treeline back to the
Borough line on property designated as of June, 1988, on the Potter County
Assessment Map as Parcels 240-001-035, 240-001-036 and 240-001-037.
C. All of that property lying south and west of the southern and western bank
of Oswayo Creek.
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conbucT
All of the property on which the discharge of firearms is permitted for hunting in the
Borough is more specifically defined in the shaded on the attached map which is incor-
porated herein.’
The use of any firearms in these designated hunting areas shall be in accordance with
the laws of the Commonwealth of Pennsylvania.
(Ord. 184, 9/18/1988, §3)
§404. Penalties for Violation.
Any person who shall violate any provision of this Part 4 shall upon conviction thereof
be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days. (Ord. 184, 9/13/1988, §4)
§405. Effective Date.
This Part 4 shall be effective on the 13th day of September, 1988. (Ord. 184, 9/13/1988,
§5)
* Editor's Note: Said map is included at the end of this chapter. 4 )
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(6, Part 5)
Part 5
Prohibiting Alcoholic Beverages on Streets and Public Places
§501. Definitions.
Unless the context otherwise requires, the following words or phrases shall be construed
according to the definitions set forth below:
ALCOHOLIC BEVERAGES — any spirits, wine, beer, ale or other liquid contain-
ing more than 1/2 of a percent of alcohol by volume which is fit for beverage pur-
poses.
CONTAINERS — any bottle, can or other vessel in which alcoholic beverages are
contained.
(Ord. 205, 12/8/1992, §1)
§502. Consumption.
No person shall consume any alcoholic beverage in any quantity upon any street, ave-
nue, alley, sidewalk, stairway, throughfare or other public property within the Shingle-
) house Borough, nor shall any person consume any alcoholic beverage within five feet of
any public way or throughfare while on private stairway, doorway or other private
property open to public view without the express or implied permission of the owner, his,
agent or other party in lawful possession thereof, (Ord. 205, 12/8/1992, §2)
§503. Possession.
No person shall possess any container of alcoholic beverage whether wrapped or un-
wrapped which has been opened or on which the seal has been broken in any manner on
any public street, avenue, alley, throughfare or other public property within the Shin-
glehouse Borough, nor shall any person possess any container or alcoholic beverage
within five feet of any public way or throughfare while on private stairway, doorway or
other private property open to public view without the express or implied permission of
the owner, his agent, or other person in lawful possession thereof. (Ord. 205, 12/8/1992,
§3)
§504. Exceptions.
Provided however, that the provisions of §§502, and 508, above, shall not apply to inte-
rior portions of any private dwelling, habitat or building, nor to the consumption or pos-
session by persons in the areas herein designated of any duly prescribed and dispensed
medication having alcoholic content as set forth in §501 hereof; and, provided further,
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CONDUCT
that the provisions of said §§502 and 503 above shall not apply to premises duly li-
censed by the Pennsylvania Liquor Control Board and to persons then and there pa-
trons of said licensee. (Ord. 205, 12/8/1992, §4)
§505. Penalty.
Whosoever violates any of the provisions of this Part shall, upon conviction thereof, be
sentenced to pay a fine of not more than $300, and/or to be imprisoned for a period not
to exceed 90 days. (Ord. 205, 12/8/1992, §5)
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(6, Part 6)
Part 6
Tobacco
§601. Possession or Use by Minors Prohibited.
It shall be unlawful for any minor under the age of 18 years of age to use or possess to-
bacco, in any form, within the Borough of Shinglehouse, on any Borough-owned prop-
erty, or on any public street, highway, traffieway, alley or sidewalk within the Borough
of Shinglehouse.
(Ord. 247, 9/12/2006)
§602. Penalty.
A violation of this Part shall be a summary offense, and any person who violates this
Part shall, upon conviction, be sentenced to pay a fine of up to $50 and costs of prosecu-
tion, for each offense thereof.
(Ord. 247, 9/12/2008)
( §603. Definitions.
As used in this Part, the following terms shall have the meanings indicated:
ALLEY — a street or highway intended to provide access to the rear or side of lots
of buildings and not intended for the purpose of vehicular traffic.
HIGHWAY — the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purpose of
vehicular travel. The term includes a roadway open to the use of the public for ve-
hicular travel on the grounds of a public or private school or public or historical
park.
ROADWAY — that portion of the highway improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk, berm or shoulder.
SIDEWALK — that portion of a street between curblines, or the lateral lines of a
roadway, and the adjacent property lines, intended for use by pedestrians.
‘TOBACCO — a lighted or unlighted cigarette, cigar, pipe or other lighted smoking
product and smokeless tobacco in any form.
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conDUCT
‘TRAFFICWAY — the entire width between the property lines or other boundary
lines of every way or place of which any part is open to the public for purposes of
vehicular travel as a matter of right or custom.
(Ord. 247, 9/12/2006)
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CHAPTER 7
FIRE PREVENTION AND FIRE PROTECTION
PART 1
OPEN BURNING
§ 7-101. Administration and Enforcement.
§ 7-102. Definitions.
§ 7-108, Deliberate or Negligent Burning.
§ 7-104, Extinguishment Authority.
§ 7-105. Prohibition of Open Burning.
§ 7-106. Regulations Controlling Permissible Outdoor Burning.
§ 7-107. Use of Barbecue Grills.
§ 7-108. Regulations for Use of Burn Barrel.
§ 7-109. Regulations for Outdoor Burning and Use of Barbecue
Grills Within Street Rights-of-Way.
§ 7-110. Temporary Burning Ban.
§ 7-111. Violations.
§ 7-112. Penalties and Fines,
§ 7-113. Effective Date.
PART 1
OPEN BURNING
§ 7-101. Administration and Enforcement. [Ord. No. 274, 4/21/2015]
‘The Police Department shall administer and enforce the provisions of this Part, and
the Fire Department will provide extinguishment capabilities as warranted.
§ 7-102. Definitions. [Ord. No. 274, 4/21/2015]
1. The following words and terms shall, for the purpose of this Part, have the
meaning shown herein. Any word or term not defined in this section shall
have the meaning of the generally accepted definition in current dictionaries.
BARBECUE GRILL — A solid fuel- or gas-fed open-flame device designed
specifically for outdoor cooking. Such devices are limited to charcoal and wood
bumers, and LP gas grills.
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§ 7-102 SHINGLEHOUSE CODE § 7-102
BONFIRE — An outdoor fire utilized for permitted ceremonial purposes,
which has a total fuel area of more than three feet in diameter and two feet in
height.
BURN BARREL — A fifty-five-gallon open-head drum modified to burn
household papers and cardboard safely and cleanly.
COMBUSTIBLE MATERIAL — Any material that can be burned to provide
heat or power.
FIREWOOD — Clean, seasoned wood cut to length for the purpose of burning
in permitted outdoor fires that does not emit noxious or objectionable smoke,
ash, dust, odors, or other forms of air pollution.
NUISANCE — An outdoor fire which interferes with the reasonable use and
enjoyment of neighboring and affected properties by means of emissions of
noxious or objectionable smoke, ash, dust, odors, or other forms of air
pollution.
OPEN BURNING — The burning of materials wherein products of
combustion are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. Open burning does not include
road flares and similar devices associated with safety, recreational fires, or
use of portable outdoor fireplaces, bonfires, and barbecue grills. For the
purpose of this definition, a chamber shall be regarded as enclosed when, (
during the time combustion occurs, only apertures, ducts, stacks, flues, or
chimneys necessary to provide combustion air and permit the escape of
exhaust gas are open.
PORTABLE OUTDOOR FIREPLACE — A portable, outdoor, solid-fuel-
burning fireplace that maintains the fire above any surface and may be
constructed of steel, concrete, clay, or other noncombustible material. A
portable outdoor fireplace may be open in design, or may be equipped with a
small health opening and a short chimney or chimney opening in the top.
RECREATIONAL FIRE — An outdoor fire burning materials other than
refuse where the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, or barbecue grill and has a total fuel area
of three feet (914 mm) or less in diameter and two feet (610 mm) or less in
height for pleasure, religious, ceremonial, cooking, warmth, or similar
purposes.
REFUSE — The collective term applying to all garbage, rubbish, debris, and
other waste materials of any type, including, but not limited to, plastics,
rubber, roofing, siding, yard waste, and leaves.
1911/2018 12
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§ 7-103 FIRE PREVENTION AND FIRE § 7-106
PROTECTION
§ 7-103. Deliberate or Negligent Burning. [Ord. No, 274, 4/21/2015]
It shall be unlawful to deliberately or negligently set fire or cause to burn any
combustible material in such a manner so as to endanger the safety of persons or
property.
§ 7-104. Extinguishment Authority. [Ord. No. 274, 4/21/2015]
‘The Police Chief is authorized to order the extinguishment of any outdoor burning
that creates a nuisance or is conducted contrary to the provisions of this Part.
Failure to comply with an extinguishment order shall constitute a violation of this
Part.
§ 7-105. Prohibition of Open Burning. [Ord. No. 274, 4/21/2015]
Open burning for any purpose, including the destruction of refuse, the conduct of a
salvage operation, or the disposal of construction materials, is strictly forbidden.
Notwithstanding the above prohibition, the Council may, by special exception,
authorize open burning in conjunction with compliance with applicable state and
federal regulations for prevention or control of disease and pests.
§ 7-106. Regulations Controlling Permissible Outdoor Burning. [Ord. No.
274, 4/21/2015]
1. Bonfires, recreational fires and use of outdoor fireplaces are permitted in
accord with the following regulations, and regulations enforceable by the
Pennsylvania Department of Environmental Protection.
A. — General Requirements.
())_ Bonfires, recreational fires, and fires in portable outdoor
fireplaces shall be constantly attended by an adult until the fire
is extinguished. A minimum of one portable fire extinguisher or
other fire extinguishing equipment, such as water barrel,
garden hose, or water truck, shall be available for immediate
use.
(2) No fire may be ignited using incendiary, flammable or
combustible liquid not manufactured for such purposes.
(8) Any fire which creates a nuisance shall constitute a violation of
this Part.
(4) No fire shall be ignited or maintained within 10 feet of a
property line or public sidewalk.
B. Regulations for Bonfires.
(1) A bonfire shall not be conducted within 50 feet of a structure or
combustible material. Conditions which could cause fire to
7:3 12/11/2018,
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§ 7-106 SHINGLEHOUSE CODE § 7-107
spread to a structure or combustible material shall be
eliminated prior to ignition. (
(2) | A bonfire shall not be conducted without a permit issued by the
Shinglehouse Borough.
(3) Once ignited, firewood only may be burned.
C. Regulations for Recreational Fires.
(1) Recreational fires shall not be constructed within 25 feet of a
structure or combustible material. Conditions which could
cause fire to spread to a structure or combustible material shall
be eliminated prior to ignition.
(2) Once ignited, firewood or charcoal only shall be burned.
(3) The perimeter of a recreational fire shall be contained within a
barrier of noncombustible material so as to prevent fire spread.
D. Regulations for Use of Portable Outdoor Fireplaces.
(1) Portable outdoor fireplaces shall be utilized in accordance with
the manufacturer's instructions. In the absence of said
instructions, a minimum 15 feet of clearance shall be
maintained. Conditions which could cause fire to spread to a
structure or combustible material shall be eliminated prior to (
ignition.
(2) Once ignited, firewood or charcoal only shall be burned.
§ 7-107. Use of Barbecue Grills. [Ord. No. 274, 4/21/2015]
1. Barbecue grills are permitted in accord with the following regulations:
A. All barbecue grills shall be utilized in accordance with the
manufacturer's instructions and shall not be operated on any balcony.
B. Solid-fuel-burning grills shall not be operated within 15 feet of
combustible construction.
C. When operating a gas-fed grill, clearances to combustible construction
shall be maintained in accordance with the manufacturer's
instructions. In the absence of said instructions, a minimum 16 feet of
clearance shall be maintained.
2 One- and two-family dwellings shall be exempt from Subsection 1C.
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§ 7-108 FIRE PREVENTION AND FIRE § 7-112
PROTECTION
§ 7-108. Regulations for Use of Burn Barrel. [Ord. No. 274, 4/21/2015]
1. Burn barrels are permitted in accord with the following regulations:
A. Burn barrels shall not be placed within 25 feet of a structure or
combustible material. Conditions which could cause fire to spread to a
structure or combustible material shall be eliminated prior to ignition.
B. All burn barrels must be a fifty-five-gallon open-head drum modified
by placing three to four holes in the bottom and sides for proper
ventilation.
C. A metal grate or heavy fencing needs to cover the barrel opening while
burning to trap burning materials in the barrel, to limit the risk of
combustible material escaping.
D. — When not in use, the barrel needs to be covered by a metal lid or sheet
metal rain cover to stop the contents inside the barrel from getting
wet and assist in preventing smoldering.
E. Household papers and cardboard only shall be burned.
§ 7-109. Regulations for Outdoor Burning and Use of Barbecue Grills
Within Street Rights-ofWay. [Ord. No. 274, 4/21/2015]
1. No recreational fire, bonfire, portable outdoor fireplace, or barbecue grill
shall be operated, conducted, or maintained within any street right-of-way,
except as approved by the Shinglehouse Borough in conjunction with a
special event permit.
2. Should the Borough approve a recreational fire, bonfire, use of a portable
outdoor fireplace or barbecue grill within any street right-of-way, the
Shinglehouse Borough may establish requirements in addition to those set
forth herein, and as are necessary to protect the public interest.
§ 7-110. Temporary Burning Ban. [Ord. No. 274, 4/21/2015]
‘The Shinglehouse Borough Council may establish a temporary ban on all types of
outdoor burning whenever such action is deemed to be in the public interest due to
air quality, weather, or other conditions.
§ 7-111. Violations. [Ord. No. 274, 4/21/2015]
Upon investigation of violations of this Part, the Chief of Police may, if a violation is
found to exist, order the fire extinguished or prosecute a nontraffic citation, or both.
§ 7-112. Penalties and Fines. [Ord. No. 274, 4/21/2015]
A nontraffic citation will be issued and fines and penalties will be sought through
the District Court. Each offense is deemed a summary offense: first offense, $50;
15 12/11/2018
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§ 7-112 SHINGLEHOUSE CODE § 7-113
second offense, $100; subsequent offenses, not less than $500 nor more than $1,000.
Any costs incurred in the enforcement of this Part shall also be sought. Failure to
pay penalties, fines, and costs shall cause the Shinglehouse Borough to pursue all
appropriate legal means to collect penalties, fines and costs due.
§ 7-118. Effective Date. [Ord. No. 274, 4/21/2015]
This Part shall become effective April 22, 2015.
12/11/2018 16
Page 55
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CHAPTER 8
FLOODPLAINS
Part 1
Statutory Authorization
§101. Authority
Part 2
General Provisions
§201. Intent
§202. Applicability
§203. Abrogation and Greater Restrictions
§204. Severability
§205. Warning and Disclaimer of Liability
Part 3
Administration
§301. Designation of Floodplain Administrator
$302. Permit Required
§303. Duties and Responsibilities of Floodplain Administrator
§304. Application Procedures and Requirements
§305. Review by County Conservation District
§806. Review of Application by Others
§807. Changes
§308. Placards
§309. Start of Construction; Extensions
§310. Enforcement
§811. Appeals
Part 4
Identification of Floodplain Areas
§401. Identification
§402. Description and Special Requirements of Identified Floodplain Areas
$403. Changes in Identification of Area
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FLOODPLAINS
§404. Boundary Disputes
Part 5
Technical Provisions
§501. General Requirements
§502. Elevation and Floodproofing Requirements
§503. Design and Construction Standards
$504. Development Which May Endanger Human Life
§505. Special Requirements for Subdivisions
§506. Special Requirements for Manufactured Homes
§507. Special Requirements for Recreational Vehicles
Part 6
Activities Requiring Special Permits
§601. General Requirements
$602. Application Requirements for Special Permits
§603. Application Review Procedures
§604. Special Technical Requirements
Part 7
Existing Structures in Identified Floodplain Areas
§701. Existing Structures
§702. Improvements
Part 8
Variances
801. General Provisions
§802. Variance Procedure and Conditions
Part 9
Definitions
§901. Interpretation
§902. Specific Definitions
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(8, Part 1)
Part 1
Statutory Authorization
$101. Authority.
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Penn-
sylvania Flood Plain Management Act of 1978, delegated the responsibility to local gov-
ernmental units to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Borough Council of Shin-
glehouse Borough does hereby order as follows.
(Ord. 262, 3/8/2011)
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(8, Part 2)
" Part 2
General Provisions
§201. Intent.
The intent of this chapter is to:
A. Promote the general health, welfare, and safety of the community.
B, Encourage the utilization of appropriate construction practices in order to
prevent or minimize flood damage in the future.
C. Minimize danger to public health by protecting water supply and natural
drainage.
D. Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas sub-
ject to flooding.
E. Comply with federal and state floodplain management requirements.
(Ord. 262, 3/8/2011)
§202. Applicability.
1. It shall be unlawful for any person, partnership, business or corporation to under-
take, or cause to be undertaken, any construction or development anywhere with-
in Shinglehouse Borough unless a permit has been obtained from the floodplain
administrator.
2. A permit shall not be required for minor repairs to existing buildings or strue-
tures.
(Ord. 262, 3/8/2011)
§203. Abrogation and Greater Restrictions.
‘This chapter supersedes any other conflicting provision which may be in effect in identi-
fied floodplain areas. However, any other ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive. If there is any conflict
between any of the provisions of this chapter, the more restrictive shall apply.
(Ord. 262, 3/8/2011)
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FLOODPLAINS
§204. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be
declared invalid for any reason whatsoever, such a decision shall not affect the remain-
ing portions of the chapter, which shall remain in full force and effect; and for this pur-
pose, the provisions of this chapter are hereby declared to be severable.
(Ord. 262, 3/8/2011)
§205. Warning and Disclaimer of Liability.
1. ‘The degree of flood protection sought by the provisions of this chapter is consid-
ered reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may oceur or flood heights may be increased by
man-made or natural causes, such as ice jams and bridge openings restricted by
debris. This chapter does not imply that areas outside any identified floodplain
areas, or that land uses permitted within such areas, will be free from flooding or
flood damages.
2. This chapter shall not create liability on the part of Shinglehouse Borough or any
officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
(Ord. 262, 3/8/2011)
88 qaseo1
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(8, Part 3)
Part 3
Administration
§301. Designation of Floodplain Administrator.
The State Building Code Inspector for Shinglehouse Borough is hereby appointed to
administer and enforce this chapter and is referred to herein as the “floodplain adminis-
trator.”
(Ord, 262, 3/8/2011)
§302. Permit Required.
A permit shall be required before any construction or development is undertaken within
any area of Shinglehouse Borough.
(Ord. 262, 3/8/2011)
§303. Duties and Responsibilities of Floodplain Administrator.
1. The floodplain administrator shall issue a permit only after it has been deter-
mined that the proposed work to be undertaken will be in conformance with the
requirements of this chapter and all other applicable codes and ordinances.
2. Prior to the issuance of any permit, the floodplain administrator shall review the
application for the permit to determine if all other necessary government permits
required by state and federal laws have been obtained, such as those required by
the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsyl-
vania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Penn-
sylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Wa-
ter Act, Section 404, 33 U.S.C. §1344. No permit shall be issued until this deter-
mination has been made.
3. In the case of existing structures, prior to the issuance of any development permit,
the floodplain administrator shall review the history of repairs to the subject
building so that any repetitive loss issues can be addressed before the permit is is-
sued.
4. During the construction period, the floodplain administrator or other authorized
official shall inspect the premises to determine that the work is progressing in
compliance with the information provided on the permit application and with all
applicable municipal laws and ordinances. He/she shall make as many inspections
during and upon completion of the work as are necessary.
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FLOODPLAINS
5. In the discharge of his/her duties, the floodplain administrator shall have the au-
thority to enter any building, structure, premises or development in the identified
floodplain area, upon presentation of proper credentials, at any reasonable hour,
to enforce the provisions of this chapter.
6. _ In the event that the floodplain administrator discovers that the work does not
comply with the permit application or any applicable laws and ordinances, or that
there has been a false statement or misrepresentation by any applicant, the flood-
plain administrator shall revoke the permit and report such fact to the Borough
Council for whatever action it considers necessary.
7. The floodplain administrator shall maintain all records associated with the re-
quirements of this chapter, including but not limited to permitting, inspection and
enforcement.
8. The floodplain administrator shall consider the requirements of 34 Pa. Code and
the 2006 IBC and the 2006 IRC, or latest revisions thereof.
(Ord. 262, 3/8/2011)
§304. Application Procedures and Requirements.
1. Application for such a permit shall be made, in writing, to the floodplain adminis-
trator on forms supplied by Shinglehouse Borough. Such application shall contain
the following:
A. The name and address of the applicant.
B, The name and address of the owner of land on which the proposed construe-
tion is to occur.
C. ‘The name and address of the contractor.
D. The site location, including address.
E. A listing of other permits required.
F. A brief description of the proposed work and estimated cost, including a
breakout of flood-related costs, and the market value of the building before
the flood damage occurred, where appropriate.
G. A plan of the site showing the exact size and location of the proposed con-
struction as well as any existing buildings or structures.
2. If any proposed construction or development is located entirely or partially within
any identified floodplain area, applicants for permits shall provide all the neces-
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(8, Part 3)
- sary information in sufficient detail and clarity to enable the floodplain adminis-
trator to determine that:
A. All such proposals are consistent with the need to minimize flood damage
and conform with the requirements of this chapter and all other applicable
codes and ordinances;
B. All utilities and facilities, such as sewer, gas, electrical and water systems,
are located and constructed to minimize or eliminate flood damage;
C. Adequate drainage is provided so as to reduce exposure to flood hazards;
D. Structures will be anchored to prevent floatation, collapse, or lateral move-
ment;
BE. Building materials are flood-resistant;
F. Appropriate practices that minimize flood damage have been used; and
G. Electrical, heating, ventilation, plumbing, and air-conditioning equipment,
and other service facilities have been designed and/or located to prevent wa-
ter entry or accumulation.
3. Applicants shall file the following minimum information, plus any other pertinent
( information as may be required by the floodplain administrator to make the above
determination:
A. Acomplete permit application form.
B. A plan of the entire site, clearly and legibly drawn at a scale of one inch be-
ing equal to 100 feet or less, showing the following:
(1) North arrow, scale, and date.
(2) Topographic contour lines, if available.
(3) The location of all existing and proposed buildings, structures, and
other improvements, including the location of any existing or proposed
subdivision and development.
(4) The location of all existing bodies of water or watercourses, identified
floodplain areas, and, if available, information pertaining to the
floodway, and the flow of water, including direction and velocities.
C. Plans of all proposed buildings, structures and other improvements, drawn
at a suitable scale, showing the following:
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FLOODPLAINS
(1) The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988.
(2) The elevation of the base flood.
(3) Supplemental information as may be necessary under 84 Pa. Code,
the 2006 IBC or the 2006 IRC.
D. The following data and documentation:
(1) Tfavailable, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base flood.
(2) Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(8) Documentation, certified by a registered professional engineer or ar-
chitect, to show that the cumulative effect of any proposed develop-
ment within a special floodplain area (See §402B), when combined
with all other existing and anticipated development, will not increase
the base flood elevation more than one foot at any point.
(4) A document, certified by a registered professional engineer or archi-
tect, which states that the proposed construction or development has
been adequately designed to withstand the pressures, velocities, im-
pact and uplift forces associated with the base flood.
(5) Detailed information needed to determine compliance with §503F,
Storage, and §504, Development Which May Endanger Human Life,
including:
(a) ‘The amount, location and purpose of any materials or substane-
es referred to in §§503F and 504 which are intended to be used,
produced, stored or otherwise maintained on site.
(b) A description of the safeguards incorporated into the design of
the proposed structure to prevent leaks or spills of the danger-
ous materials or substances listed in §504 during a base flood.
(6) The appropriate component of the Department of Environmental Pro-
tection’s Planning Module for Land Development.
(7) Where any excavation or grading is proposed, a plan, meeting the re-
quirements of the Department of Environmental Protection, to im-
plement and maintain erosion and sedimentation control.
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(8, Part 3)
E. Applications for permits shall be accompanied by a fee, payable to Shingle-
house Borough, based upon the estimated cost of the proposed construction,
as determined by the floodplain administrator, at the following rates:
Estimated Cost Fee
$80 to $200 $0
$201 to $1,000 $5
Each additional $1,000 or part thereof beyond the first $1,000 $1
(Ord. 262, 3/8/2011)
§305. Review by County Conservation District.
A copy of all applications and plans for any proposed construction or development in any
identified floodplain area to be considered for approval shall be submitted by the flood-
plain administrator to the County Conservation District for review and comment prior
to the issuance of a permit. The recommendations of the Conservation District shall be
considered by the floodplain administrator for possible incorporation into the proposed
plan.
(Ord. 262, 3/8/2011)
§306. Review of Application by Others.
A copy of all plans and applications for any proposed construction or development in any
identified floodplain area to be considered for approval may be submitted by the flood-
plain administrator to any other appropriate agencies and/or individuals (¢.g., Planning
Commission, Municipal Engineer, etc.) for review and comment.
(Ord. 262, 3/8/2011)
§307. Changes.
After the issuance of a permit by the floodplain administrator, no changes of any kind
shall be made to the application, permit or any of the plans, specifications or other doc-
uments submitted with the application without the written consent or approval of the
floodplain administrator. Requests for any such change shall be in writing and shall be
submitted by the applicant to the floodplain administrator for consideration.
(Ord. 262, 3/8/2011)
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FLOODPLAINS
§308. Placards.
In addition to the permit, the floodplain administrator shall issue a placard, which shall
be displayed on the premises during the time construction is in progress. This placard
shall show the number of the permit the date of its issuance and be signed by the flood-
plain administrator.
(Ord. 262, 3/8/2011)
§309. Start of Construction; Extensions.
1. Work on the proposed construction and/or development shall begin within 180
days after the date of issuance and shall be completed within 12 months after the
date of issuance of the permit, or the permit shall expire, unless a time extension
is granted, in writing, by the floodplain administrator. Construction and/or devel-
opment shall be considered to have started with the preparation of land, land
clearing, grading, filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical or other
service lines from the street.
2. Time extensions shall be granted only if a writton request is submitted by the ap-
plicant, which sets forth sufficient and reasonable cause for the floodplain admin-
istrator to approve such a request.
(Ord. 262, 3/8/2011)
§310. Enforcement.
1. Notices. Whenever the floodplain administrator or other authorized municipal
representative determines that there are reasonable grounds to believe that there
has been a violation of any provisions of this chapter, or of any regulations adopt-
ed pursuant thereto, the floodplain administrator shall give notice of such alleged
violation as hereinafter provided. Such notice shall:
A. Be in writing;
B. _ Include a statement of the reasons for the issuance;
C. Allow a reasonable time, not to exceed a period of 80 days, for the perfor-
mance of any act it requires;
D. _ Be served upon the property owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have been
properly served upon such owner ox agent when a copy thereof has been
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(8, Part 3)
served with such notice by any other method authorized or required by the
laws of this state; and
E. Contain an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter.
2. Penalties. Any person who fails to comply with any or all of the requirements or
provisions of this chapter or who fails or refuses to comply with any notice, order
or direction of the floodplain administrator or any other authorized employee of
the municipality shall be guilty of a misdemeanor and, upon conviction, shall pay
a fine to Shinglehouse Borough of not less than $25 nor more than $600, plus
costs of prosecution, In addition to the above penalties, all other actions are here-
by reserved, including an action in equity for the proper enforcement of this chap-
ter. The imposition of a fine or penalty for any violation of, or noncompliance with,
this chapter shall not excuse the violation or noncompliance or permit it to con-
tinue; and all such persons shall be required to correct or remedy such violations
and noncompliance, within a reasonable time. Any development initiated or any
structure or building constructed, reconstructed, enlarged, altered, or relocated in
noncompliance with this chapter may be declared by Shinglehouse Borough to be
a public nuisance and abatable as such.
(Ord. 262, 3/8/2011)
t> §311. Appeals.
1. Any person aggrieved by any action or decision of the floodplain administrator
concerning the administration of the provisions of this chapter may appeal to the
Shinglehouse Borough Council. Such appeal must be filed, in writing, within 30
days after the decision, determination or action of the floodplain administrator.
2. Upon receipt of such appeal, the Shinglehouse Borough Council shall set a time
and place, within not less than 10 or not more than 30 days, for the purpose of
considering the appeal. Notice of the time and place at which the appeal will be
considered shalll be given to all parties.
3. Any person aggrieved by any decision of the Shinglehouse Borough Council may
seek relief therefrom by appeal to court, as provided by the laws of this state, in-
cluding the Pennsylvania Flood Plain Management Act.
(Ord, 262, 3/8/2011)
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(8, Part 4)
. Part 4
Identification of Floodplain Areas
§401. Identification.
1. The identified floodplain area shall be any areas of Shinglehouse Borough classi-
fied as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMS), dated July 18, 2011, and
issued by the Federal Emergency Management Agency (FEMA), or the most re-
cent revision thereof, including all digital data developed as part of the Flood In-
surance Study.
2, The above-referenced FIS and FIRMs, and any subsequent revisions and amend-
ments, are hereby adopted by Shinglehouse Borough and declared to be a part of
this chapter.
(Ord. 262, 3/8/2011)
§402. Description and Special Requirements of Identified Floodplain Areas.
The identified floodplain area shall consist of the following specific areas:
A. Floodway Area.
(2) Description:
(a) The area identified as “Floodway” in the FIS, which represents
the channel of a watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more
than one foot at any point.
(b) This term shall also include floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been iden-
tified in the FIS.
(2) Special Requirements.
(a) Any encroachment that would cause any increase in flood
heights shalll be prohibited.
(b) No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Pro-
tection’s Regional Office.
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FLOODPLAINS
B. Special Floodplain Area.
(1) Description: the areas identified as “Zones AE and A1-30” in the FIS,
which are subject to inundation by the one-percent annual chance
flood event, determined by detailed methods, and which have base
flood elevations (BFEs) shown.
(2) Special Requirements.
(a) No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any wa-
tercourse, unless a permit is obtained from the Department of
Environmental Protection's Regional Office.
(b) In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demon-
strated that the cumulative effect of all past and projected de-
velopment will not increase the BFE by more than one foot.
C. Approximate Floodplain Area.
(1) Description: the areas identified as “Zone A” in the FIS, which are
subject to inundation by the one-percent annual chance flood event,
determined using approximate methodologies. Because detailed hy- (
draulic analyses have not been performed, no BFEs or flood depths
are shown.
(2) Special Requirements.
(a) No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any wa-
tereourse, unless a permit is obtained from the Department of
Environmental Protection's Regional Office.
(b) When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well
as a floodway area, if possible. When no other information is
available, the BFE shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the
construction site in question.
(©) _ In liew of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engi-
neering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demon-
strated qualifications, who shall certify that the technical meth-
ods used correctly reflect currently accepted technical concepts.
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(8, Part 4)
/ Studies, analyses, computations, etc., shall be submitted in suf-
ficient detail to allow a thorough technical review by Shingle-
house Borough.
D. Shallow Flooding Area.
(1) Description: the areas identified as “Zones AO and AH” in the FIS.
These areas are subject to inundation by the one-percent annual
chance shallow flooding where average depths are between one and
three feet.
(2) Special Requirements: establish drainage paths to guide floodwaters
around and away from structures on slopes.
(Ord. 262, 3/8/2011)
§403. Changes in Identification of Area.
The identified floodplain area may be revised or modified by the Borough Council where
studies or information provided by a qualified agency or person documents the need for
such revision. However, prior to any such change, approval must be obtained from FE-
MA. Additionally, as soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify FEMA of the changes by
c submitting technical or scientific data.
(Ord. 262, 3/8/2011)
§404. Boundary Disputes.
Should a dispute concerning any identified floodplain boundary arise, a determination
shall be made by Shinglehouse Borough. The burden of proof shall be on the appellant.
(Ord. 262, 3/8/2011)
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(8, Part 5)
- Part 5
Technical Provisions
§501. General Requirements.
1. Alteration or Relocation of Watercourse.
A. No encroachment, alteration, or improvement of any kind shall be made to
any watercourse until all adjacent municipalities which may be affected by
such action have been notified by the municipality and until all required
permits or approvals have been first obtained from the Department of Envi-
ronmental Protection’s Regional Office.
B. No encroachment, alteration, or improvement of any kind shall be made to
any watercourse unless it can be shown that the activity will not reduce or
impede the flood-carrying capacity of the watercourse in any way.
©. In addition, FEMA and the Pennsylvania Department of Community and
Economic Development shall be notified prior to any alteration or relocation
of any watercourse.
oy 2. Submit technical or scientific data to FEMA for a letter of map revision (LOMR)
( within six months of the completion of any new construction, development, or oth-
er activity resulting in changes in the BFE.
8, Any new construction, development, uses or activities allowed within any identi-
fied floodplain area shall be undertaken in strict compliance with the provisions
contained in this chapter and any other applicable codes, ordinances and regula-
tions.
(Ord. 262, 3/8/2011)
§502. Elevation and Floodproofing Requirements.
1. Residential Structures,
A. In AE, A1-30, and AH Zones, any new construction or substantial improve-
ment shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
B, In A Zones, where there are no base flood elevations specified on the FIRM,
any new construction or substantial improvement shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood elevation
in accordance with §402C(2)(b) of this chapter.
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FLOODPLAINS
C. In AO Zones, any new construction or substantial improvement shall have
the lowest floor (including basement) at or above the highest adjacent grade
at least as high as the depth number specified on the FIRM.
D. The design and construction standards and specifications contained in the
2006 International Building Code (IBC) and in the 2006 International Resi-
dential Code (IRO), or the most recent revisions thereof, and ASCE 24 and
34 Pa. Code (Chapters 401-405, as amended) shalll be utilized.
2. Nonresidential Structures.
A. In AB, A1-30 and AH Zones, any new construction or substantial improve-
ment of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation or be de-
signed and constructed so that the space enclosed below the regulatory flood
elevation:
(1) Is floodproofed so that the structure is watertight with walls substan-
tially impermeable to the passage of water; and
(2) Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
B. In A Zones, where no base flood elevations are specified on the FIRM, any
new construction or substantial improvement shall have the lowest floor (in- (
cluding basement) elevated or completely floodproofed up to, or above, the
regulatory flood elevation in accordance with §402C(2)(b) of this chapter.
C. In AO Zones, any new construction or substantial improvement shall have
its lowest floor elevated or completely floodproofed above the highest adja-
cent grade to at least as high as the depth number specified on the FIRM.
D. Any nonresidential structure, or part thereof, made watertight below the
regulatory flood elevation shall be floodproofed in accordance with the W1 or
W2 space classification standards contained in the publication entitled
“Floodproofing Regulations” published by the U.S. Army Corps of Engineers
(une 1972, as amended March 1992), or with some other equivalent stand-
ard. All plans and specifications for such floodproofing shall be accompanied
by a statement, certified by a registered professional engineer or architect,
which states that the proposed design and methods of construction are in
conformance with the above-reference standards.
E. The design and construction standards and specifications contained in the
2006 International Building Code (IBC) and in the 2006 International Resi-
dential Code (IRC), or the most recent revisions thereof, and ASCE 24 and
84 Pa. Code (Chapters 401-405, as amended) shalll be utilized.
8. Space Below the Lowest Floor. j
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(8, Part 5)
A. Pully enclosed space below the lowest floor (including basements) is prohib-
ited. The term “fully enclosed space” also includes crawl spaces.
B. Partially enclosed space below the lowest floor (excluding basements) which
will be used solely for the parking of vehicles, building access, or incidental
storage in an area other than a basement shall be designed and constructed
to allow for the automatic entry and exit of floodwaters for the purpose of
equalizing hydrostatic force on exterior walls.
C. Designs for meeting this requirement must either be certified by a regis-
tered professional engineer or architect or meet or exceed the following min-
imum criteria:
@ A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space shall be pro-
vided.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, ete., or other cover-
ings or devices, provided that they permit the automatic entry and ex-
it of floodwaters.
4, Accessory Structures. Structures accessory to a principal building need not be ele-
vated or floodproofed to remain dry but shall comply, at a minimum, with the fol-
lowing requirements:
A. The structure shall not be designed or used for human habitation but shall
be limited to the parking of vehicles or to the storage of tools, materials, and
equipment related to the principal use or activity.
B, The floor area shall not exceed 100 square feet.
C. The structure will have a low damage potential.
D. The structure will be located on the site so as to cause the least obstruction
to the flow of floodwaters.
E. Power lines, wiring, and outlets will be elevated to the regulatory flood ele-
vation.
F. Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
G. Sanitary facilities are prohibited.
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FLOODPLAINS:
H. The structure shall be adequately anchored to prevent flotation or move-
ment and shall be designed to automatically provide for the entry and exit
of floodwater for the purpose of equalizing hydrostatic forces on the walls.
Designs for meeting this requirement must either be certified by a regis-
tered professional engineer or architect or meet or exceed the following min-
imum criteria:
(1) A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space shall be pro-
vided.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, etc., or other cover-
ings or devices, provided that they permit the automatic entry and ex-
it of floodwaters.
(Ord. 262, 3/8/2011)
$503. Design and Construction Standards.
The following minimum standards shall apply for all construction and development
proposed within any identified floodplain area:
A. Fill. Iffill is used, it shall:
(1) Extend laterally at least 15 feet beyond the building line from all
points;
(2) Consist of soil or small rock materials only; sanitary landfills shall not
be permitted;
(3) Be compacted to provide the necessary permeability and resistance to
erosion, scouring, or settling;
(4) Be no steeper than one vertical to two horizontal feet, unless substan-
tiated data justifying steeper slopes are submitted to and approved by
the floodplain administrator; and
(6) Be used to the extent to which it does not adversely affect adjacent
properties.
B. Drainage Facilities. Storm drainage facilities shall be designed to convey
the flow of stormwater runoff in a safe and efficient manner. The system
shall ensure proper drainage along streets and provide positive drainage
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(8, Part 5)
away from buildings. The system shall also be designed to prevent the dis-
charge of excess runoff onto adjacent properties.
C. Water and Sanitary Sewer Facilities and Systems.
(1) All new or replacement water supply and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(2) Sanitary sewer facilities and systems shall be designed to prevent the
discharge of untreated sewage into floodwaters.
(3) No part of any on-site sewage system shall be located within any iden-
tified floodplain area, except in strict compliance with all state and lo-
cal regulations for such systems. If any such system is permitted, it
shall be located so as to avoid impairment to it, or contamination from
it, during a flood.
(4) The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities From Flood Damages, and the In-
ternational Private Sewage Disposal Code shall be utilized.
D. Other Utilities. All other utilities, such as gas lines, electrical and telephone
, systems, shall be located elevated (where possible) and constructed to min-
{3 imize the change of impairment during a flood.
E. Streets. The finished elevation of all new streets shall be no more than one
foot below the regulatory flood elevation.
F. Storage. All materials that are buoyant, flammable, explosive, or, in times of
flooding, could be injurious to human, animal, or plant life, and which are
not listed in §504, Development Which May Endanger Human Life, shall be
stored at or above the regulatory flood elevation and/or be floodproofed to
the maximum extent possible.
G. Placement of Buildings and Structures. All buildings and structures shall be
designed, located, and constructed so as to offer the minimum obstruction to
the flow of water and shall be designed to have a minimum effect upon the
flow and height of floodwater.
H. Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse, or
lateral movement.
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FLOODPLAINS
(2) All air ducts, large pipes, storage tanks, and other similar objects or
components located below the regulatory flood elevation shall be se-
curely anchored or affixed to prevent flotation.
L Floors, Walls and Ceilings.
(1) Wood flooring used at or below the regulatory flood elevation shall be
installed to accommodate a lateral expansion of the flooring, perpen-
dicular to the flooring grain, without causing structural damage to the
building.
(2) Plywood used at or below the regulatory flood elevation shall be of a
marine or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall be
designed and constructed of materials that are water-resistant and
will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant mate-
rial.
J. Paints and Adhesives.
(1) Paints and other finishes used at or below the regulatory flood eleva-
tion shall be of marine or water-resistant quality.
(2) Adhesives used at or below the regulatory flood elevation shall be of a
marine or water-resistant variety.
(8) All wooden components (doors, trim, cabinets, etc.) at or below the
regulatory flood elevation shall be finished with a marine or water-
yesistant paint or other finishing material.
K. Electrical Components.
(1) Electrical distribution panels shall be at least three feet above the
base flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be
dropped from above.
L. Equipment.
(1) Water heaters, furnaces, air-conditioning and ventilating units, and
other electrical, mechanical or utility equipment or apparatus shall
not be located below the regulatory flood elevation.
8.26 12ng2011
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(8, Part 5)
M. Fuel Supply Systems. All gas and oil supply systems shall be designed to
prevent the infiltration of floodwaters into the system and discharges from
the system into floodwaters. Additional provisions shall be made for the dis-
charge of these systems in the event that floodwater infiltration occurs.
N. Uniform Construction Code Coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401-405), as amended, and not limited to
the following provisions, shall apply to the above and other sections and
subsections of this chapter, to the extent that they are more-restrictive
and/or supplement the requirements of this chapter:
(2) International Building Code (IBC) 2006, or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) International Residential Building Code (IRC) 2006, or the latest edi-
tion thereof: Sections R104, R105, R109, R323, Appendix AE101, Ap-
pendix E and Appendix J.
(Ord. 262, 3/8/2011)
§504. Development Which May Endanger Human Life.
1. In accordance with the Pennsylvania Flood Plain Management Act, and the regu-
i) lations adopted by the Department of Community and Economic Development. as
required by the Act, any new or substantially improved structure which will be
used for the production or storage of any of the following dangerous materials or
substances; or will be used for any activity requiring the maintenance of a supply
of more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances shall be subject to the
provisions of this section, in addition to all other applicable provisions. The follow-
ing list of materials and substances is considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanie acid
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FLOODPLAINS
Magnesium (
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, ete.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
2. Within any Floodway Area, any structure of the kind described in Subsection 1
above shall be prohibited.
3. Within any floodplain area, any new or substantially improved structure of the
kind described in Subsection 1 above shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
4. Where permitted within any floodplain area, any new or substantially improved
structure of the kind described in Subsection 1 above shalll be:
A. Elevated or designed and constructed to remain completely dry up to at
least 1 1/2 feet above base flood elevation.
B. Designed to prevent pollution from the structure or activity during the
course of a base flood elevation.
5. Any such structure, or part thereof, that will be built below the regulatory flood
elevation shall be designed and constructed in accordance with the standards for
completely dry floodproofing contained in the publication “Flood-Proofing Regula-
tions (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or
with some other equivalent watertight standard.
(Ord. 262, 3/8/2011)
§505. Special Requirements for Subdivisions.
All subdivision proposals and development proposals containing at least 50 lots or at
least five acres, whichever is the lesser, in flood hazard areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic engineering
analyses that determine base flood elevations and floodway information. The analyses
shall be prepared by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision or letter of map revision. Submittal requirements
and processing fees shall be the responsibility of the applicant. }
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(8, Part 5)
(Ord. 262, 3/8/2011)
§506. Special Requirements for Manufactured Homes.
1. Within any FW (Floodway Area), manufactured homes shall be prohibited.
2. Where permitted within any floodplain area, all manufactured homes, and any
improvements thereto, shall be:
A. Placed on a permanent foundation.
B. Elevated so that the lowest floor of the manufactured home is at least 1 1/2
feet above base flood elevation.
C. Anchored to resist flotation, collapse, or lateral movement.
3. Installation of manufactured homes shall be done in accordance with the manu-
facturer’s installation instructions as provided by the manufacturer. Where the
applicant cannot provide the above information, the requirements of Appendix E
of the 2006 International Residential Building Code or the United States Depart-
ment of Housing and Urban Development’s Permanent Foundations for Manufac-
tured Housing, 1984 Edition, draft or latest revision thereto, shall apply and 34
Pa. Code, Chapters 401-405.
4. Consideration shall be given to the installation requirements of the 2006 IBC and
the 2006 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended,
where appropriate and/or applicable to units where the manufacturer's standards
for anchoring cannot be provided or were not established for the unit’s(s’) pro-
posed installation.
(Ord. 262, 3/8/2011)
§507. Special Requirements for Recreational Vehicles.
Recreational vehicles in Zones A1-30, AH and AE must either:
A. Be on the site for fewer than 180 consecutive days;
B. _ Be fully licensed and ready for highway use; or
C. Meet the permit requirements for manufactured homes in §506.
(Ord. 262, 3/8/2011)
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(8, Part 6)
Part 6
Activities Requiring Special Permits
§601. General Requirements.
In accordance with the administrative regulations promulgated by the Department of
Community and Economic Development to implement the Pennsylvania Flood Plain
Management Act, the following activities shall be prohibited within any identified
floodplain area unless a special permit has been issued by Shinglehouse Borough:
A. The commencement of any of the following activities, or the construction,
enlargement, or expansion of any structure used, or intended to be used, for
any of the following activities:
(1) Hospitals.
(2) Nursing homes.
(8) Jails or prisons.
B. The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision or substantial improvement to an
existing manufactured home park or manufactured home subdivision,
(Ord. 262, 3/8/2011)
§602. Application Requirements for Special Permits.
Applicants for special permits shalll provide five copies of the following items:
A. ‘A written request, including a completed permit application form.
B. A small-scale map showing the vicinity in which the proposed site is located.
C. Aplan of the entire site, clearly and legibly drawn at a scale of one inch be-
ing equal to 100 feet or less, showing the following:
(1) North arrow, scale and date;
(2) Topography based upon the North American Vertical Datm (NAVD) of
1988, showing existing and proposed contours at intervals of two feet;
(8) All property and lot lines, including dimensions, and the size of the
site expressed in acres or square feet;
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FLOODPLAINS
(4) The location of all existing streets, drives, other accessways, and park-
ing areas, with information concerning widths, pavement types and
construction, and elevations;
(6) The location of any existing bodies of water or watercourses, build-
ings, structures and other public or private facilities, including rail-
road tracks and facilities, and any other natural and man-made fea-
tures affecting, or affected by, the proposed activity or development;
(6) The location of the floodplain boundary line, information and spot ele-
vations concerning the base flood elevations, and information concern-
ing the flow of water, including direction and velocities;
(7) The location of all proposed buildings, structures, utilities, and any
other improvements; and
(8) Any other information which the municipality considers necessary for
adequate review of the application.
D. Plans of all proposed buildings, structures and other improvements, clearly
and legibly drawn at suitable scale, showing the following;
() Sufficiently detailed architectural or engineering drawings, including
floor plans, sections, and exterior building elevations, as appropriate;
(2 For any proposed building, the elevation of the lowest floor (including
basement) and, as required, the elevation of any other floor;
(8) Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
(4) Detailed information concerning any proposed floodproofing measures;
() Cross-section drawings for all proposed streets, drives, other access-
ways, and parking areas, showing all rights-of-way and pavement
widths.
(6) Profile drawings for all proposed streets, drives, and vehicular ac-
cessways, including existing and proposed grades; and
(7) Plans and profiles of all proposed sanitary and storm sewer systems,
water supply systems, and any other utilities and facilities.
E. The following data and documentation;
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(8, Part 6)
on; (1) Certification from the applicant that the site upon which the activity
or development is proposed is an existing separate and single parcel,
owned by the applicant or the client he represents;
(2) Certification from a registered professional engineer, architect, or
landscape architect that the proposed construction has been adequate-
ly designed to protect against damage from the base flood;
(3) A statement, certified by a registered professional engineer, architect,
landscape architect, or other qualified person, which contains a com-
plete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of a
base flood, including a statement concerning the effects such pollution
may have on human life;
(4) A statement, certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate de-
scription of the effects the proposed development will have on base
flood elevation and flows;
(6) A statement, certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate de-
scription of the kinds and amounts of any loose buoyant materials or
debris that may possibly exist or be located on the site below the base
{ flood elevation and the effects such materials and debris may have on
base flood elevation and flows;
(6) The appropriate component of the Department of Environmental Pro-
tection’s Planning Module for Land Development;
(7) Where any excavation or grading is proposed, a plan, meeting the re-
quirements of the Department of Environmental Protection, to im-
plement and maintain erosion and sedimentation control;
(8) Any other applicable permits, such as but not limited to a permit for
any activity regulated by the Department of Environmental Protection
under Section 302 of Act 1978-166; and
(9) An evacuation plan which fully explains the manner in which the site
will be safely evacuated before or during the course of a base flood.
(Ord. 262, 3/8/2011)
§603. Application Review Procedures.
Upon receipt of any application for a special permit by Shinglehouse Borough, the fol-
lowing procedures shall apply in addition to those of Part 3:
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FLOODPLAINS
A. Within three working days following receipt of the application, a complete
copy of the application and all accompanying documentation shall be for-
warded to the County Planning Commission by registered or certified mail
for its review and recommendations. Copies of the application shall also be
forwarded to the Shinglehouse Borough Engineer for review and comment.
B. If an application is received that is incomplete, Shinglehouse Borough shall
notify the applicant in writing, stating in what respect the application is de-
ficient.
C. IfShinglehouse Borough decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
D. If Shinglehouse Borough approves an application, it shall file written notifi-
cation, together with the application and all pertinent information, with the
Department of Community and Economic Development, by registered or
certified mail, within five working days after the date of approval.
E. Before issuing the special permit, Shinglehouse Borough shall allow the De-
partment of Community and Economic Development 30 days, after receipt
of the notification by the Department, to review the application and decision
made by Shinglehouse Borough.
F. If Shinglehouse Borough does not receive any communication from the De-
partment of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
G. If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify Shinglehouse Borough and the
applicant, in writing, of the reasons for the disapproval, and Shinglehouse
Borough shall not issue the special permit.
(Ord. 262, 8/8/2011)
§604, Special Technical Requirements.
1. _ In addition to the requirements of Part 5 of this chapter, the following minimum
vequirements shall also apply to any proposed development requiring a special
permit. If there is any conflict between any of the following requirements and
those in Part 6 of this chapter or in any other code, ordinance, or regulation, the
more-restrictive provision shall apply.
2. No application for a special permit shall be approved unless it can be determined
that the structure or activity will be located, constructed and maintained in a
manner which will: )
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(8, Part 6)
A. Fully protect the health and safety of the general public and any occupants
of the structure. At a minimum, all new structures shall be designed, locat-
ed, and constructed so that:
(1) The structure will survive inundation by waters of the base flood ele-
vation without any lateral movement or damage to either the struc-
ture itself or to any of its equipment or contents below the BFE.
(2) The lowest floor (including basement) will be elevated to at least 1 1/2
feet above the base flood elevation.
(8) The occupants of the structure can remain inside for an indefinite pe-
riod of time and be safely evacuated at any time during the base flood.
B. Prevent any significant possibility of pollution, increased flood levels or
flows, or debris endangering life and property.
8. All hydrologic and hydraulic analyses shall be undertaken only be professional
engineers or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical concepts.
Studies, analyses, computations, etc., shall be submitted in sufficient detail to al-
low a thorough technical review by Shinglehouse Borough and the Department of
Community and Economic Development.
(Ord. 262, 3/8/2011)
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(8, Part 7)
Part 7
Existing Structures in Identified Floodplain Areas
§701. Existing Structures.
‘The provisions of this chapter do not require any changes or improvements to be made
to lawfully existing structures. However, when an improvement is made to any existing
structure, the provisions of §702 shall apply.
(Ord. 262, 3/8/2011)
§702. Improvements.
The following provisions shall apply whenever any improvement is made to an existing
structure located within any identified floodplain area:
A. No expansion or enlargement of any existing structure shall be allowed
within any floodway area that would cause any increase in the BFE.
B. No expansion or enlargement of any existing structure shall be allowed
within any Special Floodplain Area that would, together with all other exist-
4 ing and anticipated development, increase the BFE more than one foot at
any point.
C. Any modification, alteration, reconstruction, or improvement of any kind to
an existing structure, to an extent or amount of 50% or more of its market
value, shall constitute a substantial improvement and shall be undertaken
only in full compliance with the provisions of this chapter.
D. The above activity shall also address the requirements of 34 Pa. Code, as
amended, and the 2006 IBC and the 2006 IRC.
E. Any modification, alteration, reconstruction, or improvement of any kind to
an existing structure, to an extent or amount of less than 50% of its market
value, shall be elevated and/or floodproofed to the greatest extent possible.
F. Any modification, alteration, reconstruction, or improvement of any kind
that meets the definition of “repetitive loss” shall be undertaken only in full
compliance with the provisions of this chapter.
(Ord. 262, 3/8/2011)
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(8, Part 8)
Part 8
Variances
§801. General Provisions.
If compliance with any of the requirements of this chapter would result in an exception-
al hardship to a prospective builder, developer or landowner, Shinglehouse Borough
may, upon request, grant relief from the strict application of the requirements.
(Ord. 262, 3/8/2011)
§802. Variance Procedure and Conditions.
1. Requests for variances shall be considered by Shinglehouse Borough in accordance
with the procedures contained in §311 and the following,
2, No variance shall be granted for any construction, development, use, or activity
within any floodway area that would cause any increase in the BFE.
3. No variance shall be granted for any construction, development, use, or activity
within any Special Floodplain Area that would, together with all other existing
(3 and anticipated development, increase the BFE than one foot at any point.
4, Except for a possible modification of the regulatory flood elevation requirement
involved, no variance shall be granted for any of the other requirements pertain-
ing specifically to development regulated by special permit (Part 6) or to develop-
ment which may endanger human life (§504).
5. If granted, a variance shall involve only the least modification necessary to pro-
vide relief.
6. In granting any variance, Shinglehouse Borough shall attach whatever reasonable
conditions. and safeguards it considers necessary in order to protect the public
health, safety, and welfare, and to achieve the objectives of this chapter.
7. Whenever a variance is granted, Shinglehouse Borough shall notify the applicant,
in writing, that:
A. The granting of the variance may result in increased premium rates for
flood insurance.
B. Such variances may increase the risks to life and property.
8. In reviewing any request for variance, Shinglehouse Borough shall consider, at a
minimum, the following:
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FLOODPLAINS
A. That there is good and sufficient cause.
B. That failure to grant the variance would result in exceptional hardship to
the applicant.
C. That the granting of the variance will neither result in an unacceptable or
prohibited increase in flood heights, additional threats to public safety, or
extraordinary public expense, nor create nuisances, cause fraud on, or vie-
timize the public, or conflict with any other applicable state or local ordi-
nances and regulations.
9. A complete record of all variance requests and related actions shall be maintained
by Shinglehouse Borough. In addition, a report of all variances granted during the
year shall be included in the annual report to FEMA.
10. Notwithstanding any of the above, however, all structures shall be designed and
constructed so as to have the capability of resisting the one-hundred-year flood.
(Ord. 262, 3/8/2011)
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(8, Part 9)
Part 9
Definitions
§901. Interpretation.
Unless specifically defined below, words and phrases used in this chapter shall be inter-
preted so as to give this chapter its most reasonable application.
(Ord. 262, 8/8/2011)
§902. Specific Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE — a use or structure on the same lot with,
and of a nature customarily incidental and subordinate to, the principal use or
structure.
BASE FLOOD — a flood which has a one-percent chance of being equaled or ex-
ceeded in any given year (also called the “one-hundred-year flood”).
€) BASE FLOOD ELEVATION (BFE) — the elevation shown on the Flood Insurance
Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface
elevation resulting from a flood that has a one-percent or greater chance of being
equaled or exceeded in any given year.
BASEMENT — any area of the building having its floor below ground level on all
sides.
BUILDING — a combination of materials to form a permanent structure having
walls and a roof. Included shall be all manufactured homes and trailers to be used
for human habitation.
DEVELOPMENT — any man-made change to improved or unimproved real es-
tate, including but not limited to the construction, reconstruction, renovation, re-
pair, expansion, or alteration of buildings or other structures; the placement of
manufactured homes; streets and other paving; utilities; filling, grading and exca-
vation; mining; dredging; drilling operations; storage of equipment or materials;
and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — a manufac-
tured home park or subdivision for which the construction of facilities for servic-
ing 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
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FLOODPLAINS
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 SUBDI-
VISION — 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 grad-
ing or the pouring of concrete pads).
FLOOD — a temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM) — the official map on which the Fed-
eral Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazard and the risk premium zones ap-
plicable to the community.
FLOOD INSURANCE STUDY (FIS) — the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate
Map, the Flood Boundary and Floodway Map, and the water surface elevation of
the base flood.
FLOODPLAIN AREA — a relatively flat or low land area which is subject to par-
tial or complete inundation from an adjoining or nearby stream, river or water-
course; and/or any area subject to the unusual and rapid accumulation of surface
waters from any source.
FLOODPROOFING — any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
FLOODWAY — the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumula-
tively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE — the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE — any structure that is:
A. Listed individually on the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
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(8, Part 9)
~ district preliminarily determined by the Secretary to qualify as a registered
historic district;
C. Individually listed on a state inventory of historic places in states which
have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities
with historic preservation that have been certified either:
(1) By an approved state program as determined by the Secretary of the
Interior; or
(2) Directly by the Secretary of the Interior in states without approved
programs.
LOWEST FLOOR — the lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area, used solely for
parking of vehicles, building access, and incidental storage in an area other than a
basement area, is not considered the lowest floor of a building, provided that such
space is not designed and built so that the structure is in violation of the applica-
ble nonelevation design requirements of this chapter.
MANUFACTURED HOME — a structure, transportable in one or more sections,
7 which is built on a permanent chassis and is designed for use with or without a
€ ) permanent foundation when attached to the required utilities. The term includes
park trailers, travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION — a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MINOR REPAIR — the replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including the cut-
ting 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 exitway re-
quirements; nor shall minor repairs include addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical or other work af.
fecting public health or general safety.
NEW CONSTRUCTION — structures for which the start of construction com-
menced on or after July 9, 1991, and includes any subsequent improvements
thereto.
NEW MANUFACTURED HOME PARK OR SUBDIVISION — 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,
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FLOODPLAINS
the installation of utilities, the construction of streets, and either final site grad-
ing or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
PERSON — an individual, partnership, public or private association or corpora-
tion, firm, trust, estate, municipality, governmental unit, public utility or any oth-
er legal entity whatsoever which is recognized by law as the subject of rights and
duties.
RECREATIONAL VEHICLE — a vehicle which is:
A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projec-
tions;
C. Designed to be self-propelled or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling but as a temporary living
quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION — the base flood elevation (BFE) plus a
freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS — flood-related damages sustained by a structure on two {
separate occasions during a ten-year period for which the cost of repairs at the
time of each such flood event, on average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
SPECIAL FLOOD HAZARD AREA (SFHA) — an area in the floodplain subject to
‘a one-percent or greater chance of flooding in any given year. It is shown on the
FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
SPECIAL PERMIT — a special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and substantial
improvement to such existing parks, when such development is located in all or a
designated portion of a floodplain.
START OF CONSTRUCTION — includes substantial improvement and other
proposed new development and means the date the permit was issued, provided
that the actual start of construction, repair, reconstruction, rehabilitation, addi-
tion, placement, or other, improvement was within 180 days from the date of the
permit. The “actual start” means either the first placement of permanent con-
struction of a structure on a site, such as the pouring of slab or footings, the in-
stallation of piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufacture home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading, and fill-
ing; nor does it include the installation of streets and/or walkways; nor does it in-
8.44 rensi2o11
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(8, Part 9)
- clude excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the “actual start of construc-
tion” means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
STRUCTURE — a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
SUBDIVISION — the division or redivision of a lot, tract, or parcel of land by any
means into two or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines for the purpose, whether immediate or future, of
lease, partition’ by the court for distribution to heirs or devisees, transfer of own-
ership or building or lot development; provided, however, that the subdivision by
lease of land for agricultural purposes into parcels of more than 10 acres, not in-
volving any new street or easement of access or any residential dwelling, shall be
exempted.
SUBSTANTIAL DAMAGE — damage from any cause sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before the dam-
age occurred.
SUBSTANTIAL IMPROVEMENT — any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds 50% of
the market value of the structure before the start of construction of the improve-
ment. This term includes structures which have incurred substantial damage re-
gardless of the actual repair work performed. The term does not, however, include
either:
A. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration will not
preclude the structure's continued designation as a historic structure.
UNIFORM CONSTRUCTION CODE (UCC) — the statewide building code adopt-
ed by the Pennsylvania General Assembly in 1999, applicable to new construction
in all municipalities, whether administered by the municipality, a third party, or
the Department of Labor and Industry. Applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC) and the In-
ternational Building Code (IBC), by reference, as the construction standard appli-
cable for the state floodplain construction. For coordination purposes, references
to the above are made specifically to various sections of the IRC and the IBC.
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FLOODPLAINS
VIOLATION — the failure of a structure or other development to be fully compli-
ant with the community's floodplain management regulations. A structure or oth-
er development without the elevation certificate, other certifications, or other evi-
dence of compliance required in 44CFR §60.3(b)(5), (€)(4), (10), (4)(3), 2),
(e)(4), or (e)(5) is presumed to be in violation until such time as that documenta-
tion is provided.
(Ord. 262, 3/8/2011)
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(8, Part 10)
Part 10
Enactment
§1001. Adoption; When Effective.
‘This chapter shall be effective on July 18, 2011, and shall remain in force until modi-
fied, amended or rescinded by Shinglehouse Borough, Potter County, Pennsylvania.
(Ord, 262, 3/8/2011)
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CHAPTER 9
GRADING AND EXCAVATING
(Reserved to accommodate future ordinances)
- 65 -
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CHAPTER 10
HEALTH AND SAFETY
PART 1
PROPERTY MAINTENANCE
§ 10-101. Short Title.
§ 10-102. Preface.
§ 10-108. Authority.
§ 10-104, Definitions.
§ 10-105. Application.
§ 10-106. Buildings and Structures.
§ 10-107, Property, Yards, Open Lots, and Parking Areas.
§ 10-108. Infestation, Prevention and Correction.
§ 10-109. Miscellaneous Provisions.
§ 10-110. Responsibilities of Occupants.
§ 10-111. Responsibilities of Owners.
§ 10-112. Inspection.
§ 10-113. Notice to Comply.
§ 10-114. Authority to Remedy Noncompliance.
§ 10-115. Hearing.
§ 10-116. Penalties.
§ 10-117. Owners Severally Responsible.
§ 10-118. Remedies Not Mutually Exclusive.
PART 2
STORAGE OF MOTOR VEHICLES
§ 10-201. Purpose.
§ 10-202. Definitions.
§ 10-203. Prohibited Storage.
§ 10-204. Permitted Storage.
§ 10-205. Investigation of Premises.
§ 10-206. Notice of Removal.
§ 10-207. Penalties for Violation.
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§ 10-101 SHINGLEHOUSE CODE § 10-104
PART 1
PROPERTY MAINTENANCE (
§ 10-101. Short Title. [Ord. 186, 4/11/1989, § 1.01]
This Part shall be known and cited as the "Shinglehouse Borough Property
Maintenance Ordinance."
§ 10-102. Preface. [Ord. 186, 4/11/1989, § 2.01]
Recognizing the need within the Borough of Shinglehouse to established certain
minimum health and safety requirements for those buildings, structures, or
properties which are used or associated with human occupancy; this Part hereby
establishes standards which the Borough of Shinglehouse considers to be fair and
effective in meeting those minimum requirements.
§ 10-103. Authority. [Ord. 186, 4/11/1989, § 3.01]
This Part, and the objectives leading to its enactment, are authorized by the
following provisions of the Code of Ordinances of the Borough of Shinglehouse.
§ 10-104. Definitions. (Ord. 186, 4/11/1989, § 4.01]
BUILDING — A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials, equipment (
or animals.
COURT — An open and unoccupied space on a lot enclosed on at least three
sides by the walls of a building.
GARBAGE — Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
INFESTATION — The presence of insects, rodents, vermin and/or other
pests.
JUNK — Any discarded material or articles such as not ordinarily disposed
of in rubbish or refuse and shall include, but not be limited to, scrap metal
and scrapped motor vehicles, farm implements, lumber, etc.
LOT — Plot, tracts, premises or parcel of land, with or without
improvements thereto.
OWNER — Any person or persons, jointly or severally, firm, corporation or
other entity which, either by conveyance or inheritance or otherwise, is
vested with the title to a lot and/or improvements thereto or who retains the
exclusive control of such a lot and/or improvements thereto in his capacity as
a legal representative, such as an administrator, trustee, executor, etc. (
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§ 10-104 HEALTH AND SAFETY § 10-106
REFUSE — All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD — Any building, or part thereof, or man-made
structure, which remains unoccupied for a period of more than six months,
with either doors, windows, or other openings broken, removed, boarded or
sealed up, or any building under construction upon which little or no
construction work has been performed for a period of more than six months.
YARD — Any open space on the same lot with a building and for the most
part unobstructed from the ground up.
§ 10-105. Application. [Ord. 186, 4/11/1989, § 5.01]
The provisions of this Part shall supplement local laws, ordinances or regulations
existing in the Borough of Shinglehouse or those of the Commonwealth of
Pennsylvania. Where a provision of this Part is found to be in conflict with any
provision of a local law, ordinance, code or regulation or those of the Commonwealth
of Pennsylvania, the provision which is more restrictive or which establishes the
higher standard shall prevail.
§ 10-106. Buildings and Structures. [Ord. 186, 4/11/1989, § 6.01]
1. No owner of any building or structure shall fail to take steps and perform
such maintenance thereto, as may be required from time to time, to ensure
the property is safe, sound, sanitary and secure and does not present a
health and/or safety hazard to surrounding properties and to the general
populace.
2. No owner of any unoccupied building or structure shall fail to take such
steps as may be required to insure that these are securely closed so as to
prohibit and deter entry thereto and to insure that no health and/or safety
hazard, or threat thereof, is precipitated due to a lack of maintenance or due
to neglect.
3. Owners of any and all unoccupied buildings and/or structures which, through
neglect, have deteriorated to the point of being classified as unoccupied
hazards, and therefore, constitute a severe health and/or safety hazard shall,
upon direction of the Borough of Shinglehouse, remove, or cause the removal
of, the building and/or structure.
4, No person may use or permit to be used any storage building for the storage
of junk, refuse or rubbish unless said storage building shall first be
approved, in writing, by Shinglehouse Borough Council and in no event shall
such approval be given by said Council if such storage constitutes danger to
any individual or property in said Borough.
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§ 10-107 SHINGLEHOUSE CODE § 10-109
§ 10-107. Property, Yards, Open Lots, and Parking Areas. [Ord. 186, 4/11/
1989, § 7.01]
1 No person shall permit fences and/or minor structures to be constructed and
maintained so as to present a safety or health hazard to persons and/or
property.
2. No person shall permit the development or accumulation of hazards, rodent
harborage and/or infestation upon yards, courts, lots.
3. No person shall permit objectionable materials to accumulate and to be
blown about the surrounding neighborhood.
4. No person shall permit wells, cesspools, cisterns sedimentation ponds,
stormwater management impoundment ponds and/or ponds of a similar
nature to remain open without adequate fencing or barricades to prevent
access thereto by the general public.
5. No person shall use or permit to be used any spot or place within said
Borough as a public or private dump for garbage, refuse, rubbish or junk.
6. No person shall permit the accumulation of heavy undergrowth and/or
vegetation which would impair the health and/or safety of the neighborhood;
nor shall they permit any trees, plants or shrubbery, or any portion thereof,
to grow on their property and which constitute a safety hazard to pedestrian
and/or vehicular traffic. ,
(
7 No person shall permit any garbage, refuse or junk, animal carcass, putrid
matter or other offensive or unwholesome matter or cast the same upon any
lot or piece of ground, public street or alley within said Borough.
§ 10-108. Infestation, Prevention and Correction. (Ord. 186, 4/11/1989, § 8.01]
1 Grounds, buildings and structures shall be maintained free of insect, vermin
and rodent harborage and infestation.
2. Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
3. Where there exists rodent and vermin infestation, corrective measures shall
be undertaken by the property owner and/or occupant to alleviate the
existing problem(s), to include screening, extermination and/or garbage and
refuse control. Methods employed for extermination shall conform with
generally accepted practices.
§ 10-109. Miscellaneous Provisions. [Ord. 186, 4/11/1989, § 9.01]
L No person shall permit roof, surface and/or sanitary drainage to create a
safety and/or health hazard to persons and/or property by reason of.
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§ 10-109 HEALTH AND SAFETY § 10-113
inadequate and/or improper construction, maintenance or manner of
discharge.
2. No person shall permit any refrigerator, freezer and/or other similar storage
chest to be discarded, abandoned or stored in any place or location which is
accessible to the general public without first completely removing any and all
locking devices and/or doors.
§ 10-110, Responsibilities of Occupants. [Ord. 186, 4/11/1989, § 10.01]
Any occupant of a premises shall be responsible for compliance with the provisions
of this Part with respect to the maintenance of that part of the premises which he
occupies and/or controls in a safe, sound and/or sanitary condition pursuant to the
terms of the contract/agreement under which he exercises occupancy and/or control
thereof.
§ 10-111. Responsibilities of Owners. [Ord. 186, 4/11/1989, § 11.01]
L Owners of premises shall comply with the provisions of this Part as well as
operators and occupants, regardless of any agreement between owners and
operators or occupants as to which party shall assume such responsibility.
2. In instances where an occupant is responsible, or shares responsibility with
an owner, for the existence of one or more violations of this Part, said
occupant shall be deemed responsible and treated as if an owner within the
( true intent and meaning of this Part.
§ 10-112. Inspection. [Ord. 186, 4/11/1989, § 12.01]
The Borough Council may, or may cause, through authorized representatives of the
Borough of Shinglehouse, entry onto premises for the purpose of inspection of any
and all premises, properties, buildings and/or structures located within the Borough
of Shinglehouse for ascertaining existence of violations. In those matters where the
nature of an alleged violation is such that an inspection of the interior of a building
or structure is necessitated, prior arrangements must be made with the owner, or
his agent, to secure access thereof.
§ 10-118. Notice to Comply. [Ord. 186, 4/11/1989, § 13.01]
1 If noncompliance with the provisions of this Part constitutes a nuisance, or if
any condition, structure, or improvement poses a threat to the health, safety,
or welfare of the public, the Borough Council shall issue a written notice to
be served by registered or certified mail upon the owner of said premises, or
if the owner's whereabouts or identity be unknown, by posting the notice
conspicuously upon the offending premises.
2. Said notice shall specify the condition or structure or improvement
complained of, and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set forth
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§ 10-113 SHINGLEHOUSE CODE § 10-118
therein within 10 days of mailing or posting of said notice, and thereafter, to
fully comply with the requirements of the notice within a reasonable time. (
§ 10-114. Authority to Remedy Noncompliance. [Ord. 186, 4/11/1989, § 14.01]
If the owner does not comply with the notice to abate the conditions within the time
limit prescribed, the Borough of Shinglehouse shall have the authority to take
measures to correct the conditions and collect the cost of such corrections plus 10%
of all costs. The Borough of Shinglehouse, in such event and pursuant to its
statutory or otherwise authorized police powers, shall have the right and power to
enter upon the offending premises to accomplish the foregoing.
§ 10-115. Hearing. [Ord. 186, 4/11/1989, § 15.01]
1. Any person aggrieved by the decision of the Borough Council may request
and shall then be granted a hearing before the Borough Council; provided, he
files with the Borough of Council within 10 days' after notice of the Borough
Council's decision, a written petition requesting such hearing and setting
forth a brief statement of the ground therefor. The hearing shall commence
not later than 30 days after the date on which the petition was filed unless
postponed for sufficient cause.
2. After such hearing, the Borough of Shinglehouse shall sustain, modify or
overrule the action of the Borough Council.
§ 10-116. Penalties. [Ord. 186, 4/11/1989, § 16.01]
Any person who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not more than $300, and/or to undergo
imprisonment for a term not to exceed 90 days. Each day that a violation of this
Part continues shall constitute a separate offense.
§ 10-117. Owners Severally Responsible. [Ord. 186, 4/11/1989, § 17.01]
If the premises are owned by more than one owner, each owner shalll severally be
subject to prosecution for the violation of this Part.
§ 10-118. Remedies Not Mutually Exclusive. (Ord. 186, 4/11/1989, § 18.01]
The remedies provided herein for the enforcement of this Part, or any remedy
provided by law, shall not be deemed mutually exclusive; rather they may be
employed simultaneously or consecutively, at the option of the Borough Council.
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§ 10-201 HEALTH AND SAFETY § 10-202
PART 2
STORAGE OF MOTOR VEHICLES
§ 10-201. Purpose. [Ord. No. 281, 8/8/2017']
‘The Borough Council recognizes and finds that the accumulation of junked vehicles
creates a hazard or threat or potential threat to the health, safety or welfare of the
Borough's citizens because such accumulation provides a breeding area for rodents
and vermin and because such accumulation provides an attractive nuisance for
children who are not aware of the dangers involved.
§ 10-202. Definitions. [Ord. No. 281, 8/8/2017]
1. For purposes of this Part, the following definitions shall be applicable:
JUNKED MOTOR VEHICLE — A motor vehicle or trailer which is partially
dismantled, unused, unusable or wrecked and which cannot safely or legally
be operated on the streets or highways of this Borough or the commonwealth.
Currently licensed, registered and inspected vehicles shall not be included
within this definition.
MOTOR VEHICLE — Any self-propelled land vehicle which can be used for
towing or transporting people or materials, including, but not limited to,
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
) motor scooters, tractors, snowmobiles, dune buggies and other off-the-road
vehicles.
MOTOR VEHICLE ACCESSORIES — Any part or parts of any motor vehicle.
PERSON — Includes any natural person, firm, partnership, association,
corporation, or other legal entity of whatever kind.
PRIVATE PROPERTY — Any real property not owned by the federal
government, state, county, school district or other political subdivisions.
PUBLIC NUISANCE — The unsheltered storage of a junked motor vehicle as
otherwise defined in this Part which constitutes a hazard or threat or
potential threat to the health, safety, or welfare of the Borough's citizens.
REMOVAL — The physical location or relocation of a motor vehicle to an
authorized location.
1. Editor's Note: This ordinance superseded former Part 2, Storage of Motor Vehicles,
adopted by Ord. 174, 6/11/1985.
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§ 10-202 SHINGLEHOUSE CODE § 10-204
TRAILER — Any wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, boat or other object. (
UNSHELTERED STORAGE — Any storage except storage inside a building
or in an area completely surrounded by a solid fence of a height not less than
the height of the motor vehicle or trailer being sheltered.
§ 10-203. Prohibited Storage. [Ord. No. 281, 8/8/2017]
1. It shall be unlawful for any person owning or having custody of any junked
motor vehicle or motor vehicle accessories which create a hazard or threat or
potential threat to the health, safety or welfare of the Borough's citizens to
store or permit any such vehicle or accessories to remain in unsheltered
storage on any private property or public street or highway within the
Borough for a period of more than 30 days after the expiration of the thirty-
day period following receipt of a notice requiring such removal, and it shall
be further unlawful for any person owning any private property in the
Borough or leasing any such property to store or to permit to remain any
such vehicles or accessories on his property for more than a like period.
2. It shall further be unlawful for any person, after notification to remove any
junked motor vehicle or motor vehicle accessories constituting a public
huisance hereunder from any private property has been given, to move the
same to any other private property upon which such storage is not permitted
or onto any public highway or other public property for purposes of storage. /
§ 10-204. Permitted Storage. [Ord. No. 281, 8/8/2017]
1 The prohibitions of § 10-203 hereof shall not apply to a limit of one junked
motor vehicle or motor vehicle accessories stored within an enclosed building
or in an area completely surrounded by a solid fence of a height not less than
the height of the motor vehicle or motor vehicle accessories being stored, and
the prohibitions of § 10-203 hereof shall not apply to the premises of a
business enterprise otherwise operated in a lawful place and manner when
necessary to the operation of such business enterprise, in a storage place or
depository maintained in a lawful place and manner, or seasonal-use
vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized
campers. Such business enterprises shall include auto repair and auto body
shops, but shall not include tire, battery and accessory sales stores, and the
provisions hereof extending to permitted storage shall not extend to the
storage at such business enterprises of more than five junked vehicles or
trailers at any one time.
2. The prohibition of § 10-203 hereof shall likewise not be applicable to salvors
holding a current certificate of authorization issued by the Department of
‘Transportation of the Commonwealth of Pennsylvania; provided, however,
that such salvor is otherwise operating in a lawful place and manner.
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§ 10-205 HEALTH AND SAFETY § 10-207
§ 10-205. Investigation of Premises. [Ord. No. 281, 8/8/2017]
‘The Shinglehouse Police Department, on routine inspection or upon receipt of a
complaint, may enter upon private property to investigate a suspected junked motor
vehicle or motor vehicle accessories stored or maintained in violation of this Part
and record the make, model, style and identification numbers and its situation and
condition.
§ 10-206. Notice of Removal. [Ord. No. 281, 8/8/2017]
1. Whenever the Police Department finds or is notified that any junked motor
vehicle or motor vehicle accessories have been stored or permitted to remain
on any private property or public street or highway within the Borough and
in violation of the provisions of this Part, the Police Department shall send,
by certified or registered mail, a notice to the owner of record or person
having custody of such motor vehicle, trailer or motor vehicle accessories
within 30 days. Such notice shall contain the following additional
information:
A. Nature of complaint;
B. Description and location of the motor vehicle and/or motor vehicle
accessories;
C. Statement that the motor vehicle or motor vehicle accessories shall be
removed from the premises no later than 30 days from the date of
notification;
D. Statement that removal from the location specified in the notification
to another location upon which such storage is not permitted is
prohibited and shall subject the person to additional penalties;
E. Statement that if removal is made within the time limits specified,
notification thereof shall be given in writing to the Police Department;
and
F. Statement of the penalties provided for noncompliance with such
notice.
§ 10-207. Penalties for Violation. [Ord. No. 281, 8/8/2017]
‘Any person violating any of the provisions of this Part shall, upon conviction, be
guilty of a summary offense and shall be sentenced to pay a fine of not more than
$300 and/or to be committed to the counity jail for a period not exceeding 30 days,
plus costs of prosecution, and each day that a violation is committed shall constitute
a separate offense.
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CHAPTER 11
HOUSING
(Reserved to accommodate future ordinances)
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CHAPTER 12
LIBRARIES
Part 1
Oswayo Valley Memorial Library
§101, Authority to Act as Agent
§102, Assistance
§103. Appointment of Board Members
§104. Bond
§105. Annual Budget
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(12, §101) (12, §101)
Part 1
Oswayo Valley Memorial Library
§101. Authority to Act as Agent. The Borough of Shinglehouse
authorizes and designates the Oswayo Valley Memorial Library to act as the
agent of the Borough to provide public library service to the residents and
taxpayers of the Borough of Shinglehouse for and on behalf of the
Borough. (Ord. 174, 6/11/1985)
$102. Assistance. The Borough Council agrees to assist in the main-
tenance of the Oswayo Valley Memorial Library in accord with the provisions
of Section 401 of the Library Code, the Act of June 14, 1961, P.L. 324, 24
P.S. §4401 (1982), as hereafter amended, supplemented, modified or
reenacted by the General Assembly of Pennsylvania. (Ord. 174, 6/11/1985)
§103. Appointment of Board Members. In accord with Section 411 of
the Library Code, 24 P.S. §44i1 (1982), as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania, the Borough
Council will appoint seven (7) persons to serve as its representatives on
the Board of Directors of the Oswayo Valley Memorial Library, each
representative to serve three (3) years, the terms expiring in different
years. (Ord. 174, 6/11/1985)
§104, Bond. In accord with Section 412 of the Library Code, 24 P.S.
$4412 (1982), as hereafter amended, supplemented, modified or reenacted by
4 the General Assembly of Pennsylvania, the treasurer of the Board of
Directors of the Library shall give bond to the Borough with satisfactory
surety in such amount as the Board of Directors may determine. (Ord. 174,
6/11/1985)
§105. Annual Budget. The Board of Directors shall prepare and
present to the Borough Council by November 1 of each year a budget for the
following year and such reports as are required by Sections 413 and 414 of
the Library Code, 24 P.S. §§4413 and 4414 (1982), as hereafter amended,
supplemented, modified and reenacted by the General Assembly of Penn-
sylvania, and shall give free library service to the residents and
taxpayers as provided in Section 415 of the Library Code, 24 P.S. §4415
(1982), as hereafter amended, supplemented, modified or reenacted by the
General Assembly of Pennsylvania. (Ord. 174, 6/11/1985)
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CHAPTER 13
LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS
Part 1
‘Transient Retail Merchants
§101. Definitions
§102. License Required; Conditions of Issuance; Fee
§103. Exceptions
§104. License Application
§105. Issuance of License; Custody, Display and Exhibit
§106. Prohibited acts
§107. Supervision; Records and Reports
§108. Suspension and Revocation of License; Appeal
§109. Penalties
Part 2
cable Television Franchises
§201. Definitions
§202. Franchise Required
§203. Applications for Initial Franchise
§204. Selection of Grantee
§205. Franchise Fee
§206. Grant of Authority
§207. Duration of Franchise; Renewal
§208. Service Availability and Record Request
§209. Location of Property of Grantee
5210. Construction and Technical Standards; Additional Specifications
§211. Use of Street/Roads
§212. Transfers and Assignments
§213. Time Limit for Existing Cable System to Comply
§214. Required Services and Facilities
§215. Indemnification and Insurance
§216. Service Standards
§217. Continuity of Service Mandatory
§218. Rights Reserved to Shinglehouse Borough
§219. Complaint Procedure
§220. Forfeiture and Termination
§221. Acceptance and Effective Date of Franchise
§222. Violations
§223. Incorporation of Proposal by Reference
§224. Notice or Communication
Page Revised 12/9/1997 - 81 -
Page 108
--------------------
(3, $101) (13, §101)
Part 1
Transient Retail Merchants
§101. Definitions. As used in this Part, the following terms shall
have ‘the meanings indicated, unless a different meaning clearly appears
from the context:
LEGAL HOLIDAY - New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas.
PERSON - any natural person, partnership, association, corporation,
or other legal entity.
TRANSIENT RETAIL BUSINESS -
1. engaging in peddling, soliciting, or taking orders,
either by sample or otherwise, for any goods, wares, or merchandise
upon any street, alley, sidewalk, or public ground, or from house to
house, within the Borough of Shinglehouse; or
2. selling, soliciting, or taking orders for any goods, wares,
or merchandise, from a fixed location within the Borough, on a
temporary basis, which shall include, but not be limited to, such
activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for or in advance of specific yearly
¢ holidays.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
(Ord. 174, 6/11/1985)
§102, License Required; Conditions of Issuance; Fee. No person shall
engage in any transient retail business within the Borough without first
having obtained from the Borough Police Chief a license, for which a fee,
which shall be for the use of the Borough, shall be charged. The license
fee shall be five dollars ($5.00) for a one month period, or any part
thereof. For each and every month or part of a month, an additional five
dollar ($5.00) fee shall be charged for permit renewal. (Ord. 174,
6/11/1985)
§103. Exceptions. No license fee shall be charged:
1, to farmers selling their own produce;
2, for the sale of goods, wares, and merchandise, donated by the
owners thereof, the proceeds whereof are to be applied to any charitable or
philanthropic purposes
3. to any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk and milk products;
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(13, §103, cont'd) (43, §103, cont'd)
4, to children under the age of eighteen (18) years who take orders
for and deliver newspapers, greeting cards, candy, bakery products, and the
like, or who represent the Boy Scouts or Girl Scouts or similar organiza-
tions;
5. to any honorable discharged member of any of the armed services
who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. §61 (1982),
hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania, and who procures from the Prothonotary a
certificate in pursuance of the Act of 18673
6. to the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
7. to any person who has complied with the provisions of the Soli-
citation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S, §§160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania; or
8. for taking orders for merchandise, by sample, from dealers or
merchants for individuals or companies who pay a license or business pri-
vilege tax at their chief place of business.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Police Chief and obtain a license
without fee; provided, any person dealing in one or more of the above
mentioned exempted categories, and dealing with other goods, wares, or
merchandise not so exempted, shall be subject to the payment of the license
fee fixed by this section for his activities in connection with the sale of
goods, wares, and merchandise not in such exempted categories. (
Provided further, the Police Chief may similarly exempt from payment of the
Ticense fee, but not from registering with him, persons working without
compensation and selling goods, wares, or merchandise for the sole benefit
of any nonprofit corporation. Provided further: every license issued
under the provisions of this ordinance shall be issued on an individual
basis to any person or persons engaging in such business; every individual
shall obtain a separate license, issued to him in his name, and the license
fee hereby imposed shall be applicable to every such individual license,
except that a representative of a charitable organization may obtain
licenses for the applicants therein.
(Ord. 174, 6/11/1985)
$104, License Application. Every person desiring a license under
this Part shall first make application to the Police Chief for such
license. He shall, when making such application, exhibit a valid license
from any state or county officer, if such license is also required. The
applicant shall state:
1. his criminal record, if any;
2. name and address of the person by whom he is employed;
3. type of goods, wares, and merchandise he wishes to deal
with in such transient retail business;
4. length of time for which license is to be issued; and
5. type and license number of the vehicle to be used, if any. ’
(@rd._174, 6/11/1985)
= 84 -
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(13, §105) (13, §105)
$105. Issuance of License; Custody, Display and Exhibit. Upon
/ receipt of such application and the prescribed fee, the Police Chief, if he
shall find such application in order, shall issue the license required
under this Part, Such license shall contain the information required to be
given on the application therefor. Every license holder shall carry such
license upon his person if engaged in transient retail business from house
to house or upon any of the streets, alleys, sidewalks, or public grounds,
or shall display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license,
upon request, to all police officers, municipal officials, and citizens or
residents of the Borough of Shinglehouse. (Ord. 174, 6/11/1985)
§106. Prohibited Acts. No person in any transient retail business
shall:
1, sell any product or type of product not mentioned in his license;
2. hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Borough;
3. when operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary in order
to sell therefrom to persons residing or working in the immediate vicinity;
4. park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging, or cleaning any of his goods,
wares, or merchandise or of disposing of any carton, wrapping material, or
stock, wares or foodstuffs which have become unsaleable through handling,
. age or otherwise;
5. engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before nine (9) A.M.
or after eight (8) P.M. on any day of the week other than a Sunday or legal
holiday.
(Ord. 174, 6/11/1985)
§107. Supervision; Records and Reports. The Police Chief shall
supervise the activities of all persons holding licenses under this Part.
He shall keep a record of all licenses issued hereunder and shall make a
report thereof each month to the Borough Council. (Ord. 174, 6/11/1985)
§108. Suspension and Revocation of License; Appeal. The Police Chief
is hereby authorized to suspend or revoke any license issued under this
Part when he deems such suspension or revocation to be beneficial to the
public health, safety, or morals, for violation of any provision of this
Part, or for giving false information upon any application for a license
hereunder. Appeals from any suspension or revocation may be made to the
Borough Council at any time within ten (10) days after such suspension or
revocation. No part of a license fee shall be refunded to any person whose
license shall have been suspended or revoked. (Ord. 174, 6/11/1985)
§109. Penalties. Any person, firm or corporation who shall violate
any provision of this Part shall, upon conviction thereof, be sentenced to
pay a fine not more than three hundred dollars ($300.00), and/or to
imprisonment for not more than ninety (90) days. Each day that a violation
of this Part continues shall constitute a separate offense. (Ord. 174,
6/11/1985)
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(43, §201) (13, 5203)
Part 2
cable Television Franchises
§201. Definitions. For the purposes of this Part, the following terms,
phrases, words and their derivations shall have the meaning given herein.
. APPLICANT - any person who files with Shinglehouse Borough pursuant to
the provisions of this Part an application for an initial franchise or for
‘yenewal thereof, to construct, operate or maintain a cable system in
Shinglehouse Borough.
BASIC REVENUES - the monthly cable service revenues associated with
basic cable service as actually received by the grantee from subscribers of
the cable system. The term shall not include any taxes imposed on a
subscriber of cable service, whether directly or indirectly, by a governmen-
tal agency or a governmental unit which are collected by the grantee on
behalf of said agency or unit.
BASIC SERVICE - any cable service tier which includes the transmission
of local television broadcast signals and/or public, educational and
governmental access channels.
BOROUGH COUNCIL - the governing body of the Borough of Shinglehouse, or
its duly appointed designee.
CABLE SERVICES - the one-way transmission to subscribers of video
programming and other programming services which is required for the
selection of such programming and programming services that the cable
operator makes available to all subscribers generally.
CABLE SYSTEM - a facility consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that
is designated to provide cable service to subscribers and users in Shingleho-
use Borough (regardless of the location of said equipment) which is provided
to multiple subscribers within Shinglehouse Borough, but such term does not
include (i) a facility that serves only to retransmit the television signals
of one (1) or more television broadcast stations; (ii) a facility that serves
only subscribers in one (1) or more multiple unit dwellings under common
ownership, control, or unless such facility uses any public right of way;
(iii) a facility of a common carrier which is subject, in whole or in part,
to the provisions of the Communications Act of 1984, as amended, except that
such facility shall be considered a cable system to the extent such facility
is used in the transmission of video programming directly to subscribers; or
(iv) any facilities of any electric utility used solely for operating its
electric utility systems.
FRANCHISE FEE - a percentage of the monthly cable service revenues as
actually received by the grantee from subscribers of the cable system for
basic cable service for a twelve (12) month period. This term does not
include any taxes on cable service which are imposed directly or indirectly
on any subscriber thereof by a governmental unit or agency and which are
collected by the grantee on behalf of such governmental unit or agency.
GRANTEE - the party or parties to which a franchise under this Part is
granted by the Borough Council, and its lawful successors and assigns
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Page 112
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(13, §201, cont‘a) (23, 5202, cont’a)
PAY TV ~ programming offered on a cable system with fees assessed above
and beyond basic cable charges. When offered on a per channel basis, a (
monthly charge is made for the particular channel option selected.
PROPOSAL - a formal response by a qualified cable company to a specific
invitation by the Borough Council asking for proposals in accordance with
municipal specifications to provide cable services to residents, businesses,
industries and institutions in Shinglehouse Borough.
PERSON - any individual, partnership, firm, corporation, association,
joint stock company, trust, governmental entity, or other legal entity,
including singular and plural, male and female.
SUBSCRIBER - a recipient of cable service.
STREET - the surface of and the space above and below any public street,
road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway
or driveway now or hereafter existing as such within Shinglehouse Borough.
(rd. 212, 3/14/1995, §I)
§202. Franchise Required. From and after the effective date of this
Part, it shall be unlawful for any person to establish, operate or carry on
the business of operating a cable television system within Shinglehouse
Borough unless a franchise therefor has first been applied for and obtained
pursuant to the provisions of this Part. (Ord. 222, 3/14/1995, SIZ)
§203. Applications For Initial Franchise.
1. Content. Each application for an initial nonexclusive franchise to
construct, operate or maintain any cable system in Shinglehouse Borough shall (
be filed with the Borough Council. The following information shall be
supplied:
A. The naite, address, and telephone number of the applicant.
B. A detailed statement of the corporate or other business entity
organization of the applicant including, but not limited to, the
following, and to whatever extent required by the Borough Council:
(1) The names, residence and business addresses of all
officers and directors of the applicant.
(2) The names, residence and business addresses of all
officers, persons and entities having any share of the ownership of
the applicant and the respective ownership share of each such
person or entity.
(3) The names and addresses of the principals of the appli-
cant and a statement describing the cable systems owned or
controlled by the applicant.
(4)_A description of all previous experience of the applicant
in providing cable television system service in related or similar
fields.
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(13, §203(1) (B), cont‘a) (13, §203(1) (B), conta)
(5) A detailed and complete financial statement of the
applicant, prepared by an independent certified public accountant,
for the fiscal year ending immediately prior to the date of the
application hereunder.
(6) Provide proof of insurance as provided in §215, “Indemni-
fication and Insurance."
c. Any other information pertinent to the subject matter of such
application requested by the Borough Council, or required by any Fed-
eral, State or local law, rule or regulation. The Borough Council also
reserves the right to waive any or all of the requirements of the
application procedure set forth in subsection (B) above where the best
interest of the Borough may be served.
(ord, 212, 3/14/1995, STII)
§204. Selection of Grantee.
1. Solicitation of Proposals. The Borough Council may consider
requests as submitted by advertisement or any other means, solicit and call
for applications for cable system franchises, and may determine and fix any
date upon or after which the same shall be received by the Borough Council,
or the date before which the same must be received, or the date after which
the same shall not be received, and may make any other determinations and
specify any other times, terms, conditions or limitations respecting the
soliciting, calling for, making and receiving of such applications.
2. Compliance with Municipal Requirements. Any person submitting a
. proposal for a cable system shall provide all information required by this
Part. Each proposal shall be responsive to the questions soliciting the
information, and shall completely, accurately and materially supply all of
the information solicited. Any misrepresentation, failure, neglect or
refusal to provide any of such information may, at the option of the Borough
Council, render a proposal invalid. The requested information must be
complete and verified as true by the applicant.
3. Applicant Responsibility. Before submitting a proposal, each
applicant shall be solely responsible for and must: (a) examine this Part and
any request for proposal documents thoroughly; (b) be familiar with local
conditions that may in any manner affect performance under the franchise,
including but in no event limited to Borough and institutional telecommunica-
tion needs, relevant demographics, topographics, pole attachment policies of
appropriate utility authorities, undergrounding and subscriber desires; (c)
be familiar with Federal, State and local laws, ordinances, rules and
regulations affecting performance under the franchise; and (a) carefully
correlate all observations with the requirements of this Part and the request
for proposal documents.
4, Investigation, The Borough Council may make such investigations as
it deems necessary to determine the ability of the applicant to perform under
the franchise, and the applicant shall furnish to the Borough Council all
such information and data for this purpose as required by this Part. The
Borough Council reserves the right to reject any proposal if the
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Page 114
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(13, §203(4), cont’d) (13, §203(4), cont‘a)
evidence submitted by an investigation of such applicant fails to satisfy the
Borough Council that such applicant is properly qualified to carry out the
obligations of the franchise agreement, comply with the provisions of this
Part or to satisfactorily construct and/or operate the cable system.
Proposals that modify or place conditions upon requirements stated in the
Borough's request for proposals may be rejected by the Borough Council.
5. Rejection. The Borough Council may reject any and all applications
from whatever source and whenever received. The Borough Council, if it so
desires, may request new or additional proposals. ‘The Borough Council may
reject an application only after notification of objection is provided to the
applicant and written reasons are stated for the rejection, and the applicant
is given an opportunity to be heard in reference to said reasons for
rejection.
6. Public Comment. The Borough Council shall schedule a public hearing
for the consideration of the application, at which time any persons having
any interest therein or objections may file written comments and appear
before the Borough Council and be heard. Notice of said public hearing shall
be published as required by law.
7. Consideration. In making any determination hereunder as to any
application for a new franchise, the Borough Council may consider factors
including, but not limited to, the quality of the service proposed, sub-
scriber rates, income to the Borough, experience, character, background and
financial responsibility of the applicant and its management and owners,
technical and performance quality of equipment, willingness and ability to
meet construction and physical requirements and all requirements set forth in
this Chapter, and willingness to abide by all purpose and policy conditions,
franchise limitations and requirements and any other considerations deemed
pertinent by the Borough Council for safeguarding the interests of the
Borough and the public.
8. Determination. After public hearing the Borough Council shall make
one (1) of the following determinations:
A. By resolution, that such application be denied, which deter-
mination shall be final and conclusive.
B. By ordinance, that such franchise be granted. No provision of
this Part shall be deemed or construed so as to require the granting of
a franchise when in the opinion of the Borough Council it is in the
public interest to restrict the number of grantees to one (1) or more.
(Ord. 212, 3/14/1995, SIV)
§205. Franchise Fee. The grantee shall pay to the Borough Council, a
franchise free equal to five (5) percent of the grantee‘s gross revenues
actually received from subscribers of the cable system for basic cable
service for any twelve (12) month period, said payment to be made on a
quarterly basis. The franchise fee payment shall be due and payable ninety
(90) days after the close of the preceding quarter. Each payment shall be
accompanied by a brief report from the grantee showing the basis for the
computation. (Ord. 212, 3/14/1995, sv)
= 86.4 - Page Revised 12/9/1997
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(23, §206) (13, §206)
§206. Grant of Authority.
1. Applicants granted franchises will be granted the right and
privilege to construct, erect, operate and maintain, in, upon, along, across,
above, over and under the streets, alleys, public ways and public places now
laid out or dedicated and all extensions thereof, and additions thereto in
Shinglehouse Borough, poles, wires, cables, underground conduits, manholes
and other cable conductors and fixtures necessary for the maintenance and
operation in Shinglehouse Borough of a cable system, to be used for the sale
and distribution of cable services to the residents of Shinglehouse Borough.
2. Any privilege claimed by a grantee under any such franchise in any
street or other public property shall be subordinate to any prior lawful
occupancy of the streets or other public property.
(ord. 212, 3/14/1995, SVz)
§207, Duration of Franchise; Renewal.
1. Duration of Franchise. The duration of the rights, privileges and
authorizations granted in an initial franchise agreement shall be ten (10)
years from the effective date of the ordinance granting the franchise. A
franchise may be renewed for an additional five (5) year term by Shinglehouse
Borough upon application of the grantee pursuant to the procedure established
in this Part and in accordance with the then applicable law.
2. Renewal.
A. During the six (6) month period before the franchise is due to
expire, Shinglehouse Borough may, on its own initiative, and shall at
the request of the grantee, commence proceedings which afford the public
appropriate notice and participation for the purpose of:
(1) Identifying the Borough’s future cable related needs and
interests.
(2) Review the performance of the grantee under the franchise
during the then current franchise term.
(3) Upon completion of a proceeding under subsection (2) (A)
above, the grantee seeking renewal of a franchise may, on its own
initiative, or at the request of Shinglehouse Borough, submit a
renewal proposal within the time period established by the Borough.
(4) Any such renewal application shall contain the infor-
mation for the initial franchise application.
B. Upon submittal by the grantee of a proposal to Shinglehouse
Borough for the renewal of the franchise, the Borough shall provide
public notice of such proposal and schedule a public hearing for
consideration of the proposal.
C. In determining whether or not to renew a franchise, the Borough
Council shall consider whether:
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Page 116
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(23, §207(2)(C), cont'd) (13, §207(2)(C), cont'd)
(1) The grantee has substantially complied with the material
terms of the existing franchise and with applicable law
(2) The quality of the grantee’s service, including signal
quality, response to consumer complaints and billing practices, has
been reasonable in light of the Borough's needs.
(3) The grantee has the financial, legal and technical
ability to provide the services, facilities and equipment as set
forth in the grantee’s proposal.
(4) The grantee’s proposal is reasonable to meet the
Borough's future cable related needs and interest, taking into
account the cost of meeting such needs and interests.
D. ‘The grantee shall be afforded notice and fair opportunity for
full participation.
E. At the completion of consideration, the Borough Council shall
by ordinance issue a written decision granting the renewal or by
resolution issue a written decision denying the renewal proposal and
advise grantee of its decision. A decision not to renew shall state the
reasons for nonrenewal.
F. Any denial of a proposal for renewal shall be based on one (1)
or more adverse findings made with respect to the factors described in
subsection (C) above.
G. Notwithstanding the provisions of this Part, a cable operator
may submit a proposal for the renewal of a franchise pursuant to this
subsection at any time, and a franchising authority may, after affording
the public adequate notice and opportunity for comment, grant or deny ‘
such proposal at any time (including after proceedings pursuant to this
Part have been commenced). The provisions of subsections (A) through
(F), above, shall not apply to a decision to grant or deny a proposal
under this subsection. The denial of a renewal pursuant to this
subsection shall not affect action on a renewal proposal that is
submitted in accordance with subsection (A) through (F) above
(Ord. 212, 3/14/1995, SVII)
§208. Service Availability and Record Request.
1. he grantee may provide cable service pursuant to the provisions of
this Part and the franchise agreement as shall be specified in the franchise
agreement.
2. The Borough reserves the right to inspect all pertinent books,
records, maps, plans, financial statements and other materials upon
reasonable notice and during reasonable and normal business hours
(ord. 212, 3/14/1995, SVIII)
§209. Location of Property of Grantee.
1. Any wires, cable lines, conduits or other properties of the grantee
to be constructed or installed in streets or roadways shall be so constructed
or installed only at such locations and in such manner as shall be approved
by the Borough Council. F
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(13, §209(2)) (13, §209(2))
2. The grantee shall not install any facility or apparatus in or on
other public property, places, easements or rights of way or within any
privately owned area within Shinglehouse Borough which has not yet become a
public street or roadway, but is designated or delineated as a proposed
public street on any preliminary or final subdivision plan or map approved by
Shinglehouse Borough, except those installed in or on public utility
facilities now existing, without obtaining the prior written approval of the
Borough Council. This provision shall not apply to attachment to public
utility poles.
(Ord. 212, 3/14/1995, SIX)
§210. Construction and Technical Standards; Additional Specifications.
1. Construction, installation and maintenance of the cable system shall
be performed in an orderly and workmanlike manner. All cables and wires
shall be installed, where possible, parallel with and in the same manner as
electric and telephone lines. Underground installations shall be in
conformance with all applicable codes, laws, rules and regulations, now or
hereafter in effect.
2. ‘The grantee shall at all times comply with:
A. National Electrical Safety Code (National Bureau of Standards).
B. National Electrical Code (National Bureau of Fire Under
writers).
C. The Standards of Good Engineering Practices for Measurements on
cable Television Systems (National Cable Television Association), 1983.
3. Furthermore, the system shall not endanger or interfere with the
safety of persons or property in the franchise area or other areas where the
grantee may have equipment located.
(Ord. 212, 3/14/1995, 5X)
§211. Use of Streets/Roads.
1. All transmission and distribution structures, lines and equipment
erected by the grantee within Shinglehouse Borough shall be so located as to
cause minimum interference with the rights and reasonable convenience of
property owners who adjoin any of the said streets
2. In case of disturbance of any street, roadway, easement or paved
area or other property, the grantee shall, at its own cost and expense, and
in a manner approved by Shinglehouse Borough, replace and restore such
street, roadway, easement or paved area or other property in as good a
condition as before the work involving such disturbance was done.
3. The grantee, at its expense, shall protect, support, temporarily
disconnect, relocate in the same street, roadway or other public place, or
remove from the street, roadway or other public place any property of the
grantee when required by the Borough Council by reason of traffic conditions,
public safety, street or road vacation, street or road
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Page 118
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(13, §211(3), cont’d) (13, §211(3), cont’a)
construction, change or establishment of street or road grades, or the
installation of sewers, drains, water pipes, power lines, signal lines,
tracks, or any other type of structures or improvements by public agencies.
4. The grantee shall notify Shinglehouse Borough regarding the need to
trim trees upon and overhanging streets or roadways of Shinglehouse Borough
so as to prevent the branches of such trees from coming in contact with the
wires and cables of the grantee. ‘rimming shall be limited to the area
required for clear cable passage and shall not include major structural
branches which materially alter the appearance and natural growth habits of
the tree.
5. At the expiration of the term for which a franchise is granted, or
upon its termination and cancellation as otherwise provided for herein,
Shinglehouse Borough shall have the right to require the grantee to remove,
at its own expense, all portions of the cable television system from all
streets within Shinglehouse Borough. The grantee shall within one hundred
fifty (150) days after having been given written notice, remove from the
streets, roads or public places all such property of such system other than
any which the Borough Council may permit to be abandoned in place. In the
event of such removal, the grantee shall promptly restore the street, road or
other area from which such property has been removed to a condition
satisfactory to the Borough Council.
6. Any property of the grantee remaining in place one hundred fifty
(150) days after the grantee is given notice pursuant to this subsection
shall be considered permanently abandoned, The Borough Council may extend
such time not to exceed an additional sixty (60) days.
7. Any property of the grantee to be abandoned in place shall be (
abandoned in such manner as the Borough Council shall prescribe. Subject to
the provision of any utility joint use attachment agreement, upon permanent
abandonment of the property of the grantee in place the property shall become
that of Shinglehouse Borough, and the grantee shall submit to the Borough
Council an instrument in writing, to be approved by the Borough Solicitor,
transferring to Shinglehouse Borough the ownership of such property.
(Ora. 212, 3/14/1995, §XI)
§212. ‘Transfers and Assignments.
1. The grantee shall not sell, assign or transfer, either in whole or
in part, except as is permitted in a franchise agreement, in trust or
otherwise, or lease, or sublet, in any manner, nor pass or vest in any right,
interest or property therein, without the prior written consent of
Shinglehouse Borough, expressed by resolution of the Borough Council
2. The grantee shall promptly notify Shinglehouse Borough of any actual
or proposed change in, or transfer of, or acquisition by any other person of
control of the grantee. Every such change, transfer or acquisition of
control shall make the franchise subject to cancellation unless and until
Shinglehouse Borough, by resolution of the Borough Council, shall have
consented thereto.
3. As a condition of the Borough’s consent, the proposed transferee or
assignee must show technical ability, financial capability, legal qualifica-
tions and general character qualifications as determined by ‘
= 86.8 - Page Revised 12/9/1997
Page 119
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(13, §212(3), cont'd) (23, §212(3), cont’d)
Shinglehouse Borough and must agree to comply with all provisions of this
Part, the franchise and with such conditions as may be prescribed by the
Borough Council to ensure the above qualifications. Shinglehouse Borough
shall not unreasonably deny a proposed transfer or assignment and shall base
its final determination on the aforementioned qualifications of the potential
transferee or assignee. Denials based on refusal of a transferee or assignee
to renegotiate terms of the existing franchise shall be deemed unreasonable
with the exception that Shinglehouse Borough may insist upon all terms and
conditions necessary to ensure the proposed transferee’s or assignee’s
compliance with the aforementioned qualifications even though said terms and
conditions may be in addition to those contained in this Part or the original
franchise agreement. The Borough Council shall state in writing its reasons
for denying a request for transfer or assignment. Shinglehouse Borough shall
be deemed to have consented to a proposed transfer or assignment in the event
its refusal to consent is not sent by regular mail to grantee within sixty
(60) days following receipt of written notice of the proposed transfer or
assignment.
(Ord. 212, 3/14/1995, SXII)
§213. Time Limit for Existing Cable System to Comply. Any person
owning, operating or maintaining a cable system in Shinglehouse Borough at
the time of enactment of this Part shall be required to comply with the
provisions of this Part within six (6) months of the effective date of this
Part. Failure to comply within six (6) months will result in a violation of
this Part as provided in §222. (Ord. 212, 3/14/1995, SXIZI)
§214. Required Services and Facilities. A franchise agreement or
franchise renewal agreement shall include a Section describing the grantee’s
programming and services being offered. (Ord. 212, 3/14/1995, SXIV)
§215. Indemnification and Insurance.
1. It shall be expressly understood and agreed by and between Shingle-
house Borough and any grantee that the grantee shall indemnify, hold harmless
and defend Shinglehouse Borough, its agents and employees from and against
any and all costs, claims, damages, losses, suits, actions, fines, penalties
or demands of any kind asserted on behalf of any person or governmental
agency or authority and expenses, (including reasonable attorney's fees)
arising out of or in any way connected with:
A. Any failure of the grantee to abide by or perform any of the
terms, conditions or provisions of its franchise agreement or this Part.
B. Any failure by the grantee to comply with any statutes,
ordinances, rules, regulations or orders of any governmental authority.
©. Any bodily injury (including death) or property damage arising
out of grantee’s operations with respect to grantee’s franchise,
franchise agreement or this Part.
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Page 120
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(23, §215(1) (D)) (23, §215(1) (D))
D. any act or activity of grantee relating to the granting of
grantee’s franchise, its franchise agreement or this Part
E. Any act or activity of grantee relating to the implementation
of the terms of this the grantee’s franchise or this Part.
F. any act or activity of grantee relating to the installation,
operation or maintenance of a cable television system, whether or not
any act or omission complained of is authorized, allowed or prohibited
by this Part or the grantee’s franchise.
2. The grantee shall provide to the Borough proof of coverage and
property damage and personal liability insurance written by an insurance
company or companies qualified to do business in the Commonwealth of
Pennsylvania, in an amount as specified in the franchise agreement.
(ord. 212, 3/14/1995, §xv)
$216. Service Standards.
1. A grantee shall put, keep and maintain all parts of the cable system
in good condition throughout the entire franchise period.
2. Upon termination of service to any subscriber, a grantee shall
promptly remove all its facilities and equipment from the premises of such
subscriber upon subscriber's request.
3. The grantee shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time possible.
All interruptions, to the extent possible, shall be preceded by written
notice or telephone communication to the Borough Council and shall occur
during periods of minimum system use.
4. The grantee shall not allow its cable or other operations to
interfere with television reception of persons not served by the grantee, nor
shall the system interfere with, obstruct or hinder in any manner the
operation of the various utilities servicing the residents of Shinglehouse
Borough.
(Ord. 212, 3/14/1995, sxVvI)
§217. Continuity of Service Mandatory.
1. In the event that a grantee elects to rebuild, modify or sell the
system, ox Shinglehouse Borough gives notice of intent to not to renew a
franchise the grantee shall act so as to ensure that all subscribers receive
continuous, uninterrupted service regardless of the circumstances pursuant to
the provisions of this Part. The grantee shall not be obligated to provide
service after the effective termination of this franchise.
2. In the event of a change of grantee, or in the event a new operator
acquires the system, a grantee shall cooperate with Shinglehouse Borough and
the new grantee or operator in maintaining continuity of service to ali
subscribers. During such period, grantee shall be entitled to the revenues
for any period during which it operates the system, and shall be entitled to
reimbursement from any succeeding grantee or operator for its reasonable
costs for its services after it no longer operates the system.
(ord. 209, 12/14/1993, §17)
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(13, §228) (13, §218)
§218. Rights Reserved to Shinglehouse Borough.
1. ‘here is hereby reserved to Shinglehouse Borough every right and
power which is required to be reserved by the provisions of this Part or by
any other Federal, State or local law, rule or regulation, and the grantee,
by its acceptance of a franchise, agrees to be bound thereby and to comply
with any action or requirements of Shinglehouse Borough in its exercise of
such rights or powers heretofore or hereafter enacted or established as long
as such amendment or change does not violate or change any existing franchise
agreement.
2. There is hereby reserved to Shinglehouse Borough the power to amend
any Section of this Part so as to require additional or greater regulatory
standards of construction, operation, maintenance or otherwise on the part of
the grantee for purposes of protecting the public, health, safety and
welfare. This provision shall not apply to commitments of a contractual
nature made in a franchise agreement or franchise renewal agreement
3. Neither the granting of any franchise under the provisions of this
Part nor any provision of this Part shall constitute a waiver or bar to the
exercise of any governmental right or power of Shinglehouse Borough except as
the Borough may be contractually bound by any franchise
4. ‘The Borough Council may do all things which are necessary and
convenient in the exercise of its jurisdiction under the provisions of this
Part and may determine any matter which may arise during the existence of any
franchise granted under the provisions of this Part
(ord. 212, 3/14/1995, SXVIII)
§219. Complaint Procedure.
1. The Borough Council is hereby designated as having primary respon-
sibility for the continuing administration of a franchise and implementation
of complaint procedures.
2. A grantee shall have a publicly listed telephone with a toll free
number and sufficient lines, or will accept collect calls and be so operated
that complaints and request for repairs shall be received during normal
business hours
3. A grantee shall maintain a repair maintenance crew capable of
responding to subscriber complaints or requests for service within twenty-
four (24) hours after receipt of the complaint or request. No charge shall
be made to the subscriber for this service unless such maintenance or repair
is required as a result of damage caused by the subscriber.
(Qrd. 212, 3/14/1995 XIX)
§220. Forfeiture and Termination.
1, In addition to all other rights and powers retained by Shinglehouse
Borough under this Part or otherwise, the Borough reserves the right to
forfeit and terminate a franchise and all rights and privileges of a grantee
in the event of a material breach of its terms and conditions. In interpret-
ing this Section, material provisions shall include all labeled as such and
all others, which under all the facts and circumstances
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Page 122
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(13, §220(2), cont’d) (13, §220(1), cont‘a)
indicated, are a significant provision of the franchise agreement. A
material breach by grantee shall include, but shall not be limited to, the
following:
A, Violation of any material provision of the franchise agreement,
franchise renewal agreement or any material rule, order, regulation or
determination of Shinglehouse Borough made pursuant to the franchise
agreement, franchise renewal agreement or this Part.
B. Attempt to evade any material provision of the franchise
agreement, franchise renewal agreement or this Part or the practicing of
any fraud or deceit upon Shinglehouse Borough or its subscribers or
customers.
C. Failure to restore cable service within a reasonable period of
time under the circumstances.
D. Material misrepresentation of fact in the application for or
negotiation of the franchise agreement or franchise renewal agreement.
2. The foregoing shall not constitute a material breach if the
violation occurs but it is without fault of a grantee or occurs as a result
of circumstances beyond its control. Grantee shall not be excused by meer
economic hardship nor by misfeasance or malfeasance of its shareholders,
directors, officers, employees or agents.
3. Shinglehouse Borough may make a written demand that a grantee comply
with any such provision, rule, order or determination under or pursuant to
this Part and franchise agreement. If the breach by the grantee continues
for a period of thirty (30) days following such written demand without
written proof that the corrective action has been taken or is being actively (
and expeditiously pursued, a franchise may be terminated.
(ord. 212, 3/14/1995, sxx)
$221. Acceptance and Effective Date of Franchise.
1. No franchise or franchise renewal granted pursuant to the provisions
of this Part shall become effective until such time as all requirements of
this Part are done and completed, all of such requirements being hereby
declared to be conditions precedent to the effectiveness of any such
franchise or franchise renewal granted hereunder. In the event that any such
requirements are not done and completed in the time and manner required by
this Part, the Borough Council may declare the franchise null and void.
2, Within thirty (30) days after the effective date of an ordinance
awarding a franchise or franchise renewal or within such extended period of
time as the Borough Council in its discretion may authorize in the aforesaid
ordinance, a grantee shall execute the franchise or franchise renewal
agreement, and file the same with the Borough Council together with the
insurance policies required by this Part. Such agreement shall be acknow-
ledged by the grantee before a notary public and shall in form and content be
satisfactory to and approved by the Borough Solicitor.
(Qrd,_212, 3/14/1995, §XXxI)
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(13, §222) (13, §222)
§222. Violations. Any person who establishes, operates or carries on
the business of operating a cable television system in Shinglehouse Borough
without having been granted a franchise, except as provided in §212, in which
a person operating, owning or maintaining a cable system in Shinglehouse
Borough shall have six (6) months to comply with this Part, pursuant to this
Part may be liable, upon conviction thereof, to a penalty of not more than
six hundred dollars ($600.00) and/or may undergo imprisonment in the Potter
County Jail for a period not exceeding ninety (90) days. Each day that any
such violation continues shall constitute a separate offense. The aforesaid
penalty provision shall be in addition to any other rights to damages or
injunctive relief which Shinglehouse Borough may have. (Qrd. 212, 3/14/1995,
SXXII)
§223. Incorporation of Proposal by Reference. Upon award of franchise
or franchise renewal pursuant to this Part, a grantee shall agree to be bound
by all the terms and conditions contained herein. A grantee shall also agree
that its proposal to provide system design, facilities, equipment and
services SHALL be considered part of the contemporaneous legislative history
of any ordinance, and the franchise agreement shall be construed in
accordance with the provisions of the Pennsylvania Statutory Construction Act
of 1972, 1 Pa.c.S.A. §1501 et sea.
(Ord. 212, 3/14/1995, SXXIII)
§224, Notice or Communication. Any notice or communication required,
permitted or desired to be given pursuant to this Part shall be deemed
effectively given when personally delivered or mailed by prepaid certified
mail, return receipt requested, addressed as follows:
Borough of Shinglehouse
P.O, Box 156
Shinglehouse, PA 16748
(Qrd. 212, 3/14/1995, SxxIV)
Page Revised 12/9/1997 - 86.13 -
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CHAPTER 14
MOBILE HOMES AND MOBILE HOME PARKS
(Reserved to accommodate future ordinances)
- 87 -
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CHAPTER 15
MOTOR VEHICLES AND TRAFFIC
PART 1
GENERAL REGULATIONS
§ 15-101. Definitions and Interpretation.
§ 15-102. Manner of Adopting Permanent Traffic and Parking
Regulations.
§ 15-108. Provisions to Be Continuation of Existing Regulations.
§ 15-104. Temporary and Emergency Regulations.
§ 15-105. Experimental Regulations.
§ 15-106. Traffic on Streets Closed or Restricted for Construction,
Maintenance or Special Events.
§ 15-107. Use of Streets by Processions and Assemblages.
§ 15-108. Authority of Police Officers.
§ 15-109, Authorization for Use of Speed Timing Devices.
PART 2
TRAFFIC REGULATIONS
§ 15-201. Maximum Speed Limits Established on Certain Streets.
§ 15-202. Maximum Speed Limits Established on Certain Bridges
and Elevated Structures.
§ 15-208. Maximum Speed Limits Established for Certain Vehicles
on Hazardous Grades.
§ 15-204. Maximum Speed Limits Established in Parks.
§ 15-205. ‘Traffic Signals at Certain Locations.
§ 15-206. Intersections Where Turn Prohibited on Red Signal.
§ 15-207. One-Way Streets Established.
§ 15-208. Rotary Traffic Islands Established.
§ 15-209, ‘Turning at Certain Intersections Prohibited or
Restricted.
§ 15-210. Right Turns Only Permitted at Certain Intersections.
§ 15-211. U-Turns Prohibited at Certain Locations.
§ 15-212. No Passing Zones Established.
§ 15-218. ‘Through Highways Established.
§ 15-214, Stop Intersections Established.
§ 15-215. Yield Intersections Established.
§ 15-216. Play Highways Established and Authorized.
§ 15-217. Restrictions on Use of Pushcarts.
§ 15-218. Skates, Coasters, Sleds and Other Toy Vehicles.
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PART 3
SNOWMOBILES
§ 15-801. Definition.
§ 15-302. Snowmobile Roads Designated.
§ 15-803. Roads Closed to Snowmobile Usage.
§ 15-304. All Other Roads Designated as Snowmobile Roads.
§ 15-805. Operation of Snowmobile; Speed Limit.
§ 15-806. Operation of Snowmobiles on Certain Streets Constitutes
Disorderly Conduct.
§ 15-307. Unreasonable Noise Constitutes Disorderly Conduct.
§ 15-308. Permitted Hours of Operation.
§ 15-309. Operation by Persons Under Age 16.
§ 15-310. Registration of Snowmobiles.
§ 15-311. Penalties.
§ 15-812. Borough Not to Be Held Liable.
PART 4
RESTRICTIONS ON SIZE, WEIGHT AND TYPE OF VEHICLE AND LOAD
§ 15-401. Vehicle Weight Limits Established on Certain Streets
and Bridges.
§ 15-402, Restrictions on Size of Vehicles on Certain Streets and
Bridges.
§ 15-403. Restrictions as to Weight and Size of Vehicles on
Certain Streets and Bridges.
§ 15-404. Truck Traffic Restricted on Certain Streets.
PART 5
GENERAL PARKING REGULATIONS
§ 15-501. Vehicles to Be Parked Within Marked Spaces.
§ 15-502. Angle Parking Required on Portions of Certain Streets.
§ 15-503. Parking Prohibited at All Times in Certain Locations.
§ 15-503.1. Parking Prohibited.
§ 15-504. Parking Prohibited in Certain Locations Certain Days
and Hours.
§ 15-505. Parking of Trucks, Buses and Certain Other Vehicles
Prohibited in Certain Locations.
§ 15-506. Parking Time Limited in Certain Locations Certain Days
and Hours.
§ 15-507. Special Purpose Parking Zones Established; Parking
Otherwise Prohibited.
s2n12018 15:2
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MOTOR VEHICLES AND TRAFFIC
§ 15-608. Standing or Parking on Roadway for Loading or
Unloading.
§ 15-509. Penalties.
PART 6
REMOVAL AND IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES
§ 15-601. Applicability and Scope.
§ 15-602. "Abandoned Vehicle" Defined.
§ 15-603. Removal of Vehicle by or at Direction of Police.
§ 15-604, Designation of Approved Storage Garages; Bonding;
Towing and Storage.
§ 15-605. Effect of Payment of Towing and Storage Charges.
§ 15-606. Reclamation Costs.
§ 15-607. Records of Vehicles Removed and Impounded.
§ 15-608. Restrictions Upon Removal of Vehicles.
§ 15-609. Penalty.
PART 7
ROAD POSTING
§ 15-701. Title.
§ 15-702. Purpose.
§ 15-703. Weight Limitation.
§ 15-704. Road Permit Required.
§ 15-705. Application Procedure/Application Fee.
§ 15-706. Penalties.
PART 8
Parking, Storage or Use of Major Recreational Equipment
§ 15-801. Definitions.
§ 15-802. Storage of Major Recreational Equipment on Public
Rights-of Way.
§ 15-803. Occupancy.
§ 15-804. Spacing.
§ 15-805. Lot Coverage.
§ 15-806. Derelict Equipment.
§ 15-807. Penalties for Violations.
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§ 15-101 SHINGLEHOUSE CODE § 15-104
PART 1
GENERAL REGULATIONS ‘
§ 15-101. Definitions and Interpretation. [Ord. 174, 6/11/1985]
1. Words and phrases, when used in this chapter, except for sections on articles
to which different or additional definitions apply, shall have the meanings
ascribed to them in The Vehicle Code (the Act of June 17, 1976, P.L. 162 No.
81), as amended, except that, in this chapter, the word "street" may be used
interchangeably with the word "highway", and shall have the same meaning
as the word "highway" as defined in the Vehicle Code.
2, The term "legal holidays" as used in this chapter shall mean and include:
New Year's Day, Memorial Day, Independence Day, Labor Day,
‘Thanksgiving Day and Christmas Day.
3, In this chapter, the singular shall include the plural, the plural shall include
‘the singular, and the masculine shall include the feminine.
§ 15-102. Manner of Adopting Permanent Traffic and Parking Regulations.
[Ord. 174, 6/11/1985]
All traffic and parking regulations of a permanent nature shall be enacted as
ordinances, as parts of ordinances, as amendments to ordinances, or as
amendments to this chapter, except where the law specifically authorizes less (
formal action.
§ 15-103, Provisions to Be Continuation of Existing Regulations. [Ord. 174,
6/11/1985}
The provisions of this chapter, so far as they are the same as those of ordinances
and regulations in force immediately before the enactment of this chapter, are
intended as a continuation of those earlier ordinances and regulations, and not as
new enactments. Nothing in this chapter shall affect any act done or liability
incurred, or any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
§ 15-104. Temporary and Emergency Regulations. [Ord. 174, 6/11/1985]
The Mayor shall have the following powers to regulate traffic and parking
temporarily and in time of emergency:
1. In the case of fire, flood, storm or other emergency, to establish temporary
traffic and/or parking regulations; and
2, In the case of emergency or to facilitate public works, or in the conduct of
parades, processions or public events, to restrict or prohibit traffic and/or
parking in limited areas for periods of not more than 72 hours.
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§ 15-104 MOTOR VEHICLES AND TRAFFIC § 15-106
Such temporary and emergency regulations shall be enforced by the Police
Department in the same manner as permanent regulations. Any person who shall
operate or park a vehicle or tractor in violation of any such regulations, or who
shall move, remove, destroy, injure or deface any sign or marking erected, posted or
made to give notice of any such regulation, shall, upon conviction thereof, be subject
to the penalty set forth in the law or elsewhere in this Chapter 15 for a violation of
such nature, and, in case of a violation for which no specific penalty is set forth in
the law or elsewhere in this chapter, to a fine of not more than $25 together with
costs of prosecution.
§ 15-105. Experimental Regulations. [Ord. 174, 6/11/1985]
‘The Borough Council may, from time to time by resolution, designate places upon
and along the highways in the Borough where for a period of not more than 90 days,
specific traffic and/or parking regulations, prohibitions and restrictions shall be in
force and effect, and shall designate such locations by proper signs and markings.
Such regulations, prohibitions and restrictions shall be effective as is they had been
specified in this chapter. No person shall operate or park a vehicle or tractor in
violation of any such regulation, prohibition or restriction, and no person shall
move, remove, destroy or deface any sign or marking erected, posted or made by
authority of this section. Any person who shall violate any provision of this section
shall, upon conviction thereof, be subject to the penalty set forth in the law or
elsewhere in this chapter for a violation of such nature, and in case of a violation for
which no specific penalty is set forth in the law or elsewhere in this chapter, to a
fine of not more than $26 together with costs of prosecution; provided, the purpose
of this section is to allow for the test and experimental determination of the
feasibility and desirability of permanent changes in the ordinances of the Borough
( relative to traffic and parking.
§ 15-106. Traffic on Streets Closed or Restricted for Construction,
Maintenance or Special Events. [Ord. 174, 6/11/1985]
1. Borough Council shall have authority to close any street or specific part of a
street to vehicular traffic and to place barriers or station police officers at
each end of the closed portion, while construction or maintenance work is
under way or a special event is being conducted on the closed portion. It
shall be unlawful for any person to drive a vehicle upon any such closed
portion.
2. Borough Council shall have authority to establish a restricted traffic area
upon any street where construction or maintenance work is under way and
to station flagmen at each end of the restricted portion. It shall be unlawful
for any person to drive a vehicle upon any such restricted traffic area at any
time when the flagman is displaying a sign directing that vehicle to stop, or
is signaling that vehicle, by a flag or other device, not to proceed.
3. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
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§ 15-107 SHINGLEHOUSE CODE § 15-107
§ 15-107. Use of Streets by Processions and Assemblages. [Ord. 174, 6/11/
1985] (
1. For the purpose of this section, the words “assemblage” and "procession"
shall have the following meanings:
ASSEMBLAGE — A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street;
PROCESSION — A group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement of
traffic. A procession shall not include a funeral caravan or military convoy.
2. Tt shall be unlawful for any person to hold or participate in any assemblage
unless the person organizing or conducting the assemblage first obtains a
permit from the Mayor, which shall be issued without fee. Application for the
permit shall be made at least. one week in advance of the day on which the
assemblage is proposed to be held, but in any case where a state-designated
highway is proposed to be used, application shall be made at least three
weeks in advance of the proposed date. The permit shall state the place
where and the date when the assemblage is to be held, the hour when the
assemblage may convene and the hour by which it shall have been
completely dispersed. It shall be unlawful for any person to hold or to
participate in any assemblage unless the permit has been granted, or at any
time or place other than that authorized by the permit. (
3. It shall be unlawful for any person to hold or participate in any procession
unless the person organizing or conducting the procession first obtains a
permit from the Mayor, which shall be issued without fee. Application for the
permit shall be made at least two weeks in advance of the day when the
procession is proposed to be held, but in any case where a state-designated
highway is proposed to be used, application shall be made at least three
weeks in advance of the proposed date. The permit shall specify the date on
which the procession is to be held, the route to be followed by the procession,
‘the hour when and place where participants may commence to assemble and
form before the procession is under way, the time when the procession may
commence to move along its route, and the time by which the end of the
procession shall have reached the end of the route of the procession and the
procession shall have been disbanded. It shall be unlawful for any person to
hold or to participate in any procession unless the permit shall have been
granted, or under any conditions as to time or route or otherwise than those
stated in the permit.
4, Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
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§ 15-108 MOTOR VEHICLES AND TRAFFIC § 15-109
§ 15-108, Authority of Police Officers. [Ord. 174, 6/11/1985]
‘The police officers of the Borough of Shinglehouse are hereby given authority to
direct traffic on the highways of the Borough and at intersections thereof.
§ 15-109. Authorization for Use of Speed Timing Devices. [Ord. 174, 6/11/
1985]
‘The Borough Police Department is hereby authorized to use all mechanical or
electrical speed timing devices for the determination of speed of a motor vehicle as
are approved or will be approved by the Department of Transportation of the
Commonwealth of Pennsylvania, including but not limited to E.S.P. and Vascar
systems,
This section authorizes the use of said devices upon all highways within the
Borough, be they Borough, county or state highways, and does also hereby elect to
exercise all powers granted to "local authorities" under the Vehicle Code of the
Commonwealth of Pennsylvania, 75 PS. § 1101 ot seq. (1977) as hereafter
amended, supplemented, modified or reenacted by the General Assembly of
Pennsylvania.
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§ 15-201 MOTOR VEHICLES AND TRAFFIC § 15-203
PART 2
TRAFFIC REGULATIONS
§ 15-201. Maximum Speed Limits Established on Certain Streets. (Ord. 174,
6/11/1985]
1. Maximum speed limits are established on portions of specified streets, as
follows, and it shall be unlawful for any person to drive a vehicle, on any
part of a street where a maximum speed limit applies, at a higher speed
than the maximum prescribed for that part of the street:
Street Between Maximum Speed Limit
Reserved)
2, Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $35. Any person exceeding the maximum speed
limit by more than five miles per hour shall pay an additional fine of $2 per
mile for each mile in excess of five miles per hour over the maximum speed
limit.
§ 15-202. Maximum Speed Limits Established on Certain Bridges and
Elevated Structures. [Ord. 174, 6/11/1985]
1. Maximum speed limits are established, as follows, on certain bridges and
elevated structures, and it shall be unlawful for any person to drive a vehicle
on any such bridge or elevated structure, at a higher speed than the
maximum prescribed for that bridge or elevated structure:
Bridge or Elevated
Structure Location Maximum Speed Limit
(Reserved)
2. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $35. Any person exceeding the maximum speed
limit by more than five miles per hour shall pay an additional fine of $2 per
mile for each mile in excess of five miles per hour over the maximum speed
limit.
§ 15-208, Maximum Speed Limits Established for Certain Vehicles on
Hazardous Grades. [Ord. 174, 6/11/1985]
1. The following are declared to be hazardous grades, and, upon any such
hazardous grade, no person shall drive a vehicle, having a gross weight in
excess of that referred to for that grade, in the direction stated for that
grade, at a speed in excess of that established in this section for that grade,
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§ 15-203 SHINGLEHOUSE CODE § 15-206
and, if so stated for a particular grade, the driver of every such vehicle shall
stop the vehicle before proceeding downhill: (
7 Required to
- iat - 2 Maximum Maximum Stop Before
7 ¥ Direction Gross Speed Proceeding
Street _ Between of Travel . Weight Limit Downhill
Reserved) _4
2. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $35. Any person exceeding the maximum speed
limit by more than five miles per hour shall pay an additional fine of $2 for
each mile in excess of five miles per hour over the maximum speed limit.
§ 15-204, Maximum Speed Limits Established in Parks. (Ord. 174, 6/11/1985]
1. A speed limit of 35 miles per hour is established on all streets and roadways
in the public parks maintained and operated by the Borough, except in the
following locations, where the lower maximums, as specified, shall apply:
Maximum Speed
Park Street Location Limit
(Reserved) i
2. Any person who violates any provision of this section shall, upon conviction, (
be sentenced to pay a fine of $35. Any person exceeding the maximum speed
limit by more than five miles per hour shall pay an additional fine of $2 per
mile for each mile in excess of five miles per hour over the maximum speed
limit.
§ 15-205. Traffic Signals at Certain Locations. [Ord. 174, 6/11/1985]
1. At the following locations, traffic signals as indicated below shall be erected
(or are ratified if previously erected), and traffic at those locations shall be
directed by those signals:
Location ‘Type of Signal
Honeoye Street and Oswayo Street Flashing Red
2. Any driver of a vehicle who disobeys the directions of any traffic signal shall,
upon conviction, be sentenced to pay a fine of $25 and costs.
§ 15-206. Intersections Where Turn Prohibited on Red Signal. [Ord. 174, 6/
11/1985]
1. The following are established as intersections where drivers of vehicles
headed in the direction or directions indicated are prohibited from making a (
122018 15:10
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§ 15-206 MOTOR VEHICLES AND TRAFFIC § 15-209
right turn (or a left turn from a one-way street into another one-way street)
on a steady red signal:
Intersection Vehicles Traveling on Facing
| (Reserved) i
2. Any driver of a vehicle who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
§ 15-207. One-Way Streets Established. [Ord. 174, 6/11/1985; as amended by
Ord. 222, 12/9/1997]
1 The following are established as one-way streets, and it shall be unlawful for
any person to drive a vehicle on any one-way street other than in the
direction established for traffic on that street:
Direction of
Street From To Travel
Manley Street (In accordance with official signs erected according to
; the Department of Transportations's engineering study.) |
2. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-208. Rotary Traffic Islands Established. [Ord. 174, 6/11/1985]
1 The following are designated as rotary traffic islands, and every vehicle
passing around a rotary traffic island shall be driven only to the right of the
island:
(Reserved)
2. Any person who drives a vehicle otherwise than to the right of any rotary
traffic island shall be guilty of a violation of this section, and, upon
conviction, shall be sentenced to pay a fine of $25 and costs.
§ 15-209. Turning at Certain Intersections Prohibited or Restricted. [Ord.
174, 6/11/1985]
1 It shall be unlawful for the driver of any vehicle, of the type indicated,
traveling upon the first-named street at any of the following intersections, in
the direction or directions indicated in each case, to make a left turn and/or a
right turn into the second-named street, as indicated, at any time when such
a turn is prohibited by this section:
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§ 15-209 SHINGLEHOUSE CODE § 15-212
z = : : ‘Type of
‘Vehicles Vehicle
Traveling Direction Not to Applicable
on ofTravel Make Into. When to
i Reserved)
§ 15-210. Right Turns Only Permitted at Certain Intersections. [Ord. 174, 6/
11/1985]
1. It shall be unlawful for the driver of any vehicle, traveling upon the first-
named street at any of the following intersections, in the direction or
directions indicated in each case, to make other than a right turn, at any
time stated, both left turns and straight-across traffic being prohibited:
Not to make left
‘Vehicles Direction of turn into or travel
Travelingon - ‘Travel Times straight across
i Qeserved) H
2. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-211. U-Turns Prohibited at Certain Locations. [Ord. 174, 6/11/1985] (
1. It shall be unlawful for the driver of any vehicle, traveling upon any of the
following portions of streets, in the direction or directions indicated for that
street, to make a U-turn:
Street Portion Direction of Travel
; (Reserved) i
2, Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-212, No Passing Zones Established. [Ord. 174, 6/11/1985]
1. The following are established as no passing zones, and it shall be unlawful
for the driver of any vehicle to overtake or pass another vehicle or to drive on
the left side of the roadway in any no passing zone:
Street Direction of Travel Between :
(Reserved)
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§ 15-212 MOTOR VEHICLES AND TRAFFIC § 15-214
2 Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-213. Through Highways Established. [Ord. 174, 6/11/1985]
1 The following highways are established as through highways, thus
authorizing stop or yield signs to be erected facing traffic approaching every
intersection with the through highway except for those intersections with
traffic signals, or with exceptions or modifications as indicated below. Every
driver of a vehicle approaching a stop or yield sign authorized by this section
shall stop the vehicle or yield right-of-way as required by Section 3323(b) or
3323(c) of the Vehicle Code, as the case may be, and shall not proceed into or
across the through highway until he has followed all applicable requirements
of that section of the law:
Highway Between {
(Reserved) |
2 Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-214. Stop Intersections Established. (Ord. 174, 6/11/1985]
1 ‘The following intersections (in addition to intersections with the through
highways established by § 15-213) are established as stop intersections, and
official stop signs shall be erected (or are ratified if previously erected) in
such a position as to face traffic approaching the second-named street (the
intersecting of through street) on the first-named street (the stop street) in
the direction or directions indicated for that intersection. Every driver of a
vehicle approaching the intersection on the first named or stop street, in the
direction indicated in each case, shall stop the vehicle as required by Section
8323(b) of the Vehicle Code, and shall not proceed into or across the second-
named or intersecting or through street until he has followed all applicable
requirements of that section of the law.
Intersecting or Through
Stop Street Street Direction of Travel
Academy Street. Stevens Street (except right East
turn)
Stevens Street West
Bailey Avenue Honeoye Street North
Church Street Lincoln Street East and west
Oswayo Street West
Union Street East
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§ 15-214 SHINGLEHOUSE CODE § 15-214
ares Intersecting or Through 1
Stop Street Street Direction of Travel (
‘Englar Street Academy Street South
: Honeoye Street i North |
‘First Street Oswayo Street West |
' Puritan Street East |
i Union Street | Rastandwest |
‘High Street Ceres Street : North
‘Lincoln Street Academy Street North and south |
i “FirstStect = Northandsouth
Honeoye Street i North {
‘Low Street Ceres Street South
- "Horse Run Road North
‘Lyon Street ‘Academy Street "South
i Honeoye Street North i
‘Manley Avenue Academy Street South
Honeoye Street North (
Martin Avenue Hill Street North t
: "Honeoye Street South “
Mill Street ‘Academy Street North and south |
i Honeoye Street North
| Stevens Street, East j
Oswayo Street | Academy Street North —
i Sunnyside Road (except East i
} right turn) H
~ Sunnyside Road “West
“Palmer Street Academy Street South
Honeoye Street North
Park Avenue Horse Run Road ” West i
‘Pearl Street Lincoln Street West
Pleasant Street ~ “East ~
7 “| Union Street “East and west
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§ 15-214 MOTOR VEHICLES AND TRAFFIC § 15-215
Intersecting or Through
Stop Street Street Direction of Travel
Pleasant Street Academy Street North and south
First Street North and south
i Honeoye Street North
i : Second Street South
‘Puritan Avenue Academy Street North and south
i Honeoye Street North i
Russell Avenue Honeoye Street North 3
Sherwood Street Honeoye Street South
Stevens Street Academy Street, South
Honeoye Street North and south
Union Street Academy Street North and south
Honeoye Street North
Second Street South
Water Street Ceres Street Southeast
‘Wolcott Avenue Honeoye Street South
2, Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
§ 15-215. Yield Intersections Established. [Ord. 174, 6/11/1985]
1. The following intersections (in addition to intersections with the through
highways established by § 15-218) are established as yield intersections, and
official yield signs shall be erected (or are ratified if previously erected) in
such a position as to face traffic approaching the second-named street (the
through street) on the first-named street (the yield street) in the direction or
directions indicated for that intersection, Every driver of a vehicle
approaching the intersection on the first-named or yield street, in the
direction indicated in each case, shall slow down or stop the vehicle as
required by Section 8323(¢) of the Vehicle Code, and then yield the right-of-
way as required by that subsection of the Vehicle Code.
Yield Street Through Street Direction of Travel
(Reserved)
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§ 15-215 SHINGLEHOUSE CODE § 15-217
2. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $26 and costs. (
§ 15-216. Play Highways Established and Authorized. [Ord. 174, 6/11/1985]
1 The following areas upon the streets in the Borough are established as play
highways:
Street Between Days Hours
(Reserved) f
2. ‘The Mayor is authorized to designate as play highways, whenever he deems
that action advisable, and for whatever period of time directed by him, any
part of any street in the Borough, where sledding and coasting, shall be
permitted. That play highway shall be set apart for the purpose under the
direction of the Mayor.
3. No person shall drive any motor vehicle upon any play highway at any time
when that street shall be designated as a play highway, except in case of
emergency, with special permission of the Mayor or of the police officer in
charge, who shall first clear that play highway of all persons using it for the
purpose for which it was set aside. Any person who violates any provision of
this subsection shall, upon conviction, be sentenced to pay a fine of $25 and
costs. (
§ 15-217. Restrictions on Use of Pushcarts. [Ord. 174, 6/11/1985]
1. The word "pushcart," as used in this section, shall mean a vehicle, other than
a pedalcycle, propelled solely by human power, and used or intended for use
for the display, transport, exhibit or sale of goods, wares or merchandise.
2 It shall be unlawful for any person to propel a pushcart upon any sidewalk in
any business district except as necessary to move the pushcart to a location
from which it is to be loaded or unloaded or from which goods, wares or
merchandise are to be sold or dispensed under permit from Council as
provided in Subsection 8 of this section.
3. It shall be unlawful for any person to park a pushcart upon any sidewalk
except for the purpose of selling or dispensing from that pushcart goods,
wares or merchandise to passersby under permit from Council. Every such
permit shall be issued to the person making application for the permit, upon
payment of a fee, which shall be for the use of the Borough, of $100 for any
calendar year, $50 for any six-month period, or $25 for any three-month
period. The permit shall be granted to the applicant, upon payment of the
fee, and upon his signing an agreement with Council that he shall be bound
by the conditions imposed by Council and made a part of the permit, dealing
with the following matters:
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§ 15-217 MOTOR VEHICLES AND TRAFFIC § 15-218
A. _ Restricting or limiting the parking of the pushcart to one or more
stated locations upon the sidewalk and to stated days and hours at
each location;
B. Stating requirements to be adhered to in connection with the disposal
of garbage and refuse resulting from the operations carried on;
Cc. Requiring that there be no violation of any law, ordinance or
regulation pertaining to health, sanitation and the handling of food or
drink.
4, Any person who violates any provision of this section, or any condition of any
permit granted under this section, shall be guilty of a summary offense, and,
upon conviction, shall be sentenced to pay a fine of $25 and costs.
§ 15-218. Skates, Coasters, Sleds and Other Toy Vehicles. [Ord. 174, 6/11/
1985]
1 It shall be unlawful for any person to ride on a sled upon any sidewalk in the
Borough, or upon any roadway unless that roadway is on a portion of a street
blocked off for sledding by authority of § 15-105 of Part 1 or § 15-216 of Part
2 of this chapter. Provided: nothing in this subsection shall prevent a
pedestrian from pulling a sled, with or without a rider, upon a sidewalk.
2. It shall be unlawful for any person to engage in rollerskating or to ride upon
or propel any coaster or other toy vehicle upon:
A. Any street except in order to cross the roadway; or
B. Any sidewalk located in a business district, except that nothing in this
paragraph shall prevent a pedestrian from pulling a coaster or other
toy vehicle, with or without a rider, upon a sidewalk.
3. Any person who violates any provision of this section shall, upon conviction,
be sentenced to pay a fine of $5 and costs.
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§ 15-301 MOTOR VEHICLES AND TRAFFIC § 15-305
PART 3
SNOWMOBILES
§ 15-801. Definition. [Ord. 174, 6/11/1985]
SNOWMOBILE — An engine-driven vehicle of a type which utilizes sled
type runners, or skis, or an endless belt tread or any combination of these or
other similar means of contact with the surface upon which it is operated.
The term does not include any farm tractor, highway or other construction
equipment, or any military or law enforcement vehicle.
§ 15-302. Snowmobile Roads Designated. [Ord. 174, 6/11/1985]
1. ‘The following roads and streets within the Borough are designated as special
snowmobile roads:
Used by Snow-
mobiles Only
When Closed to Shared With
Vehicular Vehicular
Street/Road Between | Traffic? Traffic?
‘Carr Hollow Road No Yes
Park Avenue No Yes
§ 15-303. Roads Closed to Snowmobile Usage. [Ord. 174, 6/11/1985]
The State maintained roads of Academy Street, Honeoye Street, Oswayo Street,
Stevens Street, Ceres Street and Horse Run Road are closed to snowmobile usage.
§ 15-304, All Other Roads Designated as Snowmobile Roads. [Ord. 174, 6/11/
1985]
The remaining streets within the Borough (i.e. those streets not expressly
designated in §§ 15-302 and 15-303 above) are hereby designated as snowmobile
roads to be shared with vehicular traffic. The snowmobile roads described in this
paragraph are to be used only to allow access to the snowmobile roads/designated in
§ 15-802 of this Part 3 and for access to other snowmobile trails located outside of
the Borough and not for joy-riding or general recreational purposes.
§ 15-305. Operation of Snowmobile; Speed Limit. [Ord. 174, 6/11/1985]
No snowmobile shall be operated at a speed of more than 10 miles per hour or in a
reckless manner.
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§ 15-306 SHINGLEHOUSE CODE § 15-311
§ 15-306. Operation of Snowmobiles on Certain Streets Constitutes
Disorderly Conduct. [Ord. 174, 6/11/1985) (
Under authority of Section 1202(20) of the Borough Code, it is hereby defined that a
person commits the crime of disorderly conduct if within the limits of the Borough
of Shinglehouse one drives a snowmobile on those roads described in § 304 not
solely for access but rather for general recreational purposes or for joy-riding
purposes.
§ 15-307, Unreasonable Noise Constitutes Disorderly Conduct. [Ord. 174, 6/
11/1985]
Under authority of Section 1202(20) of the Borough Code it is hereby defined that a
person commits the crime of disorderly conduct if within the limits of the Borough
of Shinglehouse any person with a snowmobile with intent to cause public
inconvenience, annoyance or alarm or recklessly creating a risk thereof makes
unreasonable noise with a snowmobile.
§ 15-308. Permitted Hours of Operation. [Ord. 174, 6/11/1985]
No snowmobile shall be operated after the hour of 11:00 p.m. on Sunday through
‘Thursday, and after the hour of 1:30 a.m. on Saturday and Sunday mornings. No
snowmobile shall be operated prior to the hour of 7:00 a.m. on any morning.
§ 15-309. Operation by Persons Under Age 16. [Ord. 174, 6/11/1985]
Any person 10 years of age or who has not reached their 16th birthday shall possess (
a snowmobile safety certificate before operating a snowmobile except on their
parent's property.
No person under the age of 16 years shall drive a snowmobile across any highway or
connecting street thereto (75 Pa.C.S.A. § 7725).
§ 15-310. Registration of Snowmobiles. [Ord. 174, 6/11/1985]
Except on property owned by the snowmobile operator, no snowmobile shall be
operated that has not been registered. All snowmobiles shall display current
registration stickers on both sides of the snowmobiles cowling.
§ 15-811. Penalties. [Ord. 174, 6/11/1985]
1. Any person violating §§ 15-302, 15-303, 15-305 and 15-308 shall be guilty of
a summary offense and shall upon a plea of guilty or conviction of the first
offense be sentenced to pay a fine of not less than $10 or more than $50
together with costs of prosecution or be imprisoned for a period not in excess
of 10 days or both.
2. Any person who upon a plea of guilty or a conviction of any subsequent
violation of §§ 15-302, 15-303, 15-305 and 15-308 shall be sentenced to pay a
fine of not less than $25 nor more than $100 together with costs of
prosecution or imprisoned for not more than 30 days or both.
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§ 15-311 MOTOR VEHICLES AND TRAFFIC § 16-312
3. Any person violating § 306 or § 307 shall be guilty of a summary offense and
shall upon a plea of guilty or conviction thereof be sentenced to pay a fine of
not less than $25 nor more than $300 together with costs of prosecution or be
imprisoned for a term not to exceed 60 days or both.
4, Any person violating § 309 or § 310 shall be in violation of the
Commonwealth of Pennsylvania Motor Vehicle Code and shall be cited in
accordance with Chapter 77 of said Vehicle Code.
§ 15-812. Borough Not to Be Held Liable. [Ord. 174, 6/11/1985]
The designation of certain streets as snowmobile roads by the Borough of
Shinglehouse does not hold the Borough of Shinglehouse liable for any property
damage or personal injuries that might result from the traveling of snowmobiles on
said street.
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§ 15-401 MOTOR VEHICLES AND TRAFFIC § 15-403
PART 4
RESTRICTIONS ON SIZE, WEIGHT AND TYPE OF VEHICLE AND LOAD
§ 15-401. Vehicle Weight Limits Established on Certain Streets and Bridges.
[Ord. 174, 6/11/1985]
1. On the following bridges and streets or parts of streets, by authority granted
by Section 4902(a) of the Vehicle Code, it shall be unlawful for any person or
persons to drive any vehicle or combination having a gross weight in excess
of the maximum prescribed below for that bridge or street or part of street,
as the case may be:
Street or Bridge Between Maximum Gross Weight
| (Reserved)
2, Any person who violates any provision of this section shall be prosecuted
under Sections 4902(a) and 4902(g-1) of the Vehicle Code, and, upon
conviction, shall be sentenced to pay a fine of $160 plus $150 for each 500
pounds, or part thereof, in excess of 3,000 pounds over the maximum
allowable weight, and costs.
§ 15-402. Restrictions on Size of Vehicles on Certain Streets and Bridges.
[Ord. 174, 6/11/1985]
1. On the following bridges and streets or parts of streets, by authority granted
by Section 4902(a) of the Vehicle Code, it shall be unlawful for any person to
drive any vehicle or combination in violation of the size restrictions
prescribed below for that bridge or street or part of street:
Street or Bridge Between Restriction
{ (Reserved)
2. Any person who violates any provision of this section shall be prosecuted
under Section 4902(a) and Section 4902(g-1) of the Vehicle Code, and, upon
conviction, shall be sentenced to pay a fine of $75 and costs.
§ 15-403. Restrictions as to Weight and Size of Vehicles on Certain Streets
and Bridges. [Ord. 174, 6/11/1985]
1. By reason of hazardous traffic conditions and other safety factors, by
authority granted by Section 4902(b) of the Vehicle Code, it shall be unlawful
for any person to drive any vehicle or combination in violation of the
restriction prescribed below for that bridge or street or part of street.
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§ 15-403 SHINGLEHOUSE CODE § 15-404
‘Street or Bridge Between Restriction H
(Reserved)
2. Any person who violates any provision of this section shall be prosecuted
under Section 4902) and 4902(g-1) of the Vehicle Code, and, upon
conviction, shall be sentenced to pay a fine of not less than $25 and not more
than $100 and costs.
§ 15-404, Truck Traffic Restricted on Certain Streets. [Ord. 174, 6/11/1985]
1. It shall be unlawful for any person to drive a vehicle other than a passenger
car on any of the following streets or parts of streets:
Street Between
| (Reserved)
Provided: nothing in this section shall prohibit any person from driving an
emergency vehicle on any of those streets or parts of streets, or from driving
on any of those streets or parts of streets a truck or other commercial
vehicle making local deliveries to or pickups from premises located along
that street or part of a street.
2. Any person who violates any provision of this section shall, upon conviction, (
be sentenced to pay a fine of $25 and costs.
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§ 15-501 MOTOR VEHICLES AND TRAFFIC § 15-503
PART 5
GENERAL PARKING REGULATIONS
§ 15-501. Vehicles to Be Parked Within Marked Spaces. [Ord. 174, 6/11/1985;
as amended by Ord. 216, 9/10/1996, § 501]
Wherever a space is marked off on any street for the parking of an individual
vehicle, every vehicle parked there shall be parked wholly within the lines bounding
that space, and it shall be a violation of this Part for any person to park a vehicle or
allow it to remain parked otherwise.
§ 15-502. Angle Parking Required on Portions of Certain Streets. [Ord. 174,
6/11/1985; as amended by Ord. 216, 9/10/1996, § 502]
Only angle parking shall be permitted on the following portions of streets:
Street Side Between
(Reserved)
On all streets where angle parking is required, every vehicle parked at the angle
shall be parked with its front nearest the curb.
> § 15-503. Parking Prohibited at All Times in Certain Locations. [Ord. 174, 6/
11/1985; as amended by Ord. 216, 9/10/1996, § 508; and by Ord. No. 278, 2/9/
2016]
Parking shall be prohibited at all times in the following locations:
Street Side Between i
Academy Street Both Oswayo Street and a point 140 feet north
North The west side of the post office driveway —
and a point 100 feet east thereof
Honeoye Street South Oswayo Street and a point 125 feet east
‘Manley Street West Honeoye Street and Academy Street
North Oswayo Street East 264 feet south of the intersection of West
Honeoye Street and North Oswayo Street
Oswayo Street ‘North ‘The intersection of Academy Street and |
| Oswayo Street and a point 68 feet east
thereof
South Academy Street and First Street
South The eastern most driveway into the
elementary school and the western most
driveway
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§ 15-503 SHINGLEHOUSE CODE § 15-508.1
Street “Side Between _ as |
| East ‘Twenty feet south of the south endof (
Uni-Mart parking lot i
|Puritan Street H West Academy Street and First Street
§ 15-503.1. Parking Prohibited. [Ord. 174, 6/11/1985; as amended by Ord. 216,
9/10/1996, § 503.1)
1, It shall be unlawful for any person to park a vehicle in any area where the
Borough Council, Public Works Department or the Police Department has
designated as NO PARKING. These no parking zones shall be indicated by
the placing of no parking signs or the placing of temporary signs.
2. It shall be unlawful to park any vehicle more then 12 inches from the curb
on any street or alley.
8. It shall be unlawful to park or leave standing any vehicle upon a public
street or alley on the roadway side of any other vehicle stopped or parked at
the curb edge of any street or alley (double parking).
4, It shall be unlawful to park or leave standing any vehicle within an
intersection.
5. It shall be unlawful to park or leave standing any vehicle on a crosswalk.
6. It shall be unlawful to park or leave standing any vehicle upon any bridge or
other elevated structure upon a highway.
7. It shall be unlawful to park or leave standing any vehicle in front of a public
or private driveway.
8 It shall be unlawful to park or leave standing any vehicle within 16 feet of a
fire hydrant.
9. It shall be unlawful to park or leave standing any vehicle within 30 feet upon
the approach of any flashing signal, stop sign, yield sign or traffic control
signal.
10. It shall be unlawful to park or leave standing any vehicle within 20 feet of a
crosswalk at an intersection.
11. It shall be unlawful to park or leave standing any vehicle facing the opposite
direction of traffic.
12, It shall be unlawful to park or leave standing any vehicle with the motor
running or leaving ignition keys in the ignition lock while said vehicle is not
occupied.
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§ 15-508.1 MOTOR VEHICLES AND TRAFFIC § 15-506
18. It shall be unlawful to park or leave standing any vehicle so as to block or
obstruct the flow of traffic.
14. It shall be unlawful to park or leave standing any vehicle on a sidewalk.
§ 15-504, Parking Prohibited in Certain Locations Certain Days and Hours.
[Ord. 174, 6/11/1985; as amended by Ord. 216, 9/10/1996, § 504; and by Ord.
No. 275, 6/9/2015]
Parking shall be prohibited in the following locations at all times on the days and
between the hours indicated in this section, as follows:
Street Days Hours
All Streets Nov.1-Mayl —/12:00p._m.-6:00am.
Oswayo Street Monday-Friday | 2:00 p.m. - 4:00 p.m.
(West side - 600 feet from |
stop sign at junction of i
Sunnyside Road, SR 4017, H
to the telephone pole that is ;
1,082 feet from the same |
junction.) i
Veterans Memorial Parking Nov. 1 - May 1 12:00 a.m, - 6:00 a.m.
Lot i
§ 15-505. Parking of Trucks, Buses and Certain Other Vehicles Prohibited
in Certain Locations. [Ord. 174, 6/11/1985; as amended by Ord. 216, 9/10/
1996, § 505]
It shall be unlawful for any person to park, or to allow to remain parked, on any of
the following streets or parts of streets, any vehicle other than a passenger car
(which shall not include any bus, motor home or passenger car attached to a trailer
of any kind):
Street Between
(Reserved)
§ 15-506, Parking Time Limited in Certain Locations Certain Days and
Hours. Ord. 174, 6/11/1985; as amended by Ord. 216, 9/10/1996, § 506]
No person shall park a vehicle, or allow it to remain parked, for longer than the
time indicated, in any of the following locations, at any time on the days and
between the hours indicated:
Parking Time
Street Side Between Days Hours Limit
(Reserved)
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§ 15-507 SHINGLEHOUSE CODE § 15-509
§ 15-507. Special Purpose Parking Zones Established; Parking Otherwise
Prohibited. [Ord. 174, 6/11/1985; as amended by Ord. 216, 9/10/1996, § 507] (
The following are established as special purpose parking zones, and it shall be
unlawful for any person to park a vehicle or to allow it to remain parked, in any
such zone, except as specifically provided for that zone:
f Authorized Purpose |
Street Side Location or Vehicle
(Reserved)
§ 15-508. Standing or Parking on Roadway for Loading or Unloading. [Ord.
174, 6/11/1985; as amended by Ord. 216, 9/10/1996, § 508]
It shall be unlawful for any person to stop, stand or park a vehicle (other than a
pedaleycle) on the roadway side of any vehicle stopped or parked at the edge or curb
of any street, except that standing or parking for the purpose of loading or
unloading persons or property shall be permitted Monday through Saturday,
between the hours of 9:00 a.m. and 11:30 a.m, and between the hours of 1:30 p.m.
and 4:00 p.m., and for no longer than necessary for the loading or unloading.
Street Side Between
1, (Reserved)
§ 15-509. Penalties. [Ord. 174, 6/11/1985; as amended by Ord. 216, 9/10/1996, (
§ 509]
Any person who violates any provision of this Part shall, upon conviction, be
sentenced to pay a fine of not more than $15 and costs. Provided; it shall be the
duty of the police officers and of parking enforcement personnel of the Borough to
report to the Mayor all violations of any provision of this Part, indicating, in each
case: the section violated; the license number of the vehicle involved in the violation;
the location where the violation took place and any other facts that might be
necessary in order to secure a clear understanding of the circumstances attending
the violation. The police officer or other person making the report shall also attach
to or place upon every such vehicle a notice stating that the vehicle was parked in
violation of this Part. The notice shall contain instructions to the owner or driver of
the vehicle that if he will report to the office of the Chief of Police and pay the sum
of $5 within 48 hours after the time of the notice, or if he will place the sum of $5,
enclosed within the envelope provided, in any of the special parking fine boxes
installed at various locations within the Borough, that act will save the violator
from prosecution and from payment of the fine and costs prescribed in the first
sentence of this section.
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§ 15-601 MOTOR VEHICLES AND TRAFFIC § 15-603
PART 6
REMOVAL AND IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES
§ 15-601. Applicability and Scope. [Ord. 174, 6/11/1985]
This Part is enacted under authority of Section 6109(a-22) of the Vehicle Code,» and
gives authority to the Borough of Shinglehouse to remove and impound those
vehicles which have been abandoned or are not legally entitled to operate or park on
the streets and highways of the Commonwealth under authority of the Vehicle
Code.
§ 15-602. "Abandoned Vehicle” Defined. [Ord. 174, 6/11/1985]
1. Avvehicle (other than a pedaleycle) shall be presumed to be abandoned under
any of the following circumstances, but the presumption is rebuttable by a
preponderance of the evidence:
A. The vehicle is physically inoperable and is left unattended on a
highway or other public property for more than 48 hours;
B. The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours;
C. The vehicle is left unattended on or along a highway or other public
property for more than 48 hours and does not bear all of the following:
() A valid registration plate.
(2) Acertificate of inspection.
(8) Anascertainable vehicle identification number.
D. The vehicle has remained on private property without the consent of
the owner or person in control of the property for more than 48 hours.
2. Vehicles and equipment used or to be used in construction or in the
operation or maintenance of highways or public utility facilities, which are
left in a manner which does not interfere with the normal movement of
traffic, shall not be considered to be abandoned.
§ 15-603. Removal of Vehicle by or at Direction of Police. [Ord. 174, 6/11/
1985]
1. Outside Business and Residence Districts - Whenever any police officer finds
a vehicle in violation of any of the provisions of Section 3351 of the Vehicle
Code (relating to stopping, standing and parking outside business and
1. 75 Pa.C.S.A. § 101 et seq. as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
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§ 15-603 SHINGLEHOUSE CODE § 15-603
residence districts), the officer may move the vehicle, or cause the vehicle to
be moved, or require the driver or other person in charge of the vehicle to
move the vehicle, to a position off the roadway where the vehicle will not
interfere unduly with the normal movement of traffic or constitute a safety
hazard.
2. Unattended Vehicle Obstructing Traffic - Any police officer may remove or
cause to be removed to a place of safety any unattended vehicle illegally left
standing upon any highway, bridge, causeway or in any tunnel, ir such
position or under such circumstances as to interfere unduly with the normal
movement of traffic or constitute a safety hazard.
3, Removal to Garage or Place of Safety - Any police officer may remove or
cause to be removed to the place of business of the operator of a wrecker or
to a nearby garage or other place of safety any vehicle found upon a highway
under any of the following circumstances:
A. Report has been made that the vehicle has been stolen or taken
without the consent of its owner.
B. The person or persons in charge of the vehicle are physically unable to
provide for the custody or removal of the vehicle.
©. ‘The person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the
person arrested before an issuing authority without unnecessary (
delay.
D. The vehicle is in violation of Section 3353 of the Vehicle Code (relating
to prohibitions in specified places) except for overtime parking.
E. The vehicle has been abandoned as defined herein. The officer shall
comply with the provisions of Subsection 4 and Chapter 75 (velating to
abandoned vehicles and cargos) of the Vehicle Code.
4, Notice to Owner Prior to Removal -
A. _ Prior to removal of an abandoned vehicle bearing a registration plate,
certificate of inspection or vehicle identification number plate by
which the last registered owner of the vehicle can be determined, the
police department shall send a notice by certified mail to the last
registered owner of the vehicle informing the owner that unless the
vehicle is moved to a suitable location within seven days of the date
notice is mailed, the vehicle will be removed under this section and
held at a suitable facility where it may be reclaimed by the owner in
accordance with the provisions of Section 7806 (relating to payment of
costs upon reclaiming vehicle). If the abandoned motor vehicle does
not bear an identifiable registration plate, certificate of inspection or
vehicle identification number plate, the notice may be secured to the
vehicle.
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§ 15-603 MOTOR VEHICLES AND TRAFFIC § 15-605
B. __ If, within the seven-day period, the owner so requests, the owner shall
be given an opportunity to explain to the police officer or department
why the owner believes the vehicle should not be removed. If the
police officer or department determines that the vehicle shall,
nonetheless, be removed, the owner shall be given an additional 48
hours to remove the vehicle, have it removed or demand a hearing,
which shall conform to the requirements of 2 Pa.C.S.A,, Ch. 5, Subch.
B (relating to practice and procedure of local agencies). The police
officer or department shall inform the owner of the right to a hearing
by delivering to the owner a notice warning the owner that, unless the
vehicle is removed or a hearing is demanded, the owner shall be
subject to the provisions of Section 7306. If, as a result of the hearing,
it is determined that the vehicle will be removed, the owner shall be
given an additional 48 hours to remove the vehicle or have it removed.
‘The hearing shall be before a civilian officer or employee of the
municipality in which the vehicle is located.
C. The provision for notice set forth in this subsection is applicable only
if the vehicle is abandoned upon a highway and is not in violation of
Subsection 4B or Section 3851(a) or 8358 (a and b) of the Vehicle
Code. Notice under this subsection is in addition to any other notice
requirements provided in the Vehicle Code.
§ 15-604. Designation of Approved Storage Garages; Bonding; Towing and
/ Storage. [Ord. 174, 6/11/1985]
Any police officer may remove or removal and impounding of vehicles under this
chapter shall be done only by "approved storage garages" that shall be designated
from time to time by Borough Council. Every such garage shall submit evidence to
Borough Council that it is bonded or has acquired liability insurance in an amount
satisfactory to Borough Council as sufficient to indemnify owners of impounded
vehicles against loss or damage to those vehicles while in the custody of the garage
keeper for the purpose of towing or storage. The approved storage garage shall
submit to Borough Council its schedule of charges for towing and storage of vehicles
under this chapter, and, when the schedule is approved by Borough Council, those
charges shall be adhered to by the approved storage garage; no different schedule of
charges shall be demanded of or collected from any person whose vehicle is removed
or impounded under this chapter by any approved storage garage. Borough Council
shall delete from its list of approved storage garages any garage that makes any
unapproved charge in connection with any vehicle removed or impounded under
this chapter.
§ 15-605. Effect of Payment of Towing and Storage Charges. [Ord. 174, 6/11/
1985]
‘The payment of any towing and storage charges authorized by this chapter shall,
unless payment is made “under protest", be final and conclusive, and shall
constitute a waiver of any right to recover the money so paid. If payment of any
towing or storage charges is made "under protest”, the offender shall be entitled to.a
hearing before a district justice. Payment of towing and storage charges shall not
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§ 15-605 SHINGLEHOUSE CODE § 15-609
relieve the owner or driver of any vehicle from liability for any fine or penalty for
the violation of the provision of this chapter for which the vehicle was removed or (
impounded.
§ 15-606. Reclamation Costs. [Ord. 174, 6/11/1985]
In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a
$25 fee of which $10 shall be transferred to the Pennsylvania Department of
‘Transportation by the garage to which the vehicle was taken.
§ 15-607. Records of Vehicles Removed and Impounded. [Ord. 174, 6/11/1985]
The Borough of Shinglehouse shall cause a record to be kept of all vehicles
impounded under this Part and shall be able at all reasonable times to furnish the
owners or the agents of the owners of those vehicles with information as to the place
of storage of the vehicle.
§ 15-608. Restrictions Upon Removal of Vehicles. [Ord. 174, 6/11/1985]
No vehicle shall be removed under the authority of this Part or the Vehicle Code if,
at the time of the intended removal, the owner or the person for the time being in
charge of the vehicle is present and expresses a willingness and intention to remove
the vehicle immediately.
§ 15-609. Penalty. [Ord. 174, 6/11/1985]
Any person who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of $50 together with all costs of disposing of the
vehicle under provisions of the Vehicle Code, 75 P.S. § 7301 et sea. (1977), as
hereafter amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
1112018 15:82
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§ 15-701 MOTOR VEHICLES AND TRAFFIC § 15-703
PART 7
ROAD POSTING
§ 15-701. Title. [Ord. 223, 12/9/1997, § I; as amended by Ord. 230, 9/14/1999]
‘This Part shall be known as the "Shinglehouse Borough Road Posting Ordinance."
§ 15-702. Purpose. [Ord. 223, 12/9/1997, § II; as amended by Ord. 230, 9/14/
1999]
To provide for the health, safety and welfare of the citizens of Shinglehouse
Borough, Potter County, Pennsylvania and all other users of the roads within
Shinglehouse Borough by the imposition of certain restrictions, limitations and
responsibilities upon the users of said roads.
§ 15-708. Weight Limitation. [Ord. 223, 12/9/1997, § III; as amended by Ord.
280, 9/14/1999]
1. No vehicle, motorized equipment or other mechanical device shall be
operated or transported or permitted to be operated or transported upon any
road within Shinglehouse Borough having a gross weight in excess of 10 tons
(or 20,000 pounds) unless the owner, operator or transporter thereof has first
obtained and currently holds a valid road permit as required by this Part.
2. No owner or operator shall operate or transport or permit the operation or
‘transportation of a vehicle, motorized equipment or other mechanical device
upon any road within Shinglehouse Borough without first having obtained a
permit to do so from the Borough Council as required by this Part.
3. The Borough Council of Shinglehouse Borough shall erect or cause to be
erected and maintained restriction signs designating the weight restrictions
of the roads located within Shinglehouse Borough.
4. The weight limitation of 10 tons (or 20,000 pounds) shalll be interpreted such
that the permissible weight of any vehicle, motorized equipment or other
mechanical device or combination thereof shall not exceed the said weight
limit. Further, in calculating the weight of any particular vehicle, motorized
equipment or other mechanical device or combination, the weight of any
cargo which is being hauled by said vehicle, motorized equipment or other
mechanical device shall be included in determining the weight limitation.
5. This Part does not apply to vehicles over 10 tons making local deliveries on
Shinglehouse Borough streets.
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§ 15-704 SHINGLEHOUSE CODE § 16-705
§ 15-704. Road Permit Required. [Ord. 223, 12/9/1997, § IV; as amended by
Ord. 230, 9/14/1999]
1. A road permit shall be required for each and every vehicle, motorized
equipment or other mechanical device and shall be valid only for the
particular vehicle, motorized equipment or other mechanical device for which
the permit is issued and only for the term of operation and use as specified
in said permit and as reflected in the application.
2, A road permit shall be required for each and every vehicle, motorized
equipment or other mechanical device and shall be prominently displayed in
the windshield or operator's side panel or window at all times that the said
vehicle, motorized equipment or other mechanical device is operated or
transported over, across or upon roads within Shinglehouse Borough. A road
permit shall be nontransferable.
3. No permit shall be valid for longer than one year from the date of issuance;
however, a permit may be renewed for a period of time specified by the
Borough Council if deemed appropriate and if the applicant continues to
meet all qualifications which would be required in the case of the issuance of
the original permit. Any continued use of a permit after the expiration of the
one-year period as specified in the application and permit not authorized by
the Borough Council shall be deemed a violation of this Part.
4, An additional time posting shall be required for the movement of any
structure being transported that requires a Pennsylvania Department of (
‘Transportation oversized permit exceeding 10 tons on Borough streets with
the owner of the lot being required to give 48 hours’ notice of the time of
movement and set up.
§ 15-705. Application Procedure/Application Fee. (Ord. 223, 12/9/1997, § V; as
amended by Ord. 230, 9/14/1999]
1. An application for a road permit shall be made to the Borough Council upon
the forms provided by Shinglehouse Borough and shall be completed in its
entirety supplying all information required therein including, but not limited
to the following:
A. The particular Borough road or roads over and upon which said
applicant anticipates operating.
B. Identifying the vehicle, motorized equipment or other mechanical
device for which the application for permit is being submitted by year,
make, model, manufacturer's number and gross weight limitations.
C. Identifying the owner(s) of the vehicle, motorized equipment or other
mechanical device and the operator(s) thereof including the
address(es) of the owner(s) and operator(s).
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§ 15-705 MOTOR VEHICLES AND TRAFFIC § 15-705
2. Except as provided in Subsection 4 below, an application for a road permit
shall be accompanied by a surety bond issued by a commercial surety or a
certified check made payable to the Borough of Shinglehouse. Said bond or
check shall guarantee the repair of the road or roads for which the permit is
issued as a result of any damage inflicted or sustained by the said road or
roads as a result of use by the applicant. Said bond or check shall further
guarantee the restoration of the said roads to their original condition, wholly
at the expense of the applicant and indemnify and hold harmless the
Borough of Shinglehouse from all claims, damages, losses or expenses
whatever kind or nature for or by reason of the operation of said vehicle,
motorized equipment or other mechanical device over, across or upon said
Borough road or roads.
3. The surety bond or certified check shall be in the minimum amount of
$25,000 per mile traveled for all macadamized or asphalt roads within the
Borough and in the minimum amount of $10,000 per mile traveled for all
dirt or gravel roads or highways.
4, The Borough Council may, in its sole discretion and in lieu of the posting of a
bond or certified check by the applicant, accept in-kind services, including
labor and materials, from an applicant; provided, however, that the applicant
demonstrates to the Council that the labor, materials and services provided
by the applicant will repair any damage which may be inflicted upon the
road through the applicant's use, will restore the road to its original
condition and will preserve and maintain the road for the use and benefit of
the citizens of Shinglehouse Borough and all other users of the said Borough
road. This provision shall not obligate the Borough Council to accept in-kind
services from any applicant wishing to provide such services in lieu of the
posting of a bond or certified check. In reaching a determination as to
whether to accept in-kind services in lieu of the posting of a bond, the
Borough Council shall consider, without limitation, such factors as the
applicant's prior history of road use within the Borough, the purpose for
which the applicant seeks to use the Borough road or roads and the
frequency of use of Borough roads by not only the applicant but by others
seeking a permit.
5. In the event that an arrangement is reached between the Borough Council
and an applicant for the provision of in-kind services in lieu of posting of a
bond or certified check and the applicant fails or refuses to provide the
agreed upon in-kind services, the Borough Council shall retain the right to
terminate the arrangement and immediately require the posting of a bond by
the applicant as a condition of further use of the Borough road or roads.
6. Arrangements for the provision of in-kind services shalll be valid only for the
one-year period for which the permit is issued. There shall be no automatic
right of renewal of the arrangement for in-kind services and the Borough
Council reserves the right, in their sole discretion and regardless of
compliance by the applicant, to require the applicant to post a bond or
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§ 15-705. SHINGLEHOUSE CODE § 15-706
certified check for the use of Borough roads upon reapplication for a road
permit.
7. An application for a road permit shall be accompanied by a permit fee of $5
for the first permit and $1 for each additional permit, per vehicle, motorized
equipment or other mechanical device.
§ 15-706. Penalties, [Ord. 223, 12/9/1997, § VI; as amended by Ord. 230, 9/14/
1999]
Any person violating the provisions of this Part shall, upon conviction, be subject to
a fine not exceeding the sum of $300 and/or shall undergo imprisonment for a
period not exceeding 90 days. Each day the said violation continues shall constitute
a separate offense. In addition to the aforementioned penalties, the Borough Council
may take any appropriate action at law or in equity to enforce the provisions of this
Part and this Part shall in no way restrict any remedies otherwise provided by law.
‘The imposition of a fine or penalty for any noncompliance with this Part shall not
excuse the violation or noncompliance or permit it to continue, and all such persons
shall be required to make safe, correct or remedy such violation or noncompliance
within a reasonable time.
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§ 15-801 MOTOR VEHICLES AND TRAFFIC § 15-804
PART 8
Parking, Storage or Use of Major Recreational Equipment
§ 15-801. Definitions. [Ord. No. 282, 8/3/2017]
1, As used in this Part, the following terms shall have the meanings indicated:
RECREATIONAL VEHICLE —A vehicle which is:
A. Built ona single chassis;
B. Not more than 400 square feet measured at the largest horizontal
projections;
C. Designed to be self-propelled or permanently towable by a light-duty
truck; and
D. Not designed for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
§ 15-802, Storage of Major Recreational Equipment on Public Rights-of-
Way. [Ord. No. 282, 8/3/2017]
‘Major recreational equipment, as defined for purposes of these regulations, includes
travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats
and boat trailers, motorcycles, snowmobiles, all-terrain vehicles and the like, and
( cases or boxes used for transporting recreational equipment, whether occupied by
such equipment or not. No major recreational equipment shall be stored on any
public right-of-way.
§ 15-808. Occupancy. [Ord. No. 282, 8/8/2017]
1. No such equipment shall be used for living, sleeping or housekeeping
purposes, except as provided for under the following conditions: Travel
trailers, pickup campers or coaches, motorized dwellings and tent trailers
may be temporarily parked and occupied for sleeping purposes by visitors
and house guests only and in accordance with the following provisions:
A. The temporary parking and occupancy period for travel trailers,
pickup campers or coaches, motorized dwellings and tent trailers shall
not exceed 14 days in a thirty-day period and may not occur again for
a period of 14 consecutive days thereafter.
B. Such vehicles and/or trailers shall have adequate off-street parking.
§ 15-804. Spacing. [Ord. No. 282, 8/3/2017]
Major recreational equipment six feet or more in average height above the ground
shall be governed as to spacing with respect to buildings on the lot as though it
were a building.
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§ 15-805 SHINGLEHOUSE CODE § 15-807
§ 15-805. Lot Coverage. [Ord. No. 282, 8/3/2017]
Major recreational equipment six feet or more in height shall be included on the
same basis as buildings for regulations of lot coverage by all buildings, with area
covered computed on the basis of the largest horizontal area covered by such
equipment.
§ 15-806. Derelict Equipment. [Ord. No. 282, 8/3/2017]
No major recreational equipment shall be stored outside on residential premises
unless it is in condition for safe and effective performance of the function for which
it is intended or can be made so ata cost not exceeding the value of the equipment
in its existing state. In no case shall any such equipment be so stored for a period of
more than six months if not in condition for safe and efficient performance of the
function for which it is intended.
§ 15-807. Penalties for Violations. [Ord. No. 282, 8/8/2017]
Violation of this Part shall constitute a summary offense, and prosecution for every
such offense shall be according to the practice in the case of summary convictions,
except where the laws of Pennsylvania shall specifically provide otherwise.
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CHAPTER 16
PARKS AND RECREATION
Part 1
Conduct in Borough Park
§101. Definitions
§102. Park Hours
§103. Prohibited Conduct
§104, Fishing
$105. Reservation for Specific Uses
$106. Authority to Close Areas
§107. Enforcement
$108. Penalties
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(16, §101) (16, §101)
Part 1
Conduct in Borough Park
$101. Definitions, As used in this Part, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
PARK OR PARKS - unless specifically limited, shall be deemed to
include all parks, playgrounds, recreation areas, tennis courts, beaches,
recreation structures and facilities, and also entrances and approaches
thereto, and all other land or property or structures, now or hereafter
owned or acquired by the Borough for park or recreational purposes.
PERSON - any natural person, corporation, organization of persons,
company, association or partnership.
RULES AND REGULATIONS - any rules and regulations hereby or hereafter
promulgated by the Borough Council under the authority herein conferred.
(Ord, 144 1/2, 11/10/1977; as revised by Ord. 174, 6/11/1985)
§102, Park Hours. All parks shall be opened daily to the public at
such hours as the Borough Council may from time to time designate, but in
no event shall any person be permitted to be in attendance in any park
between ten (10) P.M. and sunrise, unless special permission be granted by
aC the Borough Council. (Ord. 144 1/2, 11/10/1977; as revised by Ord. 174,
6/11/1985)
§103. Prohibited Conduct. No person in attendance at a park shall:
1. Injure, deface, remove, cut or damage any of the trees, plants,
shrubs, turf, buildings, structures, signs or fixtures, or any other
property of the Borough located within the park.
2. Litter any area of the park with garbage, paper, bottles, cans
or other waste material; nor dispose of the same in any way except in
receptacles designated for such purpose.
3. Kindle or maintain any fire in the park except in fireplaces
or areas specially designated for that purpose and located by authority
of the Borough Council.
4, Remove any bench, seat, table or other appliance without
permission of the Borough Council.
5. Injure, deface, destroy or remove any notice, rule or regulation
posted at any place within the park by authority of the Borough Council;
nor shall any notice or placard be posted within the park other than by
authority of said Borough Council.
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(16, §103, cont'd) (16, §103, cont'd)
6. Set up any booth, table or stand for the sale of any article
or service whatsoever within the limits of the park without permission
of the Borough Council; distribute, sell, service or rent any services or
commodity or solicit for any purpose without permission of the Borough
Council.
7. Operate, stop or park any vehicle, bicycle or other means of
conveyance except in areas where permitted or designated by proper
authority of the Borough Council, or operate the same in a reckless or
negligent manner or in excess of any posted speed limit or in such a manner
as to become a nuisance to other area users.
8. Operate commercial vehicles, unless providing authorized services.
9. Bring onto the premises, possess or consume any alcoholic
beverage or illegal drugs of any kind; no person shall enter the park in an
intoxicated state or otherwise be under the influence of alcohol or illegal
drugs.
10. Carry or discharge any firearms, slingshots, firecrackers, fire-
works or other missile propelling instruments or explosives or arrows, or
other dangerous weapons which have such properties as to cause annoyance
or injury to any person or property, unless permission has been granted by
the Borough Council in designated areas; police officers in the performance
of their duties will be exempt from these provisions.
ll. Play ball, swim, golf, pitch horseshoes, engage in archery, camp
or launch, dock or land any boat, engage in finding buried objects with
special detectors, or participate in any other form of recreation, sporting
endeavor or pastime, except in those areas which may be designated from
time to time for that purpose by the Borough Council.
12. Disrobe or change clothing except in buildings or facilities made
available for that purpose.
13. Disturb the peace by any conduct so as to annoy any other person
using the park for recreational purposes.
14. Operate a snowmobile, minibike, motorcycle, or any vehicle
recreational or otherwise except on designated roads, trails, or areas set
aside for their use.
15. Use threatening, abusive, insulting, profane or obscene language
or words,
16. Commit any disorderly or immoral acts.
17. Hold any public meeting or rally with more than five (5) persons
or engage in any marching or driving as members of a military, political or
other organization without permission of the Borough Council, which
requires a statement of information, including the name of the
organization, its purpose, number of persons expected to be invited,
expected duration and name(s) of person(s) in charge. )
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(16, $103, cont'd) (16, $103, cont'd)
18. Disobey a proper order of a police officer or Borough Council
- member, or disobey or disregard or fail to comply with any rule or
regulation, warning, prohibition, instruction or direction given by an
authorized person and posted or displayed by sign, notice, bulletin, card,
poster, or when notified or informed as to its existence by the Borough
Council or an authorized person.
19. Hunt for, capture or kill, or attempt to capture or kill, or aid
or assist in the capturing or killing of, in any manner, any wild bird or
wild animal of any description, either game or otherwise, and to that end,
it is unlawful for any person to carry onto or possess in any park, a
shotgun or rifle or pistol or firearm of any make or kind unless specific
permission is granted for a designated area by authority of the Borough
Council.
20. Allow pets to run at large out of control.
(Ord. 144 1/2, 11/10/19775 as revised by Ord. 174, 6/11/1985)
§104, Fishing. All laws pertaining to fishing in the Commonwealth
shall apply to fishing in parks and recreation areas, and provisions
thereof are hereby incorporated by reference. (Ord. 144 1/2, 11/10/19773
as revised by Ord. 174, 6/11/1985)
§105. Reservation for Specific Uses. The use of all parks shall be
on a first come, first served basis unless otherwise reserved:
¢ 1. by annual permission granted by the Borough Council for the
scheduling of various league games, etc;
2. for school or college athletic games, practice, contests, or
exhibitions;
3. for regularly scheduled school district or municipal recreation
programs;
4. by permission granted by the Borough Council for a specific
requested use.
(Ord. 144 1/2, 11/10/1977 as revised by Ord. 174, 6/11/1985)
§106. Authority to Close Areas. Recreation facilities which become
hazardous for public use due to weather, water, fire or unforeseeable
conditions may be closed only at the discretion of the Borough Council.
(Ord. 144 1/2, 11/10/19773 as revised by Ord. 174, 6/11/1985)
§107. Enforcement. The police officers of the Borough are charged
with enforcement of the provisions of this Part. (Ord. 144 1/2,
11/10/1977; as revised by Ord. 174, 6/11/1985)
§108, Penalties. Any person, firm or corporation who shall violate
any provision of this Part shall, upon conviction thereof, be sentenced to
pay a fine not more than three hundred dollars ($300.00), and/or to
imprisonment for a term not to exceed ninety (90) days. (Ord. 144 1/2,
11/10/1977; as revised by Ord. 174, 6/11/1985)
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CHAPTER 17
STORMWATER MANAGEMENT
PART 1
GENERAL PROVISIONS
§ 17-101. Short Title.
§ 17-102. Statement of Findings.
§ 17-103. Purpose.
§ 17-104. Statutory Authority.
§ 17-105. Applicability.
§ 17-106. Repealer.
§ 17-107. Severability.
§ 17-108. Compatibility With Other Requirements.
§ 17-109. Duty of Persons Engaged in the Development of Land.
§ 17-110. Municipal Liability Disclaimer.
PART 2
DEFINITIONS
§ 17-201. Interpretation.
§ 17-202, Definitions.
PART 3
STORMWATER MANAGEMENT STANDARDS
§ 17-301. General Requirements.
§ 17-302. Exemptions; Modifications.
§ 17-303. Waivers.
§ 17-304. Volume Controls.
§ 17-305. Rate Controls.
§ 17-806. Sensitive Areas and Stormwater Hotspots.
PART 4
EROSION AND SEDIMENTATION STANDARDS
§ 17-401. Erosion and Sedimentation Requirements During Earth-
Disturbance Activities.
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PART 5
PROTECTED WATERSHED STANDARDS
§ 17-501. Protected Watershed Requirements.
PART 6
RIPARIAN BUFFER STANDARDS
§ 17-601. Riparian Buffer Requirements.
§ 17-602. Riparian Buffer Easement.
PART 7
DESIGN CRITERIA
§ 17-701. Design Criteria for Stormwater Management and
Drainage Facilities.
§ 17-702. Calculation Methodology.
§ 17-703. Downstream Hydraulic Capacity Analysis.
PART 8
SWM SITE PLAN AND REPORT REQUIREMENTS (
§ 17-801. General Requirements.
§ 17-802. SWM Site Plan and Report Contents.
§ 17-803. SWM Site Plan and Report Submission.
§ 17-804. SWM Site Plan and Report Review.
§ 17-805. Modification of Plans.
§ 17-806, Resubmission of Disapproved SWM Site Plan and
Report.
§ 17-807. Authorization to Construct and Term of Validity.
§ 17-808. Record Drawings, Completion Certificate and Final
Inspection.
PART 9
EASEMENTS
§ 17-901. Easements.
PART 10
MAINTENANCE RESPONSIBILITIES
§ 17-1001. Financial Guaranty. (
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STORMWATER MANAGEMENT
§ 17-1002. Maintenance Responsibilities.
§ 17-1003. Maintenance Agreement for Privately Owned Stormwater
Facilities.
PART 11
INSPECTIONS
§ 17-1101. Schedule of Inspections.
§ 17-1102. Right of Entry.
PART 12
ENFORCEMENT AND PENALTIES
§ 17-1201. Notification.
§ 17-1202. Enforcement.
§ 17-1203. Public Nuisance.
§ 17-1204. Suspension and Revocation of Approvals or Permits.
§ 17-1205. Penalties.
§ 17-1206. Appeals.
PART 18
PROHIBITIONS
§ 17-1301. Prohibited Discharges and Connections.
§ 17-1302. Roof Drains.
§ 17-1303. Alteration of BMPs.
PART 14
FEES AND EXPENSES
§ 17-1401. Municipal Review Fee.
§ 17-1402. Expenses Covered by Fees.
§ 17-1403. Recording of Approved SWM Site Plan and Related
Agreements.
oo
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§ 17-101 SHINGLEHOUSE CODE § 17-102
PART 1
GENERAL PROVISIONS
§ 17-101. Short Title. [Ord. 261, 3/8/2011]
This chapter shall be known and may be cited as the "Shinglehouse Borough
Stormwater Management Ordinance."
§ 17-102. Statement of Findings. [Ord. 261, 3/8/2011]
1 The governing body of Shinglehouse Borough finds that:
A Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly
increases the cost of public facilities to convey and manage
stormwater, undermines floodplain management and flood reduction
efforts in upstream and downstream communities, reduces
groundwater recharge, threatens public health and safety, and
increases non-point-source pollution of water resources.
B. A comprehensive program of stormwater management, including
reasonable regulation of development and activities causing /
accelerated runoff, is fundamental to the public health, safety,
welfare, and the protection of the people of the municipality and all
the people of the commonwealth, their resources, and the
environment.
C. Inadequate planning and management of stormwater runoff resulting
from land development and redevelopment throughout a watershed
can also harm surface water resources by changing the natural
hydrologic patterns; accelerating stream flows (which increase scour
and erosion of streambeds and stream banks, thereby elevating
sedimentation); destroying aquatic habitats; and elevating aquatic
pollutant concentrations and loadings, such as sediments, nutrients,
heavy metals, and pathogens. Groundwater resources are also
impacted through loss of recharge.
D. Stormwater is an important water resource which provides
groundwater recharge for water supplies and base flow of streams,
which also protects and maintains surface water quality.
E. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
F Federal and state regulations require certain municipalities to
implement a program of stormwater controls. These municipalities are
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§ 17-102 STORMWATER MANAGEMENT § 17-104
required to obtain a permit for stormwater discharges from their
separate storm sewer systems under the National Pollutant Discharge
Elimination System (NPDES).
§ 17-103. Purpose. (Ord. 261, 3/8/2011]
1 The purpose of this chapter is to promote health, safety, and welfare within
Shingle-house Borough, Potter County, by minimizing the harms and
maximizing the benefits described in § 17-102 of this chapter through
provisions intended to:
A Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code, Chapter 93, to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of the
commonwealth.
B. Manage accelerated runoff and erosion and sedimentation problems
close to their source by regulating activities that cause these
problems.
Cc. Preserve the natural drainage systems as much as possible.
D. Maintain groundwater recharge, to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
E, Maintain existing flows and quality of streams and watercourses.
F. Preserve and restore the flood-carrying capacity of streams and
prevent scour and erosion of stream banks and streambeds.
G. Manage stormwater impacts close to the runoff source, with a
minimum of structures and a maximum use of natural processes.
H. Provide procedures, performance standards, and design criteria for
stormwater planning and management.
L Provide proper operations and maintenance of all temporary and
permanent stormwater management facilities and best management
practices (BMPs) that are constructed and implemented.
J Provide standards to meet the NPDES permit requirements.
§ 17-104, Statutory Authority. [Ord. 261, 3/8/2011]
1 Primary Authority. Shinglehouse Borough is empowered to regulate these
activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act," and
the Borough Code.
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§ 17-104 SHINGLEHOUSE CODE § 17-106
2. Secondary Authority. Shinglehouse Borough also is empowered to regulate
land use activities that affect runoff by the authority of the Act of July 31, (
1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as
amended.*
§ 17-105. Applicability. [Ord. 261, 3/8/2011]
1 This chapter shall apply to all areas of Shinglehouse Borough, any regulated
activity within Shinglehouse Borough and all stormwater runoff entering
into Shinglehouse Borough's separate storm sewer system from lands within
the boundaries of Shinglehouse Borough.
2. Earth disturbance activities and associated stormwater management
controls are also regulated under existing state law and implementing
regulations. This chapter shall operate in coordination with those parallel
requirements; the requirements of this chapter shall be no less restrictive in
meeting the purposes of this chapter than state law.
3. "Regulated activities" are any earth disturbance activities or any activities
that involve the alteration or development of land in a manner that may
affect stormwater runoff. "Regulated activities" include but are not limited to
the following listed items:
A. Earth disturbance activities.
B. Land development. (
Cc. Subdivision.
D. Construction of new or additional impervious or semipervious
surfaces.
E. Construction of new buildings or additions to existing buildings.
RF Diversion or piping of any natural or man-made stream channel.
G. Installation of stormwater management facilities or appurtenances
thereto.
H. Installation of stormwater BMPs.
4, See § 17-302 of this chapter for exemption/modification criteria.
§ 17-106. Repealer. (Ord. 261, 3/8/2011]
Any ordinance, ordinance provision(s), or regulation of Shinglehouse Borough
inconsistent with any of the provision(s) of this chapter is hereby repealed to the
extent of the inconsistency only.
1. Editor's Note: See 68 P.S. § 10101 et sea.
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§ 17-107 STORMWATER MANAGEMENT §17-110
§ 17-107. Severability. [Ord. 261, 3/8/2011]
In the event that a court of competent jurisdiction declares any section(s) or
provision(s) of this chapter invalid, such decision shall not affect the validity of any
of the remaining section(s) or provision(s) of this chapter.
§ 17-108. Compatibility With Other Requirements. [Ord. 261, 3/8/2011]
Approvals issued and actions taken pursuant to this chapter do not relieve the
applicant of the responsibility to comply with or to secure required permits or
approvals for activities regulated by any other applicable codes, laws, rules,
statutes, or ordinances. To the extent that this chapter imposes more rigorous or
stringent requirements for stormwater management, the specific requirements
contained in this chapter shall be followed.
§ 17-109. Duty of Persons Engaged in the Development of Land. [Ord. 261, 3/
8/2011]
Notwithstanding any provision(s) of this chapter, including exemptions, any
landowner or any person engaged in the alteration or development of land which
may affect stormwater runoff characteristics shall implement such measures as are
reasonably necessary to prevent injury to health, safety, or other property. Such
measures also shall include actions as are required to manage the rate, volume,
direction, and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, property, and water quality.
§ 17-110. Municipal Liability Disclaimer. [Ord. 261, 3/8/2011]
1. Neither the granting of any approval under this chapter, nor the compliance
with the provisions of this chapter, or with any condition imposed by a
municipal official hereunder, shall relieve any person from any responsibility
for damage to persons or property resulting therefrom or as otherwise
imposed by law nor impose any liability upon the municipality for damages
to persons or property.
2. ‘The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guaranty/or warranty of any
kind by the municipality, or by an official or employee thereof, of the
practicability or safety of any structure, use or other plan proposed and shall
create no liability upon or cause of action against such public body, official or
employee for any damage that may result pursuant thereto.
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§ 17-201 STORMWATER MANAGEMENT § 17-202
PART 2
DEFINITIONS
§ 17-201. Interpretation. [Ord. 261, 3/8/2011]
1 For the purpose of this chapter, certain terms and words used herein shall be
interpreted as follows:
A Words used in the present tense include the future tense; the singular
number includes the plural; and the plural number includes the
singular; words of masculine gender include feminine gender; and
words of feminine gender include masculine gender.
B. The word “includes” or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
Cc. The word "person" includes an individual, firm, association,
organization, partnership, trust, company, corporation, or any other
similar entity.
D. The words "shall" and "must" are mandatory; the words "may" and
“should” are permissive.
E. The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
§ 17-202. Definitions. [Ord. 261, 3/8/2011]
As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSION — The removal of the surface of the land
through the combined action of human activity and natural processes at a
rate greater than would occur because of the natural process alone.
AGRICULTURAL ACTIVITIES — Activities associated with agriculture,
such as agricultural cultivation, agricultural operation, and animal heavy
use areas. This includes the work of producing crops, tillage, land clearing,
plowing, disking, harrowing, planting, harvesting crops, or pasturing and
raising of livestock and installation of conservation measures. Construction
of new buildings or impervious area is not considered an agricultural
activity.
ALTERATION — As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another; changing
of surface conditions by causing the surface to be more or less impervious;
land disturbance.
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§ 17-202 STORMWATER MANAGEMENT § 17-202
DETENTION BASIN — An impoundment structure designed to manage
stormwater runoff by temporarily storing the runoff and releasing it at a
predetermined rate.
DETENTION VOLUME — The volume of runoff that is captured and
released into waters of the commonwealth at a controlled rate.
DEVELOPER — A person, partnership, association, corporation, or other
entity, or any responsible person therein or agent thereof, that undertakes
any regulated activity of this chapter.
DEVELOPMENT SITE (SITE) — The specific tract of land for which a
regulated activity is proposed; also see "project site."
DISTURBED AREA — An unstabilized land area where an earth
disturbance activity is occurring or has occurred.
DOWNSLOPE PROPERTY LINE — That portion of the property line of the
lot, tract, or parcels of land being developed located such that all overland or
pipe flow from the site would be directed toward it.
DRAINAGE CONVEYANCE FACILITY — A stormwater management
facility designed to convey stormwater runoff, and shall include streams,
channels, swales, pipes, conduits, culverts, storm sewers, etc.
DRAINAGE EASEMENT — A right, granted by a landowner to a grantee,
allowing the use of private land for stormwater management, drainage, or
conveyance purposes.
DRAINAGEWAY — Any natural or artificial watercourse, trench, ditch,
pipe, swale, channel, or similar depression into which surface water flows.
EARTH DISTURBANCE ACTIVITY — A construction or other human
activity which disturbs the surface of the land, including but not limited to
clearing and grubbing, grading, excavations, embankments, land
development, agricultural plowing or tilling, timber harvesting activities,
road maintenance activities, mineral extraction, and the moving, depositing,
stockpiling, or storing of soil, rock or earth materials.
EROSION — The movement of soil particles by the action of water, wind, ice,
or other natural forces.
EROSION AND SEDIMENT POLLUTION CONTROL PLAN — A plan
which is designed to minimize accelerated erosion and sedimentation.
EXCEPTIONAL-VALUE WATERS — Surface waters of high quality which
satisfy Pa. Code Title 25, Environmental Protection, Chapter 98, Water
Quality Standards, 93.4b(b) (relating to antidegradation).
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EXISTING CONDITIONS — The initial condition of a project site prior to
the proposed construction. If the initial condition of the site is undeveloped (
land and not forested, the land use shall be considered as "meadow," unless
the natural land cover is documented to generate lower curve numbers or
rational "C" coefficient.
FEMA — The Federal Emergency Management Agency.
FLOOD — A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams, rivers,
and other waters of the commonwealth.
FLOOD FRINGE — The remaining portions of the 100-year floodplain
outside of the floodway boundary.
FLOODPLAIN — Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration, Flood Hazard
Boundary Maps as being a special flood hazard area. Included are lands
adjoining a river or stream that have been or may be inundated by a 100-
year flood. Also included are areas that comprise Group 13 soils, as listed in
Appendix A of the Pennsylvania Department of Environmental Protection
(PADEP) Technical Manual for Sewage Enforcement Officers (as amended or
replaced from time to time by PADEP).
FLOODWAY — The channel of the watercourse and those portions of the (
adjoining floodplains that are reasonably required to carry and discharge the
100-year frequency flood. Unless otherwise specified, the boundary of the
floodway is as indicated on maps and flood insurance studies provided by
FEMA. In an area where no FEMA maps or studies have defined the
boundary of the 100-year frequency floodway, it is assumed, absent evidence
to the contrary, that the floodway extends from the stream to 50 feet from
the top of the bank of the stream.
FOREST MANAGEMENT/TIMBER OPERATIONS — Planning and
activities necessary for the management of forestland. These include timber
inventory and preparation of forest management plans, silvicultural
treatment, cutting budgets, logging road design and construction, timber
harvesting, site preparation and reforestation.
FREEBOARD — A vertical distance between the elevation of the design high
water and the top of a dam, levee, tank, basin, or diversion ridge. The space
is required as a safety margin in a pond or basin.
GRADE — A slope, usually of a road, channel or natural ground, specified in
percent and shown on plans as specified herein.
(TO) GRADE — To finish the surface of a roadbed, top of embankment or
bottom of excavation.
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GROUNDWATER RECHARGE — Replenishment of existing natural
underground water supplies.
HEC-HMS MODEL CALIBRATED (HYDROLOGIC ENGINEERING
CENTER HYDROLOGIC MODELING SYSTEM) — A computer-based
hydrologic modeling technique adapted to the watershed(s) in Potter County
for the Act 167 Plan. The model has been calibrated by adjusting key model
input parameters.
HIGH-QUALITY WATERS — Surface water having quality which exceeds
the levels necessary to support propagation of fish, shellfish, and wildlife and
recreation in and on the water by satisfying Pa. Code Title 25,
Environmental Protection, Chapter 93, Water Quality Standards, 93.4b(a).
HYDROLOGIC SOIL GROUP (HSG) — Infiltration rates of soils vary widely
and are affected by subsurface permeability as well as surface intake rates.
Soils are classified into one of four HSG (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The Natural Resource Conservation Service (NRCS) of the United
States Department of Agriculture defines the four groups and provides a list
of most of the soils in the United States and their group classification. The
soils in the area of interest may be identified from a soil survey report from
the local NRCS office or the County Conservation District.
IMPERVIOUS SURFACE (IMPERVIOUS AREA) — A surface that prevents
. the infiltration of water into the ground. Impervious surface (or areas)
includes but is not limited to roofs, additional indoor living spaces, patios,
garages, storage sheds and similar structures, parking or driveway areas,
and any new streets and sidewalks. Any surface areas proposed to initially
be gravel or crushed stone shall be assumed to be impervious surfaces.
IMPOUNDMENT — A retention or detention basin designed to retain
stormwater runoff and release it at a controlled rate.
INFILTRATION STRUCTURE — A structure designed to direct runoff into
the ground (e.g., french drains, seepage pits, seepage trench, etc.).
INLET — A surface connection to a closed drain; a structure at the diversion
‘end of a conduit; the upstream end of any structure through which water
may flow.
LAND DEVELOPMENT (DEVELOPMENT) —
A. ‘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.
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B. Any subdivision of land.
Cc. Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
MAIN STEM (MAIN CHANNEL) — Any stream segment or other runoff
conveyance facility used as a reach in the Potter County Act 167 watershed
hydrologic model(s).
MANNING EQUATION (MANNING FORMULA) — A method for
calculation of velocity of flow (e.g., feet per second) and flow rate (e.g., cubic
feet per second) in open channels based upon channel shape, roughness,
depth of flow and slope. Open channels may include closed conduits so long
as the flow is not under pressure.
MUNICIPALITY — Shinglehouse Borough, Potter County, Pennsylvania.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) — The federal government's system for issuance of permits under
the Clean Water Act, which is delegated to PADEP in Pennsylvania.
NOAA ATLAS 14 — The Precipitation-Frequency Atlas of the United States,
Atlas 14, Volume 2, United States Department of Commerce, National
Oceanic and Atmospheric Administration, National Weather Service,
Hydrometeorological Design Studies Center, Silver Spring, Maryland (2004).
NOAA's Atlas 14 can be accessed at Internet address http:// (
hdse.nws.noaa.gov/hdse/pfds/.
NON-POINT-SOURCE POLLUTION — Pollution that enters a water body
from diffuse origins in the watershed and does not result from discernible,
confined, or discrete conveyances.
NRCS — The Natural Resource Conservation Service [previously Soil
Conservation Service (SCS)].
OPEN CHANNEL — A drainage element in which stormwater flows with an
open surface. Open channels include but shall not be limited to natural and
man-made drainageways, swales, streams, ditches, canals, and pipes not
under pressure.
OUTFALL —
A The point where water flows from a conduit, stream, or drain.
B. A “point source," as described in 40 CFR § 122.2, at the point where
the municipality's storm sewer system discharges to surface waters of
the commonwealth.
OUTLET — Points of water disposal from a stream, river, lake, tidewater, or
artificial drain.
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PADEP — The Pennsylvania Department of Environmental Protection.
PARKING LOT STORAGE — Involves the use of impervious parking areas
as temporary impoundments with controlled release rates during rainstorms.
PEAK DISCHARGE — The maximum rate of stormwater runoff from a
specific storm event.
PERSON — An individual, partnership, public or private association or
corporation, or a governmental unit, public utility or any other legal entity
whatsoever which is recognized by law as the subject of rights and duties.
PERVIOUS AREA — Any area not defined as "impervious."
PIPE — A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
POINT SOURCE — Any discernible, confined, or discrete conveyance,
including but not limited to any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations at
25 Pa. Code § 92.1.
PROBABLE MAXIMUM FLOOD (PMF) — The flood that may be expected
from the most severe combination of critical meteorological and hydrologic
conditions that are reasonably possible in any area. The PMF is derived from
the probable maximum precipitation (PMP) as determined on the basis of
data obtained from the National Oceanographic and Atmospheric
Administration (NOAA).
PROJECT SITE — The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
QUALIFIED PROFESSIONAL — Any person licensed by the Pennsylvania
Department of State or otherwise qualified by law to perform the work
required by this chapter.
RATIONAL FORMULA — A rainfall-runoff relation used to estimate peak
flow.
REDEVELOPMENT — Earth disturbance activities on land which has
previously been developed.
REGULATED ACTIVITIES — Any earth disturbance activities or any
activities that involve the alteration or development of land in a manner that
may affect stormwater runoff.
REGULATED EARTH DISTURBANCE ACTIVITY — Activity involving
earth disturbance subject to regulation under 25 Pa. Code, Chapter 92,
Chapter 102, or the Clean Streams Law.
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RELEASE RATE — The percentage of predevelopment peak rate of runoff
from a site or subwatershed area to which the post-development peak rate of {
runoff must be reduced to protect downstream areas.
RELEASE RATE DISTRICT — Those subwatershed areas in which post-
development flows must be reduced to a certain percentage of
predevelopment flows as required to meet the plan requirements and the
goals of Act 167.
RETENTION BASIN — An impoundment in which stormwater is stored and
not released during the storm event. Stored water may be released from the
basin at some time after the end of the storm.
RETENTION VOLUME/REMOVED RUNOFF — The volume of runoff that
is captured and not released directly into the surface Waters of this
commonwealth during or after a storm event,
RETURN PERIOD — The average interval, in years, within which a storm
event of a given magnitude can be expected to recur. For example, the
twenty-five-year return period rainfall would be expected to recur on the
average once every 25 years; or stated in another way, the probability of a
twenty-five-year storm occurring in any one given year is 0.04 (ie., a 4%
chance).
RIPARIAN BUFFER — A vegetated area, bordering perennial and
intermittent streams and wetlands, that serves as a protective filter to help
protect streams and wetlands from the impacts of adjacent land uses.
RISER — A vertical pipe extending from the bottom of a pond that is used to
control the discharge rate from the pond for a specified design storm.
ROAD MAINTENANCE — Earth disturbance activities within the existing
road right-of-way, such as grading and repairing existing unpaved road
surfaces, cutting road banks, cleaning or clearing drainage ditches, and other
similar activities. Road maintenance activities that do not disturb the
subbase of a paved road (such as milling and overlays) are not considered
earth disturbance activities.
ROOFTOP DETENTION — Temporary ponding and gradual release of
stormwater falling directly onto flat roof surfaces by incorporating controlled-
flow roof drains into building designs.
RUNOFF — Any part of precipitation that flows over the land surface.
RUNOFF CAPTURE VOLUME — The volume of runoff that is captured
(retained) and not released into surface waters of the commonwealth during
or after a storm event.
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SEDIMENT — Soils or other materials transported by surface water as a
product of erosion.
SEDIMENT BASIN — A barrier, dam, or retention or detention basin
Jocated and designed to retain rock, sand, gravel, silt, or other material
transported by stormwater runoff.
SEDIMENT POLLUTION — The placement, discharge, or any other
introduction of sediment into waters of the commonwealth occurring from the
failure to properly design, construct, implement or maintain control
measures and control facilities in accordance with the requirements of this
chapter.
SEDIMENTATION — The process by which mineral or organic matter is
accumulated or deposited by the movement of water.
SEEPAGE PIT/SEEPAGE TRENCH — An area of excavated earth, filled
with loose stone or similar coarse material, into which surface water is
directed for infiltration into the ground.
SEPARATE STORM SEWER SYSTEM — A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, or storm drains)
primarily used for collecting and conveying stormwater runoff.
SHEET FLOW — Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
SOIL COVER COMPLEX METHOD — A method of runoff computation
developed by the NRCS that is based on relating soil type and land use/cover
to a runoff parameter called "Curve Number (CN)."
SPILLWAY (EMERGENCY) — A depression in the embankment of a pond or
basin, or other overflow structure, that is used to pass peak discharges
greater than the maximum design storm controlled by the pond or basin.
STATE WATER QUALITY REQUIREMENTS — The regulatory
requirements to protect, maintain, reclaim, and restore water quality under
Title 25 of the Pennsylvania Code and the Clean Streams Law.
STORAGE INDICATION METHOD — A reservoir routing procedure based
‘on solution of the continuity equation (inflow minus outflow equals the
change in storage), with "outflow" defined as a function of storage volume
and depth.
STORM FREQUENCY — The number of times that a given storm event
occurs or is exceeded on the average in a stated period of years. See also
“return period."
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STORM SEWER — A system of pipes and/or open channels that conveys
intercepted runoff and stormwater from other sources but excludes domestic (
sewage and industrial wastes,
STORMWATER — Drainage runoff from the surface of the land resulting
from precipitation, snow, or ice melt.
STORMWATER HOTSPOT — A land use or activity that generates higher
concentrations of hydrocarbons, trace metals, or toxicants than are found in
typical stormwater runoff.
STORMWATER MANAGEMENT FACILITIES — Any structure, natural or
man-made, that, due to its condition, design, or construction, conveys, stores,
or otherwise affects stormwater runoff. Typical stormwater management
facilities include but are not limited to detention and retention basins, open
channels, storm sewers, pipes and infiltration facilities.
STORMWATER MANAGEMENT PLAN — The Potter County Stormwater
Management Plan for managing stormwater runoff in Potter County, as
required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the
"Stormwater Management Act."
STORMWATER MANAGEMENT SITE PLAN (SWM SITE PLAN) — The
plan prepared by the applicant or his representative indicating how
stormwater runoff will be managed at the project site in accordance with this
chapter. (
STREAM ENCLOSURE — A bridge, culvert, or other structure in excess of
100 feet in length, upstream to downstream, which encloses regulated waters
of the commonwealth.
SUBDIVISION — The division or redivision of a lot, tract, or parcel of land
by any means into two or more lots, tracts, 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 subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new street or
easement of access or any residential dwellings, shall be exempt
(Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805,
No. 247).
SUBWATERSHED AREA — The smallest drainage unit of a watershed for
which stormwater management criteria has been established in the
Stormwater Management Plan,
SWALE — A low-lying stretch of land that gathers or carries surface water
runoff.
TIMBER OPERATIONS — See "forest management."
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TIME OF CONCENTRATION (Tc) — The time for surface runoff to travel
from the hydraulically most distant point of the watershed to a point of
interest within the watershed. This time is the combined total of overland
flow time and flow time in pipes or channels, if any.
USDA — The United States Department of Agriculture.
WATERCOURSE — A channel or conveyance of surface water, such as a
stream or creek, having a defined bed and banks, whether natural or
artificial, with perennial or intermittent flow.
WATERS OF THE COMMONWEALTH — Rivers, streams, creeks, rivulets,
impoundments, ditches, watercourses, storm sewers, lakes, dammed water,
wetlands, ponds, springs and other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
WATERSHED — A region or area drained by a river, watercourse, or other
surface water, whether natural or artificial.
WETLANDS — Those areas that are inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including swamps,
marshes, bogs and similar areas. (The term includes but is not limited to
wetland areas listed in the State Water Plan, the United States Forest
Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone
Management Plan and a wetland area designated by a river basin
commission. This definition is used by the United States Environmental
Protection Agency and the United States Army Corps of Engineers.)
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§ 17-301 STORMWATER MANAGEMENT § 17-301
PART 3
STORMWATER MANAGEMENT STANDARDS
§ 17-301. General Requirements. [Ord. 261, 3/8/2011]
1. For all regulated activities, unless specifically exempted in § 302:
A. Preparation and implementation of an approved SWM site plan is
required.
B. No regulated activities shall commence until the municipality issues
written approval of an SWM site plan, which demonstrates
compliance with the requirements of this chapter.
C. The SWM site plan shall demonstrate that adequate capacity will be
provided to meet the volume and rate control requirements, as
described under §§ 17-304 and 17-305 of this chapter.
D. The SWM site plan approved by the municipality shall be on site
throughout the duration of the regulated activities.
2. For all regulated earth disturbance activities, erosion and sediment control
BMPs shall be designed, implemented, operated, and maintained during the
regulated earth disturbance activities (e.g., during construction) to meet the
purposes and requirements of this chapter and to meet all requirements
under Title 25 of the Pennsylvania Code (including but not limited to
Chapter 102, Erosion and Sediment Control) and the Clean Streams Law.
Various BMPs and their design standards are listed in the Erosion and
Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-
008 (April 15, 2000), as amended and updated.
3. For all regulated activities, stormwater BMPs shall be designed, installed,
implemented, operated, and maintained to meet the purposes and
requirements of this chapter and to meet all requirements under Title 25 of
the Pennsylvania Code and the Clean Streams Law, conform to the state
water quality requirements, and meet all requirements under the Storm
Water Management Act and any more stringent requirements as determined
by the municipality.
4. The municipality may, after consultation with PADEP and the Conservation
District, approve measures for meeting the state water quality requirements
other than those in this chapter, provided that they meet the minimum
requirements of and do not conflict with state law, including but not limited
to the Clean Streams Law.
5. All regulated activities shall include, to the maximum extent practicable,
measures to: .
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§ 17-301 SHINGLEHOUSE CODE § 17-301
A. Protect health, safety, and property.
B. Meet the water quality goals of this chapter by implementing
measures to:
(1) Minimize disturbance to floodplains, wetlands, natural slopes,
existing native vegetation and woodlands.
(2) Create, maintain, or extend riparian buffers and protect
existing forested buffers.
(3) Provide trees and woodlands adjacent to impervious areas
whenever feasible.
(4) Minimize the creation of impervious surfaces and the
degradation of waters of the commonwealth and promote
groundwater recharge.
(8) Protect natural systems and processes (drainageways,
vegetation, soils, and sensitive areas) and maintain, as much as
possible, the natural hydrologic regime.
(6) Incorporate natural site elements (wetlands, stream corridors,
mature forests) as design elements.
(1) Avoid erosive flow conditions in natural flow pathways.
(
(8) Minimize soil disturbance and soil compaction.
(9) Minimize thermal impacts to waters of the commonwealth.
(10) Disconnect impervious surfaces by directing runoff to pervious
areas, wherever possible, and decentralize and manage
stormwater at its source,
6. Impervious Areas.
A The measurement of impervious areas shall include all of the
impervious areas in the total proposed development, even if
development is to take place in stages.
B. For developments taking place in stages, the entire development plan
must be used in determining conformance with this chapter.
7. If diffused flow is proposed to be concentrated and discharged onto adjacent
property, the applicant must document that adequate downstream
conveyance facilities exist to safely transport the concentrated discharge or
otherwise prove that no erosion, sedimentation, flooding, or other harm will
result from the concentrated discharge.
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§ 17-801 STORMWATER MANAGEMENT § 17-301
A. The applicant must provide an easement for proposed concentrated
flow across adjacent properties.
B. Such stormwater flows shall be subject to the requirements of this
chapter.
8. Stormwater drainage systems shall be provided in order to permit
unimpeded flow along natural watercourses, except as modified by
stormwater management facilities or open channels consistent with this
chapter.
9. Where watercourses traverse a development site, drainage easements (to
encompass the 100-year flood elevation with a minimum width of 20 feet)
shall be provided conforming to the line of such watercourses. The terms of
the easement shall prohibit excavation, the placing of fill or structures, and
any alterations that may adversely affect the flow of stormwater within any
portion of the easement. Also, maintenance, including mowing of vegetation
within the easement, may be required, except as approved by the
appropriate governing authority.
10. When it can be shown that, due to topographic conditions, natural
drainageways on the site cannot adequately provide for drainage, open
channels may be constructed conforming substantially to the line and grade
of such natural drainageways. Work within natural drainageways shall be
subject to approval by PADEP under regulations at 25 Pa. Code, Chapter
105, through the joint permit application process or, where deemed
appropriate by PADEP, through the general permit process.
11. Any stormwater management facilities or any facilities that constitute water
obstructions (e.g., culverts, bridges, outfalls, or stream enclosures, etc.) that
are regulated by this chapter, that will be located in or adjacent to waters of
the commonwealth (including wetlands), shall be subject to approval by
PADEP under regulations at 25 Pa. Code, Chapter 105, through the joint
permit application process or, where deemed appropriate by PADEP, the
general permit process. When there is a question whether wetlands may be
involved, it is the responsibility of the applicant or his agent to show that the
land in question cannot be classified as wetlands; otherwise, approval to
work in the area must be obtained from PADEP.
12. Should any stormwater management facility require a dam safety permit
under PADEP Chapter 105, the facility shall be designed in accordance with
Chapter 105 and meet the regulations of Chapter 105 concerning dam safety.
13. Any stormwater management facilities regulated by this chapter that will be
located on or discharged onto state highway rights-of-way shall be subject to
approval by the Pennsylvania Department of Transportation (PennDOT).
14. Minimization of impervious surfaces and infiltration of runoff through
seepage beds, infiltration trenches, etc, are encouraged, wheré’ soil
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§ 17-301 SHINGLEHOUSE CODE § 17-302
conditions and geology permit, to reduce the size or eliminate the need for
detention facilities. ’
15. Infiltration BMPs should be dispersed throughout the site, be made as
shallow as practicable, and be located to maximize use of natural on-site
infiltration features while still meeting the other requirements of this
chapter.
16. Roof drains shall not be connected to streets, sanitary or storm sewers, or
roadside ditches in order to promote overland flow and infiltration’
percolation of stormwater where it is advantageous to do so. When it is more
advantageous to connect directly to streets or storm sewers, then the
municipality shall permit it on a case-by-case basis.
17. Applicants are encouraged to use low-impact development practices to reduce
the costs of complying with the requirements of this chapter and the state
water quality requirements.
18. When stormwater management facilities are proposed within 1,000 feet of a
downstream municipality, the SWM plan shall be submitted to the
downstream Municipal's Engineer for review and comment.
§ 17-302. Exemptions; Modifications. [Ord. 261, 8/8/2011]
1. Under no circumstance shall the applicant be exempt from implementing
such measures as necessary to:
A. Meet state water quality standards and requirements.
B. Protect health, safety, and property.
C. Meet special requirements for high-quality (HQ) and exceptional-
value (EV) watersheds.
2, The applicant must utilize the following BMPs to the maximum extent
practicable to receive consideration for the exemptions:
A. Design around and limit disturbance of floodplains, wetlands, natural
slopes over 15%, existing native vegetation, and other sensitive and
special-value features.
B. Maintain riparian and forested buffers.
C. Limit grading and maintain nonerosive flow conditions in natural flow
paths.
D. Maintain existing tree canopies near impervious areas.
E. Minimize soil disturbance and reclaim disturbed areas with topsoil
and vegetation.
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§ 17-302 STORMWATER MANAGEMENT § 17-302
F. Direct runoff to pervious areas.
3. The applicant's proposed development/additional impervious area may not
adversely impact the following:
A. Capacities of existing drainageways and storm sewer systems.
B. Velocities and erosion.
C. Quality of runoff if direct discharge is proposed.
D. Existing known problem areas.
E, Safe conveyance of the additional runoff.
F. Downstream property owners.
4. An applicant proposing regulated activities, after demonstrating compliance
with § 17-302, Subsections 1, 2 and 3, may be exempted from various
requirements of this chapter according to the following table: [Amended by
Ord. No. 273, 12/9/2014]
New Impervious Area”? - Applicant Must Provide
Lacre or less Documentation of new impervious area®
>1 acre Rate controls, volume controls and SWM
site plan
NOTES:
+ New impervious area since the date of adoption of this chapter.
2 Gravel in existing condition shall be considered pervious, and gravel in
proposed condition shall be considered impervious.
3 The Small Project Stormwater Management Application included in
Appendix E? may be used for projects under 5,000 square feet or single-
family residential projects over 5,000 square feet of new impervious
surface. The Small Project SWM Application allows documentation of
new impervious surface, credits through disconnection of impervious
surfaces and tree planting, and sizing of volume control BMPs that
may be required.
5. Single-family residential activities are exempt from these requirements,
provided that the construction:
A. Complies with § 17-301, Subsection 7, and § 17-302, Subsection 1, 2
and 3;
2, Editor's Note: Appendix E is on file in the Borough offices.
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§ 17-302 SHINGLEHOUSE CODE § 17-302
B. Has building setback 75 feet from downstream property lines; and
C. Driveways:
(1) Runoff must discharge onto pervious surface with a gravel strip
or other spreading device.
(2) No more than 1,000 square feet of paved surface may discharge
to any one point.
(8) The length of flow on the pervious must exceed the length of
the paved surface flow.
D. The municipality can require more information or require mitigation
of certain impacts through installation of stormwater management
BMPs if there is a threat to property, health, or safety.
6. The municipality may deny or revoke any exemption pursuant to this section
at any time for any project that the municipality believes may pose a threat
to public health, safety, property or the environment.
a An applicant proposing regulated activities, after demonstrating compliance
with § 17-302, Subsections 1, 2 and 8, may be exempted from various
requirements of this chapter if documentation can be provided that a
downstream man-made water body (i.c., reservoir, lake, or man-made
wetlands) has been designed or modified to address the potential stormwater |
flooding impacts of the proposed development. {
8. The purpose this section is to ensure consistency of stormwater management
planning between local ordinances and NPDES permitting (when required)
and to ensure that the applicant has a single and clear set of stormwater
management standards to which the applicant is subject. The municipality
may accept alternative stormwater management controls under this section,
provided that:
A The municipality, in consultation with the PADEP (or delegated
authority), determines that meeting the volume control requirements
(see § 17-304) is not possible or places an undue hardship on the
applicant.
B. The alternative controls are documented to be acceptable to PADEP
(or delegated authority) for NPDES requirements pertaining to post
construction stormwater management requirements.
Cc. The alternative controls are in compliance with all other sections of
this chapter, including but not limited to § 17-301, Subsection 4, and
§ 17-302, Subsections 1, 2 and 3.
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9. Agricultural activities are exempt from requirements of this chapter,
provided that the activities are performed according to the requirements of
25 Pa. Code, Chapter 102.
10. Forest management and timber operations are exempt from the rate and
volume control requirements and SWM site plan preparation requirements
of this chapter, provided that the activities are performed according to the
requirements of 25 Pa. Code, Chapter 102. It should be noted that temporary
roadways are not exempt.
§ 17-308. Waivers. [Ord. 261, 8/8/2011]
1. The provisions of this chapter are the minimum standards for the protection
of the public welfare.
2, All waiver requests must meet the provisions of § 17-303, Subsections 7 and
8.
A. Waivers shall not be issued from implementing such measures as
necessary to:
(1) Meet state water quality standards and requirements.
(2) Protect health, safety, and property.
(3) Meet special requirements for high-quality (HQ) and
exceptional-value (EV) watersheds.
B. — Municipalities will then consider waivers in accordance with § 17-301,
Subsection 4, except that waiver requests for relief from the design
requirements of § 17-601B and C will be processed by the municipality
at its sole discretion.
3. If an applicant demonstrates to the satisfaction of the governing body of the
municipality that any mandatory provision of this chapter is unreasonable or
causes unique or undue unreasonableness or hardship as it applies to the
proposed project, or that an alternate design may result in a superior result
within the context of §§ 17-102 and 17-103 of this chapter, the governing
body of the municipality, upon obtaining the comments and
recommendations of the Municipal Engineer and Conservation District, may
grant a waiver or relief so that substantial justice may be done and the
public interest is secured, provided that such waiver will not have the effect
of nullifying the intent and purpose of this chapter.
4, ‘The applicant shall submit all requests for waivers in writing and shall
include such requests as a part of the plan review and approval process. The
applicant shall state in full the facts of unreasonableness or hardship on
which the request is based, the provision or provisions of the ordinance that
are involved, and the minimum waiver or relief that is necessary. The
applicant shall state how the requested waiver and how the applicant's
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§ 17-303 SHINGLEHOUSE CODE § 17-303
proposal shall result in an equal or better means of complying with the
intent or purpose and general principles of this chapter. (
5. The municipality shall keep a written record of all actions on waiver
requests.
6. The municipality may charge a fee for each waiver request, which shall be
used to offset the administrative costs of reviewing the waiver request. The
applicant shall also agree to reimburse the municipality for reasonable and
necessary fees that may be incurred by the Municipal Engineer in any
review of a waiver request.
7. In granting waivers, the municipality may impose reasonable conditions as
will, in its judgment, secure substantially the objectives of the standards or
requirements that are to be modified.
8 The municipality may grant applications for waivers when the following
findings are made, as relevant:
A ‘That the waiver shall result in an equal or better means of complying
with the intent of this chapter.
B. ‘That the waiver is the minimum necessary to provide relief.
Cc. That the applicant is not requesting a waiver based on cost
considerations. /
D. That existing downgradient stormwater problems will not be
exacerbated.
E. ‘That runoff is not being diverted to a different drainage area.
RF That increased flooding or ponding on off-site properties or roadways
will not occur.
G. That potential icing conditions will not occur.
H. That an increase of peak flow or volume from the site will not occur.
IL ‘That erosive conditions due to increased peak flows or volume will not
occur.
J. That adverse impact to water quality will not result.
K That increased 100-year floodplain levels will not result.
L That increased or unusual municipal maintenance expenses will not
result from the waiver.
M. That the amount of stormwater generated has been minimized to the
greatest extent allowed.
(
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§ 17-303 STORMWATER MANAGEMENT § 17-304
N. That infiltration of runoff throughout the proposed site has been
provided where practicable and predevelopment groundwater recharge
protected.
0. That peak flow attenuation of runoff has been provided.
P. That long-term operation and maintenance activities are established.
Q. That the receiving streams and/or water bodies will not be adversely
impacted in flood carrying capacity, aquatic habitat, channel stability
and erosion and sedimentation.
§ 17-304. Volume Controls. [Ord. 261, 3/8/2011]
1. ‘The low-impact development practices provided in the BMP Manual and in
Appendix B of this chapter’ shalll be utilized for all regulated activities to the
maximum extent practicable.
2. Stormwater runoff volume controls shall be implemented using the Design
Storm Method or the Simplified Method, as defined below. For regulated
activity areas equal or less than one acre that do not require hydrologic
routing to design the stormwater facilities, this chapter establishes no
preference for either method; therefore, the applicant may select either
method on the basis of economic considerations, the intrinsic limitations on
applicability of the analytical procedures associated with each methodology,
and other factors.
A. The Design Storm Method (CG-1 in the BMP Manual) is applicable to
any sized regulated activity. This method requires detailed modeling
based on site conditions.
(1) Do not inerease the post-development total runoff volume when
compared to the predevelopment total runoff volume for the
two-year, twenty-four-hour storm event.
(2) For hydrologic modeling purposes:
(a) Existing nonforested pervious areas must be considered
meadow (good condition) for predevelopment hydrologic
calculations.
() 20% of existing impervious area, when present within
the proposed project site, shall be considered meadow
(Good condition) for predevelopment hydrologic
calculations for redevelopment.
B. The Simplified Method (CG-2 in the BMP Manual) is independent of
site conditions and should be used if the Design Storm Method is not
3. Editor's Note: Appendix B is on file in the Borough offices.
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§ 17-804 SHINGLEHOUSE CODE § 17-304
followed. This method is not applicable to regulated activities greater
than one acre or for projects that require detailed design of
stormwater storage facilities. For new impervious surfaces:
(1) Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
(2) At least the first one inch of runoff from new impervious
surfaces shall be permanently removed from the runoff flow,
ie, it shall not be released into surface waters of the
commonwealth. Removal options include reuse, evaporation,
transpiration, and infiltration.
(3) Wherever possible, infiltration facilities should be designed to
accommodate infiltration of the entire permanently removed
runoff, however, in all cases, at least the first 0.5 inch of the
permanently removed runoff should be infiltrated.
(4) Actual field infiltration tests at the location of the proposed
elevation of the stormwater BMPs are required. Infiltration
tests shall be conducted in accordance with the BMP Manual.
Notification of the municipality shall be provided to allow
witnessing of the testing.
C. In cases where it is not possible or desirable to use infiltration-based
best management practices to partially fulfill the requirements in (
either § 17-804, Subsection 2A or B, the following procedure shall be \
used:
(Ata minimum, the following documentation shall be provided
to justify the decision to not use infiltration BMPs:
(@) A description of and justification for field infiltration/
permeability testing with respect to the type of test and
test locations.
() An interpretive narrative describing existing site soils
and their structure as these relate to the interaction
between soils and water occurring on the site. In
addition to providing soil and soil profile descriptions,
this narrative shall identify depth to seasonal high-water
tables and depth to bedrock and provide a description of
all subsurface elements (fragipans and other restrictive
layers, geology, etc.) that influence the direction and rate
of subsurface water movement.
(© A qualitative assessment of the site's contribution to
annual aquifer recharge shall be made, along with
identification of any restrictions or limitations associated
with the use of engineered infiltration facilities.
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§ 17-304 STORMWATER MANAGEMENT § 17-306
(@ The provided documentation must be signed and sealed
by a professional engineer or geologist.
(2) The following water quality pollutant load reductions will be
required for all disturbed areas within the proposed
development:
Required
Pollutant Load Units reduction
Total suspended solids Pounds 85%
(TSS)
Total phosphorous (TP) Pounds 85%
Total nitrate (NO,) Pounds 50%
(3) The performance criteria for water quality best management
practices shall be determined from the Pennsylvania
Stormwater Best Management Practices Manual, most current
version.
3. The applicable worksheets from the BMP Manual must be used in
calculations to establish volume control.
§ 17-305. Rate Controls. [Ord. 261, 3/8/2011]
1 Lands contained within Potter County that have not had release rates
established under an approved Act 167 stormwater management plan:
A Post-development discharge rates shall not exceed the predevelopment
discharge rates for the one-year, two-year, ten-year, twenty-five-year,
fifty-year, and 100-year storms.
2. Lands contained within Potter County that have had release rates
established under an approved Act 167 stormwater management plan:
A. The post-development peak discharge rates shall be in accordance
with the approved release rate map for the individual watershed.
§ 17-306. Sensitive Areas and Stormwater Hotspots. [Ord. 261, 3/8/2011]
1, Sensitive areas, as defined below, and stormwater hotspots, which require
special consideration with regard to stormwater management:
A "Sensitive areas" are defined as those areas that, if developed, have
the potential to endanger a water supply. These areas consist of the
delineated one-year zone of contribution and direct upslope areas
tributary to the water supply wells. Municipalities may update the
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§ 17-306 SHINGLEHOUSE CODE § 17-306
sensitive area boundaries based on new research or studies as
required, {
B. "Stormwater hotspots" are land development projects that have a high
potential to endanger local water quality and could potentially
threaten groundwater reservoirs. The Municipal Engineer will
determine what constitutes these classifications on a case-by-case
basis. The PADEP wellhead protection contaminant source list shall
be used as a guide in these determinations. Industrial manufacturing
site and hazardous material storage areas must provide NPDES SIC
codes.
2. Performance Standards.
A. The location of the boundaries of sensitive areas is set by drainage
areas tributary to any public water supply. The exact location of these
boundaries as they apply to a given development site shall be
determined using mapping at a scale which accurately defines the
limits of the sensitive area. If the project site is within the sensitive
area (in whole or in part), two-foot contour interval mapping shall be
provided to define the limits of the sensitive area. If the project site is
adjacent to but within 500 linear feet of a defined sensitive area, a
five-foot contour interval map defining the limits of the sensitive area
shall be included in the stormwater management plan to document
the site's location relative to the sensitive area.
(
B. Stormwater hotspot developments may be required to prepare and
implement a stormwater pollution prevention plan and file notice of
intent as required under the provision of the EPA industrial
stormwater NPDES permit requirements.
C. Stormwater hotspot developments must use an acceptable
pretreatment BMP prior to volume control and/or rate control BMPs.
Acceptable pretreatment BMPs for these developments include those
based on filtering, settling, or chemical reaction processes such as
coagulation.
D. Stormwater hotspot developments and development in sensitive areas
must include riparian buffers as defined in Part 6.
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§ 17-401 STORMWATER MANAGEMENT § 17-401
PART 4
EROSION AND SEDIMENTATION STANDARDS:
§ 17-401. Erosion and Sedimentation Requirements During Earth-
Disturbance Activities. [Ord. 261, 3/8/2011]
L The applicant shall meet requirements as contained in 25 Pa. Code,
Chapters 92 and 102, as required and applicable, as follows:
A. The implementation and maintenance of erosion and sediment control
BMPs.
B. Development of written plans.
C. Submission of plans for approval.
D. Obtaining erosion and sediment control and NPDES permits.
E. Maintaining plans and permits on site.
2. Evidence of any necessary plan or permit approval for earth disturbance
activities from PADEP or the Potter County Conservation District must be
provided to the municipality.
3. A copy of the approved erosion and sediment control plan and any other
permit, as required by PADEP or the Potter County Conservation District,
shall be available at the project site at all times if required under Chapter
102.
4, Construction of temporary roadways (e.g.; for utility construction, timber
harvesting, etc.) shall comply with all applicable standards for erosion and
sedimentation control and stream crossing regulations under 25 Pa. Code,
Chapters 102 and 105. The erosion and sedimentation control plan shall be
submitted to the Potter County Conservation District for approval and shall
address the following, as applicable:
A. Design of the roadway system, including haul roads, skid roads,
landing areas, trails, and storage and staging areas.
B. Runoff control structures (¢.g., diversions, culverts, detention ponds,
ete.).
c. Stream crossings for both perennial and intermittent streams.
D. Access to public roadways, including design of a rock construction
entrance for mud and debris control.
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§ 17-401 SHINGLEHOUSE CODE § 17-401
E. A remediation plan for restoring the disturbed area through
regrading, topsoil placement, reseeding, and other stabilization
techniques, as required.
5. Additional erosion and sedimentation control design standards and criteria
that must be applied where infiltration BMPs are proposed include the
following:
A. Areas proposed for infiltration BMPs shall be protected from
sedimentation and compaction during the construction phase as to
maintain their maximum infiltration capacity.
B. Infiltration BMPs shall be protected from receiving sediment-laden
runoff.
C. The source of protection for infiltration BMPs shall be identified (i.e.,
orange construction fence surrounding the perimeter of the BMP).
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§ 17-501 STORMWATER MANAGEMENT § 17-501
PARTS
PROTECTED WATERSHED STANDARDS:
§ 17-501. Protected Watershed Requirements. [Ord. 261, 3/8/2011]
1 For any regulated activity within a protected watershed (high-quality or
exceptional-value), the applicant shall meet requirements as contained in 25
Pa. Code, Chapter 93, as required and applicable.
2. An existing resources and site analysis plan shall be prepared to provide the
developer and the municipality with a comprehensive analysis of existing
conditions, both on the proposed development site and within 500 feet of the
site. Conditions beyond the parcel boundaries may be described on the basis
of existing published data available from governmental agencies and from
aerial photographs. The municipality shall review the plan to assess its
accuracy, conformance with municipal ordinances, and likely impact upon
the natural and cultural resources on the property. The following
information shall be required:
A. A complete current perimeter boundary survey of the property to be
subdivided or developed prepared by a registered surveyor, showing
all courses, distances, and area and tie-ins to all adjacent
intersections.
) B. A vertical aerial photograph, enlarged to a scale not less detailed than
one inch equals 400 feet, with the site boundaries clearly marked.
C. Natural features, including:
(@) Contour lines at intervals of not more than two feet. (Ten-foot
intervals are permissible beyond the parcel boundaries,
interpolated from USGS published maps.) Contour lines shall
be based on information derived from a topographic survey for
the property, evidence of which shall be submitted, including
the date and source of the contours. Datum to which contour
elevations refer and references to known, established
benchmarks and elevations shall be included on the plan.
(2) Steep slopes in the following ranges: 15% to 25%, 25% and
greater. The location of these slopes shall be graphically
depicted by category on the plan. Slope shall be measured over
three or more two-foot contour intervals.
(3) Areas within the floodway, flood fringe, and approximated
floodplain.
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§ 17-501 SHINGLEHOUSE CODE § 17-501
(4) Watercourses, either continuous or intermittent and named or
unnamed, and lakes, ponds or other water features as depicted i
on the USGS Quadrangle Map, most current edition.
(5) Wetlands and wetland margins.
(© Riparian buffers.
(7) Soil types and their boundaries, as mapped by the USDA
Natural Resource Conservation Service, including a table
listing the soil characteristics pertaining to suitability for
construction and, in unsewered areas, for septic suitability.
Alluvial and hydric soils shall specifically be depicted on the
plan.
(8) Existing vegetation, denoted by type, including woodlands,
hedgerows, tree masses, treelines, individual freestanding trees
over six inches DBH, wetland vegetation, pasture or croplands,
orchards, permanent grassland, old fields, and any other
notable vegetative features on the site. Vegetative types shall
be described by plant community, relative age, and condition.
(9) | Any identified Pennsylvania Natural Diversity Inventory
(PNDJ site conflicts.
(10) Geologic formations on the tract, including rock outcroppings,
cliffs, sinkholes, and fault lines, based on available published
information or more detailed data obtained by the applicant.
D. Existing man-made features, including:
(1) Location, dimensions, and use of existing buildings and
driveways.
(2) Location, names, widths, center-line courses, paving widths,
identification numbers, and rights-of-way of existing streets
and alleys.
(3) Location of trails that have been in public use (pedestrian,
equestrian, bicycle, ete).
(4) Location and size of existing sanitary sewage facilities.
(5) Location and size of drainage facilities.
(6) Location of water supply facilities, including wellhead
protection areas.
(7) Any easements, deed restrictions, rights-of-way, or any other
encumbrances upon the land, including location, size, and
ownership.
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§ 17-501 STORMWATER MANAGEMENT § 17-501
(8) Site features or conditions such as hazardous waste, dumps,
underground tanks active and abandoned wells, quarries,
landfills, sand mounds, and artificial land conditions.
E, Total acreage of the tract, the adjusted tract area, where applicable,
and the constrained land area, with detailed supporting calculations.
3. Stormwater Management System Concept Plan. A written and graphic
concept plan of the proposed post-development stormwater management
system shall be prepared and shall include:
A. Preliminary selection and location of proposed structural stormwater
controls.
B. Location of existing and proposed conveyance systems, such as grass
channels, swales, and storm drains.
c. Location of floodplain/floodway limits.
D. Relationship of the site to upstream and downstream properties and
drain-ages.
E. Preliminary location of proposed stream channel modifications, such
as bridge or culvert crossings.
4. Consultation Meeting. Prior to any stormwater management permit
application submission, the landowner or developer shall meet with the
municipality for a consultation meeting on a concept plan for the post-
development stormwater management system to be utilized in the proposed
project. This consultation meeting shall take place at the time of the
preliminary plan or other early step in the development process. The purpose
of this meeting is to discuss the post-development stormwater management
measures necessary for the proposed project, as well as to discuss and assess
constraints, opportunities and potential ideas for stormwater management
designs before the formal site design engineering is commenced.
5. All proposed regulated activities within a protected watershed shall utilize,
to the maximum extent possible, low-impact development practices as
contained in Appendix B.*
A ‘The SWM plan and report shall address the following:
(2) Design using nonstructural BMPs:
(a) Lot configuration and clustering.
[1] Reduced individual lot impacts by concentrated/
clustered uses and lots.
4. Editor's Note: Appendix B is on file in the Borough offices.
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§ 17-501 SHINGLEHOUSE CODE § 17-501
[2] Lots/development configured to avoid critical
natural areas.
[3] Lots/development configured to take advantage of
effective mitigative stormwater practices.
[4] Lots/development configured to fit natural
topography.
(») Minimum Disturbance.
[1] Define disturbance zones (excavation/grading) for
the site and individual lots to protect the
maximum total site area from disturbance.
[2] Barriers/flagging proposed to protect designated
nondisturbance areas.
[3] Considered mitigative practices for minimal
disturbance areas (e.g., soil restoration).
[4] Considered reforestation and revegetation
opportunities.
(© Reduce Impervious Coverage.
[1] Reduced road width. (
[2] Reduced driveway lengths and widths.
[3] _ Reduced parking ratios and sizes.
[4] Utilized porous surfaces for applicable features.
(d) Stormwater Disconnected From Impervious Area.
[1] Disconnected drives/walkways/small impervious
areas to natural areas.
[2] Use rain barrels and/or cisterns for lot irrigation.
(2) Apply structural BMP selection process that meets runoff
quantity and quality needs.
(2) Manage close to source with collection with conveyance
minimized.
(b) Consistent with site factors (e.g., soils, slope, available
space, amount of sensitive areas, pollutant removal
needs).
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§ 17-501 STORMWATER MANAGEMENT § 17-501
(© Minimize footprint and integrate into already disturbed
areas/other building program components (e.g., recharge
beneath parking areas, vegetated roofs).
(@ Consider other benefits such as aesthetic, habitat,
recreational and educational benefits.
(©) BMPs select based on maintenance needs that fit owner/
users.
(© BMPs sustainable using a long-term maintenance plan.
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§ 17-601 STORMWATER MANAGEMENT § 17-601
PART 6
RIPARIAN BUFFER STANDARDS
§ 17-601. Riparian Buffer Requirements. [Ord. 261, 3/8/2011]
1. Where a riparian buffer is required for a regulated activity, the riparian
buffer shall be established as follows:
A The buffer shall be measured perpendicularly from the top of the
stream bank landward.
(1) ~—-High-quality or exceptional-value watersheds: a minimum of
150 feet;
(2) Impaired watersheds: a minimum of 150 feet;
(8) All other watersheds: a minimum of 50 feet; or
(4) As determined by a stream corridor study approved by PADEP
and the municipality.
B. ‘The riparian buffer shall be located on both sides of all perennial and
intermittent streams. The perennial and intermittent streams and the
riparian buffer boundaries shall be shown on all applications for
~ building permits, subdivision, or land development. Existing uses
4 within the buffer are permitted to continue but not be expanded.
Placement of new structures or roadways within the riparian buffer
shall be prohibited. Where a wetland exists within the buffer area, the
buffer shall be extended landward to provide a minimum buffer of 25
feet, as measured perpendicularly from the wetland boundary.
Cc. ‘The buffer shall be undisturbed forest consisting of appropriate native
species.
D. Where wetlands are located partially or entirely within a buffer, the
buffer shall be extended to encompass the wetland and shall be
widened by a distance sufficient to provide a twenty-five-foot forested
buffer, measured perpendicularly from the wetland boundary.
E. ‘The following uses shall be permitted in the buffer:
(2) Footpaths, trails and bike paths, provided that:
(a) — Width is limited to five feet.
(>) Width may be increased, provided that a corresponding
increase in the buffer is provided.
(© Construction shall have minimal impact to the buffer.
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§ 17-601 SHINGLEHOUSE CODE § 17-601
(2) Stream crossings, provided that the crossing is designed and
constructed in such a manner as to minimize the impact to the (
buffer. The riparian buffer shall be restored to its original
condition, to the maximum extent practical, upon completion of
construction.
(3) Utility lines, provided that the crossing is designed and
constructed in such a manner as to minimize the impact to the
inner buffer, and provided that there is no practical alternative
to locating the utility line within the buffer. The riparian buffer
shall be restored to its original condition, to the maximum
extent practical, upon completion of construction.
(4) Maintenance and restoration of the riparian buffer.
(8) Projects conducted with the objective of improvement,
stabilization, restoration, or enhancement of the stream bank,
stream channel, floodplain, watershed hydrology, riparian
buffers, or aquatic habitat and maintenance activities
associated with such projects. These projects include but are
not limited to agricultural and stormwater management best
management practices. Such projects must receive appropriate
permits and approvals from PADEP prior to starting the
project.
(6) Minor private recreational uses for the property owner. Such (
uses include benches, fire rings, and similar uses. Such uses do
not include structures such as cabins, sheds, pavilions, garages,
dwellings or similar structures.
F. Disturbance of the riparian buffer shall be limited to the area
necessary to perform an allowable use.
G. Where possible and practical, disturbances shall be phased, with each
phase restored prior to beginning the next phase.
H. — Allowable activities shall not cause stormwater flow to concentrate.
I. Any vegetation removed for an allowable activity shall be replaced
immediately upon completion of the activity. Where mature trees are
removed, such trees shall be replaced with the largest practical tree of
acceptable native species.
J. Erosion and sediment pollution control shall be installed and
maintained during construction. Evidence of an approved erosion and
sediment control plan, NPDES permit or other PADEP permit, where
required, shall be submitted prior to issuance of local permits.
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§ 17-601 STORMWATER MANAGEMENT § 17-602
- K. Riparian buffers shall be maintained in a manner consistent with
sound forest management practices. In the absence of a site-specific
management plan, the following maintenance guidelines apply:
(2) Buffers shall be inspected periodically for evidence of excessive
sediment deposition, erosion or concentrated flow channels.
Prompt action shall be taken to correct these problems and
prevent future occurrence.
(2) Tvees presenting an unusual hazard of creating downstream
obstructions shall be removed. Such material shall be removed
from the floodplain or the riparian buffer (whichever is widest)
or cut into sections small enough so as to prevent the possibility
of creating obstructions downstream. Wherever possible, large
stable debris should be conserved.
(3) Vegetation should be inspected periodically to ensure diverse
vegetative cover and vigorous plant growth consistent with
buffering objectives.
(a) Remove invasive plant species that may threaten the
integrity of the buffer.
(®) Periodic cutting of trees may be necessary to promote
vigorous growth and encourage regeneration.
(4) Excessive use of fertilizers, pesticides, herbicides, and other
chemicals shall be avoided. These products should be used only
when absolutely necessary to maintain buffer vegetation.
§ 17-602. Riparian Buffer Easement. [Ord. 261, 3/8/2011]
1. For all riparian buffers, an easement shalll be provided.
A. Easements shall be in accordance with § 901 and recorded in
accordance with § 1403 of this chapter.
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§ 17-701 STORMWATER MANAGEMENT § 17-701
PART 7
DESIGN CRITERIA
§ 17-701. Design Criteria for Stormwater Management and Drainage
Facilities. [Ord. 261, 3/8/2011]
1 General Design Guidelines.
A Stormwater shall not be transferred from one watershed to another
unless: the watersheds are subwatersheds of a common watershed
which join together within the perimeter of the property; the effect of
the transfer does not alter the peak rate discharge onto adjacent
lands; or easements from the affected landowner(s) are provided.
B. Consideration shall be given to the relationship of the subject property
to the drainage pattern of the watershed. A concentrated discharge of
stormwater to an adjacent property shall be within an existing
watercourse or confined in an easement or returned to a
predevelopment flow type condition.
Cc. Stormwater BMPs and recharge facilities are encouraged (e.g., rooftop
storage, dry wells, cisterns, recreation area ponding, diversion
structures, porous pavements, holding tanks, infiltration systems, in-
line storage in storm sewers, and grading patterns). They shall be
located, designed, and constructed in accordance with the latest
technical guidance published by PADEP, provided that they are
accompanied by detailed engineering plans and performance
capabilities and supporting site-specific soils, geology, runoff and
groundwater and infiltration rate data to verify proposed designs.
Additional guidance from other sources may be accepted at the
discretion of the Municipal Engineer (a preapplication meeting is
suggested).
D. All existing and natural watercourses, channels, drainage systems
and areas of surface water concentration shall be maintained in their
existing condition unless an alteration is approved by the appropriate
regulatory agency.
E. ‘The design of all stormwater management facilities shall incorporate
sound engineering principles and practices. The municipality shall
veserve the right to disapprove any design that would result in the
continuation or exacerbation of a documented adverse hydrologic or
hydraulic condition within the watershed, as identified in the plan.
F. ‘The design and construction of multiple-use stormwater detention
facilities are strongly encouraged. In addition to stormwater
management, facilities should, where appropriate, allow for
recreational uses, including ballfields, play areas, picnic grounds, etc.
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§ 17-701 SHINGLEHOUSE CODE § 17-701
Consultation with the municipality and prior approval are required
before design. Provision for permanent wet ponds with stormwater
management capabilities may also be appropriate.
(1) Multiple-use basins should be constructed so that potentially
dangerous conditions are not created.
(2) Water quality basins or recharge basins that are designed for a
slow release of water or other extended detention ponds are not
permitted for recreational uses, unless the ponded areas are
clearly separated and secure.
G. Should any stormwater management facility require a dam safety
permit under PADEP Chapter 105, the facility shall be designed in
accordance with Chapter 105 and meet the regulations of Chapter 105
concerning dam safety.
2. Stormwater Management Facility Design Consideration. All stormwater
management facilities shall meet the following design requirements:
A. No outlet structure from a stormwater management facility, or swale,
shall discharge directly onto a municipal or state roadway.
B. The top, or toe, of any slope shall be located a minimum of 10 feet
from any property line.
C. The minimum horizontal distance between any structure and any (
stormwater facility shall be 25 feet. The lowest floor elevation of any
structure constructed immediately adjacent to a detention basin or
other stormwater facility shall be a minimum of two feet above the
100-year water surface elevation.
D. Stormwater management facility bottom (or surface of permanent
pool) elevations must be greater than adjacent floodplain elevations
(FEMA or HECRAS analysis). If no floodplain is defined, bottom
elevations must be greater than existing ground elevations 50 feet
from top of the stream bank in the facilities’ vicinity.
E. Basin outflow culverts discharging into floodplains must account for
tailwater. Tailwater corresponding to the 100-year floodplain
elevation must be used for all design storms, or the applicant may
elect to determine flood elevations of the adjacent watercourse for
each design storm. The floodplain is assumed to be 50 feet from top of
the stream bank in areas where a floodplain is not designated or no
other evidence is provided.
FB ‘The invert of all stormwater management facilities and underground
infiltration/storage facilities shall be located a minimum of two feet
above the seasonal high-groundwater table. The invert of stormwater
facilities may be lowered if adequate subsurface drainage is provided.
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§ 17-701 STORMWATER MANAGEMENT § 17-701
G. Whenever possible, the side slopes and basin shape shall be amenable
to the natural topography. Vertical side slopes and rectangular basins
shall be avoided whenever possible.
iH. Exterior slopes of compacted soil shall not exceed 3:1 and may be
further reduced if the soil has unstable characteristics.
L Interior slopes of the basin shall not exceed 3:1.
J. Unless specifically designed as a volume control facility, all
stormwater management facilities shall have a minimum slope of 1%
extending radially out from the principal outlet structure. Facilities
designed as water quality/infiltration BMPs may have a bottom slope
of zero.
K. Impervious low-flow channels are not permitted within stormwater
management facilities.
L. Unless specifically designed as a volume control or water quality
facility, all stormwater management facilities must empty over a
period of time not less than 24 hours and not more than 72 hours from
the end of the facility's inflow hydrograph. Infiltration tests performed
at the facility locations and proposed basin bottom depths, in
accordance with the BMP Manual, must support time-to-empty
calculations if infiltration is a factor.
M. Energy dissipators and/or level spreaders shall be installed at points
where pipes or drainageways discharge to or from basins. Discharges
to drainage swales shall be dissipated, or piped, to an acceptable
point.
N. Landscaping and planting specifications must be provided for all
stormwater management basins and be specific for each type of basin.
(1) Minimal-maintenance, saturation-tolerant vegetation must _be
provided in basins designed as water quality/infiltration BMPs.
0. A safety fence may be required, at the discretion of the municipality,
for any stormwater management facility. The fence shall be a
minimum of four feet high and of a material acceptable to the
municipality. A gate with a minimum opening of 10 feet shall be
provided for maintenance access.
P. Principal Outlet Structures. The primary outlet structure shall be
designed to pass all design storms (up to and including the 100-year
event) without discharging through the emergency spillway. All
principal outlet structures shall:
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(2) Be constructed of reinforced concrete or an alternative material
approved by the Municipal Engineer. When approved for use, {
all metal risers shall:
(a) Be suitably coated to prevent corrosion.
(b) Have a concrete base attached with a watertight
connection. The base shall be of sufficient weight to
prevent flotation of the riser.
(©) Provide a trash rack or similar appurtenance to prevent
debris from entering the riser.
@ _ Provide an antivortex device, consisting of a thin vertical
plate normal to the basin berm.
(@) Provide trash racks to prevent clogging of primary outflow
structure stages for all orifices equivalent to 12 inches or
smaller in diameter.
(8) Provide outlet aprons and shall extend to the toe of the basin
slope at a minimum.
(4) | Where spillways will be used to control peak discharges in
excess of the ten-year storm, the control weirs shall be
constructed to withstand the pressures of impounded waters
and convey flows at computed outlet velocities without erosion.
Q. Emergency Spillways. Any stormwater management facility designed
to store runoff shall provide an emergency spillway designed to convey
the 100-year post-development peak rate flow with a blocked primary
outlet structure. The emergency spillway shall be designed per the
following requirements:
(1) The top of the embankment elevation shall provide a minimum
of one foot of freeboard above the maximum water surface
elevation. This is to be calculated when the spillway functions
for the 100-year post-development inflow, with a blocked outlet
structure.
(2) Avoid locating on fill areas, whenever possible.
(3) The spillway shall be armored to prevent erosion during the
100-year post-development flow, with a blocked primary outlet
structure.
(@) Synthetic liners or riprap may be used, and calculations
sufficient to support proposed armor must be provided.
An earthen plug must be used to accurately control the
spillway invert if riprap is the proposed armoring
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material. Emergency spillway armor must extend up the
sides of the spillway and continue at full width to a
minimum of 10 feet past the toe of the slope.
(4) The Municipal Engineer may require the use of additional
protection when slopes exceed 4:1 and spillway velocities might
exceed NRCS standards for the particular soils involved.
(5) Any underground stormwater management facility (pipe
storage systems) must have a method to bypass flows higher
than the required design (up to a 100-year post-development
inflow) without structural failure or causing downstream harm
or safety risks.
R. Stormwater Management Basins. Design of stormwater management
facilities having three feet or more of water depth (measured
vertically from the lowest elevation in the facility to the crest of the
emergency spillway) shall meet the following additional requirements:
(1) The maximum water depth within any stormwater
management facility shall be no greater than eight feet when
functioning through the primary outlet structure.
(2) The top of the embankment width shall be at least 10 feet.
(3) A ten-foot-wide access to the basin bottom must be provided
with a maximum longitudinal slope of 10%.
(4) Berms shall be constructed using soils that conform to the
unified soil classification of CH, MH, CL or ML. The
embankments will be constructed in a maximum of six inch
lifts. The lifts will each be compacted to a density of 98% of a
standard proctor analysis, and each layer of compacted fill shall
be tested to determine its density analysis per ASTM 698. Each
layer of compacted fill shall be tested to determine its density
per ASTM 2922 or ASTM 3017.
(5) A cutoff and key trench of impervious material shall be
provided under all embankments four feet or greater in height.
The cutoff trench shall run the entire length of the
embankment and tie into undisturbed natural ground.
(© Antiseep collars, or a PADEP-approved alternative, must be
provided on all outflow culverts in accordance with the
methodology contained in the latest edition of the PADEP E&S
Manual. An increase in seepage length of 15% must be used in
accordance with the requirements for permanent antiseep
collars.
s. Construction of Stormwater Management Facilities.
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(1) Basins used for rate control only shall be installed prior to or
concurrent with any earthmoving or land disturbances which (
they will serve. The phasing of their construction shall be noted
in the narrative and on the plan.
(2) Basins that include water quality or recharge components shall
have those components installed in such a manner as to not
disturb or diminish their effectiveness.
(3) | Compaction test reports shall be kept on file at the site and be
subject to review at all times, with copies being forwarded to
the Municipal Engineer upon request.
(4) | Temporary and permanent grasses or stabilization measures
shall be established on the sides and base of all earthen basins
within 15 days of construction.
Tv. Exceptions to these requirements may be made at the discretion of the
municipality for BMPs that retain or detain water but are of a much
smaller scale than traditional stormwater management facilities.
3. Stormwater-Carrying Facilities.
A All storm sewer pipes, grass waterways, open channels, swales and
other stormwater-carrying facilities that service drainage areas within
the site must be able to convey post-development runoff from the ten-
year design storm.
B. Stormwater management facilities that convey off-site water through
the site shall be designed to convey the twenty-five-year storm event
(or larger events, as determined by the Municipal Engineer).
Cc. All developments shall include provisions that allow for the overland
conveyance and flow of the post-development 100-year storm event
without damage to public or private property.
D. Storm Sewers.
(1) Storm sewers must be able to convey post-development runoff
without surcharging inlets for the ten-year storm event.
(2) When connecting to an existing storm sewer system, the
applicant must demonstrate that the proposed system will not
exacerbate any existing stormwater problems and that
adequate downstream capacity exists,
(3) Inlets, manholes, pipes, and culverts shall be constructed in
accordance with the specifications set forth in PennDOT's
Publication 408 and as detailed in PennDOT's Publication 72M,
Standards for Roadway Construction (RC), or other detail
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§ 17-701 STORMWATER MANAGEMENT § 17-701
approved by the Municipal Engineer. All material and
construction details (inlets, manholes, pipe trenches, etc.) must
be shown on the SWM site plan and a note added that all
construction must be in accordance with PennDOT‘s
Publication 408 and PennDOT’s Publication 72M, latest edition.
A note shall be added to the plan stating that all frames,
concrete top units, and grade adjustment rings shall be set in a
bed of full mortar according to Publication 408.
(4) A minimum pipe size of 18 inches in diameter shall be used in
all roadway systems (public or private) proposed for
construction in the municipality. Pipes shall be designed to
provide a minimum velocity of 2 1/2 feet per second when
flowing full; but in all cases the slope shall be no less than
0.5%. Arch pipe of equivalent cross-sectional area may be
substituted in lieu of circular pipe where cover or utility conflict
conditions exist.
(5) All storm sewer pipes shall be laid to a minimum depth of one
foot from the subgrade to the crown of the pipe.
(©) In curbed roadway sections, the maximum encroachment of
water on the roadway pavement shall not exceed half of a
through travel lane or one inch less than the depth of curb
during the ten-year design storm of five-minute duration.
Gutter depth shall be verified by inlet capture/capacity
calculations that account for road slope and opening area.
(a) _ Inlets shall be placed at a maximum of 600 feet apart.
(») Inlets shall be placed so drainage cannot cross
intersections or street center lines.
(7) Standard Type C inlets with eight-inch hoods shall be used
along curbed roadway networks. Type C inlets with ten-inch
hoods that provide a two-inch sump condition may be used with
approval of the Municipal Engineer when roadway longitudinal
slopes are 1.0% or less.
(8) For inlets containing a change in pipe size, the elevation for the
crown of the pipes shall be the same, or the smaller pipe's
crown shall be at a higher elevation.
(9) All inlets shall provide a minimum two-inch drop between the
lowest inlet pipe invert elevation and the outlet pipe invert
elevation.
(10) On curbed sections, a double inlet shall be placed at the low
point of sag vertical curves, or an inlet shall be placed on-each
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§ 17-701 SHINGLEHOUSE CODE § 17-701
side of the low point at a distance not to exceed 100 feet, or at
an elevation not to exceed 0.2 foot above the low point.
(11) At all roadway low points, swales and easements shall be
provided behind the curb or swale and through adjacent
properties to channelize and direct any overflow of stormwater
runoff away from dwellings and structures.
(12) All inlets in paved areas shall have heavy-duty bicycle-safe
grating. A note to this effect shall be added to the SWM site
plan or inlet details therein.
(13) Inlets must be sized to accept the specified pipe sizes without
Imocking out any of the inlet corners. All pipes entering or
exiting inlets shall be cut flush with the inside wall of the inlet.
A note to this effect shall be added to the SWM site plan or
inlet details therein. .
(14) Inlets shall have weep holes covered with geotextile fabric
placed at appropriate elevations to completely drain the
subgrade prior to placing the base and surface course on
roadways.
(15) Inlets, junction boxes, or manholes greater than five feet in
depth shall be equipped with ladder rungs and shall be detailed
on the SWM site plan.
(16) Inlets shall not have a sump condition in the bottom (unless
designed as a water quality BMP). Pipe shall be flush with the
bottom of the box, or concrete channels shall be poured.
(17) Accessible drainage structures shall be located on a continuous
storm sewer system at all vertical dislocations, at all locations
where a transition in storm sewer pipe sizing is required, at all
vertical and horizontal angle points exceeding 5°, and at all
points of convergence of two or more storm sewer pipes.
(18) All storm drainage piping shall be provided with either
reinforced-conerete headwalls or end sections compatible with
the pipe size involved at its entrance and discharge.
(19) Outlet protection and energy dissipaters shall be provided at all
surface discharge points in order to minimize erosion consistent
with the B&S Manual.
(@) Flow velocities and volumes from any storm sewer shall
not result in a degradation of the receiving channel.
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§ 17-701 STORMWATER MANAGEMENT § 17-702
(20) Stormwater roof drains and pipes shall not be connected to
storm sewers or discharge onto impervious areas without
approval by the Municipal Engineer.
E. — Swale-Conveyance Facilities.
(2) Swales must be able to convey post-development runoff from a
ten-year design storm with six inches of freeboard to top of the
swale.
(2) Swales shall have side slopes no steeper than 3:1.
(8) All swales shalll be designed, labeled on the SWM site plan, and
details provided to adequately construct and maintain the
design dimension of the swales.
(4) Swales shall be designed for stability using velocity or shear
criteria. Velocity criteria may be used for channels with less
than 10% slope. Shear criteria may be used for all swales.
Documentation must be provided to support velocity and/or
shear limitations used in calculations.
(5) Where swale bends occur, the computed velocities or shear
stresses shall be multiplied by the following factor for the
purpose of designing swale erosion protection:
(@) When the swale bend is 30° to 60°: 1.75.
) When the swale bend is 60° to 90°: 2.00.
(© When the swale bend is 90° or greater: 2.50.
(6) Manning's "n” values used for swale capacity design must
reflect the permanent condition.
§ 17-702. Calculation Methodology. [Ord. 261, 3/8/2011]
1. All calculations shall be consistent with the guidelines set forth in the BMP
Manual, as amended herein.
2, Stormwater runoff from all development sites shall be calculated using
either the Rational Method or the NRCS Rainfall-Runoff Methodology.
Methods shall be selected by the design professional based on the individual
limitations and suitability of each method for a particular site.
3. Rainfall Values.
A. Rational Method. The Pennsylvania Department of Transportation
Drainage Manual, Intensity-Duration-Frequency Curves, Publication
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§.17-702 SHINGLEHOUSE CODE § 17-702
584, Chapter 7A, latest edition, shall be used in conjunction with the
appropriate time-of-concentration and return period.
B. NRCS Rainfall-Runoff Method. The Soil Conservation Service Type II,
twenty-four-hour rainfall distribution shall be used in conjunction
with rainfall depths from NOAA Atlas 14 or be consistent with the
following table:
Return Interval 24-Hour Rainfall Total
: (years) (inches)
i 1 2.13
2 2.56 i
i 10 3.71 i
i 25 4.46 i
50 5.09 '
100 5.76
4, Runoff Volume.
A. — Rational Method. This method is not to be used to calculate runoff,
volume.
B. NRCS Rainfall-Runoff Method. This method shall be used to estimate {
the change in volume due to regulated activities. Combining curve
numbers for land areas proposed for development with curve numbers
for areas unaffected by the proposed development into a single
weighted curve number is not acceptable.
5. Peak Flow Rate.
A. Rational Method. This method may be used for design of conveyance
facilities only. Extreme caution should be used by the design
professional if the watershed has more than one main drainage
channel, if the watershed is divided so that hydrologic properties are
significantly different in one versus the other, if the time of
concentration exceeds 60 minutes, or if stormwater runoff volume is
an important factor. The combination of Rational Method hydrographs
based on timing shall be prohibited.
B. NRCS Rainfall-Runoff Method.
(@) This method is recommended for design of stormwater
management facilities and where stormwater runoff volume
must be taken into consideration. The following provides
guidance on the model applicability:
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§ 17-702 STORMWATER MANAGEMENT § 17-702
(a) | NRCS's TR-55: limited to 100 acres in size.
(») — NRCS's TR-20 or HEC-HMS: no size limitations.
(c) Other models as preapproved by the Municipal Engineer.
(2) The NRCS Antecedent Runoff Condition Il (ARC II, previously
AMC II) must be used for all simulations. The use of
continuous simulation models that vary the ARC is not
permitted for stormwater management purposes.
Cc. For comparison of peak flow rates, flows shall be rounded to a tenth of
a cubic foot per second (cfs).
6. Runoff Coefficients.
A. — Rational Method. Use Table C-1 (Appendix C).*
B. NRCS Rainfall-Runoff Method. Use Table C-2 (Appendix C). Curve
numbers (CN) should be rounded to tenths for use in hydrologic
models as they are a design tool with statistical variability. For large
sites, CNs should realistically be rounded to the nearest whole
number.
©. For the purposes of predevelopment peak flow rate and volume
determination, existing nonforested pervious area conditions shall be
considered as "meadow" (good condition).
D. For the purposes of predevelopment peak flow rate and volume
determination, 20% of existing impervious area, when present, shall
be considered "meadow" (good condition).
7. Design Storm.
A All stormwater management facilities shall be verified by routing the
proposed one-year, two-year, ten-year, twenty-five-year, fifty-year, and
100-year hydrographs through the facility using the Storage
Indication Method or Modified Puls Method. The design storm
hydrograph shall be computed using a calculation method that
produces a full hydrograph.
B. ‘The stormwater management and drainage system shall be designed
to safely convey the post-development 100-year storm event to
stormwater detention facilities for the purpose of meeting peak rate
control.
Cc. All structures (culverts or bridges) proposed to convey runoff under a
municipal road shall be designed to pass the fifty-year design storm
5, Editor's Note: Appendix C is on file in the Borough offices.
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§ 17-702 SHINGLEHOUSE CODE § 17-702
with a minimum of one foot of freeboard measured below the lowest
point along the top of the roadway. (
8 Time of Concentration.
A. The time of concentration is to represent the average condition that
best reflects the hydrologic response of the area. The following time of
concentration (T,) computational methodologies shall be used, unless
another method is preapproved by the Municipal Engineer:
(2) Predevelopment: NRCS's Lag Equation:
+1)”
Tag = we
i" 190007
Where:
Ty = ‘Lag time (hours).
L = _ Hydraulic length of watershed (feet).
Y = _ Average overland slope of watershed
(percent).
S = Maximum retention in watershed as defined
by: S = [(1000/CN) - 10}.
CN = _ NRCS curve number for watershed. /
(®) Post-development; commercial, industrial, or other areas with
large impervious areas (>20% impervious area); NRCS
Segmental Method. The length of sheet flow shall be limited to
100 feet. T, for channel and pipe flow shall be computed using
Manning's Equation.
(3) Post-development; residential, cluster, or other low-impact
designs less than or equal to 20% impervious area: NRCS Lag
Equation or NRCS Segmental Method.
B. Additionally, the following provisions shall apply to calculations for
time of concentration:
(2) The post-development 1, shall never be greater that the
predevelopment TT, for any watershed or subwatershed. This
includes when the designer has specifically used swales to
reduce flow velocities. In the event that the designer believes
that the post-development T, is greater, it will still be set by
default equal to the predevelopment T, for modeling purposes.
@ The minimum T, for any watershed shall be five minutes.
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§ 17-702 STORMWATER MANAGEMENT § 17-703
(3) The designer may choose to assume a five-minute T, for any
post-development watershed or subwatershed without
providing any computations.
(4) The designer must provide computations for all predevelopment
T, paths. A five-minute T, cannot be assumed for
predevelopment.
(5) | Undetained fringe areas (areas that are not tributary to a
stormwater facility but where a reasonable effort has been
made to convey runoff from all new impervious coverage to best
management practices) may be assumed to represent the
predevelopment conditions for purpose of T, calculation.
9. Drainage areas tributary to sinkholes or closed depressions in areas
underlain by limestone or carbonate geologic features shall be excluded from
the modeled point of analysis defining predevelopment flows. If left
undisturbed during construction activities, areas draining to closed
depressions may also be used to reduce peak runoff rates in the post-
development analysis. New, additional contributing runoff should not be
directed to existing sinkholes or closed depressions.
10. Where uniform flow is anticipated, Manning's Equation shall be used for
hydraulic computations and to determine the capacity of open channels,
pipes, and storm sewers. Manning's Equation should not be used for analysis
of pipes under pressure flow or for analysis of culverts. Manning's "n" values
} shall be obtained from PennDOT's Drainage Manual, Publication 584. Inlet
control shall be checked at all inlet boxes to ensure the headwater depth
during the ten-year design event is contained below the top of the grate for
each inlet box.
11. The municipality may approve the use of any generally accepted full
hydrograph approximation technique that shall use a total runoff volume
that is consistent with the volume from a method that produces a full
hydrograph.
12. The municipality has the authority to require that computed existing runoff’
rates be reconciled with field observations, conditions and site history. If the
designer can substantiate, through actual physical calibration, that more-
appropriate runoff and time-of-concentration values should be utilized at a
particular site, then appropriate variations may be made upon review and
recommendation of the municipality.
§ 17-703. Downstream Hydraulic Capacity Analysis. [Ord. 261, 3/8/2011]
1 Any downstream or off-site hydraulic capacity analysis conducted in
accordance with this chapter shall use the following criteria for determining
adequacy:
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§ 17-703 SHINGLEHOUSE CODE § 17-703
A Natural or man-made channels or swales must be able to convey the
post-development runoff associated with a ten-year return period (
event within their banks at velocities consistent with protection of the
channels from erosion. Acceptable velocities shall be based upon
criteria included in the PADEP Erosion and Sediment Pollution
Control Program Manual.
B. Natural or man-made channels or swales must be able to convey the
post-development twenty-five-year return period runoff without
creating any hazard to persons or property.
Cc. Culverts, bridges, storm sewers or any other facilities which must
pass or convey flows from the tributary area must be designed in
accordance with PADEP Chapter 105 regulations (if applicable) and,
at a minimum, pass the post-development twenty-five-year return
period runoff,
D. It must be demonstrated that the downstream conveyance channel,
other stormwater facilities, roadways, or overland areas must be
capable of safely conveying the 100-year design storm without causing
additional damage to buildings or other infrastructure.
E. Where the downstream conveyance channel or other facility is located
within a special flood hazard area (as documented on the Flood
Insurance Rate Map), it must be demonstrated that the limits of said
flood hazard area are not increased by the proposed activity. (
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§ 17-801 STORMWATER MANAGEMENT § 17-802
PART 8
SWM SITE PLAN AND REPORT REQUIREMENTS
§ 17-801. General Requirements. [Ord. 261, 3/8/2011]
For any of the activities regulated by this chapter and not eligible for the
exemptions provided in § 302, the final approval of subdivision and/or land
development plans, the issuance of any building or occupancy permit, or the
commencement of any land disturbance activity may not proceed until the applicant
has received written approval of an SWM site plan from the municipality.
§ 17-802. SWM Site Plan and Report Contents. (Ord. 261, 8/8/2011]
1. ‘The SWM site plan and SWM site report shall consist of all applicable
calculations, maps, and plans. All SWM site plan materials shall be
submitted to the municipality in a format that is clear, concise, legible, neat,
and well organized; otherwise, the SWM site plan shall be rejected.
2. Appropriate sections from the Municipal Subdivision and Land Development
Ordinance [Chapter 22], and other applicable local ordinances, shall be
followed in preparing the SWM site plan.
A. ‘The SWM site plan shall include but not be limited to:
(1) Plans shall be of one size and in a form that meets the
requirements for recording in the office of the Recorder of
Deeds of Potter County.
(@) Scale:
(1) Plans for tracts of less than 20 acres: one inch
equals 50 feet or less.
[2] Plans for tracts of 20 acres or more: no greater
than one inch equals 100 feet.
(b) All lettering and details shall be drawn to a size to be
legible if the plans are reduced to half size.
(2) The name of the development; name and location address of the
property site; name, address, and telephone number of the
applicant/owner of the property; and name, address, telephone
number, e-mail address, and engineering seal of the individual
preparing the SWM site plan.
(8) The date of submission and dates of all revisions.
(4) A graphical and written scale on all drawings and maps. ~~
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§ 17-802 SHINGLEHOUSE CODE § 17-802
(© ANorth arrow on all drawings and maps.
(6) A location map, at a minimum scale of one inch equals 1,000
feet, and which illustrates the project relative to highways,
municipalities or other identifiable landmarks.
(7) A metes and bounds description of the entire tract perimeter.
(8) Existing and final contours at intervals:
(a) Slopes less than 5%: no greater than one foot.
(®) — Slopes between 5% and 15%: no greater than two feet.
© Steep slopes (greater than 15%): five-foot contour
intervals may be used.
(9) Perimeters of existing water bodies within the project area,
including stream banks, lakes, ponds, springs, field-delineated
wetlands or other bodies of water, sinkholes, flood hazard
boundaries (FEMA-delineated floodplains and floodways), areas
of natural vegetation to be preserved, the total extent of the
upstream area draining through the site, and overland
drainage paths. In addition, any areas necessary to determine
downstream impacts, where required for proposed stormwater
management facilities, must be shown.
(
(10) The location of all existing and proposed utilities, on-lot
wastewater facilities, water supply wells, sanitary sewers, and
waterlines on and within 50 feet of property lines, including
inlets, manholes, valves, meters, poles, chambers, junction
boxes, and other utility system components.
(1D) A key map showing all existing man-made features beyond the
property boundary that may be affected by the project.
(12) Soil names and boundaries with identification of the hydraulic
soil group classification, including rock outcroppings.
(18) Proposed impervious surfaces (structures, roads, paved areas,
and buildings), including plans and profiles of roads and paved
areas and floor elevations of buildings.
(14) Existing and proposed land use(s).
(15) Horizontal alignment, vertical profiles, and cross sections of all
open channels, pipes, swales and other BMPs.
(16) The location and clear identification of the nature of permanent
stormwater BMPs.
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§ 17-802 STORMWATER MANAGEMENT § 17-802
(17) The location of all erosion and sedimentation control facilities,
shown on a plan separate from the SWM site plan (typically an
E&S plan).
(18) A minimum twenty-foot-wide access easement around all
stormwater management facilities that would provide ingress
to and egress from a public right-of-way. In lieu of providing an
easement to the public right-of-way, a note may be added to the
plan granting the municipality or its designees access to all
easements via the nearest public right-of-way.
(19) Construction details for all drainage and stormwater BMPs.
(20) Identification of short-term and long-term ownership,
operations, and maintenance responsibilities.
(21) Notes and Statements.
(a) A statement, signed by the landowner, acknowledging
that the stormwater BMPs are fixtures that cannot be
altered or removed without prior approval by the
municipality.
(b) A statement referencing the operation and maintenance
(O&M) agreement and stating that the O&M agreement
is part of the SWM site plan.
() A note indicating that record drawings will be provided
for all stormwater facilities prior to occupancy or the
release of the surety bond.
(@® The following signature block for the registered
professional preparing the stormwater management
plan:
“I, ___, hereby certify that the stormwater
management plan meets all design standards and
criteria of Shinglehouse Borough's Stormwater
Management Ordinance.”
(® The following signature block for the Municipal Engineer
reviewing the stormwater management plan:
"lL, , have reviewed this stormwater
management plan in accordance with the design
standards and criteria of Shinglehouse Borough's
Stormwater Management Ordinance."
B. The SWM site report shall include (but not be limited to):
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§ 17-802 SHINGLEHOUSE CODE § 17-802
(General data, including:
(a) Project name.
(&) Project location: address of the property site.
(© The name, address, and telephone number of the
applicant/owner of the property.
(@ The name, address, telephone number, e-mail address,
and engineering seal of the individual preparing the
SWM site report.
(©) The date of submission and revisions.
(2) Project description narrative that clearly discusses the project
and provides the following information:
(2) Narrative:
(1) Statement of the regulated activity, describing
what is being proposed.
[2] Overall stormwater management concept with
description of permanent —_ stormwater
management techniques, including construction
specifications and materials to be used for (
stormwater management facilities.
[3] Expected project schedule.
[4] Location map showing the project site and its
location relative to release rate districts.
[5] Detailed description of the existing site conditions,
including a site evaluation completed for projects
proposed in areas of carbonate geology or karst
topography, and other environmentally sensitive
areas such as brownfields.
[6] Total site area, pre and post, which must be equal
or have an explanation as to why it is not.
[7] Total site impervious area.
[8] Total off-site areas.
(9] Number and description of —_ stormwater
management facilities.
{10] ‘Type of development.
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§ 17-802 STORMWATER MANAGEMENT § 17-802
[11] Pre-development land use.
[12] Whether the site is a water-quality-sensitive
(WQS) development.
[13] Whether the site is in a defined sensitive area.
[14] Types of water quality and recharge systems used,
if applicable.
[15] Complete hydrologic, hydraulic, and structural
computations for all stormwater management
facilities.
{16} A written maintenance plan for all stormwater
features, including detention facilities and other
stormwater management elements.
[17] Identification of ownership and maintenance
responsibility for all permanent stormwater
management facilities.
[18] Other pertinent information, as required.
(b) Summary Tables:
[1] Predevelopment hydrologic soil group (HSG)
. assumptions, curve numbers (CN), computation of
average slope, hydraulic length, and computed
time of concentration.
[2] Existing conditions runoff volume and peal rate
of runoff.
[3] Post-development runoff volume and peak rate of
runoff.
[4] Undetained areas, areas to ponds.
[5] Land use for each subarea.
[6] Hydrologic soil group (HSG) assumptions, curve
numbers (CN).
[7] Time of concentration computed for each subarea.
[8] Post-development peak rate of runoff routed to
ponds and out.
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§ 17-802 SHINGLEHOUSE CODE § 17-802
[9] Pond maximum return period design data,
including maximum water surface elevation, berm (
elevation, and emergency spillway elevation.
[10] Water quality depth and volume requirements.
(© — Caleulations:
[1] Complete hydrologic, hydraulic and structural
computations, calculations, assumptions, and
criteria for the design of all stormwater BMPs.
(2] Details of the berm embankment and outlet
structure indicating the embankment top
elevation, embankment side slopes, top width of
embankment, emergency spillway elevation,
perforated riser dimensions, pipe barrel
dimensions and dimensions and spacing of
antiseep collars.
[3] Design computations for the control structures
(pipe barrel and riser, etc.).
[4] A plot or table of the stage-storage (volume vs,
elevation) and all supporting computations.
[5] Routing computations. (
(@) Drawings:
(1] Drainage area maps for all watersheds and inlets,
depicting the time-of-concentration path for both
existing conditions and post-developed condition.
[2] All stormwater management facilities must be
located on a plan and described in detail,
including easements and buffers boundaries.
(3) Reports that do not clearly indicate the above information may
be rejected for review by the municipality and will be returned
to the applicant.
(4) A description of, justification, and actual field results for
infiltration testing with respect to the type of test and test
location for the design of infiltration BMPs.
(5) The effect of the project (in terms of runoff volumes, water
quality, and peak flows) on surrounding properties and aquatic
features and on any existing municipal stormwater collection
system that may receive runoff from the project site.
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§ 17-802 STORMWATER MANAGEMENT § 17-808
(© A description of the proposed changes to the land surface and
vegetative cover, including the type and amount of impervious
area to be added.
(1) Identification of short-term and long-term ownership,
operation, and maintenance responsibilities as well as
schedules and costs for inspection and maintenance activities
for each permanent stormwater or drainage BMP, including
provisions for permanent access or maintenance easements.
C. Supplemental information to be provided prior to recording of the
SWM site plan, as applicable:
@) A signed and executed operations and maintenance agreement
(Appendix A).*
(@) A signed and executed easements, as required for all on-site
and off-site work.
(8) An erosion and sedimentation control plan and approval letter
from the Potter County Conservation District.
(4 An NPDES permit.
(©) Permits from PADEP and ACOE.
(© A geologic assessment.
(7) A soils investigation report, including boring logs, compaction
requirements, and recommendations for construction of
detention basins.
(8) A highway occupancy permit from PennDOT when utilization
of a PennDOT storm drainage system is proposed or when
proposed facilities would encroach onto a PennDOT right-of-
way.
§ 17-803. SWM Site Plan and Report Submission. [Ord. 261, 3/8/2011]
1. The applicant shall submit the SWM site plan and report for the regulated
activity.
2. Five copies of the SWM site plan and report shall be submitted and be
distributed as follows:
A. Two copies to the municipality, accompanied by the requisite executed
review fee reimbursement agreement, as specified in this chapter.
6. Editor's Note: Appendix A is on file in the Borough offices.
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§ 17-803 SHINGLEHOUSE CODE § 17-806
B. One copy to the Municipal Engineer.
Cc. One copy to the Potter County Planning Department.
D. One copy to the Potter County Conservation District.
3. Additional copies shall be submitted as requested by the municipality or
PADEP.
§ 17-804. SWM Site Plan and Report Review. [Ord. 261, 3/8/2011]
1 The municipality shall require receipt of a complete SWM site plan and
report as specified in this chapter. The municipality shall review the SWM
site plan and report for consistency with the purposes, requirements, and
intent of this chapter.
2 The municipality shall not approve any SWM site plan and report that is
deficient in meeting the requirements of this chapter. At its sole discretion
and in accordance with this Part 8, when an SWM site plan and report is
found to be deficient, the municipality may disapprove the submission and
require a resubmission, or in the case of minor deficiencies, the municipality
may accept submission of modifications.
3. The municipality shall notify the applicant in writing, within 45 calendar
days, of whether the SWM site plan and report is approved or disapproved if
the SWM site plan and report is not part of a subdivision or land (
development plan. If the SWM site plan and report involves a subdivision or
land development plan, the timing shall follow the subdivision and land
development process according to the Municipalities Planning Code.
4 The Municipal Building Permit Office shall not issue a building permit for
any regulated activity if the SWM site plan and report has been found to be
inconsistent with this chapter, as determined by the municipality. All
required permits from PADEP must be obtained prior to issuance of a
building permit.
§ 17-805. Modification of Plans. [Ord. 261, 3/8/2011]
A modification to a submitted SWM site plan and report for a development site that
involves a change in stormwater management facilities or techniques, or that
involves the relocation or redesign of stormwater management facilities, or that is
necessary because soil or other conditions are not as stated on the SWM site plan as
determined by the municipality, shall require a resubmission of the modified SWM
site plan in accordance with this chapter.
§ 17-806. Resubmission of Disapproved SWM Site Plan and Report. [Ord.
261, 3/8/2011)
A disapproved SWM site plan and report may be resubmitted, with the revisions
addressing the municipality's concerns documented in writing, to the municipality f
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§ 17-806 STORMWATER MANAGEMENT § 17-808
7 in accordance with this chapter. The applicable municipal review fee must
accompany a resubmission of a disapproved SWM site plan and report.
§ 17-807. Authorization to Construct and Term of Validity. [Ord. 261, 3/8/
2011)
The municipality's approval of an SWM site plan and report authorizes the
regulated activities contained in the SWM site plan for a maximum term of validity
of five years following the date of approval. The municipality may specify a term of
validity shorter than five years in the approval for any specific SWM site plan.
Terms of validity shall commence on the date the municipality signs the approval
for an SWM site plan. If stormwater management facilities included in the
approved SWM site plan have not been constructed, or if a record drawing of these
facilities has not been approved within this time, then the municipality may
consider the SWM site plan disapproved and may revoke any and all permits or
approvals.
§ 17-808. Record Drawings, Completion Certificate and Final Inspection.
[Ord. 261, 3/8/2011]
1. ‘The applicant shall be responsible for providing record drawings of all
stormwater BMPs included in the approved SWM site plan. The record
drawing and an explanation of any discrepancies with the approved SWM
site plan shall be submitted to the municipality as a prerequisite for the
release of the guaranty or issuance of an occupancy permit.
2. The record drawing shall include a certification of completion signed by a
qualified professional verifying that all permanent stormwater BMPs have
been constructed according to the approved SWM site plan and report.
‘A. Drawings shall show all approved revisions and elevations and inverts
to all manholes, inlets, pipes, and stormwater control facilities.
3. After receipt of the record drawing and certification of completion by the
municipality, the municipality may conduct a final inspection.
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§ 17-901 STORMWATER MANAGEMENT § 17-901
PART 9
EASEMENTS
§ 17-901. Easements. [Ord. 261, 3/8/2011]
1. Easements shall be established to accommodate the existence of
drainageways.
2. Where a tract is traversed by a watercourse, drainageway, channel or
stream, there shall be provided an easement paralleling the line of such
watercourse, drainageway, channel or stream with a width adequate to
preserve the unimpeded flow of natural drainage in the 100-year floodplain.
3. Easements shall be established for all on-site stormwater management or
drainage facilities, including but not limited to detention facilitates (above or
below ground), infiltration facilities, all stormwater BMPs, drainage swales,
and drainage facilities (inlets, manholes, pipes, etc.).
4, Easements are required for all areas used for off-site stormwater control.
5, All easements shall be a minimum of 20 feet wide and shall encompass the
10-year surface elevation of the proposed stormwater facility.
~ 6. Easements shall provide ingress to, and egress from, a public right-of-way.
In lieu of providing an easement to the public right-of-way, a note may be
added to the plan granting the municipality or its designees access to all
easements via the nearest public right-of-way able for vehicle ingress and
egress on grades of less than 10% for carrying out inspection or maintenance
activities.
7. Where possible, easements shall be centered on side and/or rear lot lines.
8. Nothing shall be planted or placed within the easement which would
adversely affect the function of the easement or conflict with any conditions
associated with such easement.
9. All easement agreements shall be recorded with a reference to the recorded
easement indicated on the site plan. The format and content of the easement
agreement shall be reviewed and approved by the Municipal Engineer and
Solicitor.
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§ 17-1001 STORMWATER MANAGEMENT § 17-1002
PART 10
MAINTENANCE RESPONSIBILITIES
§ 17-1001. Financial Guaranty. [Ord. 261, 3/8/2011]
1. The applicant shall provide a financial guaranty to the municipality for the
timely installation and proper construction of all stormwater management
controls as required by the approved SWM site plan and this chapter, equal
to 110% of the full construction cost of the required controls in accordance
with the Municipalities Planning Code.
2. At the completion of the project and as a prerequisite for the release of the
financial guaranty, the applicant shall:
A. Provide a certification of completion from an engineer, architect,
surveyor or other qualified person, verifying that all permanent
facilities have been constructed according to the SWM site plan and
report and approved revisions thereto.
B. Provide a set of record drawings.
C. Request a final inspection from the municipality, to certify compliance
with this chapter, after receipt of the certification of completion and
record drawings by the municipality.
§ 17-1002. Maintenance Responsibilities. [Ord. 261, 3/8/2011]
1. The SWM site plan and report for the project site shall describe the future
operation and maintenance responsibilities. The operation and maintenance
description shall outline required routine maintenance actions and schedules
necessary to ensure proper operation of the stormwater control facilities.
2, The SWM site plan and report for the project site shall establish
responsibilities for the continuing operation and maintenance of all proposed
stormwater control facilities, consistent with the following principles:
A. Ifa development consists of structures or lots that are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the municipality, stormwater control facilities/
BMPs may also be dedicated to and maintained by the municipality.
B. If a development site is to be maintained in single ownership or if
sewers and other public improvements are to be privately owned and
maintained, then the ownership and maintenance of stormwater
control facilities/BMPs shall be the responsibility of the owner or
private management entity.
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§ 17-1002 SHINGLEHOUSE CODE § 17-1003
con Facilities, areas, or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as. (
deed restrictions or easements that run with the land.
D. ‘The SWM site plan and report shall be recorded as a restrictive deed
covenant that runs with the land.
E. The municipality may take enforcement actions against an applicant
for failure to satisfy any provision of this chapter.
3. The municipality, upon recommendation of the Municipal Engineer, shall
make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. The municipality
may require dedication of such facilities as part of the requirements for
approval of the SWM site plan. Such requirement is not an indication that
the municipality will accept the facilities. The municipality reserves the
right to accept or reject the ownership and operating responsibility for any
portion of the stormwater management controls.
4. If the municipality accepts ownership of stormwater BMPs, the municipality
may, at its discretion, require a fee from the applicant to the municipality to
offset the future cost of inspections, operations, and maintenance.
5 Té shall be unlawful to alter or remove any permanent stormwater BMP
required by an approved SWM site plan, or to allow the property to remain
in a condition which does not conform to an approved SWM site plan, unless
the municipality grants an exception in writing.
§ 17-1003. Maintenance Agreement for Privately Owned Stormwater
Facilities. [Ord. 261, 3/8/2011]
L Prior to final approval of the SWM site plan and report, the applicant shall
sign the operation and maintenance (O&M) agreement (Appendix A)’
covering all stormwater control facilities that are to be privately owned. The
operation and maintenance (O&M) agreement shall be recorded with the
SWM site plan and made a part hereto.
2. Other items may be included in the operation and maintenance (O&M)
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all BMP facilities. The operation and
maintenance (O&M) agreement shall be subject to the review and approval
of the municipality and the Municipal Solicitor.
3. The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the operation and maintenance (O&M)
agreement, the municipality may perform the services required and charge
7. Editor's Note: Appendix A is on file in the Borough offices.
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§ 17-1008 STORMWATER MANAGEMENT § 17-1008
the owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
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§ 17-1101 STORMWATER MANAGEMENT § 17-1102
PART 11
INSPECTIONS
§ 17-1101. Schedule of Inspections. [Ord. 261, 3/8/2011]
1 PADEP or its designees normally ensure compliance with any permits
issued, including those for stormwater management. In addition to PADEP
compliance programs, the municipality or its municipal assignee may inspect
all phases of the installation of temporary or permanent stormwater
management facilities.
2. During any stage of earth disturbance activities, if the municipality
determines that the stormwater management facilities are not being
installed in accordance with the approved SWM site plan, the municipality
shall revoke any existing permits or approvals until a revised SWM site plan
is submitted and approved as specified in this chapter.
3. Stormwater BMPs shall be inspected by the landowner, or the landowner's
designee, according to the inspection schedule described on the SWM site
plan for each BMP.
A. ‘The municipality may require copies of the inspection reports, in a
form as stipulated by the municipality.
Cc) B. If such inspections are not conducted or inspection reports not
submitted as scheduled, the municipality, or its designee, may conduct
such inspections and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
(1) Prior to conducting such inspections, the municipality shall
inform the owner of its intent to conduct such inspections. The
owner shall be given 30 days to conduct required inspections
and submit the required inspection reports to the municipality.
§ 17-1102. Right of Entry. [Ord. 261, 3/8/2011]
1 Upon presentation of proper credentials, duly authorized representatives of
the municipality may enter at reasonable times upon any property within
the municipality to inspect the implementation, condition, or operations and
maintenance of the stormwater BMPs in regard to any aspect governed by
this chapter.
2. Stormwater BMP owners and operators shall allow persons working on
behalf of the municipality ready access to all parts of the premises for the
purposes of determining compliance with this chapter.
3. Persons working on behalf of the municipality shall have the right to
temporarily locate on any stormwater BMP in the municipality such devices
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§17-1102 SHINGLEHOUSE CODE §17-1102
as are necessary to conduct monitoring and/or sampling of the discharges
from such stormwater BMP. (
4, Unreasonable delay in allowing the municipality access to a stormwater
BMP is a violation of this chapter.
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§ 17-1201 STORMWATER MANAGEMENT § 17-1203
PART 12
ENFORCEMENT AND PENALTIES
§ 17-1201. Notification. [Ord. 261, 3/8/2011]
L In the event that a person fails to comply with the requirements of this
chapter or an approved SWM site plan or fails to conform to the
requirements at any permit or approval issued hereunder, the municipality
shall provide written notification of the violation. Such notification shall set
forth the nature of the violation(s) and establish a time limit for correction of
the violation(s).
2. Failure to comply within the time specified shall subject such person to the
penalty provisions of this chapter. All such penalties shall be deemed
cumulative and shall not prevent the municipality from pursuing any and all
other remedies. It shall be the responsibility of the owner of the real property
on which any regulated activity is proposed to occur, is occurring, or has
occurred to comply with the terms and conditions of this chapter.
§ 17-1202. Enforcement. [Ord. 261, 3/8/2011]
1 The municipal governing body is hereby authorized and directed to enforce
all of the provisions of this chapter. The approved SWM site plan shalll be on
) file at the project site throughout the duration of the construction activity.
‘The municipality or its designee may make periodic inspections during
construction.
2. Adherence to Approved SWM Site Plan.
A. Tt shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this
chapter.
B. It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this chapter.
Cc. It shall be unlawful to allow a property to remain in a condition that
does not conform to an approved SWM site plan.
§ 17-1203, Public Nuisance. [Ord. 261, 3/8/2011]
1 A violation of any provision of this chapter is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
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§ 17-1204 SHINGLEHOUSE CODE § 17-1206
§ 17-1204, Suspension and Revocation of Approvals or Permits. [Ord. 261, 3/
8/2011] f
1, Any approval or permit issued by the municipality may be suspended or
revoked for:
A. Noncompliance with or failure to implement any provision of the
approved SWM site plan or operation and maintenance (O&M)
agreement.
B. A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
C. The creation of any condition or the commission of any act, during the
regulated activity, which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
2A suspended approval or permit may be reinstated by the municipality
when:
A. The municipality or its designee has inspected and approved the
corrections to the violation(s) that caused the suspension.
B. The municipality is satisfied that the violation(s) has (have) been
corrected.
3. An approval that has been revoked by the municipality cannot be reinstated. (
The applicant may apply for a new approval under the provisions of this ~
chapter.
§ 17-1205. Penalties. [Ord. 261, 3/8/2011]
1, Anyone violating the provisions of this chapter shall be guilty of a summary
offense and, upon conviction, shall be subject to a fine of not more than $300
for each violation, recoverable with costs. Each day that the violation
continues shall be a separate offense, and penalties shall be cumulative.
2. In addition, the municipality, through its Solicitor, may institute injunctive,
mandamus, or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter. Any court of competent jurisdiction shall
have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
§ 17-1206. Appeals. [Ord. 261, 3/8/2011]
1. Any person aggrieved by any action of the municipality or its designee
relevant to the provisions of this chapter may appeal to the municipality
within 20 days of that action.
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§ 17-1206 STORMWATER MANAGEMENT § 17-1206
2. Any person aggrieved by any decision of the municipality relevant to the
provisions of this chapter may appeal to the Potter County Court of Common
Pleas within 30 days of the municipality's decision.
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§ 17-1801 STORMWATER MANAGEMENT § 17-1301
PART 13
PROHIBITIONS
§ 17-1801, Prohibited Discharges and Connections. [Ord. 261, 3/8/2011]
1. Any drain or conveyance, whether on the surface or underground, that
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water, to enter the municipality's separate storm sewer system or
waters of the commonwealth is prohibited.
2. Any drain or conveyance connected from a commercial or industrial land use
to the municipality's separate storm sewer system which has not been
documented in plans, maps, or equivalent records and approved by the
municipality is prohibited.
3. No person shall allow, or cause to allow, discharges into the municipality's
separate storm sewer system or into surface waters of the commonwealth
which are not composed entirely of stormwater, except those in § 17-1301,
Subsection 4, below, and discharges allowed under a state or federal permit.
4, The following discharges are authorized unless they are determined to be
significant contributors to pollution to the waters of the commonwealth:
A. Potable water sources, including dechlorinated waterline and fire
( hydrant flushings.
B, _ Iarigation drainage.
C. Air-conditioning condensate.
D. — Springs.
E. Water from crawl space pumps.
F. Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been
removed) and where detergents are not used.
G. Discharges from fire-fighting activities.
H. Flows from riparian habitats and wetlands.
1. Uncontaminated water from foundations or from footing drains.
J. Lawn watering.
K. _ Dechlorinated swimming pool discharges.
L. Uncontaminated groundwater.
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§ 17-1301 SHINGLEHOUSE CODE § 17-1303
M. Water from individual residential car washing.
(
N. Routine external building washdown (which does not use detergents
or other compounds).
5. In the event that the municipality or PADEP determines that any of the
discharges identified in § 17-1301, Subsection 4, is a significant contributor
to pollution to the waters of the commonwealth, the responsible person(s)
shall be notified to cease the discharge. Upon notice provided by the
municipality or PADEP, the discharger will have a reasonable time, as
determined by the municipality or PADEP, to cease the discharge, consistent
with the degree of pollution caused by the discharge.
6. Nothing in this section shall affect a discharger's responsibilities under
commonwealth Law.
§ 17-1302. Roof Drains. [Ord. 261, 3/8/2011]
Roof drains and sump pumps shall discharge to infiltration areas, vegetative BMPs,
or pervious areas to the maximum extent practicable.
§ 17-1303. Alteration of BMPs. [Ord. 261, 3/8/2011]
1 No person shall modify, remove, fill, landscape, or alter any existing
stormwater BMP, facilities, areas, or structures, unless it is part of an
approved maintenance program, without the written approval of the (
municipality.
2. No person shall place any structure, fill, landscaping, or vegetation into a
stormwater BMP, facilities, areas, structures, or within a drainage easement
which would limit or alter the functioning of the BMP without the written
approval of the municipality.
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§ 17-1401 STORMWATER MANAGEMENT § 17-1403
PART 14
FEES AND EXPENSES
§ 17-1401. Municipal Review Fee. [Ord. 261, 3/8/2011]
‘The fee required by this chapter is the municipal review fee. The municipal review
fee shall be established by the municipality to defray review costs incurred by the
municipality and the Municipal Engineer. The applicant shall pay all fees.
§ 17-1402. Expenses Covered by Fees. [Ord. 261, 3/8/2011]
1. The fees required by this chapter shall, at a minimum, cover:
A. Administrative and clerical costs.
B. _ Review of the SWM site plan and report by the municipality.
C. Preconstruction meetings.
D. Inspection of stormwater management facilities/BMPs and drainage
improvements during construction.
E, Final inspection upon completion of the stormwater management
facilities/BMPs and drainage improvements presented in the SWM
site plan,
F. Any additional work required to enforce any permit provisions
regulated by this chapter to correct violations, and to assure proper
completion of stipulated remedial actions.
§ 17-1408. Recording of Approved SWM Site Plan and Related Agreements.
[Ord. 261, 3/8/2011]
1. The owner of any land upon which permanent BMPs will be placed,
constructed, or implemented, as described in the SWM site plan, shall record
the following documents in the office of the Recorder of Deeds of Potter
County within 30 days of approval of the SWM site plan by the municipality:
A. The SWM site plan.
B. Operations and maintenance (O&M) agreement (Appendix A).*
C. Easements under § 901,
D. Riparian buffers under § 602.
8. Editor's Note: Appendix A is on file in the Borough offices.
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§ 17-1403 SHINGLEHOUSE CODE § 17-1403
2. The municipality may suspend or revoke any approvals granted for the
project site upon discovery of the failure of the owner to comply with this
section.
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CHAPTER 18
SEWERS AND SEWAGE DISPOSAL
PART 1
DEFINITIONS
§ 18-101. Definitions.
PART 2
PERMISSION TO CONSTRUCT SEWER SYSTEM: APPROVAL OF PLANS
§ 18-201. Permission to Construct System.
§ 18-202. Approval of Plan.
PART 3
USE OF SEWER SYSTEM FOR DISPOSAL OF SEWAGE AND WASTES
§ 18-801. When Connection Required.
§ 18-302. Procedure to Enforce Connection.
§ 18-03. Abandonment of Other Systems.
§ 18-304, Notice.
PART 4
APPLICATIONS FOR SERVICE; CONNECTIONS AND CONNECTION FEES
§ 18-401. Application for Available Service.
§ 18-402, Connection Fee.
§ 18-403. Service Connections and Line.
§ 18-404, Application When Service Is Not Available.
PART 5
SEWER RENTALS OR CHARGES; PAYMENT OR COLLECTION
§ 18-501. Occasion and Time When Charges Begin.
§ 18-502. Rentals and Charges.
§ 18-503. ‘Time and Method of Payment.
§ 18-504. Filing and Collecting Liens for Sewer Rentals or
Charges.
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SHINGLEHOUSE CODE
PART 6
PROHIBITED WASTES
§ 18-601. Natural or Artificial Overflow or Drainage Waters.
§ 18-602. Harmful Wastes.
§ 18-603. Prohibited Sewage or Industrial Waste.
§ 18-604. Pretreatment Facilities.
§ 18-605. Large Garbage Grinders.
§ 18-606. Requirements for Admitting Industrial Waste Into Sewer
System.
§ 18-607. Special Agreement for Unusual Industrial Waste.
§ 18-608. Regulating Rate of Discharge of Industrial Wastes.
§ 18-609. Surcharges and Changes in Charges for Industrial
Wastes.
PART 7
PENALTIES
§ 18-701. Penalties.
PART 8
Abatement of Nonconforming/Substandard Sewer Laterals on Private
Property
§ 18-801. Purpose and Findings.
§ 18-802. Definitions.
§ 18-803. Standards for Maintenance of Private Sewer Laterals.
§ 18-804. Cleanouts Required.
§ 18-805. Public Nuisance Conditions.
§ 18-806. Determination of Public Nuisance by Borough; Appeal.
§ 18-807. Correction or Abatement.
§ 18-808. Inspection at Time of Sale.
§ 18-809. Conditions Requiring Inspection of Private Sewer
Lateral.
§ 18-810. Inspection and Repair: Requirements.
§ 18-811. Sewer Lateral Certificates.
§ 18-812. Fees.
§ 18-813. Violations and Penalties.
§ 18-814. Remedies.
§ 18-815. Severability.
§ 18-816. Effective Date.
‘Typical Sewer Line Laterl Profile
Notice to Repair Private Sewer Lateral
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§ 18-101 SEWERS AND SEWAGE DISPOSAL § 18-101
Application Form Private Sewer Repair
Private Sewer Lateral Inspection Form
Certificate of Compliance
PART 1
DEFINITIONS
§ 18-101. Definitions. [Ord. 128, 4/9/1968, § 1.01]
Unless the context specifically and clearly indicates otherwise, the meaning of
terms used in this chapter shall be as follows:
AUTHORITY — The Shinglehouse Borough Authority, a Pennsylvania
Municipal Authority, or its successors or assigns.
B.O.D. (BIOCHEMICAL OXYGEN DEMAND) — The quantity of oxygen,
expressed in ppm, utilized in the biochemical oxidation of organic matter
under standard laboratory procedure for five days at 20° C. The standard
laboratory procedure shall be that found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the
American Public Health Association.
( BOROUGH — The Borough of Shinglehouse, Potter County, Pennsylvania, a
municipality organized and existing under the laws of the Commonwealth of
Pennsylvania.
BOROUGH COUNCIL — The Council of the Borough of Shinglehouse,
Potter County, Pennsylvania.
DWELLING or DWELLING UNIT — Any room, group of rooms, house
trailer or other enclosure occupied, or intended for occupancy, as separate
living quarters by a family or other group of persons living together or by
persons living alone.
IMPROVED PROPERTY — Any property upon which there is now or
hereafter erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT — Any improved property used, in whole
or in part, for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which any process waste, as
distinct from sanitary sewage, shall be discharged.
OWNER — Any person vested with ownership, legal or equitable, sole or
partial, of any improved property.
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§ 18-101 SHINGLEHOUSE CODE § 18-101
PERSON — Any individual (male or female), partnership, company,
association, society, corporation or other group or entity; "his" means his, (
hers, or theirs, as is appropriate.
pH — The logarithm of the reciprocal of the concentration of hydrogen ions,
expressed grams per liter of solution, indicating the degree of acidity or
alkalinity of a substance.
ppm — Parts per million by weight.
SANITARY SEWAGE — Normal water-carried household and toilet wastes
from any improved property.
SEWER — Any pipe or conduit constituting a part of the sewer system or
usable for sewage collection purposes.
SEWER SYSTEM — All facilities, as of any particular time, for collecting,
pumping, treating or disposing of sanitary sewage and/or industrial wastes,
situate in or near the Borough of Shinglehouse.
(
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§ 18-201 SEWERS AND SEWAGE DISPOSAL § 18-202
PART 2
PERMISSION TO CONSTRUCT SEWER SYSTEM: APPROVAL OF PLANS
§ 18-201. Permission to Construct System. [Ord. 128, 4/9/1968, § 2.01]
Shinglehouse Borough Authority is hereby granted permission to construct and
operate or lease for operation, a sewer system for the benefit of the inhabitants of
the Borough and to open Borough roads and alleys at such places and for such
periods of time as may be necessary for such purposes, the said sewer system
hereby being designated as a project to be undertaken by the Authority. The
Authority is hereby granted a permanent easement within all Borough roads, alleys
or rights-of-way for construction, operation, maintenance and replacement of the
sewer system.
§ 18-202. Approval of Plan. [Ord. 128, 4/9/1968, § 2.02]
Approval is hereby given of the estimated cost of construction and the final plans
and specifications of the said sewer system as compiled and prepared for the
Authority by Buchart Horn, 40 South Richland Avenue, York, Pennsylvania, a copy
of which plans are on file with the Secretary of the Shinglehouse Borough
Authority.
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§ 18-301 SEWERS AND SEWAGE DISPOSAL § 18-304
- PART 8
USE OF SEWER SYSTEM FOR DISPOSAL OF SEWAGE AND WASTES
§ 18-301. When Connection Required. [Ord. 128, 4/9/1968, § 3.01; as amended
by Ord. 174, 6/11/1985]
Each and every owner of improved property, whereon any part of the principal
building, or other structure from which sewage or industrial waste is discharged, is
within 400 feet from and accessible to any sewer which is ready to receive sewage
through a service line installed by the Authority shall upon receipt of written notice
from the Authority or the Borough Council or their agents, be required to connect
such premises with the sewer system without delay, in accordance with this chapter
and the rules and regulations currently in effect covering such connection.
§ 18-302. Procedure to Enforce Connection. [Ord. 128, 4/9/1968, § 3.02]
If any owner of improved property, who is required to connect his premises with the
sewer system shall neglect or refuse to connect with said sewer system after notice
so to do, the Authority or Borough Council may give such owner 60 days' written
notice of this chapter, and upon failure of such owner to make the required
connection within said sixty-day period, the Authority or Borough Council or their
agents, may in accordance with the provisions of Borough Code and the
Municipality Authorities Act of 1945, as amended, enter upon such property and
construct such connection, and upon completion of the work, send an itemized bill of
the cost of the construction of such connection to the property owner, including any
. necessary and reasonable engineer's or attorney's fees, which bill shall be payable
forthwith. In case of neglect or refusal by the owner of such property to pay said
bill, the Authority or Borough Council may collect the cost thereof, including
attorney's fees and other costs of suit, from such owner by a suit in assumpsit, or
file municipal liens for said construction within six months of the date of the
completion of the construction of said connection.
§ 18-303. Abandonment of Other Systems. [Ord. 128, 4/9/1968, § 3.03]
It shall be unlawful, 60 days from the receipt of written notice of this chapter, for
any owner of improved property who is required to connect his premises with the
sewer system to own, maintain, operate or use within the Borough, a privy,
cesspool, vault, septic tank or similar receptacle for sanitary sewage upon such
property or to connect any such privy, cesspool, vault, septic tank or similar
receptacle with any such sewer, or to discharge sewage or industrial wastes into any
storm sewer or outlet other than the sewer system.
§ 18-304. Notice. [Ord. 128, 4/9/1968, § 3.04]
Notice as required in this chapter may be given by personal service or by certified
mail to the last known address of the owner, as appears on the public records of
Potter County, or by posting such notice in a conspicuous place on the improved
property.
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§ 18-401 SEWERS AND SEWAGE DISPOSAL § 18-403
PART 4
APPLICATIONS FOR SERVICE; CONNECTIONS AND CONNECTION FEES
§ 18-401. Application for Available Service. [Ord. 128, 4/9/1968, § 4.01]
Service connections will be made and sewer service will be furnished upon written
application to the Borough Secretary by the owner or prospective owner or his
proper agent duly authorized in writing, on a form prepared by the Borough. The
application for service shall state the purpose or purposes for which sewer will be
used and such other appropriate information as shall be required by the Borough,
including the size, location and proposed usage with respect to the owner or the
persons for whom service is desired.
§ 18-402. Connection Fee. [Ord. 128, 4/9/1968, § 4.02; as amended by Ord. 174,
6/11/1985; and by Ord. 177, 9/9/1986, § 1]
The owner or person submitting an application to the Borough for service
connections will pay a connection fee of $400 or the actual cost incurred by the
Borough with respect to such connection, whichever sum is greater. No permit to
connect will be issued without payment of the connection fee.
§ 18-403. Service Connections and Line. [Ord. 128, 4/9/1968, § 4.03]
The Authority or the Borough or their duly authorized representatives will make all
connections to the sewer mains and shall provide for the furnishing, installation
and maintenance of all service lines from the sewer main to the curb line. (Curb line
means either the road side of an established curb, or the equivalent thereof) All
service lines from the curb line to the structure to be served shall be installed by the
owner or person to be served, at his expense, and shall be of a pipe approved by the
Borough. No service connection facility between the curb line and the structure to
be served shall be covered up in the process of installation until inspected and
approved by the Borough or its duly authorized representatives.
No sewer service line shall be laid in the same trench with gas lines, water lines or
any other facilities of a public service company. The size of a service connection
from the sewer main to the curb line will be a minimum diameter of six inches, and
the service connection from the curb line to the structure to be served will be a pipe
of terra cotta, cast iron, asbestos cement or other type approved by the Borough
with a minimum inside diameter of four inches, and will have a type 0 ring joint or
leaded joint. Only persons property authorized by the Borough shall be permitted to
make service line connection installations. Neither the Borough nor the Authority
shall be responsible for the maintenance of any service line or any other line, pipe
or fixture from the curb line to the structure to be served, nor shall the Borough or
the Authority be responsible for any damages resulting from the escape of sewage
from any service connection from the curb line to the structure to be served. The
owner and any other person being served at all times shall comply with all federal,
state and municipal regulations, and shall make any and all changes to their
service connections between the curb line and the structure to be served which shall
be required or shall be made necessary as a result of any change of grade of the
main lines, or otherwise.
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§ 18-404 SHINGLEHOUSE CODE § 18-404
§ 18-404. Application When Service Is Not Available. [Ord. 128, 4/9/1968,
§ 4.04] (
If sewer service is not available as set forth in this chapter, any property owner or
other proper person may make application to the Borough for service upon a form
provided by the Borough setting forth the location, estimated date and type of
proposed connection, together with such other information as the Borough or the
Authority may require. After receipt of such application, the Borough will determine
whether the construction of an addition to the sewer system is economically
feasible, based upon engineering estimates of cost of construction and revenues from
proposed or expected use of such addition.
1 Extension of Sewer System if Feasible — If in the opinion of the Borough or
the Authority, the construction or an addition to the then existing sewer
system to service the applicant is economically feasible and if the Borough or
the Authority has sufficient funds, or is able to borrow sufficient funds, to
finance such construction, and the Borough or the Authority can obtain
permission from appropriate governmental agencies as required, the
Borough or the Authority may construct an addition to the existing sewer
system.
Before construction of such addition is begun, the Borough or the Authority
may require the applicant to post a bond, either in cash or with other
sufficient surety, guaranteeing and providing for the annual payment of a
sum which together with the annual rental and charges for the use of the
addition would be sufficient to amortize the cost of such construction with
interest thereon, whether or not interest is actually paid by the Borough or (
the Authority over the then projected useful life of such addition.
2. Extension of Sewer System with Contribution of Applicant — If in the
opinion of the Borough or the Authority, the construction of an addition to
the existing sewer system to serve the applicant is not economically feasible
and the applicant nevertheless desires sewer service, the Borough or the
Authority may require a cash contribution by the applicant toward the cost
of constructing such addition so that the project would be economically
feasible.
3. Refund on Bond or Contributed Cost — The Borough or the Authority may,
prior to the execution of the bond or the payment of the contribution
mentioned above, agree that if, after the addition to the sewer system has
been constructed, and it is determined that the annual revenues from such
addition are more than sufficient to amortize the cost of such construction,
including interest, the Borough or the Authority will pay to the applicant or
his successor in interest a refund of the portion of such payments made by
the applicant as are equal to the amount by which such revenues exceeded
the annual cost of such addition. Such repayments shall be limited to those
owing within two years and applied for within three years after the annual
amortized costs. The agreement shall provide that unless the right thereto is
reserved by the applicant in writing, the rights under this section shall pass
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§ 18-404 SEWERS AND SEWAGE DISPOSAL § 18-404
- to any successors in title to the land served by the addition, prorata, based
on the front-footage of such owners.
4, Borough and Authority Not Restricted to Financially Feasible Additions —
Nothing in this section shall be construed as preventing the Borough or the
‘Authority from extending any sewer line beyond the limits of the then-
apparently financially feasible limits, if such extensions are needed for
reasons of public health and water purity and are approved by holders of any
revenue indentures, real estate mortgages or other security given by the
Borough or the Authority, or to require hookup after such construction and
to require reasonable contributions from users for construction costs of such
additions, in addition to normal rates and charges for hookup to and use of
the sewer system.
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§ 18-501 SEWERS AND SEWAGE DISPOSAL § 18-502
PART 5
SEWER RENTALS OR CHARGES; PAYMENT OR COLLECTION
§ 18-501. Occasion and Time When Charges Begin. [Ord. No. 284, 12/12/2017]
Sewer rentals or charges are imposed upon and shall be collected from the owner of
each improved property which shall be connected with the sewer system, whether
such use shall be direct or indirect, which sewer rentals shall commence and be
effective 30 days after such owner is first given written notice by the Borough to
connect to the sewer system as set forth elsewhere in this chapter, and is
reasonably able to connect, or as of the date of connection of each improved property
to the sewer system, whichever first shall occur.
§ 18-502. Rentals and Charges. [Ord. No. 284, 12/12/2017]
1. Rentals and charges shall be payable as provided herein, in accordance with
the following schedule or rates and classifications:
A. Residential. Bach private dwelling unit, the sum of $384 per annum,
payable at the rate of §32 per month. Each dwelling unit in a double
house, in a row of connecting houses, in an apartment, in any other
multiple dwelling or in any multiple-purpose building shall be charged
as a separate entity.
B. — Nonresidential. All owners of nonresidential improved properties shall
pay sewer rentals or charges in the sum of $884 per annum, payable
at the rate of $32 per month per unit on the basis of equivalent
dwelling units as set forth in the following schedule:
Rate Schedule
Cost Per Equivalent Dwelling Unit, $884 Per Year
Equivalent
Dwelling Units
(B represents
residential; C
represents
Classification of Property commercial)
Single-family dwelling IR
‘Two-family dwelling oR i
‘Trailer IR
Apartment House, per rental unit IR
Hotel or motel, per 4 rental rooms 10
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§ 18-502 SHINGLEHOUSE CODE § 18-502
; ‘Rate Schedule — |
Cost Per Equivalent Dwelling Unit, $384 Per Year i
a Equivalent
Dwelling Units
- @ represents
residential; C
represents
Classification of Property commercial)
Restaurant, club or tavern, per 15 seats or 1c j
fraction thereof ;
Church, fire company or hall : 10 7
Service station, automobile repair garage -
2 bays or fewer | 1c
Additional bay or 2 j 1c
Barber or beauty shop, attached to or forming 1c i
‘a part of owner's residence {
Barber or beauty shop, not attached to owner's 1c :
residence
Laundromat, per 5 washers 1c i
Retail store, office, business or industry
' 10 or fewer employees 1C
| Bach additional 5 employees 1c
Business or industry providing showers for
employees
© |S or fewer employees 1c
Each additional 4 employees or fraction 10
| thereof
Funeral home attached to or forming a part of ! 10 !
owner's residence
School, public or private i
Toilet facilities only, per 40 pupils and 1c
| stalf
‘Toilet facilities and kitchen, per 30 pupils | 10
vand staff
‘Toilet facilities and gym, per 25 pupils 1c
Toilet facilities, gym, kitchen, per 20 pupils 1c |
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§ 18-502 SEWERS AND SEWAGE DISPOSAL § 18-503.
Rate Schedule
Cost Per Equivalent Dwelling Unit, $384 Per Year
Equivalent
Dwelling Units
(B represents
residential; C
represents
Classification of Property commercial)
Dairy or mill processing plant i 6C |
Doctors or dentists, not attached to residence ~ 1c
Doctors or dentists, attached to residence 10
Cc. Additional Classifications. Additional classifications and sewer rentals
may be established by the Borough from time to time as deemed
necessary.
D. Special Agreement. Nothing herein contained shall be deemed to
prohibit the Borough from entering into special agreements with
respect to sewer rentals or charges under conditions and
circumstances making special agreements advisable and necessary.
§ 18-508. Time and Method of Payment. [Ord. No. 284, 12/12/2017]
1. Sewer rentals and charges shall be due and payable as follows:
A. Monthly Bills. All bills for sewer rentals or charges shall be rendered
monthly, on the first day of each month, and shall cover the monthly
billing period immediately preceding.
B. Due Date; Penalty for Late Payment. If sewer rentals or charges are
not paid within 15 calendar days, an additional sum of $1.50 will be
charged each account in arrears and will be added to such net bill.
C. Rate for Unoccupied House Connected to Sewer System. Each unit or
house connected to the sewer system but unoccupied will be charged
at the rate of $2 per month over a twelve-month period each year. If
the water service is shut off because of failure in paying a delinquent
water or sewer account, a fee of $20 will be charged before the water
service is turned back on.
D. Failure to Receive Bill. Every owner of improved property which is
connected to the sewer system shall initially provide the Borough
with, and thereafter shall keep the Borough advised of, his correct
address. Failure of any person to receive bills for sewer charges shall
not be considered an excuse for nonpayment, nor shall failure result in
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§ 18-503 SHINGLEHOUSE CODE § 18-504
an extension of the period of time during which the net bill shall be
paid. i
§ 18-504. Filing and Collecting Liens for Sewer Rentals or Charges. [Ord.
No. 284, 12/12/2017]
Sewer rentals or charges imposed by these regulations shall be a lien on the
improved property connected to and served by the sewer system, and any such
sewer rentals or charges which are delinquent shall be filed as a lien against the
improved property so connected to and served by the sewer system, which lien shall
be filed in the office of the Prothonotary of Potter County, Pennsylvania, and shall
be collected in the manner provided by law for the filing and collecting of municipal
claims.
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§ 18-601 SEWERS AND SEWAGE DISPOSAL, § 18-603
PART 6
PROHIBITED WASTES
§ 18-601. Natural or Artificial Overflow or Drainage Waters. [Ord. 128, 4/9/
1968, § 6.01]
No person shall discharge or cause to be discharged any storm water, surface water,
spring water, ground water, roof runoff, subsurface drainage, building foundation
drainage, drainage from roof leader connections, overflow or drainage from
cesspools and unpolluted industrial process waters into any sewer.
§ 18-602. Harmful Wastes. [Ord. 128, 4/9/1968, § 6.02]
In addition to specific prohibitions herein, the Borough reserves the right to refuse
permission to connect the sewer system, to compel discontinuance of use of the
sewer system, or to compel pretreatment of industrial wastes by an industrial
establishment, in order to prevent discharges deemed by the Borough to be harmful
or to have a deleterious effect upon any sewer or the sewer system.
§ 18-603. Prohibited Sewage or Industrial Waste. [Ord. 128, 4/9/1968, § 6.03]
No sanitary sewage or industrial wastes shall be discharged into the sewer system:
1. Having a temperature higher than 150°;
) 2, Containing more than 30 ppm of fats, wax or grease, emulsified or not, or
any substance which may solidify or become viscous at temperatures
between 32° F. and 150° F.;
3, Containing any gasoline, benzine, naptha, fuel oil or other flammable or
explosive liquids, solids or gases;
4. Containing any solid wastes resulting from preparation, cooking and
dispensing of food and from handling, storage and sale of produce, which
wastes commonly are known as garbage, which have not been shredded to
such a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particular particle
greater than 1/2 inch in any dimension;
5. Containing any ashes, cinders, paper dishes, paper cups, and paper milk
cartons, either whole or ground by garbage grinders, sand, mud, straw,
shavings, metal, glass, bones, rags, feathers, whole blood, hair, fleshings, tar,
plastics, wood, paunch manure, butcher's, offal or any other solid or viscous
substance capable of causing obstructions or other interferences with the
operation of the sewer system or sewers;
6. Having a pH lower than 5.5 or higher than 9.5 or having any other corrosive
property capable of causing damage or hazards to structures, equipment or
personnel of the sewer system or any part thereof;
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§ 18-603 SHINGLEHOUSE CODE § 18-603
1 Containing toxic or poisonous solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with
any sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters of the
sewage treatment plant owned by the Authority, including but not limited to
cyanides;
8. Containing strong acid, iron pickling wastes or concentrated plating
solutions, whether neutralized or not;
9. Containing iron, chromium, copper, zinc and similar objectionable or toxic
substances or substance exerting an excessive chlorine requirement to such
degree that any such material received in the composite sewage at the
sewage treatment works owned by the Authority is not in compliance with
applicable State or Federal regulations, for such materials;
10. Containing phenols or other taste or odor-producing substances, in such
concentration exceeding limits which may be established by the Authority, as
necessary after treatment of the composite sewage, to meet the requirements
of the State, Federal or other public agencies having jurisdiction for such
discharge to the receiving waters;
11. Containing any radioactive wastes or isotopes of such half life or
concentrations as may exceed limits established by the Borough or the
Authority in compliance with State or Federal regulations;
12. Containing materials which exert or cause:
A. Unusual concentrations of inert suspended solids such as, but not
limited to, Fullers earth, lime slurries and lime residues or of
dissolved solids such as, but not limited to, sodium chloride and
sodium sulfate;
B. Excessive discoloration such as, but not limited to dye wastes and
vegetable tanning solutions;
C. Unusual B.O.D., chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage
treatment words; and
D. Unusual volume of flow or concentration of wastes; and
13. Containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only
to such degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge to the
receiving waters.
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§ 18-604 SEWERS AND SEWAGE DISPOSAL § 18-606
§ 18-604. Pretreatment Facilities. [Ord. 128, 4/9/1968, § 6.04]
Where necessary, all owners shall install suitable pretreatment facilities in order to
comply with Part 6, 603 of these regulations.
Plans, specifications and any other pertinent information relating to proposed
facilities for preliminary treatment and handling of wastes shall be submitted for
approval of the Borough and no construction of any such facility shall be
commenced until approval thereof first shall have been obtained, from any
governmental regulatory body having jurisdiction.
Whenever facilities for preliminary treatment and handling of wastes shall have
been provided by any owner, such facilities continuously shall be maintained, at the
expense of such owner, in satisfactory operating conditions; and the Borough shall
have access to such facilities at reasonable times for purposes of inspection and
testing.
§ 18-605. Large Garbage Grinders. [Ord. 128, 4/9/1968, § 6.05; as amended by
Ord. 174, 6/11/1985]
No person shall install or operate in any improved property connected to the sewer
system any garbage grinder equipped with a motor of one horsepower or greater,
without prior written approval of the Borough.
§ 18-606. Requirements for Admitting Industrial Waste Into Sewer System.
[Ord. 128, 4/9/1968, § 6.06]
No person shall discharge or cause to be discharged into the sewer system any
4 industrial wastes not subject to control by the Borough and only after application to
the Borough and receipt of a written permit therefore by the Borough.
1. Required Survey Date - Any person desiring to make or use a connection to
the sewer system through which industrial wastes shall be discharged into
the sewer system shall file with the Borough a completed "Industrial Wastes
Questionable" on a form furnished by the Borough, which shall supply to the
Borough pertinent data, including estimated quantity of flow, characteristics
and constituents, with respect to industrial wastes proposed to be discharged
into the sewer system.
2. Control Manholes - Any person who shall discharge industrial wastes into
the sewer system, when required by the Borough, shall construct and
thereafter properly shall maintain, at his own expense, a suitable control
manhole and other devices as may be approved by the Borough to facilitate
observation, measurement and sampling by the Borough for industrial
wastes discharged to the sewer system.
Any such control manhole, when required by the Borough, shall be
constructed at an accessible, safe, suitable and satisfactory location in
accordance with plans approved by the Borough prior to commencement of
construction.
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§ 18-606 SHINGLEHOUSE CODE § 18-609
3. Waste Sampling - The strength of wastes to be used for establishing
surcharges if any, shall be determined at intervals deemed advisable by the
Borough as may be requested by an industrial establishment. Waste
strength shall be determined by estimates of the Borough or by the collection
and analysis of waste samples. The collection and analysis of waste samples
for determining applicable surcharges shall be supervised by a registered
professional engineer approved by the Borough. All costs for waste sampling
and collecting shall be paid by the party which desires that the waste be
sampled and analyzed. The analysis of all waste samples collected to
determine applicable surcharges, shall be made in accordance with the latest
edition of "Standard Methods for the Examination of Water and Sewage", as
published by the American Public Health Association.
4. Changes in Type of Water — Any industrial establishment discharging
sewage into the sewer system and contemplating a change in the method of
operation which will alter the characteristics and/or volumes of wastes at the
time being discharged into the sewer system shall notify the Borough, in
writing, at least 10 days prior to consummation of such change, and secure
permission for such change.
§ 18-607. Special Agreement for Unusual Industrial Waste. [Ord. 128, 4/9/
1968, § 6.07]
Nothing contained in this Part shall be construed as prohibiting any special
agreement or arrangement between the Borough in consultation with its engineer
and any person whereby industrial wastes of unusual strength or character may be
admitted into the sewer system by the Borough, either before or after preliminary
treatment.
§ 18-608. Regulating Rate of Discharge of Industrial Wastes. [Ord. 128, 4/9/
1968, § 6.08]
The Borough reserves the right to require industrial establishments having large
variations in rates of waste discharged to install suitable regulating devices for
equalizing waste flows to the sewer system.
§ 18-609. Surcharges and Changes in Charges for Industrial Wastes. [Ord.
128, 4/9/1968, § 6.09]
The Borough reserves the right to impose surcharges in connection with any
industrial waste discharge into the sewer system either by agreement with the
owner of the industrial establishment or by additional regulations.
12/11/2018 18:20
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§ 18-701 SEWERS AND SEWAGE DISPOSAL § 18-701
PART 7
PENALTIES
§ 18-701. Penalties. [Ord. 128, 4/9/1968, §§ 701 and 702; as amended by Ord.
174, 6/11/1985]
Any person, firm or corporation who shall violate any provision of this chapter shall,
‘upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to
imprisonment for a term not to exceed 90 days. Every day that a violation of this
chapter continues shall constitute a separate offense.
18:21 12/11/2018
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§ 18-801 SEWERS AND SEWAGE DISPOSAL § 18-801
PART 8
Abatement of Nonconforming/Substandard Sewer Laterals on Private
Property
§ 18-801. Purpose and Findings. [Ord. No. 285, 10/9/2018]
L The purpose of this Part is to codify requirements for the testing, repair,
replacement and ongoing maintenance of the privately owned sewer laterals
within the Shinglehouse Borough.
2. The requirements of this Part are intended to comply with requirements of
the United States Environmental Protection Agency. [The Clean Water Act
(CWA) Section 301(a)"], and the Pennsylvania Clean Streams Law* for
reducing infiltration and inflow in the Shinglehouse Borough sanitary sewer
collection system. To this end, this Part requires that all private sewer
laterals be maintained by their owners in accordance with the standards set
forth in this Part.
3. In an effort to solve the problem of sewer overflows within the sewer system
serving the Shinglehouse Borough and in compliance with the
aforementioned act and law, this Part has been prepared for adoption by the
Shinglehouse Borough. The Borough has found that a significant component
of infiltration and inflow (I/) is infiltration, consisting of groundwater or
runoff from rainfall that passes through the soil and on the ground's surface
into defects in privately owned sewer pipe and associated structures.
4. In addition, the Borough staff has observed there exists in the Borough
numerous nonconforming stormwater inflow connections into sewer laterals,
such as downspouts, storm drains, and sump pumps, etc. on private
property.
5. Tnfiltration and nonsanitary sewer connections (inflows) are a major source
of the I/ that occurs during the rainy season. Evidence supporting this
conclusion includes leakage test data, internal inspection by closed circuit
television, smoke test results, and direct flow measurements.
6. For reasons cited above, Shinglehouse Borough shall update and enforce
their sewer ordinances as required to implement a program of sewer lateral
replacement and/or repair on private property, including an ordinance
requiring testing and repair of the privately owned portion of sewer laterals
as a condition to the sale of property; and to require all property owners to
disconnect nonconforming stormwater connections and correct defective
sewers identified through smoke testing or other means.
1. Editor's Note: See 88 US.C.A. § 1811(a).
2, Editor's Note: See 35 P.S. § 691.1 et sea.
18:23 qen2018
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§ 18-802 SHINGLEHOUSE CODE § 18-802
§ 18-802. Definitions. [Ord. No. 285, 10/9/2018]
(
1. Asused in this Part, the following terms shall have the meanings indicated:
BOROUGH — The Shinglehouse Borough, as represented by the Borough
Council or an approved representative of the Borough as designated by a
resolution enacted by the Council.
BOROUGH SEWER ORDINANCE — The Shinglehouse Borough Sewer
Ordinance, Ordinance No. 128.
BOROUGH TAP — A line extending from the sewer main to either the
approximate curbline or the Borough cleanout: in the case of a back yard
main, approximately five feet from the main toward the lateral. The owner of
the lateral will be responsible for connecting to the tap, including any and all
adapters required to accommodate different types or sizes of pipe.
BUILDING CODE REQUIREMENTS — Requirements defined in this Part or
the Borough Sewer Ordinance do not supersede any requirements of the
Pennsylvania Unified Building Code, nor do requirements of the Building
Code supersede any requirements of the Borough ordinances.
CLEANOUT — A pipe fitting and associated piping connected to a building
sewer or lateral sewer line that provides access to the line for purposes of
routine flushing, rodding, cleaning and other maintenance and diagnostic (
procedures purposes.
LATERAL, BUILDING SEWER, or LATERAL SEWER LINE — That part of
the piping of a drainage system which extends from the end of the building
drain to the main sewer tap and conveys the discharge of the building drain to
the main sewer, as per § 18-408 of the Borough Sewer Ordinance (at
discretion of Borough representative and meets industry standard).
MAIN LINE, SEWER MAIN, or MAIN SEWER — A common sanitary sewer
directly controlled by the Borough of Shinglehouse.
NONSANITARY SEWER CONNECTIONS — Any facility, pipe, or other
means of conveyance that directly or indirectly conveys stormwater, surface
water, roof runoff, intercepted groundwater or subsurface drainage into
sanitary sewers, including, but not limited to, downspouts, yard drains or
other sources of stormwater or other runoff.
PRIVATE CLEANOUT — A cleanout located near the building being serviced
by the lateral sewer line, as illustrated in drawing "Attachment A" or future
revisions approved by the Borough.
3, Editor's Note: Said drawing is included as an attachment to this chapter. F
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§ 18-802 SEWERS AND SEWAGE DISPOSAL § 18-803
PRIVATE SEWER LATERAL — The portion of a building sewer from the
building drain to a sewer main usually located near the curbline. When a
building sewer connects to a rear yard sewer main, the entire building sewer
or lateral, including the connection to the sewer tap, shall be considered a
private sewer lateral.
PUBLIC SERVICE LINE — A portion of a building sewer that is located in
the public right-of-way or easement and extends from the Borough cleanout to
the main sewer. This portion of the lateral will be maintained by the Borough
because of its location in the public right-of-way.
SATISFACTORY CONDITION — A condition indicated by fulfilling either:
A Final inspection and approval of a Borough building permit that
specifically calls for replacement of the private sewer later and
disconnection of any area or roof water collection system, including
approved redirection of any stormwater connections.
B. Approval by the Borough of a taped video record of closed circuit
television (CCTV) inspection of the private sewer lateral by a
contractor approved by the Borough to accomplish such inspection or by
Borough personnel.
SEWER LATERAL CERTIFICATE — A certificate issued by the Borough
indicating that the lateral is in "satisfactory condition" as defined herein.
‘ SHARED LATERAL — A shared lateral is an existing sewer lateral that
currently services two or more structures that are not located on the same
deeded property.
STRUCTURE — Any structure or building that is provided with public sewer
service by the Shinglehouse Borough.
TWO-WAY BOROUGH CLEANOUT or BOROUGH CLEANOUT — A
cleanout at or near the property line or street curbline or near the sewer tap
when the private sewer lateral connects to the rear yard sewer main which
allows flushing, rodding, cleaning, televising, measuring flow and other
maintenance and diagnostic procedures in the lateral sewer line as illustrated
in drawing "Attachment A" or future revisions approved by the Borough.
§ 18-803. Standards for Maintenance of Private Sewer Laterals. [Ord. No.
285, 10/9/2018]
1 ‘The standards for maintenance of private sewer laterals are as follows:
A ‘The private sewer lateral shall be kept free from roots, grease
deposits, and other solids which may impede the flow or obstruct the
transmission of waste.
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§ 18-803 SHINGLEHOUSE CODE § 18-805
B. All joints shall be watertight and all pipes shall be sound.
©. The private sewer lateral shall be free of any structural defects such :
as cracks, breaks, openings, rodent holes or missing portions, and the
grade shall be uniform without sags or offsets.
D. The private sewer lateral shall have cleanouts as defined by this Part
and illustrated in drawing "Attachment A™ or future revisions
approved by the Borough. All cleanouts shalll be securely sealed with a
proper cap at all times.
E, All nonsanitary connections shall be disconnected, and such
connections shail be rerouted in accordance with local, state and other
applicable standards.
2. All new private sewer lateral construction or replacement of existing private
sewer laterals shall comply with the requirements of this Part and the
Borough Sewer Ordinance.
§ 18-804. Cleanouts Required. [Ord. No. 285, 10/9/2018]
1. Each sewer lateral shall have a standard two-way cleanout located at the
Borough sewer tap. Such cleanouts shall be installed and maintained by the
property owner after obtaining all applicable permits from the Borough.
2, Rach private sewer lateral shall have a privately maintained cleanout as (
illustrated in drawing "Attachment A," or as may be required by the
Building Code, whichever is more restrictive. Such cleanouts shall be
installed by the property owner consistent with details contained herein,
after obtaining all applicable permits from the Borough.
3. Installation of cleanouts under this section may be undertaken at any time
with applicable permits, but shall not be required until testing and/or
inspection is completed pursuant to § 18-810.
§ 18-805. Public Nuisance Conditions. [Ord. No. 285, 10/9/2018]
1. A private sewer lateral constitutes a public nuisance when either of the
following conditions exists:
A. The piping and fittings have a leak or breaks, or they are otherwise
subject to exfiltration or leakage of sewage; or disruption of service
due to a blockage that requires excavation of any portion of the line
for repair.
4. Editor's Note: Said drawing is included as an attachment to this chapter.
5, Editor's Note: Said drawing is included as an attachment to this chapter. F
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§ 18-805 SEWERS AND SEWAGE DISPOSAL. § 18-807
B. The piping and fittings provide connections other than those
permitted by this Part, the Borough Sewer Ordinance and the
Building Code as adopted by the Shinglehouse Borough, or are
otherwise subject to inflow and infiltration, whether accidentally,
negligently, or intentionally.
2. A cleanout constitutes a public nuisance if it:
A. Is uncapped or improperly capped;
B. — Has leaks or breaks or is otherwise subject to exfiltration or leakage of
sewage; or
C. Has nonsanitary sewer connections or is otherwise subject to inflow
and infiltration, whether accidentally, negligently, or intentionally.
§ 18-806. Determination of Public Nuisance by Borough; Appeal. [Ord. No.
285, 10/9/2018]
1. The Borough may require the inspection and/or testing of any private sewer
lateral, and may determine and declare that a private sewer lateral or
cleanout is a public nuisance as defined in this chapter. Testing, inspection
and repairs shall be conducted as set forth in regulations adopted by the
Borough.
2. If the Borough determines and declares that a private sewer lateral or
cleanout is a public nuisance, the Borough may issue a written notice
ordering the property owner to make whatever repairs and/or complete
replacement as the Borough deems necessary, within a reasonable period of
time that shall be specified in the notice; however, the time period shall not
exceed six months. Reasonable extension of time may be granted by the
Borough if weather conditions make the repair or replacement impractical.
3. Temporary repairs to accommodate use of the property will be allowed until
permanent repair or replacement can be completed as specified in the notice.
4, Determinations under this section may be appealed to Borough, in person,
and the decision of Borough shall be final. Decisions by the Borough will be
made within 60 days of appeal.
§ 18-807. Correction or Abatement. [Ord. No. 285, 10/9/2018]
1. Owners shall obtain all required plumbing and sewer permits and notify the
Borough prior to making such repairs, and shall allow for the inspection of
any installation by a Borough designated official.
2. Upon approval of such repairs, the Borough shall issue a sewer lateral
certificate of compliance.
18:27 12/11/2018
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§ 18-807 SHINGLEHOUSE CODE § 18-808
3. In the event a property does not comply with a written notice and order
under § 18-806 within three weeks from the time said landowner and/or
possessor are notified, the Borough shall proceed with the repair or new
construction of the sewer lateral and assess said landowner and/or possessor
with the cost thereof plus 10% additional and shall invoke either of the two
vemedies set forth hereinafter.
A. The Borough may file a municipal lien against the owner or owners or
anyone having an interest in the property;
B. Any owner or owners or other persons having a legal interest in the
property in question or possessor as notified above shall be personally
liable for the assessment above mentioned.
4. The Borough may recover any costs incurred in abating a public nuisance
under § 18-807.
5. The Borough retains the right under this Part to discontinue water service to
a structure that is in violation of this Part until such time the private sewer
lateral is brought into compliance with this Part and other applicable
ordinances.
§ 18-808. Inspection at Time of Sale. [Ord. No. 285, 10/9/2018]
1. Prior to the sale of property that contains any structure with a building
sewer line, the owner shall have the sewer lateral inspected and determined (
to be in satisfactory condition as per the requirements of this Part. Upon
satisfactory determination under this Part, the Borough will issue a sewer
lateral certificate of compliance, which hereafter will become a requirement
for transfer of title of real property that includes a private sewer lateral
which conforms to this Part.
2, All required repair or replacement work shall be completed prior to transfer
of title. Alternatively, funds may be retained in escrow sufficient to complete
the work within six months thereafter, if permitted by, and subject to, any
conditions required by the Borough. Except as otherwise provided in this
chapter or by the Borough, the owner of the property is responsible for
compliance with this section,
3. The seller of any real property shall be responsible for disclosing to
prospective purchasers the requirements of this section and the compliance
status of the real property in question.
4, Any property under contract by a licensed realtor or listed as "for sale by
owner" prior to the date of approval by the Borough of this Part shall be
exempt from its requirements until said contract expires.
12/11/2018 18:28
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§ 18-809 SEWERS AND SEWAGE DISPOSAL § 18-810
§ 18-809. Conditions Requiring Inspection of Private Sewer Lateral. [Ord.
No. 285, 10/9/2018]
1 The following conditions will require that the private sewer lateral be
inspected as per the requirements of this Part.
A. Whenever a person applies for a building and/or plumbing permit for
a construction valuation that exceeds $30,000 in 2018 dollars,
adjusted every year for inflation according to the Engineering News-
Record Quarterly Construction Cost Index.
B. Whenever a person applies for a building and/or plumbing permit that
requires the moving and or disruption of an existing sewer lateral.
Cc. Whenever a person applies for a building and/or plumbing permit that
yesults in an increased quantity of plumbing fixtures within the
structure, including but not limited to toilets, sinks, tubs, showers,
ete,
D. | Whenever there is a disruption in sewer service that is caused by a
deficiency in the private sewer lateral and results in a repair call to
restore service. This would include but not be limited to blockages
caused by tree roots, stones, and other debris, broken pipes, bad pipe
joints or any other repairs that would require line cleaning or digging
up any portion of the line to make repairs.
2. In order to ensure compliance with this section, the property owner shall
obtain a sewer lateral certificate prior to approval of a building permit
application for any of the above work.
3. The Shinglehouse Borough Building Code Inspector is hereby authorized to
implement this section.
§ 18-810. Inspection and Repair: Requirements. [Ord. No. 285, 10/9/2018]
1 All testing and inspection procedures shall be in accordance with standard
procedures or reviewed and approved by the Borough.
2. CCTV inspections shall be performed by a qualified contractor or utility
evaluation service approved by the Borough or by Borough personnel.
3. All repair or replacement work identified by the testing procedure as
necessary to prevent infiltration and inflow must be completed and then
inspected and approved by the Borough.
4 If nonsewer connections to the private sewer lateral line are found, the
property owner will be required to disconnect them and contain, disperse on
site, or redirect, stormwater runoff within six months, as required by the
Borough.
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§ 18-810 SHINGLEHOUSE CODE § 18-813
5. If during an inspection a shared lateral is discovered and is determined to be
in violation of this Part, it shall be replaced with individual laterals unless {
the Borough determines that this is not physically possible because of the
location of the sewer main or other limitations. Each property owner will be
individually responsible under the requirements of this Part for the
installation and associated cost. Under this circumstance the Borough will
provide any necessary Borough taps at no cost to the property owners.
6. The property owner shall submit a copy of the sewer lateral inspection form,
signed and approved by a Borough inspector as proof of compliance.
7. Failure to comply with an order issued under this section shall be deemed a
violation of this Part, and the condition of the private sewer lateral line in
such cases shall be deemed, and is hereby declared, a public nuisance.
§ 18-811. Sewer Lateral Certificates. [Ord. No. 285, 10/9/2018]
1 All properties governed by this chapter are required to obtain sewer lateral
certificates. Sewer lateral certificates shall be issued by the Borough upon
sufficient proof that a property owner has complied with this section, and
upon payment of any required fee.
2. Sewer lateral certificates shall be effective for the following periods of time:
A. Aperiod of 10 years after:
(2) Inspection and approval by the Borough of completed .
alterations, partial repairs, or connections to a lateral.
(2) Inspection and approval by the Borough of completed repairs to
a lateral or cleanout ordered by the Borough.
§ 18-812. Fees. [Ord. No. 285, 10/9/2018]
Fees for compliance with this Part shall be established by resolution of
Shinglehouse Borough and may be changed without prior notification to public.
§ 18-813. Violations and Penalties. [Ord. No. 285, 10/9/2018}
1 This Part is intended to, and will, be enforced in accordance with 53 P.S.
§ 48301 et seq. as same may be from time to time amended, supplemented or
replaced’ and in accordance with the following provisions of this Part.
2, Any person that violates any provision of this Part will upon conviction
thereof be sentenced to pay a fine of not less than $300 nor more than $1,000
per violation or to imprisonment for a term not to exceed 90 days, or both.
6. Editor's Note: Said statute was repealed by 2012, May 17, P.L. 262, No. 43, § 349, effective
July 16, 2012.
12/11/2018 18:30
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§ 18-813 SEWERS AND SEWAGE DISPOSAL § 18-816
_ 3. A separate offense will arise for each section of this Part which is found to
( have been violated, and each day or portion thereof that a violation continues
will constitute a separate offense as to each section of this Part which is
found to have been violated.
4, The Borough may also enforce this Part through an action in equity brought
: in the Court of Common Pleas of Potter County, Pennsylvania, as an
alternative to, or in addition to, any other enforcement actions or
proceedings.
§ 18-814. Remedies. [Ord. No. 285, 10/9/2018]
‘The remedies specified in this Part are cumulative.
§ 18-815. Severability. [Ord. No. 285, 10/9/2018]
If any article, section, subsection, paragraph, sentence, clause or phrase of this Part
for any reason shall be held to be invalid or unconstitutional, the decision shall not
affect the remaining portions of this Part. The Council of Shinglehouse Borough
hereby declares that it would have passed this Part and each article, section,
subsection, paragraph, sentence, clause or phrase which is a part thereof,
irrespective of the fact that any one or more articles, sections, subsections,
paragraphs, sentences, clauses or phrases are declared to be invalid or
‘unconstitutional.
\ § 18-816. Effective Date. [Ord. No. 285, 10/9/2018]
‘This Part shall be effective on the Ist day of January, 2019, and remain in force
until modified, amended or rescinded by the Shinglehouse Borough, Potter County,
Pennsylvania.
18:31 12/11/2018
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--------------------
SEWERS AND SEWAGE DISPOSAL
< 18 Attachment 1
Borough of Shinglehouse
“ATTACHMENT A”
INSTALL CLEANOUT
5'-0" FROM ROAD OR
STREET RIGHT OF WAY.
LEY r BAGKYARD
>PLICATIONS INSTALL CEANOET-
\EANOUT 5'—0" FROM
‘MAINLINE ‘SWEEPING CLEANOUT
(soo,
| (EXISTING STRUCTURE)
L a aa 7 _EXISTING GROUND .s
S Sy INS y
SSP SOOO 9977 Comrie as ReaUIRED
‘ 4” OBSERVATION te
sSERY EXISTING SEWER
| gow
H SERVICE UNE W
| Aft
——— tpt
[| H |L-=-=¢=ser
) scan
aos
\~ CONNECTING LATERAL 4" ASSHTO 57 CRUSHED
sodeeeare UNDER. AND
‘SEWER MAIN LINE OVER LATERAL LINE:
ANY EXCEPTIONS FROM THIS DETAIL MUST BE RECEIVED IN WRITING BY THE BOROUGH
works:
4. USE S.D.R. 35 PV.C. OR SCH. 40 SEWER PIPE, 4" MINIMUM DIAMETER
2. PIPE SLOPE 1/4” PER FOOT RECOMMENDED MINIMUM.
3. BURY PIPE TO A DEPTH OF 4'-0" WHENEVER POSSIBLE.
3 BRE PEN Rh sever as WN Sie ERE Des, 90 Wor SE 97 SO}s
‘SEF INE.
5. ADDITIONAL CLEANOUT MAYBE INSTALLED BY OWNER AND 1S SUGGESTED IF LINE EXCEEDS 100
PeeE IN LENGTH
6. TRAP NEEDED FOR SEWER GAS MAY BE LOCATED INSIDE OR OUTSIDE OF STRUCTURE.
BOROUGH OF SHINGLEHOUSE
TYPICAL SEWER LINE LATERAL PROFILE
18 Attachment 1:1 12/11/2018
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--------------------
SEWERS AND SEWAGE DISPOSAL
18 Attachment 2
Borough of Shinglehouse
Shinglehouse Borough
Notice to Repair Private Sewer Lateral
Date:
Owner of Property:
Address of Property: ee
Owner's Address if Different than Property Address:
Owner Telephone Home: Cell: Work:
You are hereby notified the private sewer lateral serving the above property requires:
Repair oo Replacement 0 on or before
f Contact the Borough Barn at 814-697-6912 or the Borough office at 814-697-6711 prior
to covering any portion of:
Repair oo Replacement 9 work. An inspection will be
made and when the lateral is in compliance with Ordinance # 285 of 2018, known as the
Shinglehouse Borough Sewer Lateral Inspection and Compliance Ordinance, the Bor-
ough will issue a Certificate of Compliance to you.
Borough of Shinglehouse
By
18 Attachment 2:1 12/11/2018
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--------------------
SEWERS AND SEWAGE DISPOSAL
18 Attachment 3
Borough of Shinglehouse
Application Form
Private Sewer Lateral Repair/Replacement Program
Owner of Property:
Address of Property:
a
Owner's Address if Different than Property Address:
Owner Telephone Home: SCC: L_s Worrks _____
Reason for Inspection
Sale o Anticipated Closing Date:
Nuisance 0
Realtor, if applicable Name:
Business Phone:
Contractor or Plumber: Name:
Address: — $$
Business Phone:
Cell Phone:
Fax:
Processing Fee $20.00 Received by:
Property Owner's Signature: Date:
Approved by Borough - By: Date:
work may begin
Date Inspection Scheduled by Borough - By: Date:
Testing Observed by Borough Pass oo Fail o
: By: eee Date:
18 Attachment 3:1 12/11/2018
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--------------------
SEWERS AND SEWAGE DISPOSAL
- 18 Attachment 4
Borough of Shinglehouse
Private Sewer Lateral Inspection Form
Property Owner:
Address: —
Address of Property to be inspected if different:
Telephone No.:
Date:
Present at Inspection Site:
Internal Inspection If Yes, Location from
Physical Identifiable Ob-
ject
Roots Present oYes ogNo _
Grease Present oYes oNo
Pipe Joints Tight oYes gNo
Pipes Free of Cracks, Breaks, Openings oYes oNo —
External Inspection
‘Two-way Clean-out at Sewer Main (backyard) oYes No
‘Two-way Clean-out at ROW (front yard) aYes No
Sump Pump Connected to Sanitary Lateralor Yes a No
Tributary
Clean-out Cap Tight and In Place aYes No
Clean-out at Building or Other aYes No
Roof or other Sources of Non-Sanitary Waste Yes aNo
Connections
Action Required: —
Certification of Compliance Issues: aYes No
Inspected by Shinglehouse Borough
By: Date:
18 Attachment 4:1 12/11/2018
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--------------------
SEWERS AND SEWAGE DISPOSAL
18 Attachment 5
Borough of Shinglehouse
Private Sewer Lateral
Certificate of Compliance
Owner of Property,
Addvess of Property:
Owner’s Address if Different than Property Address:
Owner Telephone Home:____— Cell: Work:
‘The sewer lateral serving the above property was inspected by me and found to be in
compliance with Borough of Shinglehouse Ordinance No. 285 of 2018, which Ordinance
is known as the Shinglehouse Borough Sewer Lateral Inspection and Compliance Ordi-
nance.
Borough of Shinglehouse
By;
Print Name
Signature
Date
18 Attachment 5:1 env2018
Page 271
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CHAPTER 19
SIGNS AND BILLBOARDS
(Reserved to accommodate future ordinances)
- 1sl-
Page 272
--------------------
; CHAPTER 20
SOLID WASTE
Part 1
Collection of Garbage
§101. Short Title
§102. Definitions
§103. Prohibited Activities
§104. Standards for Storage of Solid Waste
§105. Standards and Regulations for Collections
§106. Collection and Disposal Charges
§107. License Required
§108. Nuisance
§109. Rules and Regulations
§110. Compliance with Applicable Laws
§111. Penalties
Part 2
Recycling Program
§201. Establishment
§202. Definitions
§203. Disposal
§204. Vesting of Ownership, Unauthorized Collection Prohibited
§205. Sale or Donation
§206. Penalties
12/8/2009 20-1
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--------------------
(20, Part 1)
Part 1
Collection of Garbage
§101. Short Title.
This Part shall be known and referred to as the "Borough of Shinglehouse Solid Waste
Ordinance."
(Ord, 248, 9/12/2006)
§102. Definitions.
1. Where the following words are used in this Part, they shall have, unless the con-
text clearly indicates otherwise, the meanings ascribed herein. Other words and
phrases not specifically defined herein, shall, unless the context clearly indicates
otherwise, have the meanings given to them by Act 97 and by Act 101.
ACT 97 — the Act of July 7, 1980, P.L. 880, No. 97, 35 P.S. §6018.101 et seq.
("Solid Waste Management Act"), as amended, and all rules and regulations
promulgated thereunder.
{ ACT 101 — the Act of July 28, 1988, P.L. 556, No. 101, 35 P.S. §4000.101 et seq.
("Municipal Waste Planning, Recycling and Waste Reduction Act"), as amended,
and all rules and regulations promulgated thereunder.
AUTHORITY — the Potter County Solid Waste Authority, the designated imple-
menting agency for the Potter County Municipal Waste Management Plan.
BOROUGH — the Borough of Shinglehouse.
BULKY WASTE — large items of solid waste including, but not limited to, appli-
ances, furniture, large auto parts, trees, branches or stumps which may require
special handling due to their size, shape and weight.
COMMERCIAL ESTABLISHMENT — any establishment engaged in nonmanu-
facturing or nonprocessing business including, but not limited to, stores, markets,
office buildings, restaurants, shopping centers and theaters.
CONTAINER — a portable device in which waste is held for storage or transpor-
tation.
COUNTY — the County of Potter or the Potter County Board or County Commis-
sioners.
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SOLID WASTE
DEPARTMENT or DER — the Pennsylvania Department of Environmental Re-
sources (DER).
DISPOSAL — the 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 any
constituent thereof enters the environment, is emitted into the air or is discharged
to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE — solid waste comprised of gar-
bage and rubbish, which normally originates in the residential private household
or apartment house.
GARBAGE — any solid waste derived from animal, grain, fruit, or vegetable mat-
ter that is capable of being decomposed by microorganisms with sufficient rapidity
to cause such nuisances as odors, gases, or vectors.
HAULER or PRIVATE COLLECTOR — any person, firm, partnership, associa-
tion or corporation engaged in the collection or transportation of municipal waste.
HAZARDOUS WASTE — any solid waste or combination of solid wastes, as de-
fined in Act 97, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may (1) cause or significantly contribute to an in-
crease in mortality or an increase in morbidity in either an individual or the total
population; or (2) pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed of or
otherwise managed.
INDUSTRIAL ESTABLISHMENT — any establishment engaged in manufactur-
ing or processing including, but not limited to, factories, foundries, mills, process-
ing plants, refineries, mines and slaughterhouses.
LEAF WASTE — leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
LICENSED HAULER or LICENSED COLLECTOR — any municipal waste
hauler or collector possessing a valid and current County license issued by the
Potter County Solid Waste Authority.
MUNICIPAL WASTE — any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid, or contained gaseous mate-
rial resulting from operation of residential, municipal, and any sludge not meeting
the definition of residual or hazardous waste under Act 97 from a municipal,
commercial or institutional water supply treatment plant, wastewater treatment
plant, or air pollution control facility. The term does not include source-separated
recyclable materials.
MUNICIPALITY — the Borough of Shinglehouse, Potter County, Pennsylvania.
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(20, Part 1)
OCCUPIED DWELLING — a permanent building or fixed mobile home that is
currently being used on a regular or temporary basis for human habitation.
PERSON — any individual, partnership, corporation, association, institution, co-
operative enterprise, municipal authority, federal government or agency, state in-
stitution and agency, or any other legal entity which is recognized by law as the
subject of rights and duties. In any provisions of this Part which prescribe a fine,
imprisonment, or penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation of other legal entity hav-
ing officers and directors
PLAN — the Potter County Municipal Waste Management Plan, as amended.
PROCESSING — any technology used for the purpose of reducing the volume or
bulk of municipal or residual waste or any technology used to convert part or all of
such waste materials for off-site reuse. Processing facilities include, but are not
limited to, transfer facilities, composting facilities, and resource recovery facilities.
RECYCLING — the collection, separation, recovery and sale or reuse of metals,
glass, paper, leaf waste, plastics and other materials which would otherwise be
disposed or processed as municipal waste, or the mechanical separation and
treatment of municipal waste (other than through combustion) and creation and
recovery of reusable materials other than a fuel for the operation of energy).
() RECYCLING FACILITY — a facility employing a technology that is a process
that separates or classifies municipal waste and creates or recovers reusable ma-
terials that can be sold to or reused by a manufacturer as a substitute for or a
supplement to virgin raw materials. The term "recycling facility" shall not mean
transfer stations or landfills for solid waste, nor composting facilities or resource
recovery facilities.
REFUSE — all solid waste materials which are discarded as useless.
RESIDUAL WASTE — any garbage, refuse, other discarded material or other
waste, including solid, liquid, semisolid, or contained gaseous materials resulting
from industrial, mining and agricultural operations and any sludge from an in-
dustrial, mining, or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility, provided that it is not hazard-
ous. The residual waste shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act. The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the Act of June 22, 1937
(P-L. 1987, No. 394), known as the" Clean Streams Law."
RUBBISH — all nonputrescible municipal waste except garbage and other de-
composable matter. This category includes, but is not limited to, ashes, bedding,
cardboard, cans, crockery, glass, paper, wood and yard cleanings.
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SOLID WASTE
SALVAGING — the controlled removal or recycling of material from a solid waste
processing or disposal facility.
SCAVENGING — the unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
SOLID WASTE — any waste including, but not limited to, municipal, residual, or
hazardous wastes, including solid, liquid, semisolid, or contained gaseous mate-
rial.
SOURCE RECYCLABLE MATERIAL — materials that are separated from mu-
nicipal waste at the point of origin for the purpose of recycling.
STORAGE — the containment of any waste on a temporary basis in such a man-
ner as not to constitute disposal of such waste. It shall be presumed that the con-
tainment of any waste in excess of one year constitutes disposal. This presump-
tion can be overcome by clear and convincing evidence to the contrary.
TRANSPORATION — the off-site removal of any solid waste at any time after
generation.
TRANSFER STATION — any supplemental transportation facility used as an ad-
junet to waste collection route vehicles.
2. In this Part, the singular shall include the plural and the masculine shall include (
the feminine and the neuter.
(Ord. 248, 9/12/2006)
$103. Prohibited Activities.
1. It shall be unlawful for any person to accumulate, or permit to accumulate upon
any public or private property within the Borough, any garbage, rubbish, bulky
waste, or any other municipal or residual solid waste except in accordance with
the provisions of this Part and Acts 97 and 101; provided, however, that nothing
contained herein shall be construed so as to prohibit composting on private prop-
erty for the personal, noncommercial use of the owner or occupier of such prop-
erty; provided, further, that no composting material shall be placed or kept within
15 feet from any adjoining property line.
2, It shall be unlawful for any person to burn any solid waste, including leaf waste,
within the Borough except in accordance with provisions of this Part, Act 97 and
Act 101, and the Code of Ordinances of the Borough of Shinglehouse.1
| Editor’s Note: See Ch. 7, Fire Prevention and Fire Protection, Part 1, Open Burning. “
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(20, Part 1)
3. It shall be unlawful for any person to dispose of any solid waste in the Borough
except in accordance with the provisions of this Part and Act 97 and Act 101.
4, It shall be unlawful for any person to haul, transport, collect, or remove any solid
waste from public or private property other than his or her own private residence
within the Borough without a current, valid County license issued by the Author-
ity.
5. It shall be unlawful for any person to throw, place or deposit, or cause or permit to
be thrown, placed or deposited any solid waste in or upon any street, alley, side-
walk, body of water, public or private property within the Borough except as pro-
vided in this Part.
(Ord. 248, 9/12/2006)
§104, Standards for Storage of Solid Waste.
1. The storage of solid waste shalll be practiced so as to prevent the attraction, har-
borage or breeding of insects or rodents and to eliminate conditions harmful to
public health or which create safety hazards, odors, unsightliness or public nui-
sances.
2. Any person producing municipal waste shall provide a sufficient number of ap-
) proved containers to store all waste materials generated during periods between
regularly scheduled collections and shall place and store all waste materials
therein.
3. Any person storing municipal waste for collection shall comply with the minimum
standards for the storage of municipal waste set forth in the Department's Chap-
ter 285, Subchapter A, "Regulations for the Storage of Municipal Waste," and with
any revisions or amendments thereto.
(Ord. 248, 9/12/2006)
§105. Standards and Regulations for Collections.
1. All households, homeowners, multifamily residential sources and commercial, in-
stitutional and industrial establishments shall negotiate and individually contract,
collection services with a licensed collector.
2. All garbage and rubbish shalll be timely collected. Bulky waste shall be collected
following prior arrangement with a licensed collector.
(Ord. 248, 9/12/2006)
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SOLID WASTE,
§106. Collection and Disposal Charges.
Licensed haulers shall be responsible for the collection of any fees for solid waste collec-
tion and disposal services provided to residential, commercial, institutional, or indus-
trial sources within the Borough.
(Ord. 248, 9/12/2006)
§107. License Required.
No person may charge a consideration for or otherwise engage in the business or activ-
ity of collecting, storing, transporting, or disposing of solid waste within the Borough
unless he or she shall have first obtained a license therefor from the Authority, and as
provided herein, nor shall any person pay or offer a consideration to any other person
for the collection, storage, transportation, or disposal of solid waste unless such other
person shall be licensed hereunder and by the Authority.
(Ord. 248, 9/12/2006)
§108, Nuisance.
Any accumulation of refuse on any premises for more than one week, or failure to cause
any accumulation of refuse to be removed from any premises within seven days after
notice to the owner or occupant thereof, is unlawful, prohibited and a violation of this
Part 1 and is hereby declared to be a nuisance. Any such nuisance may be abated by the
Borough of Shinglehouse in the manner provided by law.
(Ord. 248, 9/12/2006)
§109. Rules and Regulations.
‘The Borough Council of the Borough of Shinglehouse is hereby authorized, from time to
time, to supplement, clarify and detail the provisions of this Part 1 by rules and regula-
tions not inconsistent herewith. Such rules and regulations may include, but not be lim-
ited to, provisions concerning additional definitions, dates, times and places of pickups,
containers and quantities, precollection and collection procedures, charges, billings and
enforcement.
(Ord. 248, 9/12/2006)
§110. Compliance with Applicable Laws.
Notwithstanding anything contained herein to the contrary, no person shall collect,
store, transport or dispose of solid waste in violation of Act 97 and Act 101, as amended, (
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(20, Part 1)
L or of rules and regulations of the Department of Environmental Resources promulgated
thereunder, or of the Municipal Waste Management Plan for Potter County.
(Ord. 248, 9/12/2006)
§111. Penalties.
Any person violating any of the provisions of this Part shall, upon conviction thereof, be
sentenced to pay a fine of not less than $200 nor more than $1,000 or to undergo impris-
onment for a period not to exceed 90 days, or both, provided that each day during which
a violation exists shall be considered a separate offense.
(Ord. 248, 9/12/2006)
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(20, Part 2)
. Part 2
Recycling Program
§201. Establishment.
‘There is hereby established a program for the separate collection of recyclable news-
print, recyclable aluminum beverage cans and recyclable glass, as those terms are
herein defined, from residential and commercial premises within the Borough of Shin-
glehouse.
(Ord. 191, 3/13/1990, §1)
§202. Definitions.
For purposes of this Part, the term “recyclable newsprint” shall mean solid waste con-
sisting of newspapers, magazines, telephone books and cardboard, which shall not have
been exposed to foreign substances or conditions rendering them unusable for recycling.
Anything herein to the contrary notwithstanding; however, any person may wrap solid
waste in used newspaper and discard the same with regular solid waste even if such
wrapping does not render the newspaper unusable for recycling.
¢ For the purposes of this Part the term “recyclable aluminum beverage cans” shall mean
beverage cans constructed solely of aluminum, not tin, metal or steel.
For the purposes of this Part the term “recyclable glass” shall mean clear or clear col-
ored glass containers which shall not have or contain foreign substances rendering them
unusable for recycling.
(Ord. 191, 3/13/1990, §II)
§203. Disposal.
1. Recyclable newsprint, recyclable aluminum beverage cans and recyclable glass
shall be kept separate from each other and from other refuse and shall be sepa-
rately collected as hereinafter provided. Each residential and/or commercial entity
within the Borough of Shinglehouse shall separate recyclable newsprint from re-
cyclable aluminum beverage cans and from recyclable glass in easy-to-manage
bundles or by placing them in paper bags. Each residential and/or commercial en-
tity within the Borough of Shinglehouse shall separate recyclable aluminum bev-
erage cans from recyclable newsprint and from recyclable glass and other refuse
and shall prepare the same for collection by placing them in either paper bags or
cardboard boxes or containers provided by the Potter County Solid Waste Author-
ity. Each residential and/or commercial entity within the Borough of Shinglehouse
shall separate recyclable glass from recyclable newsprint, recyclable aluminum
beverage cans and other refuse and shall prepare the same for collection by plac-
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SOLID WASTE
ing them in either paper bags or cardboard boxes or containers provided by the
Potter County Solid Waste Authority. As so prepared, these materials shall be
placed at the curbside to be collected at times as herein designated or shall be
placed in recycling shelters at any time,
2. ‘The appropriate Borough authorities are hereby authorized to designate, by regu-
lation, the days and times for the collection of recyclable newsprint, recyclable
aluminum beverage cans and recyclable glass and appropriate containers there-
fore.
(Ord. 191, 3/13/1990, $11)
§204. Vesting of Ownership, Unauthorized Collection Prohibited.
From the time of placement at the curb of any recyclable newsprint and/or recyclable
aluminum beverage cans, and/or recyclable glass, pursuant to the provisions of this Part
and the regulations issued hereunder, such recyclable newsprint and/or recyclable alu-
minum beverage cans, and/or recyclable glass shall become and be the property of the
Borough of Shinglehouse. It shall be a violation of the terms of this Part for any person,
other than authorized personnel of the Borough, to collect, pick-up, or cause to be col.
lected or picked up, any such materials. Each such collection or pick-up in violation
hereof shall constitute a separate and distinct offense.
(Ord. 191, 3/13/1990, §IV)
§205. Sale or Donation. {
Notwithstanding any provision of this Part, any person having ownership of the same,
may sell or donate recyclable newsprint and/or recyclable alummum beverage cans, and
or recyclable glass to any person, partnership or corporation, whether operating for
profit or not for profit; provided, however, that such materials may not be placed for col-
lection at, nor collected from the curbside.
(Ord. 191, 3/13/1990, §V)
§206. Penalties.
Any person, partnership or corporation who violates or fails to comply with any provi-
sion of this Part or any regulation promulgated pursuant thereto with the exception of
those person violating §204 of this Part, shall upon conviction thereof in a court of
summary jurisdiction, be punishable by fines of not more than $10 for the first offense,
not more than $25 for the second offense, and not more than $50 for the third offense.
Any person who violates §204 of this Part shall, upon conviction thereof, be sentenced to
pay a fine of not less than $25 and not more than $300.
(Ord, 191, 3/18/1990, SVD
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CHAPTER 21
STREETS AND SIDEWALKS
Part 1
Construction and Repair of Sidewalks
§101. Construction and Maintenance of Sidewalks
§102. Notice to Do Work
§103. Borough May Do Work and Collect Costs
§104. Borough Remedies for Failure to Comply
§105. Sidewalk Specifications
§106. Permission to Repair or Construct
§107. Serving of Notice
Part 2
Construction of Streets
§201. Requirements for Street Construction
§202. Manner of Assessment of Work Costs
§203. Time Limit for Payment of Assessments
§204. Collection of Delinquent Assessments or Installments
( §205. Installment Payment Procedure
§206. Property Owners to Lay Branch Pipe and Connect with Sewer, Water and
Gas Lines Before Street Improvement
§207. Municipality May Do Work and Collect Cost
§208. Permit; Fee
§209. Specification Sheets
§210. Penalties
Page Revised 12/9/1997 - 159 -
Page 283
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(21, §101) (21, $101)
Part 1
Construction and Repair of Sidewalks
§101. Construction and Maintenance of Sidewalks. All owners of lots
or parts of lots within the limits of the Borough of Shinglehouse are
hereby required to construct sidewalks not less than four feet (4") in
width of cement and pursuant to specifications hereinafter set forth at the
side of the street along the respective lots or parts of lots as
established by the Borough Street Commissioner and Sidewalk Committee of
the Shinglehouse Borough Council. Said property owners shall construct,
keep and maintain said sidewalks and reconstruct or repair said sidewalks
upon the notice as hereinafter specified by the Street Commissioner and
Sidewalk Committee of the Shinglehouse Borough Council. (Ord. 149,
9/11/1979, §1)
§102. Notice to Do Work, Hach landowner as described above shall be
given at least three (3) weeks' notice; and such notice shall set forth the
decision of the Street Commissioner or Sidewalk Committee of the
Shinglehouse Borough Council to condemn or construct new sidewalk and give
said landowner the option to repair or construct said sidewalks themselves
pursuant to the specifications hereafter set forth and under the
supervision of the Street Coumissioner and Sidewalk Committee of the
Borough Council of the Borough of Shinglehouse, or to pay for the labor and
materials used by the Borough and such repair or new construction, plus ten
percent (10%) additional.
Upon the decision of the Street Commissioner and Sidewalk Committee of
the Shinglehouse Borough Council to require the construction or repair of
sidewalks, the landowner of the property in question shall be notified as
set forth above of said decision by certified mail. If the landowner is
unavailable to be given this notice, said notice as described above by
certified mail shall be given to whosoever is in possession of the property
in question.
(Ord. 149, 9/11/1979, §2)
§103. Borough May Do Work and Collect Costs. If the landowner or
possessor of the property in question fails to consent to such repair or
construction within three (3) weeks from the time said landowner and/or
possessor are notified, the Borough shall proceed with the repair or new
construction of the sidewalk and assess said landowner and/or possessor
with the cost thereof plus ten percent (10%) additional and shall invoke
either of the two (2) remedies set forth hereinafter. (Ord. 149,
9/11/1979, §3)
$104. Borough Remedies for Failure to Comply. The Borough shall have
the following remedies against any landowner and/or possessor above
mentioned who fails to comply with this Part 1.
- 161 -
Page 284
--------------------
(21, §104, cont'd) (21, $104, cont'd)
1. The Borough may file a municipal lien against the owner or owners
or anyone having an interest in the abutting property;
2, Any owner or owners or other persons having a legal interest in
the property in question or possessor as notified above shall be personally
liable for the assessment above mentioned.
(Ord. 149, 9/11/1979, $4)
$105. Sidewalk Specifications. The specifications of sidewalks shall
be as follows: All sidewalks shall be constructed and repaired with
concrete material consisting of a graded and approved aggregate with a
Portland cement content of one (1) part cement to five (5) parts sand and
gravel. The width of the sidewalk shall be not less than four feet (4")
wide, and the thickness shall be not less than full four inches (4"). All
places in the sidewalk used for driveways or crossovers for vehicles shall
be not less than six inches (6") in depth and shall contain at least two
(2) one-half inch (1/2") re-bars the full length of crossings set in the
concrete, The surface of the concrete shall be edged, jointed, and
finished with a float so as to leave a moderately rough surface.
In addition, all sidewalks constructed and repaired within the Borough
shall be so repaired or constructed pursuant to any additional reasonable
specifications, including but not limited to grade and lines as may be
established by the Borough Street Commissioner and Sidewalk Committee of
the Shinglehouse Borough Council.
(Ord. 149, 9/11/1979, §5)
$106. Permission to Repair or Construct. All owners of property :
within the Borough, persons in possession thereof, or any other persons or
person, or corporation, must obtain permission from the Borough Street
Conmissioner and Sidewalk Committee of the Shinglehouse Borough Council by
application in writing before repairing or constructing any sidewalk within
the Borough. (Ord.149, 9/11/1979, §6)
§107. Serving of Notice. All said notices shall be served upon the
owner of the premises to which the notice refers if such owner is a
resident of the Borough. If the owner is not a resident, then the notice
may be served upon the agent or tenant of the owner, or upon the occupant
of such premises. If the owner has no agent or tenant, or if there is no
occupant of such premises, then service shall be by notice posted upon the
premises. (Ord. 149, 9/11/1979, 88)
- 162 -
Page 285
--------------------
(22, §201) (21, §201)
Part 2
Construction of Streets
§201. Reauirements for Street Construction. The Council of the Borough
of Shinglehouse shall not accept as a Borough street any street which does
not comply with the following requirements:
A. Requirements of Right-of-Way.
(1) No access street shall be laid out with a legal right-of-
way of less than fifty (50) feet.
(2) Additional right-of-way may be required where the terrain
is such that sloping and fill areas exceed that width.
(3) An access street laid out as a dead end street shall have
at its terminus additional one hundred (100) feet by one hundred
(100) feet right-of-way to be used as a turn around area and to be
constructed the same as the integral roadway. This area shall be
for the sole use of the Borough until such time as the street is
extended and the turn around area would no longer be needed.
(4) an access street that intersects the Borough line shall
have an additional fifty (50) feet by fifty (50) feet right-of-way
to be used as a turn around area and this shall be a permanent
right-of-way constructed the same as the integral roadway. In the
event that the adjoining municipality would require similar right-
of-way, the required right-of-way may be reduced to twenty-five
(25) feet by fifty (50) feet.
(5) The developer, property owner or group of property owners
shall furnish all necessary deeds, surveys and plot plans recorded
on the road docket of Potter County and shall furnish additional
copies as required, at no cost to the Borough. Since the Borough
must meet a deadline of October 15 to furnish evidence of addition-
al streets in order to receive State Liquid Fuel Allocation for the
following fiscal year (January to December), the developer,
property owner or group of property owners shall agree to pay all
cost of maintenance to said Borough for a period of one (1) year.
B. Preparation of Streets for Paving.
(1) Grades. The street grades shall be submitted to the
Borough Engineer for approval.
(2) Where slopes, fills, embankments, walls or culverts are
necessary and required, the same shall be presented to the Borough
Engineer for approval
(3) Sanitary sewers shall not be constructed or laid until a
permit shall be secured from the Commonwealth of Pennsylvania and
plans approved by the Borough Engineer.
Page Revised 12/9/1997 - 163 -
Page 286
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(21, §201(B) (4)) (21, §201(B) (4))
(4) Storm sewers shall be constructed under the supervision
of the Borough Engineer only after the plans, size of pipe, pipe
material, etc., have been approved by him.
(5) All water, gas, steam pipes or conduits shall be laid
prior to street construction and the laterals, branches or
extensions of same shall be extended to the inside lot line of the
curb under the supervision of the Borough Engineer.
C, Street Width. The pave surface of noncurbed streets shall not
be less than eighteen (18) feet. The pave surface of streets with curbs
shall not be less than twenty (20) feet.
D. Curbs. The option of curbs on newly constructed streets will
be determined by the recommendation of the Borough Engineer and approval
of the Borough Council. Consideration will be given to adjoining
streets, general usage and drainage factors.
E, Street Construction.
(1) The developer, property or group of property owners shall
remove the right-of-way of all trees, stumps, brush, rocks, etc.,
to a total width of fifty (50) feet and shall provide a satisfacto-
ry place of disposal for same.
(2) The roadway shall be cleared of topsoil for a width of
thirty (30) feet.
(3) The roadway shall be constructed to a width of eighteen
(18) feet with five (5) foot shoulders right and left. The paved
surface shall be no less than eighteen (18) feet wide and shall
consist of twelve (12) inches of compacted gravel, hard shale or
crushed stone for stabilization placed over an approved woven
geotextile liner and at least four (4) inches ID2 Binder and one
(1) inch wearing surface. Specifications for street construction
must always meet the methods and requirements set forth under
current specifications of the Commonwealth of Pennsylvania,
Department of Transportation. Where development, property owner or
group of property owners shall, in addition, provide all necessary
storm sewers, paving, curbing and gutter
(4) All embankments shall be sloped to Council specifications
and shall be mulched and seeded.
(5) The developer, property owner or group of property owners
shall provide adequate drainage where required and no culvert pipe
less than fifteen (15) inches will be permitted
(6) Driveways shall be constructed so that no drainage shall
endanger the roadway. Where necessary, driveways shall have not
less than twenty (20) feet of fifteen (15) inch PennDOT approved
drainage pipe.
- 164 - Page Revised 12/9/1997
Page 287
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(21, §201(E)(7)) (21, §201(B) (7))
(7) Where a private access road or street serving multiply
dwellings intersects a paved street, the developer, property owner
or group of property owners shall provide a paved roadway eighteen
(18) feet wide for a distance of one hundred (100) feet constructed
in accordance with Borough ordinance.
(8) Any utilities placed on or across the roadway shall be
placed at least three (3) feet deep, five (5) feet for a plastic
line, and a satisfactory sleeve shall be provided to permit repair
or replacement without damage to the roadway. A sleeve diameter
three (3) inches or less shall be three-sixteenth (3/16) inch wall
thickness. The diameter of the sleeve will depend on the size of
the pipe. All overhead lines, wires, cables, etc., shall be placed
at a minimum height of seventeen (17) feet.
F. Bonds. A labor and material, and a maintenance bond for a
period of two (2) years shall be furnished by every contractor or
subdivision owner or owners in favor of the Shinglehouse Borough prior
to all street construction.
(Ord. 219, 7/8/1997, §1)
§202. _Manner_of Assessment of Work Costs. Every public highway,
street, avenue, lane or alley or part thereof and the sidewalks thereof when
included as part of the improvement, the setting of curbstones and the
providing for the drainage thereof, may be graded, paved and otherwise
improved; and notice of payment of the cost and expense of the same shall be
given to the owners of the real estate bounding and abutting along the line
of said improvement. Said cost and expense, upon the abutting real estate,
shall be assessed with the foot-front or benefit rule as is provided by lawn.
(Ord. 219, 7/8/1997, §2)
§203. Time Limit for Payment of Assessments. Any assessment authorized
under this Part shall be paid either in full, within sixty (60) days after
notice of such assessment shall have been given to the party assessed, or in
four (4) equal semiannual installments, the first of which shall be due and
payable within sixty (60) days after such notice. All assessments, whether
paid in full or in installments, shall be payable to the Shinglehouse Borough
Treasurer. (Ord. 219, 7/8/1997, §3)
§204, Collection of Delinquent Assessments or Installments. If any
assessment authorized under this Part shall not have been paid in full or if
an installment payment of one-fourth (4) the total amount of such assessment
shall not have been made within sixty (60) days after notice shall have been
given to the party assessed, the entire assessment shall be due and it shall
be the duty of the Solicitor to collect the same with interest from the date
of the completion of the improvement, in any manner provided by law. (Ord.
219, 7/8/1997, $4)
Page Revised 12/9/1997 - 165 -
Page 288
--------------------
(21, §205) (21, §205)
§205. Installment Payment Procedure. In case the party against whom an
assessment sball have been made under this Part shall have paid an install-
ment of one-fourth (X) of the total amount thereof within thirty (30) days
after notice of such assessment, such party shall pay the remaining three-
fourths (3/4) of such assessment in three (3) subsequent semiannual
installments, the first of which shall be due within six (6) months after the
first installment became due and the remaining installments shall become due
at six (6) month intervals thereafter. All such installments shall bear
interest at the rate of six (6) percent, per annum, commencing thirty (30)
days after the notice of total assessment referred to in §202. (Ord 219,
7/8/1997, §5)
§206. Property Owners to Lay Branch Pipe and Connect with Sewer, Water
and Gas Lines Before Street Improvement. Whenever the Shinglehouse Borough
is ready to pave or improve any street, or part thereof, the owners of all
properties, improved or unimproved, abutting upon such street or part
thereof, upon ten (10) days notice, are hereby required, at their own
expense, before the paving oz improvement thereof, to connect their
respective properties with all sewer, water and gas lines laid along said
street, by laying branch pipes from said main lines to the curb. (Ord. 219,
7/8/1997, §6)
§207. Municipality May Do Work and Collect Cost. Upon failure of the
owners of property abutting streets to be paved or improved to comply with
the notice to make house connections with utility pipes, the Shinglehouse
Borough may do the same or cause the same to be done and may levy the cost of
its work plus ten (10) percent of total cost on such owner as a property lien
to be collected in any manner provided by law. (Qrd. 219, 7/8/1997, §7)
§208. Permit; Fee. Any private road, log road or driveway intersecting
with a public street shall, at the point of intersection, conform with all
the above highway specifications and no private road, driveway or log road
shall be connected to an existing Borough street until a permit is first
obtained from the Borough Council by the builder. Said permit shall be on a
form generally similar to the permit used by the Pennsylvania Department of
‘Transportation and shall be provided by the Borough Secretary upon payment of
a fee of five dollars ($5.00). (Ord. 219, 7/8/1997, §8)
§209. Specification Sheets. Specifications sheets for Borough streets
are on file at the Borough Secretary's office. (Ord. 219, 7/8/1997, 59)
§210. Penalties. Any person, firm or corporation who shall violate any
provision of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than three hundred dollars ($300.00) and/or imprisonment for
a term not to exceed ninety (90) days. (Ord. 219, 7/8/1997, §12)
= 166 - Page Revised 12/9/1997
Page 289
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CHAPTER 22
SUBDIVISION AND LAND DEVELOPMENT
(Reserved to accommodate future ordinances)
- 167 -
Page 290
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CHAPTER 23
SWIMMING POOLS
(Reserved to accommodate future ordinances)
- 169 -
Page 291
--------------------
CHAPTER 24
TAXATION, SPECIAL
PART 1
PER CAPITA
§ 24-101. Authority for Enactment.
§ 24-102. "Resident" Defined.
§ 24-103, Imposition of Tax.
§ 24-104, Collection,
§ 24-105. Effective Date.
PART 2
REAL ESTATE LEVY
§ 24-201. Tax Levy.
§ 24-202. Discount.
§ 24-203. Penalties.
PART 3
REALTY TRANSFER TAX
§ 24-301. Short Title.
§ 24-302. Authority.
§ 24-808. Definitions.
§ 24-304, Imposition of Tax; Interest.
§ 24-805. Exempt Parties.
§ 24-306, Excluded Transactions.
§ 24-07. Documents Relating to Associations or Corporations and
Members, Partners, Stockholders or Shareholders
Thereof.
§ 24-808, Acquired Company.
§ 24-309. Credits Against Tax.
§ 24-810. Extension of Lease.
§ 24-311. Proceeds of Judicial Sale.
§ 24-312. Duties of Recorder of Deeds.
§ 24-813. Statement of Value.
§ 24-814, Civil Penalties.
§ 24-315. Lien.
§ 24-316. Enforcement.
§ 24-817. Regulations.
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§ 24-101 SHINGLEHOUSE CODE § 24-105
§ 24-818. Severability.
§ 24-319. Effective Date.
PART 4
EARNED INCOME AND NET PROFITS TAX
§ 24-401. Definitions.
§ 24-402. Imposition of Tax.
§ 24-408. Declaration and Payment of Tax.
§ 24-404, Collection at Source.
§ 24-405. Powers and Duties of Officer.
§ 24-406. Suit for Collection of Tax.
§ 24-407. Interest and Penalties.
§ 24-408. Fines and Penalties for Violation.
PART 1
PER CAPITA
§ 24-101. Authority for Enactment. [Ord. 174, 6/11/1985] (
This Part is enacted under authority of the Local Tax Enabling Act, P.L. 1257, No.
511, December 31, 1965, 53 P.S. § 6901 et seq. (1982) as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
§ 24-102. "Resident" Defined. [Ord. 174, 6/11/1985]
‘The word "resident" as used in this Part shall mean every adult 18 years or older
who lives within the Borough of Shinglehouse.
§ 24-103. Imposition of Tax. [Ord. 174, 6/11/1985]
Every resident shall pay $6 for the present calendar year and each year hereafter.
§ 24-104. Collection. [Ord. 174, 6/11/1985]
All taxes, interests, costs and penalties imposed by this Part shall be collected by
the Borough tax collector.
§ 24-105. Effective Date. (Ord. 174, 6/11/1985]
This Part shall become effective on January 1, 1986 and shall continue in effect on a
calendar year basis without annual reenactment.
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§ 24-201 ‘TAXATION, SPECIAL § 24-203
PART 2
REAL ESTATE LEVY
§ 24-201. Tax Levy. [Ord. 175, 12/10/1986; as amended by Ord. 179, 12/9/1986;
and by Ord. 181, 12/8/1987]
A tax for general Borough purposes is hereby levied upon all real property situate
within the Borough of Shinglehouse, Potter County, Pennsylvania, for the calendar
year 1988 at the rate of 30 mills on the dollar on the valuation thereof assessed for
county purposes.
§ 24-202. Discount. [Ord. 174, 6/11/1985]
All taxpayers subject to the payment of the tax imposed by § 24-201 above, shall be
entitled to a discount of 2% from the amount of such tax upon making payment of
the whole amount thereof within two months after the date of the tax notice.
§ 24-208. Penalties. [Ord. 174, 6/11/1985]
All taxpayers, who shall fail to make payment of the whole amount of the tax
imposed by § 24-201 above, for four months after the date of the tax notice, shall be
charged a penalty of 10% of the whole amount thereof.
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§ 24-301 TAXATION, SPECIAL § 24-303
PART 3
REALTY TRANSFER TAX
§ 24-301. Short Title. [Ord. 180, 12/8/1987, § 1]
This Part shall be known as the “Realty Transfer Tax Ordinance of Shinglehouse
Borough".
§ 24-302. Authority. [Ord. 180, 12/8/1987, § 2]
A realty transfer tax for general revenue purposes is hereby imposed upon the
transfer of real estate or interest in real estate situated within Shinglehouse
Borough, regardless of where the documents making the transfer are made,
executed or delivered, or where the actual settlements on such transfer took place
as authorized by Article XI-D, "Local Real Estate Transfer Tax," 72 P.S. § 8101-D et
seq.
§ 24-303. Definitions. [Ord. 180, 12/8/1987, § 3; as amended by Ord. 183, 8/9/
1988, § 3]
ASSOCIATION — A partnership, limited partnership, or any other form of
unincorporated enterprise owned or conducted by two or more persons other
than a private trust or decedent's estate.
(3) CORPORATION — A corporation, joint-stock association, business trust, or
banking institution which is organized under the laws of this
Commonwealth, the United States, or any other state, territory, foreign
country or dependency.
DOCUMENT — Any deed, instrument or writing which conveys, transfers,
demises, vests, confirms or evidences any transfer or demise of title to real
estate, but does not include wills, mortgages, deeds of trust or other
instruments of like character given as security for a debt and deeds of
release thereof to the debtor, land contracts whereby the legal title does not
pass to the grantee until the total consideration specified in the contract has
been paid or any cancellation thereof unless the consideration is payable over
a period of time exceeding 30 years, or instruments which solely grant, vest
or confirm a public utility easement. "Document" shall also include a
declaration of acquisition required to be presented for recording under § 24-
308 of this Part.
FAMILY FARM CORPORATION — A corporation of which at least 75% of
its assets are devoted to the business of agriculture and at least 75% of each
class of stock of the corporation is continuously owned by members of the
same family. The business of agriculture shall not be deemed to include:
A Recreational activities such as, but not limited to, hunting, fishing,
camping, skiing, show competition or racing;
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§ 24-303 SHINGLEHOUSE CODE § 24-303
B. The raising, breeding or training of game animals or game birds, fish,
cats, dogs or pets or animals intended for use in sporting or if
recreational activities;
C. Fur farming;
D. Stockyard and slaughterhouse operations; or
E. Manufacturing or processing operations of any kind.
MEMBERS OF THE SAME FAMILY — Any individual, such individual's
brothers and sisters, the brothers and sisters of such individual's parents
and grandparents, the ancestors and lineal descendents of any of the
foregoing, a spouse of any of the foregoing, and the estate of any of the
foregoing. Individuals related by the half-blood or legal adoption shall be
treated as if they were related by the whole-blood,
PERSON — Every natural person, association, or corporation. Whenever
used in any clause prescribing and imposing a fine or imprisonment, or both,
the term "person" as applied to associations, shall include the responsible
members or general partners thereof, and as applied to corporations, the
officers thereof.
REAL ESTATE —
A. All lands, tenements or hereditaments within Shinglehouse Borough,
including without limitation buildings, structures, fixtures, mines,
minerals, oil, gas, quarries, spaces with or without upper or lower (
boundaries, trees, and other improvements, immovables or interests
which by custom, usage or law pass with a conveyance of land, but
excluding permanently attached machinery and equipment in an
industrial plant.
B. A condominium unit.
C. A tenant-stockholder's interest in a cooperative housing corporation,
trust or association under a proprietary lease or occupancy agreement.
REAL ESTATE COMPANY — A corporation or association which is
primarily engaged in the business of holding, selling or leasing real estate,
90% or more of the ownership interest in which is held by 35 or fewer
persons and which:
A Derives 60% or more of its annual gross receipts from the ownership
or disposition of real estate; or
B. Holds real estate, the value of which comprises 90% or more of the
value of its entire tangible asset holdings exclusive of tangible assets
which are freely transferable and actively traded on an established
market,
TITLE TO REAL ESTATE —
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§ 24-303 TAXATION, SPECIAL § 24-303
A Any interest in real estate which endures for a period of time, the
termination of which is not fixed or ascertained by a specific number
of years, including without limitation an estate in fee simple, life
estate, or perpetual leasehold; or
B. Any interest in real estate enduring for a fixed period of years but
which, either by reason of the length of the term or the grant of a
right to extend the term by renewal or otherwise, consists of a group
of rights approximating those of an estate in fee simple, life estate or
perpetual leasehold, including without limitation a leasehold interest
or possessory interest under a lease or occupancy agreement for a
term of 30 years or more or a leasehold interest or possessory interest
. in real estate in which the lessee has equity.
TRANSACTION — The making, executing, delivering, accepting, or
presenting for recording of a document.
VALUE —
A In the case of any bona fide sale of real estate at arms' length for
actual monetary worth, the amount of the actual consideration
therefor, paid or to be paid, including liens or other encumbrances
thereon existing before the transfer and not removed thereby, whether
or not the underlying indebtedness is assumed, and ground rents, or a
commensurate part thereof where such liens or other encumbrances
and ground rents also encumber or are charged against other real
} estate: Provided, that where such documents shall set forth a nominal
consideration, the "value" thereof shall be determined from the price
set forth in or actual consideration for the contract of sale:
B. In the case of a gift, sale by execution upon a judgment or upon the
foreclosure of a mortgage by a judicial officer, transactions without
consideration or for consideration less than the actual monetary worth
of the real estate, a taxable lease, an occupancy agreement, a
leasehold or possessory interest, any exchange of properties, or the
real estate of an acquired company, the actual monetary worth of the
real estate determined by adjusting the assessed value of the real
estate for local real estate tax purposes for the common level ratio
factor developed by the Pennsylvania Department of Revenue for
Pennsylvania realty transfer tax base calculations;
Cc. In the case of an easement or other interest in real estate the value of
which is not determinable under Subsection A or B, the actual
monetary worth of such interest; or
D. The actual consideration for or actual monetary worth of any
executory agreement for the construction of buildings, structures or
other permanent improvements to real estate between the grantor and
other persons existing before the transfer and not removed thereby or
between the grantor, the agent or principle of the grantor of a related
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§ 24-303 SHINGLEHOUSE CODE § 24-306
corporation, association or partnership and the grantee existing before
or effective with the transfer. (
§ 24-304. Imposition of Tax; Interest. [Ord. 180, 12/8/1987, § 4; as amended by
Ord. 183, 8/9/1988, § 4]
1. Every person who makes, executes, delivers, accepts or presents for
recording any document or in whose behalf any document is made, executed,
delivered, accepted or presented for recording, shall be subject to pay for and
in respect to the transaction or any part thereof, a tax at the rate of 1% of
the value of the real estate represented by such document, which tax shall be
payable at the earlier of the time the document is presented for recording or
within 30 days of becoming an acquired company.
2. The payment of the tax imposed herein shall be evidenced by the affixing of
an official stamp or writing by the recorder whereon the date of the payment
of the tax, amount of the tax and the signature of the collecting agent shall
be set forth.
3. It is the intent of this Part 3 that the entire burden of the tax imposed
herein on a person or transfer shall not exceed the limitations prescribed in
the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, 53 P.S.
§ 6901 et seq., so that if any other political subdivision shall impose or
hereafter, shall impose such tax on the same person or transfer then the tax
levied by Shinglehouse Borough under the authority of that Act shall during
the time such duplication of the tax exists, except as hereinafter otherwise (
provided, be 1/2 of the rate and such 1/2 rate shall become effective without
any action on the part of Shinglehouse Borough provided, however, that
. Shinglehouse Borough and any other political subdivision which impose such
tax on the same person or transfer may agree that, instead of limiting their
respective rates to 1/2 of the rate herein provided, they will impose
respectively different rates, the total of which shall not exceed the maximum
rate permitted under "The Local Tax Enabling Act."
4. If for any reason the tax is not paid when due, interest at the rate in effect at
the time the tax is due, shall be added and collected.
§ 24-305. Exempt Parties. [Ord. 180, 12/8/1987, § 5; as amended by Ord. 183,
8/9/1988, § 5]
The United States, the Commonwealth, or any of their instrumentalities, agencies
or political subdivisions shall be exempt from payment of the tax imposed by this
§ 24-805. The exemption of such governmental bodies shall not, however, relieve
any other party to a transaction from liability for the tax.
§ 24-306. Excluded Transactions. [Ord. 180, 12/8/1987, § 6; as amended by
Ord. 183, 8/9/1988, § 6]
1 The tax imposed by § 24-304 shall not be imposed upon:
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§ 24-306 TAXATION, SPECIAL § 24-306
A A transfer to the Commonwealth, or to any of its instrumentalities,
agencies or political subdivisions, by gift, dedication or deed in lieu of
condemnation or deed of confirmation in connection with
condemnation proceedings, or a reconveyance by the condemning body
of the property condemned to the owner of record at the time of
condemnation which reconveyance may include property fine
adjustments provided said reconveyance is made within one year from
the date of condemnation.
B. A document which Shinglehouse Borough is prohibited from taxing
under the Constitution or statutes of the United States.
Cc. A conveyance to a municipality, township, school district or county
pursuant to acquisition by the municipality, township, school district
or county of a tax delinquent property at sheriff sale or tax claim
bureau sale.
D. A transfer for no or nominal actual consideration which corrects or
confirms a transfer previously recorded, but which does not extend or
limit existing record legal title or interest.
E. A transfer of division in kind for no or nominal actual consideration of
property passed by testate or intestate succession and held by
cotenants; however, if any of the parties take shares greater in value
than their undivided interest, tax is due on the excess.
F A transfer between husband and wife, between persons who were
previously husband and wife who have since been divorced, provided
the property or interest therein subject to such transfer was acquired
by the husband and wife or husband or wife prior to the granting of
the final decree in divorce, between parent and child or the spouse of
such child, between brother or sister or spouse of a brother or sister
and brother or sister or the spouse of a brother or sister, and between
a grandparent and grandchild or the spouse of such grandchild, except
that a subsequent transfer by the grantee within one year shall be
subject to tax as if the grantor were making such transfer.
G. A transfer for no or nominal actual consideration of property passing
by testate or intestate succession from a personal representative of a
decedent to the decedent's devisee or heir.
H. A transfer for no or nominal actual consideration to a trustee of an
ordinary trust where the transfer of the same property would be
exempt if the transfer was made directly from the grantor to all of the
possible beneficiaries, whether or not such beneficiaries are contingent
or specifically named. No such exemption shall be granted unless the
Recorder of Deeds is presented with a copy of the trust instrument
that clearly identifies the grantor and all possible beneficiaries.
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§ 24.306 SHINGLEHOUSE CODE § 24-206
LA transfer for no or nominal consideration from a trustee to a
beneficiary of an ordinary trust. (
J. A transfer for no or nominal actual consideration from trustee to
successor trustee.
K. A transfer (j) for no or nominal actual consideration between principal
and agent or straw party; or (ii) from or to an agent or straw party
where, if the agent or straw party were his principal, no tax would be
imposed under this article.
Where the document by which title is acquired by a grantee or
statement of value fails to set forth that the property was acquired
by the grantee from, or for the benefit of, his principal, there is a
rebuttable presumption that the property is the property of the
grantee in his individual capacity if the grantee claims an exemption
from taxation under this clause.
L. A transfer made pursuant to the statutory merger or consolidation of
a corporation or statutory division of a nonprofit corporation, except
where the department reasonably determines that the primary intent
for such merger, consolidation or division is avoidance of the tax
imposed by this Part 3.
M. A transfer from a corporation or association of real estate held of
record in the name of the corporation or association where the grantee
owns stock of the corporation or an interest in the association in the
same proportion as his interest in or ownership of the real estate
being conveyed and where the stock of the corporation or the interest
in the association has been held by the grantee for more than two
years.
N. A transfer by a mortgagor to the holder of a bona fide mortgage in
default in lieu of a foreclosure or a transfer pursuant to a judicial sale
in which the successful bidder is the bona fide holder of a mortgage,
unless the holder assigns the bid to another person.
0. Any transfer between religious organizations or other bodies or
persons holding title for a religious organization if such real estate is
not being or has not been used by such transferor for commercial
purposes.
P. A transfer to a conservancy which possesses a tax exempt status
pursuant to § 501(c)(8) of the Internal Revenue Code of 1954, [68A
Stat. 8, 26 U.S.C. § 501(0)(8)] and which has as its primary purpose
preservation of land for historic, recreational, scenic, agricultural or
open space opportunities.
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§ 24-306 TAXATION, SPECIAL § 24-308
Q. A transfer of real estate devoted to the business of agriculture to a
family farm corporation by a member of the same family which
directly owns at least 75% of each class of the stock thereof.
R. A transfer between members of the same family of an ownership
interest in a real estate company or family farm corporation.
s. A transaction wherein the tax due is $1 or less.
T. Leases for the production or extraction of coal, oil, natural gas or
minerals and assignments thereof.
2. In order to exercise any exclusion provided in this § 306, the true, full and
complete value of the transfer shall be shown on the statement of value. A
copy of the Pennsylvania Realty Transfer Tax Statement of Value may be
submitted for this purpose. For leases of coal, oil, natural gas or minerals,
the statement of value may be limited to an explanation of the reason such
document is not subject to tax under this Part 3.
§ 24-307. Documents Relating to Associations or Corporations and
Members, Partners, Stockholders or Shareholders Thereof. [Ord. 180, 12/8/
1987, § 7; as amended by Ord. 184, 8/9/1988, § 7]
Except as otherwise provided in § 306, documents which make, confirm or evidence
any transfer or demise of title to real estate between associations or corporations
and the members partners, shareholders or stockholders thereof are fully taxable.
{ For the purpose of this Part 3, corporations and associations are entities separate
from their members, partners, stockholders or shareholders.
§ 24-308. Acquired Company. [Ord. 180, 12/8/1987, § 8; as amended by Ord.
183, 8/9/1988, § 8]
1. A real estate company is an acquired company upon a change in the
ownership interest in the company, however effected, if the change does not
affect the continuity of the company; and of itself or together with prior
changes has the effect of transferring, directly or indirectly, 90% or more of
the total ownership interest in the company within a period of three years.
2. With respect to real estate acquired after February 16, 1986, a family farm
corporation is an acquired company when, because of voluntary or
involuntary dissolution, it ceases to be a family farm corporation or when,
because of issuance or transfer of stock or because of acquisition or transfer
of assets that are devoted to the business of agriculture, it fails to meet the
minimum requirements of a family farm corporation under this Part 3.
3. Within 80 days after becoming an acquired company, the company shall
present a declaration of acquisition with the recorder of each county in which
it holds real estate for the affixation of documentary stamps and recording.
Such declaration shall set forth the value of real estate holdings of the
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§ 24.308 SHINGLEHOUSE CODE § 24-311
acquired company in such county. A copy of the Pennsylvania Realty
‘Transfer Tax Declaration of Acquisition may be submitted for this purpose.
§ 24-309. Credits Against Tax. [Ord. 180, 12/8/1987, § 9; as amended by Ord.
183, 8/9/1988, § 9]
1. Where there is a transfer of a residential property by a licensed real estate
broker which property was transferred to him within the preceding year as
consideration for the purchase of other residential property, a credit for the
amount of the tax paid at the time of the transfer to him shall be given to
him toward the amount of the tax due upon the transfer.
2, Where there is a transfer by a builder of residential property which was
transferred to the builder within the preceding year as consideration for the
purchase of new, previously unoccupied residential property, a credit for the
amount of the tax paid at the time of the transfer to the builder shall be
given to the builder toward the amount of the tax due upon the transfer.
3. Where there is a transfer of real estate which is leased by the grantor, a
credit for the amount of tax paid at the time of the lease shall be given the
grantor toward the tax due upon the transfer.
4, Where there is a conveyance by deed of real estate which was previously sold
under a land contract by the grantor, a credit for the amount of tax paid at
the time of the sale shall be given the grantor toward the tax due upon the
deed. (
5, If the tax due upon the transfer is greater than the credit given under this
§ 309, the difference shall be paid. If the credit allowed is greater than the
amount of tax due, no refund or carryover credit shall be allowed.
§ 24-810. Extension of Lease. [Ord. 180, 12/8/1987, § 10; as amended by Ord.
183, 8/9/1988, § 10]
In determining the term of a lease, it shall be presumed that a right or option to
renew or extend a lease will be exercised if the rental charge to the lessee is fixed or
ifa method for calculating the rental charge is established.
§ 24-811. Proceeds of Judicial Sale. (Ord. 180, 12/8/1987, § 11; as amended by
Ord. 183, 8/9/1988, § 11]
‘The tax herein imposed shall be fully paid, and have priority out of the proceeds of
any judicial sale of real estate before any other obligation, claim, lien, judgment,
estate or costs of the sale and of the writ upon which the sale is made except the
State realty transfer tax, and the sheriff, or other officer, conducting said sale, shall
pay the tax herein imposed out of the first monies paid to him in connection
therewith. If the proceeds of the sale are insufficient to pay the entire tax herein
imposed, the purchaser shall be liable for the remaining tax.
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§ 24-312 TAXATION, SPECIAL § 24-313
§ 24-812. Duties of Recorder of Deeds. [Ord. 180, 12/8/1987, § 12; as amended
by Ord. 183, 8/9/1988, § 12]
1. As provided in 16 P.S. § 11011-6, as amended by Act of July 7, 1983, (P-L.
40, No. 21), the Recorder of Deeds shall be the collection agent for the local
yealty transfer tax, including any amount payable to Shinglehouse Borough
based on a redetermination of the amount of tax due by the Commonwealth
of Pennsylvania of the Pennsylvania realty transfer tax, without
compensation from Shinglehouse Borough.
2. Inorder to ascertain the amount of taxes due when the property is located in
more than one political subdivision, the recorder shall not accept for
recording such a deed unless it is accompanied by a statement of value
showing what taxes are due each municipality.
3. On or before the tenth of each month, the recorder shall pay over to
Shinglehouse all local realty transfer taxes collected, less 2% for use of the
county, together with a report containing the information as is required by
the Commonwealth of Pennsylvania in reporting collections of the
Pennsylvania realty transfer tax. The 2% commission shall be paid to the
county.
4. Upon a redetermination of the amount of realty transfer tax due by the
Commonwealth of Pennsylvania, the recorder shall rerecord the deed or
record the additional realty transfer tax form only when both the State and
local amounts and a rerecording or recording fee has been tendered.
§ 24-318. Statement of Value. [Ord. 180, 12/8/1987, § 18; as amended by Ord.
183, 8/9/1988, § 13]
Every document lodged with or presented to the Recorder of Deeds for recording,
shall set forth therein and as a part of such document the true, full and complete
value thereof, or shall be accompanied by a statement of value executed by a
responsible person connected with the transaction showing such connection and
setting forth the true, full and complete value thereof or the reason, if any, why
such document is not subject to tax under this Part 3. A copy of the Pennsylvania
Realty Transfer Tax Statement of Value may be submitted for this purpose. The
provisions of this § 24-313 shall not apply to any excludable real estate transfers
which are exempt from taxation based on family relationship. Other documents
presented for the affixation of stamps shall be accompanied by a certified copy of
the document and statement of value executed by a responsible person connected
with the transaction showing such connection and setting forth the true, full and
complete value thereof or the reason, if any, why such documents are not subject to
tax under this Part 3.
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§ 24-314 SHINGLEHOUSE CODE § 24-318
§ 24-314. Civil Penalties. [Ord. 180, 12/8/1987, § 14; as amended by Ord. 183,
8/9/1988, § 14]
1. If any part of any underpayment of tax imposed by this Part 3 is due to
fraud, there shall be added to the tax an amount equal to 50% of the
underpayment.
2 In the case of failure to record a declaration required under this Part 3 on
the date prescribed therefor, unless it is shown that such failure is due to
reasonable cause, there shall be added to the tax 5% of the amount of such
tax if the failure is for not more than one month, with an additional 5% for
each additional month or fraction thereof during which such failure
continues, not exceeding 50% in the aggregate.
§ 24-315. Lien. [Ord. 180, 12/8/1987, § 15; as amended by Ord. 183, 8/9/1988,
§ 15]
The tax imposed by this Part 3 shall become a lien upon the lands, tenements, or
hereditaments, or any interest therein, lying, being situated, wholly or in part
within the boundaries of Shinglehouse Borough, which lands, tenements,
hereditaments, or interest therein, are described in or conveyed by or transferred by
the deed which is the subject of the tax imposed, assessed and levied by this Part 3,
said lien to begin at the time when the tax under this Part 3 is due and payable,
and continue until discharge by payment, or in accordance with the law, and the
solicitor is authorized to file a municipal or tax claim in the Court of Common Pleas
of Potter County, in accordance with the provisions of the Municipal Claims and
Liens Act of 1923, 53 P.S. § 7101 et seq., its supplements and amendments. {
§ 24-816. Enforcement. [Ord. 180, 12/8/1987, § 16; as amended by Ord. 183, 8/
9/1988, § 16]
All taxes imposed by this Part 8 together with interest and penalties prescribed
herein, shall be recoverable as other debts of like character are recovered.
§ 24-317. Regulations. [Ord. 180, 12/8/1987, § 17; as amended by Ord. 183, 8/9/
1988, § 17]
The Board of Supervisors of Shinglehouse Borough is charged with enforcement and
collection of tax and is empowered to promulgate and enforce reasonable regulations
for enforcement and collection of the tax. The regulations which have been
promulgated by the Pennsylvania Department of Revenue under 72 P.S. § 8101-C et
seq. are incorporated into and made a part of this Part 3.
§ 24-318. Severability. [Ord. 180, 12/8/1987, § 18; as amended by Ord. 183, 8/9/
1988, § 18]
Should any section, subsection, sentence, clause or phrase of this Part 3 be declared
invalid by a court of competent jurisdiction, such decision shall not affect the
validity of this Part 3 in its entirety or of any part thereof other than that declared
to be invalid.
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§ 24-319 ‘TAXATION, SPECIAL § 24-319
- § 24-319. Effective Date. [Ord. 180, 12/8/1987, § 19; as amended by Ord. 183,
8/9/1988, § 19]
This Part 3 shall be effective on the 9th day of August, 1988.
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§ 24-401 TAXATION, SPECIAL § 24-401
- PART 4
EARNED INCOME AND NET PROFITS TAX
§ 24-401. Definitions. [Ord. 224, 12/9/1997, § 1]
ASSOCIATION — A partnership, limited partnership or any other
unincorporated group of two or more persons.
BUSINESS — An enterprise, activity, profession or any other undertaking of
an unincorporated nature conducted for profit or ordinarily conducted for
profit, whether by persons, partnership, association of any other entity.
CORPORATION — A corporation or joint stock association organized under
the laws of the United States, the Commonwealth of Pennsylvania or any
other state, territory, foreign country or dependency.
CURRENT YEAR — The calendar year for which the tax is levied.
DOMICILE — The place where one lives and has his permanent home and to
which he has the intention of returning whenever he is absent. Actual
residence is not necessarily domicile, for domicile is the fixed place of abode
which, in the intention of the taxpayer, is permanent rather than transitory.
Domicile is the voluntary fixed place of habitation of a person, not for a mere
special or limited purpose, but with the present intention of making a
permanent home, until some event occurs to induce him to adopt some other
permanent home. In the case of businesses or association the domicile is that
place considered as the center of business affairs and the place where its
functions are discharged.
EARNED INCOME — Salaries, wages, commission, bonuses, incentive
payments, fees, tips and other compensation received by a person or his
personal representative for services rendered, whether directly or through an
agent, and whether in cash or property, not including, however, wages or
compensation paid to persons on active military service, periodic payments
for sickness, disability of other than regular wages received during a period
of sickness, disability other than regular wages received during a period of
sickness, disability or retirement or payments arising under Workmen's
Compensation Acts, Occupational Disease Acts and similar legislation or
payments commonly recognized as old age benefits, retirement pay or
pensions paid to persons retired from service after reaching a specific age or
after a stated period of employment compensation payments by any
governmental agency or payments to reimburse expenses or payments made
by employers or labor unions for wage and salary supplemental programs
including, but not limited to, programs covering hospitalization, sickness,
disability or death, supplemental unemployment benefits, strike benefits,
Social Security and retirements.
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§ 24-401 SHINGLEHOUSE CODE § 24-403
EMPLOYER — A person, partnership, association, corporation, institution,
governmental body or unit or agency or any other entity employing one or
more persons for a salary or any other entity employing one or more persons
for a salary, wage, commission or other compensation.
INCOME TAX OFFICER OR OFFICERS — Person, public employee or
private agency designated by governing body to collect and administer the
tax on earned income and net profits.
NET PROFITS — The net income from the operation of a business,
profession or other activity, except corporations, after provision for all costs,
expenses incurred in the conduct thereof, determined either on a cash or
acerual basis in accordance with the accounting system used in such
business, profession or other activity, but without deduction of taxes based
on income.
NONRESIDENT — A person, partnership, association or other entity
domiciled outside the taxing district.
PERSON or INDIVIDUAL — A natural person.
PRECEDING YEAR — The calendar year before the current year.
RESIDENT — A person, partnership, association or other entity domiciled in
the taxing district.
SUCCEEDING YEAR — The calendar year following the current year.
‘TAXPAYER — A person, partnership, association or any other entity,
required hereunder to file a return of earned income or net profits or to pay a
tax thereon.
§ 24-402. Imposition of Tax. [Ord. 224, 12/9/1997, § II]
A tax at the rate of 1% on each dollar is hereby imposed on all earned income and
net profits, as defined herein, earned by residents of the Borough and on all earned
income and net profits earned by nonresidents of the Borough for work done or
services performed or rendered in said Borough. This tax shall become effective
January 1, 1998, and shall remain in effect thereafter on a calendar year basis
without annual reenaction unless the rate of tax is subsequently changed.
§ 24-403. Declaration and Payment of Tax. [Ord. 224, 12/9/1997, § III; as
amended by Ord. 225, 6/9/1998]
1. Net profits. [Amended by Ord. No. 264, 8/13/2012]
A. Every taxpayer making net profits shall, on or before April 15 of each
year, make and file with the officer on a form prescribed by the officer
a declaration of his estimated net profits during the period beginning
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§ 24-403 TAXATION, SPECIAL § 24-403
January 1 and ending December 31 of the current year and pay to the
officer in four equal quarterly installments the tax due thereon as
follows: the first installment on or before April 15 of the current year,
June 15 of the current year, September 15 of the current year, and
January 15 of the succeeding year.
B. On or before April 15 of the succeeding year, every taxpayer shall
make and file a return on a form prescribed by the officer showing the
amount of net profits earned, the total amount of tax due and the total
amount of tax paid thereon. At the time of filing the final return, the
taxpayer shall pay to the officer the balance of the tax due, or shall
make demand for refund or credit in the case of overpayment. An
incomplete or improperly completed tax return shall be considered as
not having been filed. Each final return shall be considered as not
having been filed. Each final return shall be substantiated and
supported by such United States federal income tax return forms as
required by the officer, which shall at least include a copy of the
federal W-2 form in the case of an earned income taxable, and
Schedule C of the federal return as to a net profits taxable.
C. You may be eligible for an out-of-state credit that is applied to your
tax liabilities. In order to receive this credit, you must file the
following forms with your local earned income final return:
(2) New York State (or other out-of-state) Nonresident and Part-
Year Resident Income Tax Return (IT-203).
(2) Pennsylvania Schedule G (PA-G).
D. If the amount of the tax paid to out of state is greater than what you
would have paid to Pennsylvania (Line 4 on the PA Schedule G), you
have a credit to be applied against what you owe locally. If the
amount of tax paid to out of state is less than what you would have
paid to Pennsylvania (Line 4 on the PA Schedule G) you have no tax
credit. If you are employed out of state and file an out-of-state return,
you are required to pay an earned income tax due by April 15 without
being assessed fees for failing to make quarterly payments.
2, Earned Income. Every taxpayer shall, on or before April 15, of the succeeding
year, make and file with the officer, a final return showing the amount of
earned income received during the period beginning January 1, of the
current year and ending December 31, of the current year, the total amount
of tax due thereon, the amount of tax paid thereon, the amount of tax
thereon that has been withheld pursuant to the provisions relating to the
collection at source and the balance of tax due. At the time of filing the final
return, the taxpayer shall pay the balance of the tax due or shall make
demand for refund or credit in the case of overpayment. An incomplete or
improperly completed tax return shall be considered as not having been filed.
Each final return shall be submitted and supported by such United States
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§ 24-408 SHINGLEHOUSE CODE § 24-404
Federal Income Tax Return forms as required by the officer, which shall
include a copy of the Federal W-2 form in the case of an earned income (
taxable and Schedule C of the Federal return as to a net profit taxable.
3. Earned Income Not Subject to Withholding.
A. Every taxpayer who is employed for a salary, wage, commission or
other compensation and who received an earned income not subject to
the provisions relating to collection at source, shall make and file with
the officer on a form prescribed or approved by the officer, a quarterly
return on or before April 30 of the current year, July 31 of the current
year, October 31 of the current year, and January 31 of the succeeding
‘Year, setting forth the aggregate amount of earned income not subject
to withholding by him during the three-month periods ending March
81 of the current year, June 30 of the current year, September 30, of
the current year, and December 31 of the current year, respectively,
and subject to the tax, together with such other information as the
officer may require. Every taxpayer making such return shall, at the
time of filing thereof, pay to the officer the amount of tax shown as
due thereon.
B. The first $2,500 net income earned by the resident who is enrolled as
a full-time student in an accredited undergraduate program will be
exempt from the wage tax. Any earned income above the amount will
be subject to the tax. Students must provide proof of enrollment to the
taxing agency each year. Students must provide proof that he/she is (
receiving no subsidies from employers.
§ 24-404, Collection at Source. [Ord. 224, 12/9/1997, § IV]
1, Every employer having an office, factory, workshop, branch, warehouse or
other place of business within Borough who employs one or more persons,
other than domestic servants, for a salary, wage, commission or other
compensation, shall deduct at the time of payment thereof, the tax imposed
by Borough on the earned income due to his employee or employees and
shall, on or before April 30, of the current year, July 31, of the current year,
October 31, of the current year and January 31, of the succeeding year, file a
return and pay to the officer the amount of taxes deducted during the
preceding three-month periods ending March 31, of the current year, June
30, of the current year, September 30, of the current year and December 31,
of the current year, respectively. Such returns, unless otherwise agreed upon
between the officer and the employer, shall show the name and Social
Security number of each such employee, the earned income of such employee
during such preceding three-month period, the tax deducted therefrom, the
political subdivision imposing the tax upon such employee and the political
subdivision in which the employee resides, the total income earned of all
such employees during such preceding three-month period and the total tax
deducted therefrom and paid with the return.
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§ 24-404 ‘TAXATION, SPECIAL § 24-405
2. Any employer, who for two of the preceding four quarterly periods, has failed
to deduct the proper tax, or any part thereof, or has failed to pay over the
proper amount of tax to the taxing authority, may be required by the officer
to file his return and pay the tax monthly. In such cases, payments of tax
shall be made to the officer on or before the last day of the month succeeding
the month for which the tax was withheld.
3. On or before February 28, of the succeeding year, every employer shall file
with the officer:
A. An annual return showing the total amount of earned income paid,
the total amount of tax deducted and the total amount of tax paid to
the officer for the period beginning January 1, of the current year and
ending December 31, of the current year.
B. A return showing withholding statement for each employee employed
during all or part of the period beginning January 1, of the current
year and ending December 31, of the current year setting forth the
employee's name, address and Social Security number, the amount of
earned income paid to the employee during said period, the amount of
tax deducted, the political subdivisions imposing the tax upon such
employee, the amount of tax paid to the officer. Every employer shall
furnish two copies of the individual return to the employee for whom
it is filed.
4. Every employer who discontinues business prior to December 31, of the
current year, shall, within 30 days after the discontinuance of business, file
the returns and withholding statements herein above required and pay the
tax due.
5. Except as otherwise provided, every employer who willfully or negligently
fails or omits to make the deductions required by this section, shall be liable
for payment of the taxes which he was required to withhold to the extent
that such taxes have not been recovered from the employee.
6. ‘The failure or omission of any employer to make the deductions required by
this section shall not relieve any employee from the payment of the tax or
from complying with the requirement of the ordinances relating to the filing
of declarations and returns.
§ 24-405. Powers and Duties of Officer. [Ord. 224, 12/9/1997, § V]
1 It shall be the duty of the officer to collect and receive the taxes, fines and
penalties imposed by this Part. It shall also be his duty to keep a record
showing the amount received by him from each person or business paying
the tax and the date of such receipt.
2. Each officer, before entering upon his official duties, shall give and
acknowledge a bond to Borough. If the Borough Council of Borough shall be
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§ 24-405 SHINGLEHOUSE CODE § 24-405
ordinance designate any bond previously given by the officer as adequate,
such bond shall be sufficient to satisfy the requirements of the subsection.
A Each such bond shall be joint and several, with one or more corporate
sureties which shall be surety companies authorized to do business in
this Commonwealth and duly licensed by the Insurance Commission
of this Commonwealth.
B. Each bond shall be conditioned upon the faithful discharge by the
officer, his clerks, assistants and appointees of all trusts confided in
him by virtue of his office, upon the faithful execution of all duties
required by him according to law, of all monies and all balances
thereof paid to, received or held by him by virtue of this office and
upon the delivery to his successor or successors in office of all books,
papers, documents or other official things held in right of his office.
Cc. Each such bond shall be taken in the name of the appointing
authority or authorities and shall be for the use of the political
subdivision or political subdivisions appointing the officer and for the
use of such other person or persons for whom money shall otherwise
appear, in case of a breach of any of the conditions thereof by the acts
or neglect of the principle on the bond.
3. The officer charged with the administration and enforcement of the
provisions of the ordinance is hereby empowered to prescribe, adopt,
promulgate and enforce rules and regulations relating to any matter {
pertaining to the administration and enforcement of this Part, including
provisions for the reexamination and correction of declarations and returns
and of payments alleged or found to be incorrect, or as to which an
overpayment is claimed or found to have occurred and to make refunds in
case of overpayment for any period of time not to exceed six years
subsequent to the date of payment of the sum involved and to prescribe
forms necessary for the administration of the ordinance. No rule or
regulation of any kind shall be enforceable unless it has been approved by
the Borough Council. A copy of such rules and regulations currently in force
shall be available for public inspection.
4. The officer shall refund, on petition of, and proof by the taxpayer, earned
income tax paid on the taxpayer's ordinary and necessary business expenses,
to the extent that such expenses are not paid by the taxpayer's employer.
5. The office and agents designated by him are hereby authorized to examine
the books, papers and records of any employer or of any taxpayer or of any
person whom the officer reasonably believes to be an employer or taxpayer,
in order to verify the accuracy of any declaration or return, or if no
declaration or return was filed, to ascertain the tax due. Every employer and
every taxpayer and every person, whom the officer reasonably believes to be
an employer or taxpayer, is hereby directed and required to give to the
officer, or to any agent designated by him, the means, facilities and
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§ 24-405 ‘TAXATION, SPECIAL § 24-406
opportunity for such examination and investigations, as are hereby
authorized.
6. Any information gained by the officer, his agents or by any other official or
agent of the taxing district as a result of any declarations, returns,
investigations, hearings or verifications required or authorized by the
ordinance shall be confidential, except for official purposes and except in
accordance with a proper judicial order or as otherwise provided by law.
7. The officer may sue in the name of the Borough for recovery after payment
dates for taxpayers whose fiscal year does not coincide with the calendar
year.
§ 24-406. Suit for Collection of Tax. [Ord. 224, 12/9/1997, § VI]
1. The officer may sue in the name of the Borough for recovery of taxes due and
unpaid under this Part.
2. Any suit brought to recover the tax imposed by this Part shall begin within
three years after such tax is due or within three years after the declaration
or return has been filed, whichever date is later; provided, however, that his
limitation shall not prevent the institution of a suit for the collection of any
tax due or determined to be due in the following cases:
A. Where no declaration or return was filed by any person, although a
declaration or return was required to be filed by him under the
provisions of this Part, there shall be no limitation.
B. Where an examination of the declaration or return filed by any
person, or of other evidence relating to such declaration or return in
the possession of the officer, reveals a fraudulent evasion of taxes,
there shall be no limitation.
C. In the case of substantial understatement of tax liability of 25% or
more a no fraud suit shall begin within six years.
D. Where any person had deducted taxes under the provisions of this
Part and has failed to pay the amounts so deducted to the officer or
where any person has willfully failed or omitted to make the
deductions required by this section, there shall be no limitation.
E. This section shall not be construed to limit the Borough from
recovering delinquent taxes by any other means provided by law.
8. The officer may sue for recovery of an erroneous refund provided such suit is
begun two years after making such refund, except that the suit may be
brought within five years if it appears that any part of the refund was
induced by fraud or misrepresentation of material fact.
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§ 24-407 SHINGLEHOUSE CODE § 24-408
§ 24-407, Interest and Penalties. [Ord. 224, 12/9/1997, § VII; as amended by
Ord. No, 264, 3/13/2012]
If for any reason the tax is not paid when due, interest at the rate of 1% of the
amount of the unpaid tax for each month or fraction thereof during which the tax
remains unpaid shall be added and collected, but the amount shall not exceed 15%
in aggregate. Where suit is brought for the recovery of any such tax, the person
liable therefor shall, in addition, be liable for the costs of collection and the interest
and penalties herein imposed.
§ 24-408, Fines and Penalties for Violation. (Ord. 224, 12/9/1997, § VIII]
1. Any person who fails, neglects or refuses to make any declaration or return
required by this Part, any employer who fails, neglects or refused to deduct
or withhold the tax from his employees, any person who refused to permit
the officer or any agent designated by him to examine his books, records and
papers and any person who knowingly makes an incomplete, false or
fraudulent return or attempts to do anything whatsoever to avoid the full
disclosure of the amount of his net profits or earned income in order to avoid
the payment of the whole or any part of the tax imposed by this Part shall,
upon conviction thereof before any justice of the peace, alderman or
magistrate or court of competent jurisdiction in the County, be sentenced to
pay a fine of not more than $500 for each offense and costs and, in default of
payment of said fine and costs to be imprisoned for a period not exceeding 30
days. Each violation shall constitute a separate offense, punishable by a like
fine or imprisonment for each day of continued violation. r
2. Any person who divulges any information which is confidential under the
provisions of the ordinance shall, upon conviction thereof before any justice
of the peace, alderman or magistrate or court of competent jurisdiction, be
sentenced to pay a fine of not more than $500 for each offense and costs, and
in default of payment of said fines and costs to be imprisoned for a period not
exceeding 30 days.
3. The penalties imposed under this section shall be in addition to any other
penalty imposed by any other section of this Part.
4. ‘The failure of any person to receive or procure forms required for making the
declaration or returns required by this Part shall not excuse him from
making such declaration or return.
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CHAPTER 25
TREES
Part 1
Shade Tree Regulations
§101. Purpose
§102. Definitions
§103. Grant of Authority
§104. Species for Planting
§105. Spacing Requirements
§106. Distance from Curb, Sidewalk, Fire Hydrants and Street Corners
$107. Utilities
§108. Tree Topping
§109. Removal of Dead or Diseased Trees
§110. Potentially Hazardous Trees
§111l. Immediate Hazards
§112. Abuse or Mutilization of Public Trees
§113. Licensing
$114. Insurance
§115. Tree Removal
§116. Review by the Council
S117. Penalties
Page Revised 12/14/1993 - 177 -
Page 314
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(25, §101) (25, §101)
Part 1
Shade Tree Regulations
§101. Purpose. It is the purpose of this Part to promote and protect
the public health, safety and general welfare by providing for the
regulation of the planting, maintenance and removal of trees, shrubs, and
other plants within the Borough of Shinglehouse. We wish to maintain the
aesthetic beauty of the Borough. (Ordinance 203, 11/10/1992, §1)
$102, Definitions. As used in this local law the following terms
shall have the meanings indicated in this Section:
TREE - a tree standing on land within a public park or other area
owned by the Borough, other than a street.
SHADE TREE - a tree standing within the bounds or right-of-way of
a public street, highway, road, avenue, alley or other public way.
TREE LAWN - area between curb and sidewalk.
PARK TREE - a tree standing on land within a public park or other
area owned by the Borough, other than a street.
BOROUGH - shall mean the borough of Shinglehouse, Pennsylvania.
BOROUGH COUNCIL - shall mean the Shinglehouse Borough Council.
STREET - any street, sidewalk, road, avenue, highway or alley
open to the public.
(Ord. 203, 11/10/1992, §2)
$103. Grant of Authority.
1. The Shade Tree Commission shall have exclusive control and custody
of the shade trees of the Borough and is authorized to plant, maintain and
protect shade trees on the public streets and in the parks. This Section
does not prohibit the planting of street trees by adjacent property owners
provided that the selection and location of said tree is with written
approval of the Shade Tree Commission.
2. It shall be the duty of the Borough Shade Tree Commission to
assist the officials of the Borough, as well as its residents, in dis-
semination of information regarding the selection, planting and maintenance
of trees within the Borough, whether the same be on public or private
property, and to make recommendations from time to time to the Borough
Council as to desirable legislation concerning the tree program and
activities of the Borough. The Shade Tree Commission may set additional
policies, rules and regulations not specifically set in this Part per-
taining to tree planting, care and removal.
(Ord. 203, 11/10/1992, §3
$104. Species for Planting. The Shade Tree Commission will develop a
list ‘of species desirable for planting along the streets and a list of
trees not desirable for planting will also be created and enforced. (Ord.
203, 11/10/1992, $4)
Page Added 12/14/1993 - 178.1 -
Page 315
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(25, $105) (25, $105)
§105. Spacing Requirements. The spacing of street trees will be in
accordance with the three (3) species size classes and no trees may be
planted closer together than the following: (unless othewise specially
approved by the Shade Tree Commission)
A. Small trees - twenty-five (25) feet.
B. Medium trees - thirty-five (35) feet.
C. Large trees - fifty (50) feet; except in special plantings.
(Ord. 203, §5, 11/10/1992)
§106. Distance from Curb, Sidewalk, Fire Hydrants and Street Corners.
The distance trees may be planted from curbs and curblines and sidewalks
will be in accordance with the three (3) species size classes and no trees
may be planted closer to any curb or sidewalk (unless otherwise specially
approved by the Shade Tree Commission) than the following: small trees
over one (1) foots medium trees, one and one-half (1.5) feet; and large
trees, three (3) feet. No tree will be planted closer than ten (10) feet
of any fire hydrant or closer than thirty-five (35) feet of any street
corner. (Ord. 203, 11/10/1992, §6)
$107. Utilities. Only those trees defined as small trees in §105
shall be planted under or within ten (10) lateral feet of any overhead
utility wire or over or within five (5) lateral feet of any underground
water line, sewer line, transmission line or other utility. (Ord. 203,
11/10/1992, §7) .
$108. Tree Topping. It shall be unlawful for any person, firm,
corporation or public official or employee to top any street tree, park
tree or other tree on public property. Topping is defined as the severe
cutting back of limbs to stubs larger than three (3) inches in diameter
within the tree's crown to such a degree as to remove the normal canopy and
disfigure the tree. If, however, a tree is severly damaged by storm or
other cause or if located under utility wires or other obstructions where
other pruning practices or relocation of such wires or obstruction is not
practical, the Borough Shade Tree Commission may grant an exemption from
the provisions of this Section under such terms and conditions it may
specify. (Ord. 203, 11/10/1992, §8)
$109. Removal of Dead or Diseased Trees on Private Property. The
Borough Shade Tree Commission may require the owners of land to remove any
dead or diseased tree or part thereof on private property where such tree
constitutes a hazard to the life or property of the users of the public
streets or other public places or harbors insects or disease which
constitutes a potential threat to other trees within the Borough within
such reasonable time, of not less than thirty (30) days, as may be
specified in a notice served upon such owner either personally or by
registered or certified mail addressed to his last known address; and upon
default may cause such dead or diseased tree to be removed by the Borough
and the cost of such removal shall constitute a lien and charge upon the
real property from which such tree is removed, and may be levied on the
Borough tax roll and collected in the manner provided by law for the
collection of delinquent water rents. (Ord. 203, 11/10/1992, §9)
- 178.2 - Page Added 12/14/1993
Page 316
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(25, $110) (25, $110)
§110. Potentially Hazardous Trees in Public Areas. Trees in public
areas which, in the opinion of the Shade Tree Commission, are seriously
damaged, diseased, disfigured or constitute a hazard to the public may be
removed by the Commission. Prior to tree removals from public
rights-of-ways, notice shall be provided to the property owner(s)
immediately adjacent to the tree(s) to be removed. Notice shall also be
provided to the Council and the Mayor. The property owner may appeal the
removal to the Council and the Mayor. (Ord. 203, 11/10/1992, §10)
$111. Immediate Hazards in Public Areas. When, in the opinion of the
Commission, a tree or portion(s) of a tree in public areas constitutes an
immediate hazard to persons or property the Commission shall remove the
hazard without notice or appeal. (Qrd. 203, 11/10/1992, $11)
§112. Abuse or Mutilzation of Public Trees. Unless specifically
authorized by the Shade Tree Commission, no person shall intentionally
damage, cut, carve, injure or kill, transport or remove any tree; attach
any wire, nails, advertising poster or other contrivance to any tree; allow
any gaseous, liquid or solid substance which is harmful to such trees to
come into contact with them; or set fire or permit any fire to burn when
such fire or heat thereof will injure any portion of the tree. (Ord. 203,
11/10/1992, §12)
§113, Licensing. It shall be unlawful for any person to engage in
the business of planting, cutting, trimming, pruning, removing, spraying or
otherwise treating trees, shrubs or vines within the Borough without first
applying for a permit from the Borough Secretary. No permit is required of
any public service company or Borough employee doing such work in pursuit
of the public service endeavers. (Qrd. 203, 11/10/1992, $13)
$114, Insurance. Before any license shall be issued, each applicant
shall first file evidence of possession of liability insurance in the
minimum amounts of three hundred thousand ($300,000.00) dollars for bodily
injury or death and one hundred thousand ($100,000.00) dollars property
damage indemnifying the Borough or any person injured or damaged resulting
fron the pursuit of such endeaver as herein described. (Ord. 203,
11/10/1992, §14)
§115. Tree Removal. A written permit is required for removal of any
street tree unless for trees damaged by storms or other causes that create
unsafe conditions. (Qrd. 203, 11/10/1992, §15)
$116. Review by the Council. The conduct, acts and decisions of the
Borough Shade Tree Commission shall be subject to review by the Council,
either on its own motion or by appeal by any officer of the Borough or by
any person agrieved by any ruling or decision of such tree commission.
(Ord. 203, 11/10/1992, 516)
$117. Penalties. In addition to the penalties described in Ordinance
198 establishing the Shade Tree Commission, any person violating the
regulations in this Part regarding abuse or mutilization of public trees
shall, upon conviction or plea of guilty, be guilty of a summary offense
and shall be sentenced to a term of imprisonment not exceeding ninety (90)
days and/or to a fine not exceeding three hundred ($300.00) dollars and
costs of repair or replacement of said tree(s). (Ord. 203, 11/10/1992,
517)
Page Added 12/14/1993 - 178.3 -
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CHAPTER 26
WATER
PART 1
CONNECTIONS TO WATER SYSTEM
§ 26-101. Requirement to Connect to Water System; Definitions.
§ 26-102. Unlawful to Obtain Water From Other Sources.
§ 26-103. Failure to Connect.
§ 26-104. Permit Required.
§ 26-105. Application for Permit.
§ 26-106. Connection With System Through Other Than Existing
Means.
§ 26-107. Approval of Escrow Account; Connection Permit.
§ 26-108. Water Line Connection Fee.
§ 26-109. Property Owner to Bear Costs.
§ 26-110. Separate Water Line Connection to Be Provided.
§ 26-111. All Work Subject to Approval of Borough.
§ 26-112. Special Water Line Connection Permit.
§ 26-113. Inspection of Water Line Connection.
§ 26-114. Water Line Connections to Be Metered.
§ 26-115. Safety Measures to Be Taken.
§ 26-116. Penalties.
PART 2
WATER SYSTEM REGULATIONS
§ 26-201. Definitions and Classes of Properties.
§ 26-202. Conditions of Service and Connections.
§ 26-203. Deposits.
§ 26-204. Rate Collection and Billing Procedures.
§ 26-205. Service Connections and Lines.
§ 26-206, Meters.
§ 26-207. Discontinuance of Water Service.
§ 26-208. Fire Protection.
§ 26-209. General.
§ 26-210. Penalties.
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§ 26-101 SHINGLEHOUSE CODE § 26-103
PART 3
WATER SERVICE CHARGES
§ 26-301. Charges Levied.
§ 26-302. Classification of Property.
§ 26-303. Penalties.
PART 1
CONNECTIONS TO WATER SYSTEM.
§ 26-101. Requirement to Connect to Water System; Definitions. [Ord. 166, 3/
8/1983, § 1]
‘The owner or owners of each property in the Borough which abuts on any street,
road, alley or other public right-of-way (the “street") in which there is a water line
of the public water distribution system now or hereafter constructed or otherwise
acquired by the Borough (the "water system") and is accessible thereto, shall
connect, at his or their own expense, the house(s), building(s) and other structure(s)
located on said property to the water system. The term "accessible to" as used
herein means the house, building and/or other structure shall be situated not more
than 400 feet from the street in which the water system is located. Connection to
the water system shall be made by such owner or owners at any time within 60 (
days' after notice to make such connection is served on such owner or owners by the
Borough or its agent, either by personal service or by certified or registered mail
with return receipt requested. The terms "to connect" and the "connection" as used
herein shall mean the connection of the water system of the house, building and
other structure to the public "Ys" or "Ts" or extensions thereof (if any) of the water
system accessible thereto.
§ 26-102. Unlawful to Obtain Water From Other Sources. [Ord. 166, 3/8/1983,
$2]
It shall be unlawful for any owner, lessee or occupier of any property in the Borough
abutting on any street in which a public water line of the water system is located
and accessible thereto to employ, or permit any other person to employ, with respect
to such property any means of obtaining water other than from connection to and
use of the water system.
§ 26-103. Failure to Connect. [Ord. 166, 3/8/1983, § 3]
In case any property owner shall neglect or refuse to connect such house, building
and other structure with the water system within the sixty-day period immediately
following service of the notice to connect, the Borough or its agent may enter upon
such property and construct such water line connection; and the Borough shall send
an itemized bill of costs of the construction of such connection (together with the
uniform connection fee mentioned in § 26-108 hereof) to the owner or owners of such
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§ 26-103 WATER § 26-106
property, which bill shall be payable forthwith; and, if such owner or owners neglect
‘or refuse to pay such bill of costs, the Borough shall file a municipal lien for the
costs of said construction within six months after the completion of the construction
of such water line connection, as provided by law, or pursue any other legal or
equitable remedy available to the Borough to collect such bill of costs and
connection fee. This paragraph is not intended to restrict or limit any legal or
equitable remedy that the Borough may have with respect to the failure of a
property owner to connect to the water system. A penalty of 10% of the bill of
construction costs of such connection will be added to the itemized bill of costs to
cover the inconvenience, delay and administrative costs involved in the Borough
being required to make such connection, and shall be payable with such bill, and if
unpaid shall be included in the liened costs or otherwise collectible at law or equity.
§ 26-104. Permit Required. [Ord. 166, 3/8/1983, § 4]
No person (as used herein including any individual, corporation, firm, association,
partnership, joint stock company, trust institution, cooperative, unincorporated
organization or public body) shall be authorized to uncover, make any connection
with or opening into, alter or disturb the water system without first having received
a permit (renewable annually) from the Borough or its agent to do so, having
registered with the Borough or its agent and posted with the Borough or its agent a
bond payable to the Borough, complying with the requirements set forth in § 26-106
hereof as applicable to such person.
§ 26-105. Application for Permit. [Ord. 166, 3/8/1983, § 5]
No unauthorized person shall uncover, make any connection with or opening into,
‘use, alter or disturb the water system without the owner or owners of the property
on which the house, building or other structure to be connected is located first
obtaining from the Borough or its agent a written water line connection permit.
Such owner or owners desiring or required to connect with the water system shall
make application therefor first in writing to the Borough or its agent, setting forth
in such application the character of and the intended use to which the house,
building and other structure and the property is to be put.
§ 26-106. Connection With System Through Other Than Existing Means.
(Ord. 166, 3/8/1983, § 6]
If such owner or owners will have to connect with the water system by means other
than through an existing "Y" or "T” on the water system and extension thereof to
the curb line or cartway line of the street, the Borough or its agent upon receipt of
‘an approved application shall direct such owner or owners to establish an escrow
account at a bank, selected by the Borough or its agent, in a principal amount of not
Jess than $2,000 nor more than $5,000, as the Borough or its agent shall determine
in its sole discretion, to protect the Borough against, to be used for, or to indemnify
and save harmless the Borough from, all costs and expenses incurred or to be
incurred as a result of any damage or other harm to persons (including death) or
property caused by said owner or owners in connection with the making of such
water line connection. Funds in said escrow account may be used or applied, with
xespect to such connection,
1 Against all damages for injury to the water system,
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§ 26-106 SHINGLEHOUSE CODE § 26-108
2. To replace in good condition any curbing, pavement or earth disturbed,
3. To indemnify and save harmless the Borough for two years from the
completion of the work, from all damages, repairs, costs and expenses,
injuries and such actions and suits as are caused or occasioned by defective
materials and workmanship, and from all damages from any accident
(including death) and from all costs and attorney's fees incurred by reason of
any matter or thing done, committed or omitted by such owner or owners or
their agents, contractors or employees under or in any way connected with
such permit, and
4. To comply in all respects with the ordinances, resolutions, rules and
regulations of the Borough and any other governmental agency having
jurisdiction with respect to the same now in force or hereafter to be passed.
The Borough or its agent will also prepare and deliver to such owner or
owners a form of agreement where under such owner or owners will
indemnify and save harmless the Borough from all damages, repairs, costs
and expenses, injuries and such actions and suits as are caused or
occasioned by defective materials and workmanship, and from all damages
from any accident (including death) and from all costs and attorney's fees
incurred by reason of any matter or thing done, committed or omitted by
such owner or owners or their agents, contractors or employees under or in
any way connected with such permit, The release agreement and escrow
account will be enforceable by the Borough or its agent for two years from
the completion of the construction. (
§ 26-107. Approval of Escrow Account; Connection Permit. [Ord. 166, 3/8/
1983, § 7]
Upon approval of the escrow account and release agreement by the Borough or its
agent in all cases where a release agreement and escrow account are required as
above provided, and, in all cases, upon payment of the water line connection fee
hereinafter provided, the Borough or its agent shall issue a water line connection
permit authorizing the approved applicant to connect such house, building and
other structure to the water system. The Borough reserves the right, for good and
lawful cause to protect the water system and the users thereof, to refuse permission
to any such owner or owners of such property to connect directly or indirectly to the
water system, and to compel in cases of the nonpayment of water service charges as
due the discontinuance of such connection to and use of the water system.
§ 26-108. Water Line Connection Fee. [Ord. 166, 3/8/1983, § 8]
‘A water line connection fee shall be paid by the owner or owners of such house,
building and other structure being connected to the water system for each
connection in accordance with the following schedule:
1 If the water line connection application is made prior to the date of issuance
of the Certificate of Substantial Completion for Contract No. 1 of the 1983
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§ 26-108 WATER § 26-113
Water System Improvements Project, the water line connection fee is zero,
and
2. If the water line connection application is made after the date described in
clause (1) above, the water line connection fee shall be the greater of the
actual cost incurred by the Borough with respect to such connection, or the
sum of $400.
§ 26-109, Property Owner to Bear Costs. [Ord. 166, 3/8/1983, § 9] ‘
All costs and expenses incident to the installation of the water line connection and
the connection of such house, building and other structure with the water system
shall be borne by the owner or owners of the property on which such house, building
or structure being so connected is located. Such owner or owners shall indemnify
and save harmless the Borough from any loss, claim (including death) or damage
directly or indirectly caused by or arising out of the installation and water line
connection of a house, building and other structure on his, her or their property, as
the case may be.
§ 26-110. Separate Water Line Connection to Be Provided. [Ord. 166, 3/8/
1983, § 10]
A separate water line connection shall be provided for every principal house,
building and other structure, except that where a building stands at the rear of
another and no separate connection to the water system can be made through an
adjoining alley, court, yard or driveway, the water line connection from the front
building may be extended to the rear building but only upon prior written approval
of the Borough or its agent.
§ 26-111. All Work Subject to Approval of Borough. [Ord. 166, 3/8/1983, § 11]
All water line connections, materials therefore, jointing materials and methods used
shall be subject at all times to the direction, inspection and approval of the Borough
or its agent according to uniform rules, regulations and standards, as adopted and
amended from time to time by the Borough or its agent, therefore and for the
operation and maintenance of the water system; and which agent the Borough may
appoint from time to time by resolution duly adopted.
§ 26-112. Special Water Line Connection Permit. [Ord. 166, 3/8/1983, § 12]
No person shall connect with the water system other than through, by or into "Ys"
and "Ts" in the water system without a special water line connection permit and the
designation of the location of the "Ys" and "Ts" by the Borough or its agent. No
person shall drill into or tap any water line of the water system without prior
written permission from the Borough or its agent.
§ 26-113. Inspection of Water Line Connection. [Ord. 166, 3/8/1983, § 13]
Such property owner or owners holding a water line connection permit shall notify
the Borough or its agent at least 24 hours in advance of when the water line
connection is ready for inspection and connection with the water system is to be
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§ 26-113 SHINGLEHOUSE CODE § 26-115
made. In no case shall backfill be placed until such inspection has been made. The
inspector of the Borough or its agent shall signify his approval of such water line
connection in writing on the water line connection permit which the owner or
owners of such property must have obtained and must retain as evidence of such
approved connection. The Borough or its agent may from time to time and at any
reasonable time inspect, test, and require repair or replacement of all water line
connections to the water system to assure compliance with applicable laws and
rules and regulations of the Borough applicable to the water system. The owner or
owners of any property on which a house, building and other structure is located
which is connected or is to be connected to the water system, and the lessees,
tenants or occupants of such property shall permit the inspector of the Borough or
‘its agent full and complete access to any water meter, read-out and the water
system of such house, building and other structure and the property in connection
with the enforcement of, and to assure compliance with, the rules and regulations of
the Borough and its agent with respect to the water system, and the operation and
maintenance thereof, and this Part.
§ 26-114. Water Line Connections to Be Metered. [Ord. 166, 3/8/1983, § 14]
All water line connections to the water system within the Borough shall be metered.
‘The Borough shall furnish to such owner or owners of each property being serviced
a water meter and remote read-out for such meter. All water meters and remote
read-outs shall be accessible to and controlled by the Borough and shall be and
vemain the property of the Borough. At the expense of such owner or owners, water
meters shall be installed inside the building and remote read-outs shall be installed
outside the building, in each case except as may be provided in such rules and
regulations of the Borough, at locations approved by the Borough to control the (
entire water system of the building. Water meters and remote read-outs shall be
maintained as to wear and tear by the Borough with such owner or owners being
responsible for any damage or injury to the meters and remote read-outs caused
directly or indirectly by such owner's or owners’ negligence or carelessness. The
Borough or its agent shall have the right of free access at all reasonable times to the
property and building on and in which a water meter and remote read-out is
installed for the purpose of installing, setting, resetting, reading, testing, inspecting,
yepairing, replacing and removing the same. The Borough may furnish certain
fittings which are to be used in connection with such water meters and remote read-
outs. The size of the water meter to be furnished shall be determined by the
Borough or its agent. If such owner or owners do not install such water meters and
remote read-outs, the Borough or its agent may do the same as provided herein in
§ 26-103 hereof for the installation of a water line connection, with the same rights
to bill for, lien and collect any unpaid costs and a 10% penalty of the cost of such
installation as provided in said § 26-103.
§ 26-115. Safety Measures to Be Taken. [Ord. 166, 3/8/1983, § 15]
All excavations for water line connections shall be adequately guarded with
barricades and lights to protect the public from hazards. All streets, sidewalks and
public property, disturbed in the course of making a water line connection, shall be
restored to the same condition they were in prior to such disturbance, to the extent
practicable, in a manner satisfactory to the Borough or its agent.
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§ 26-116 WATER § 26-116
§ 26-116. Penalties. [Ord. 166, 3/8/1983, § 16; as amended by Ord. 174, 6/11/
1985]
Any person, firm or corporation, or its officers, violating any of the provisions of this
Part 1 shall, upon conviction thereof, before any District Magistrate, be sentenced to
pay a fine of not more than $300 for each and every offense, and costs, or to be
imprisoned in the Potter County Jail for a period not exceeding 90 days, or both.
Whenever such person shall have been notified in writing by the Borough or its
agent that such person, firm or corporation, or its officer, is violating this Part 1,
each full week that he, she or they shall continue such violation after receipt of such
notification shall constitute a separate offense punishable by a like fine or
imprisonment, or both, upon conviction thereof.
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§ 26-201 WATER § 26-202
PART 2
WATER SYSTEM REGULATIONS
§ 26-201. Definitions and Classes of Properties. [Ord. 168, 5/12/1983, § 1]
COMMERCIAL ESTABLISHMENTS — Any building, structure, room, group
of rooms or enclosure occupied or intended to be occupied or used now or in
the future entirely or in part for commercial, industrial or institutional
purposes, either for services, sales or manufacturing, care of the sick,
educational, religious, and with or without a dwelling unit in the same
building, A’ separate meter shall be required for each building or, if the
Borough shall require, for each such room, group or rooms or enclosure. The
commercial minimum rate, plus increments for applicable usage in
accordance with the rate schedule, shall be applicable to each commercial
unit.
MOTELS — A dwelling unit for each four units or any part thereof. The
commercial minimum rate, plus increments for applicable usage in
accordance with the rate schedule, shall be applicable for each four units.
The motel may be served by only one meter.
RESIDENTIAL — Any building used as a home or residence, with a separate
meter for each such building or, if the Borough shall require, for each
: dwelling unit (a dwelling unit being any room, group of rooms, enclosure,
ete., occupied or intended for occupancy as a separate living quarters by a
family or other group of persons living together or by a person living alone,
provided the same shall have a separate bathroom, washroom, toilet facilities
or entrance). The residential minimum rate, plus increments for applicable
usage in accordance with the rate schedule, shall be applicable to each
residential dwelling unit.
‘TRAILER PARKS — Three or more mobile or stationary trailers occupied or
used as homes, residences or for commercial purposes, and located adjacent
to each other on land of a common owner. The residential minimum rate,
plus increments for applicable usage in accordance with the rate schedule,
shall be applicable with respect to each trailer. Trailer parks may be serviced
by only one meter.
§ 26-202. Conditions of Service and Connections. [Ord. 168, 5/12/1983, § 2]
1. Service Request. A request for water service shall be made by the property
owner at least one week before the regular monthly meeting of the Council of
the Borough. Upon approval by the Borough, applicant shall make provisions
to extend his service line, of approved materials, at his expense to the
designated location for the curb stop. The Borough shall use its best efforts
to install the service connection from its public water main to the shortest of:
A. The curbline if there is no sidewalk,
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§ 26-202 SHINGLEHOUSE CODE § 26-204
B. On the private property side of a sidewalk,
C. The property line, or
D. The property owner's private service line, within seven days of the
notification that the property owner's private portion of the private
service line is ready for inspection by the Borough.
2. Any modification, repeal, supplement or amendment of these rules and
regulations shall be applicable to and shall govern property owners receiving
water service upon the effective date of such modification, repeal,
supplement or amendment, as well as future property owners.
8. Anew application must be made by a property owner to and approved by the
Borough upon any change in classification of the property, or upon any
change in type or purpose of water service required by the property. The
Borough upon seven days' written notice, may discontinue water service
until such new application has been made and approved.
§ 26-203. Deposits. [Ord. 168, 5/12/1988, § 3]
1. Deposits may be required from property owners taking temporary water
service for an estimated period of less than 120 days, in an amount equal to
the estimated gross bill for such temporary service. Deposits may be required
from property owners taking permanent water service in an amount not in
excess of the estimated gross bill for any single monthly billing period: (
provided, however, that the minimum deposit shall be $20.
2. The deposit of any property owner taking water service for a period less than
120 days shall be returned when he shall have paid the undisputed bill for
water services. The deposit of any property owner taking permanent water
service shall be returned when he shall have paid the undisputed bills for
water service for a period of 12 consecutive months or for the full period of
service rendered, whichever is less; and any such property owner who shall
have secured the return of his deposit shall not be required to make a new
deposit unless his water service has been discontinued and the property
owner's credit standing has been impaired through failure to comply with
the provisions of these rules and regulations or in prevailing water rates,
rents and charges then in effect or any other ordinance adopted or enacted
by the Borough with respect to the water system.
3. In addition, a deposit may be required in accordance with § 26-206,
Subsection 7, hereof.
§ 26-204. Rate Collection and Billing Procedures. [Ord. 168, 5/12/1983, § 4; as
amended by Ord. 174, 6/11/1985]
1 All places of services, whether residential, commercial, industrial,
institutional, trailers or of a public nature, and whether occupied or used by
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§ 26-204 WATER § 26-204
the owner of the property, his tenant or the property owner, shall be metered
in accordance with these rules and regulations or the then applicable water
connection ordinance; and the property owner shall be charged for water
used at the rates and charges fixed from time to time by the Borough by
ordinance duly enacted, subject to any applicable classification discount or
surcharge in accordance with rules and regulations as adopted by the
Borough.
2. Bills for water service shall be rendered monthly to each property owner for
service rendered during the preceding one-month period, based on actual or
estimated water usage. The bill shall be based on actual water used at least
once every three months. Bills shall be payable at net on or before the 15th
day of the month following the end of each monthly billing period. A penalty
of $1.25 shall be added after this fifteen-day period on each bill not based on
metered water use overage; and a penalty of 10% of the amount billed shall
be added after such fifteen-day period on each bill based on metered water
use overage. After 30 days delinquency after the due date 45 days after the
end of the monthly billing period), water service will be discontinued;
provided 10 days (or such longer period as may be required by law in the
specific instance) prior written notice thereof is mailed (certified mail with
return receipt requested) to the delinquent registered owner of the property
at his address as appears on the water service application records as updated
from time to time by the property owner. Any water service charge not paid
on or before 30 days after the due-date shall be a lien on the property
charged with the payment thereof. Such water service charge, if not paid
within time thereafter by an action of assumpsit or by distress of personal
property on the premises or by the filing of a municipal claim and the
execution thereon or by any other means available by due process of law.
3. Bills for water service shall be determined by estimated or actual meter
registration or minimum rate charges, whichever is the higher. In every case
where a meter fails to register, a bill shall be rendered in accordance with
§ 26-206, Subsection 5. Unmetered property owners are to pay the minimum
monthly rate for their classification until a meter is installed.
4. Payments mailed, as evidence by the postmark, on or before the end of the
period during which the bill is payable, will be deemed to be a payment
within such period. Whenever a due date falls on a Saturday, Sunday or
official holiday, payment mailed or received on the next regularly scheduled
work day shall be deemed to be a payment within such period.
5. Failure to receive a bill shall not exempt any property owner from the
incurring of a penalty for nonpayment in the period during which the bill is
payable. The presentation of a bill to a property owner is only a matter of
accommodation and not a waiver of this rule.
6. The owner or owners of each property and the customers, tenants and
occupiers thereof receiving water service are jointly and severally responsible
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§ 26-204 SHINGLEHOUSE CODE § 26-205
for the payment of all water service charges with respect to such property,
regardless of to whom water service bills are mailed. (
§ 26-205. Service Connections and Lines. [Ord. 168, 5/12/1988, § 5]
1. The Borough shall make or cause to be made all service connections to its
water mains, Upon approval of an application for water service and issuance
of a water line connection permit in accordance with Ordinance No, 166
[Part 1 of this chapter] of the Borough, as amended and supplemented from
time to time, which application shall be the written consent of the applicant
to these rules and regulations, as amended and supplemented from time to
time, the Borough, at the expense of the property owner, will tap the main,
insert a corporation cock, install a service connection to the curb or, if no
curb, to the property line, inside the sidewalk or to the private service line or
other designated point as stipulated below, and insert a curb stop with curb
box, all of which facilities shall be and shall remain the property of the
Borough, and shall be maintained by the Borough. The Borough shall also
provide a meter and remote read-out to such property owner to be installed
at the property owner's expense by the property owner as provided in
Ordinance No. 166 {Part 1 of this chapter]. The meter and remote read-out
remain the property of the Borough to which it shall have the right of free
access as provided in said Ordinance No. 166.
2. In the case where the Borough's public water line is laid in a right-of-way,
the service connection by the Borough will be extended to the edge of the
right-of-way. The curb stop will be located on the right-of-way and in no case (
will the service connection by the Borough extend beyond the right-of-way
boundary.
3. Service connections will not be installed by the Borough when any portion of
the service connection passes over or through premises which at the time are
the property of persons other than the owner of the premises to be supplied,
unless the owner of the premises not being served by the water connection
conveys to the Borough a satisfactory water line right-of-way across the
premises.
4, Service lines beyond the curb stop into the property desiring service (herein
generally called "private service lines") shall be installed by the property
owner at his expense and shall be owned and maintained by and at the
expense of the property owner and shall be of the size, material and quality
approved by the Borough. The pipe connecting the Borough stop valve to the
private service line shall be K type copper pipe, or of such other material as
the Borough may approve, of at least 3/4 inch diameter and fittings shall be
of the compression type. Such private service line shall be laid not less than
four feet below the surface and shall not be covered until the tap on the curb
box is made and inspected and such private service line tested. All plumbing
connections shall be able to withstand a pressure of at least 200 pounds per
square inch. No service line shall be laid within three feet of any gas pipe,
sewer pipe or any other facility of any public service company nor within
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§ 26-205 WATER § 26-205
three feet of any open excavation fault, conduit or vault, unless prior
permission of the Borough is obtained. Control of water supply by the
property owner shall be by means of a separate stop and waste cock located
just inside the building wall, fully capable of draining all pipes and so
located as to prevent freezing. In order to provide for the installation of the
water meter, the following shall apply to all sizes of private service lines:
A Where the private service line enters any building, there shall be a
shutoff valve installed as close to the inside wall as possible.
B. Where required by the Borough, next to the meter shall be installed a
3/4 inch A.S.M.E. approved pressure reducing valve with a maximum
rating of 300 pounds of pressure (p.s.i.) at the incoming and 25 to 100
p.s.i. at the outgoing. It is required that any private service line 1 1/4
inches to two inches in diameter shall have a one inch A.S.M.E.
approved pressure reducing valve. Where any service line excess two
inches in diameter, the size of the A.S.M.E. approved reducing valve
shall be determined by 1/3 the diameter of the pipe used, said valve
shall have a maximum pressure rating of 300 p.s.. at the incoming
and 100 p.s.i. at the outgoing.
5. Service connection of the private service line to the public water line shall be
made only after the property owner has completed installation of his private
service line from the structure to be served to the curb box or has given
assurance, satisfactory to the Borough, of his intention so to do and has paid
to the Borough the connection fee and receive his water line connection
permit.
6. The size of the public service connection from the main to the curb box
necessary to service adequately a property owner and the location of such
public service connection shall be determined by the Borough from all the
facts known at the time. If any applicant for water service shall request a
service connection of a greater capacity than that determined by the Borough
to be adequate, or if any applicant shall request that a service connection be
located in a location different than that determined by the Borough, the
Borough, at its sole discretion, may install such public service connection in
accordance with the request of such applicant at the applicant's expense.
7. When it is necessary to replace an existing public service connection from the
main to the curb box, the Borough will replace said service connection in the
same location as the old public service connection; provided, however, that if
the property owner, for his own convenience, desires the new service
connection at some other location and agrees to pay to the Borough all
expenses of cutting off the old service connection at the main and any other
additional expenses incurred by the Borough in complying with said request,
then the Borough will install the new service connection at the location
desired, if said location is approved by the Borough.
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§ 26-205 SHINGLEHOUSE CODE § 26-205
8. Only persons properly authorized by the Borough shall be permitted to make
service connection installations. (
9. All property owners shall keep and maintain their private service lines,
cocks and apparatus in good repair and condition, shall protect the same
from frost and shall prevent all waste of water.
10. All leaks in private service lines from the curb box to, in and upon the
premises supplied with water shall be repaired promptly by the property
owner, at his own expense. Upon failure of such property owner to make
such repairs within a reasonable time, the Borough, in its discretion, except
in cases of emergencies, upon 10 days’ notice, may discontinue water service
to such property, after which such water service shall not be restored until
and after the property owner shall have paid to the Borough the full amount
of all proper and necessary expenses incurred by the Borough in
discontinuing and again restoring water service, which shall include a charge
of $20 for discontinuing and then restoring water service.
11. The Borough shall not be responsible for maintenance of any private service
line or any other line, pipe or fixture on the outlet side of the curb stop. Nor
shall the Borough be responsible for any damage resulting from escape of
water from any private service line or any pipe or fixture on the outlet side of
the curb box. The customer and the property owner shall comply at all times
with all Federal, State and municipal regulations relating to service lines
and fixtures on the outlet side of the curb box, and the Borough shall not be
required to deliver water service to such property unless so approved. The (
customer and the property owner, at his own expense, shall make any and
all changes to such private service lines, pipes and fixtures on the outlet side
of the curb box, which shall be required or made necessary as a result of any
change of grade, relocation or mains or distribution lines or otherwise.
12. No customer or property owner shall divert, in any manner whatsoever,
water being furnished to such customer or property owner to any other
person, except with prior written permission of the Borough.
18. No person obtaining water from a private water supply, under any
circumstances, shall construct or maintain, or cause or permit to be
constructed or maintained, any connection, directly or indirectly, between
such private water supply and the water system being operated by the
Borough.
14. A separate public service connection and curb box shall be installed for each
dwelling unit; provided, however, that if a building, house or other single
structure contains two or more dwelling units and the owner or owners
thereof shall request, or the Borough shall deem it advisable, the Borough in
its discretion, may install a single service connection and curb box for such
building, house or other structure.
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§ 26-205 WATER § 26-206
When more than one dwelling unit is supplied through one service
connection under control of one curb box, any violation of these rules and
regulations by any customer so supplied shall be deemed a violation as to
all supplied through such curb box and the Borough may take such action
as could be taken against a single customer or property owner, except that
such action shall not be taken until the innocent customer, who is not in
violation of these rules and regulations, has been given reasonable
opportunity to pay the delinquency as provided by law or to cause the
property owner to make application for and have installed a separate water
connection to the water system of the Borough.
15. Ifa property owner applies to or petitions the Borough for water when there
is not a public water line in the street, road, alley or water line right-of-way
adjacent to his property or location, the owner may enter into a water line
deposit agreement where under the owner deposits in escrow with the
Borough funds sufficient to install the requested public water line, of at least
eight inches in diameter with related appurtenances as the Borough may
require, and the Borough agrees to construct such public water line on public
property, as far across such owner's property as the Borough may determine,
and provide therefrom such water service as herein otherwise provided. In
the alternative, the Borough at its sole discretion, upon approval of the plans
and specifications therefore and inspection of the construction thereof, may
authorize the owner to design and construct at his own expense, to the
Borough's approval, such water mains, which upon completion and testing
~ shall be dedicated to, and may be accepted by, the Borough as a part of its
water system; and thereupon the Borough will provide water services to such
property owner, in accordance with these rules and regulations, as amended
and supplemented from time to time, and other property owners as may be
required to connect to such public water line.
§ 26-206. Meters. [Ord. 168, 5/12/1983, § 6]
1 All water meters and remote read-outs shall be furnished by the Borough,
shall be accessible to and under control of the Borough, and shall be and
remain the property of the Borough, all as provided in Ordinance No. 166
[Part 1 of this chapter], as amended and supplemented. The costs of
installation of meters and remote read-outs shall be at the expense of the
property owner.
2. Meters shall be conveniently located within the structure supplied or in
facilities for the housing thereof satisfactory to the Borough, at a point
approved by the Borough, so as to control the entire water supply; and a
proper place and protection thereof shall be provided by the property owner
at his expense. In any case where it is not convenient to place the meter
within the structure, or where the service line from the curb box to the
structure to be served is more than 100 feet in length, the Borough may
permit the meter to be placed outside the structure in a vault provided with
a suitable cover, lock and key. Said vault shall be at least one foot six inches
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§ 26-206 SHINGLEHOUSE CODE § 26-206
inside measurement, properly drained, and shall be built within the property
line of the structure served at the expense of the property owner. The remove
read-out shall be installed by the property owner at his own expense at a
location convenient and acceptable to the Borough.
8. Meters and remote read-outs will be maintained by the Borough as far as
wear and tear is concerned, and the property owner shall be responsible to
the Borough for any damage, loss or injury to any meter or remote read-out,
including damage or loss caused by freezing or hot water. The property
owner shall not permit any person, except the Borough or its agent or other
lawfully authorized by the Borough to so do, to remove, inspect or tamper
with the meter, the remote read-out or other property of the Borough on the
premises.
4. The charge for removal and re-installation of meters when removed because
of damage in any water for which the property owner is responsible shall be
fixed by the Borough at not less than $10.
5. The quantity of water used as recorded by the meter and remote read-out
shall be conclusive on both the property owner and the Borough, except
when the meter or remote read-out has been found to be registering
inaccurately or has ceased to register. In either case excepted above, the
meter or remote read-out will be repaired promptly by the Borough, and the
quantity of water consumed for the billing period when the meter or remote
read-out was out of service or registering inaccurately (but not to exceed
three monthly billing periods) shall be estimated by the average registration
of the meter on the six previous monthly billing periods.
6. In case of a disputed account involving the accuracy of a meter or remote
read-out, such meter or remote read-out shall be tested upon the request of
the property owner. In the event the meter or remote read-out so tested is
found to have an error beyond 4% of the accurate amount, the bill will be
increased or decreased for the billing periods such meter or read-out was not
registering accurately (but not to exceed three monthly billing periods)
accordingly by an estimate based upon the average registration of the meter
on the six consecutive previous monthly billing periods.
7. Bach request for a test of a meter or remote read-out for accuracy shall be
accompanied by a deposit, as follows:
‘The greater of (i) the actual cost of testing, or (ii) (a),
For 5/8 inch to one inch meters: $25, or (b),
For 1 1/4 inch to two inch meters: $50, or (c),
For greater than two inch meters $75.
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§ 26-206 WATER § 26-207
If the meter or remote read-out so tested shall be found to be correct within
4%, the deposit shall be retained by the Borough as compensation for such
test; if the error in registration is found to be beyond 4% of the accurate
amount, then the cost of the test shall be borne by the Borough and the
amount of the deposit shall be returned to the property owner making the
deposit.
8. The property owner shall notify at once the Borough of injury to or cessation
in registration of the meter or remote read-out, as soon as it comes to his
knowledge.
9. The Borough shall have the right of free access at all reasonable times to the
premises in or on which a meter and remote read-out are installed for
purposes of installing, setting, resetting, reading, testing, inspecting,
yepairing and removing such meter or remote read-out.
§ 26-207. Discontinuance of Water Service. [Ord. 168, 5/12/1983, § 7]
1 After 10 days’ (or such longer period as may be required by law in such
instance) prior written notice mailed by certified mail, return receipt
requested to the property owner (and the customers, users or tenants as may
be required by law in such instance) water service to any property owner
may be discontinued for any of the following reasons:
A Misrepresentation, of a substantial nature, in the application for
water service, including but not limited to, misrepresentation as to
property or fixtures to be supplied or the use to be made of water
supplied.
B. Failure to make payment of a monthly bill for water service within 45
days after the end of a monthly billing period.
C. Failure to properly maintain the connections, private service lines and
other fixtures of the property owner or to protect the meter,
connections or remote read-out, private service lines and other
fixtures of the property owner from freezing and other damage.
D. Use of water for any property or for any purpose other than as stated
in the application for service.
E. Willful waste of water through improper or imperfect pipes, fixtures or
otherwise.
F. Tampering with or molesting any public service connection, pipe,
meter, remote read-out, curb box, curb stop or seal, stop cock, valve
seat or any other appliance operated by the Borough in the supply of
water or controlling or regulating the supply of water.
G. Failure to make or renew any required deposits.
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§ 26-207 SHINGLEHOUSE CODE § 26-208
H. Failure to pay any bill properly due the Borough, without regard to
the manner incurred, relative to operation and maintenance of the
water system.
I. Violation of any of these rules and regulations.
J. Violation of any ordinance or resolution of the Borough pertaining to
the water system.
K. Refusal to permit access at reasonable times to such person's or
customer's property or location for inspection of water facilities on
such premises served or to be served or for installing, setting,
resetting, reading, testing, inspecting, repairing or removing the
meter or remote read-out or other water facilities of the Borough.
2. After discontinuance of water service for any of the reasons set forth in § 26-
207, Subsection 1, of these rules and regulations, water service shall not be
restored until the violation has been cured, all damage and loss to the
Borough occasioned by such violation has been paid and proper assurance,
satisfactory to the Borough, has been given that the violation shall not occur
again. All proper and necessary expenses incurred by the Borough in
discontinuing and restoring water service shall be paid by property owner in
advance of the re-establishment of water service, which shall include a
charge of $20 for discontinuing and then restoring water service.
3, Water service may be discontinued to any premises upon written request of (
the property owner and the acceptance of the Borough, without in any way
affecting any existing water service agreement or contract with such
property owner.
4 When dwelling units shall be temporarily unoccupied, the property owner
may notify the Borough in writing, and water service will be discontinued, as
the Borough shall determine. When the premises are again occupied, the
property owner shall notify the Borough in writing, and water service that
had been discontinued will be restored. No refund or allowance will be made
for an unoccupied dwelling unit when written notice, both at time of vacancy
and at time of resumed occupancy, has not been given as above provided.
The Borough shall charge $20 for discontinuing and then restoring water
service.
§ 26-208. Fire Protection. [Ord. 168, 5/12/1983, § 8]
1 Public fire hydrants for public fire protection service may be located,
installed and maintained by or on behalf of the Borough at its cost or
expense.
2. Private fire protection service may be provided by the Borough, at its sole
discretion, at the request and expense of the property owner.
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§ 26-208 WATER § 26-209
3. No cross connection shall be made between any service connection installed
for public or private fire protection service and any service connection
providing other water service to a property owner.
4 Water from public or private fire hydrants or other fire protection systems
shall be used only in case of fires, except that water from public fire hydrants
may be used, in a reasonable amount, for the purpose of testing the hydrants
and fire fighting apparatus, such tests to be conducted only by the persons
properly authorized by the Borough. No public fire hydrant shall be used for
the sprinkling of streets, roads, alleys, for the flushing of sewers or gutters or
for any purpose other than fire protection, unless specifically permitted in
writing by the Borough for the particular time and occasion.
5. Every customer and property owner, by the taking of water, understands
and agrees that the Borough assumes no liability as an insurer of property or
persons, and that the Borough, by providing public or private fire protection
service, does not contemplate any special service, pressure, capacity or
facility other than that ordinarily provided in normal operation of the water
system. The Borough declares, and each and every customer and property
owner agrees, that the Borough shall be free and exempt from any and all
claims for injury or damage to persons and property by reason of fire or
water or failure to supply water, pressure or capacity.
§ 26-209. General. [Ord. 168, 5/12/1983, § 9]
1, As waste of water is prohibited. No customer or property owner shall allow
water to run to waste or to run merely to prevent freezing. Each customer
and property owner shall keep his faucets, valves, hydrants, service lines
and hose in good order and condition at his own expense. Sprinkling of any
kind whatever must be done with ordinary spraying nozzles generally in use.
2. As necessity may arise in case of break, emergency or other unavoidable
cause, the Borough shall have the right to temporarily cut off or limit water
supplied in order to make necessary repairs and connections and for other
necessary purposes. The Borough will use all reasonable and practicable
measures to notify the property owners in advance of such discontinuance or
limitation of service. The Borough shall not be liable for any damage or
inconvenience suffered by any customer or property owner, nor in any case
for any claim against the Borough at any time, for interruption of service,
lessening of supply, inadequate pressure, poor quality of water or any other
cause beyond its control. The Borough shall have the right at all times to
restrict or regulate the quantity of water used by customers and property
owners in case of scarcity or whenever the public welfare may require such
control.
38. The Borough will not be liable for any claim or damage arising from a
shortage of water, the breaking of machinery or other facilities or any other
cause beyond its control.
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§ 26-209 SHINGLEHOUSE CODE § 26-209
4. Water shall not be turned into any premises by any person not an agent of,
or person authorized by, the Borough except temporarily by a plumber to
enable him to test his work, provided it shall be turned off immediately after
the test is done.
5. In cases of vacancy of dwelling units, the property owner should notify the
Borough in writing, of such vacancy, and upon his failure to do so, he will
become responsible for any damage to the property of the Borough arising
from such failure.
6. No interconnection or cross connection shall be made or permitted between
the water system of the Borough and any other water supply. No fixture,
device or fitting shall be installed which will permit or provide a backflow
connection between such water system and any well, drainage system, soil
pipe or waste pipe which would permit or make possible the backflow of
sewage or water into such water system of the Borough.
7. Nocustomer or property owner, unless specifically authorized to do so by the
Borough, shall open or close any of the stop cocks or valves of any public
water line.
8. Any duly authorized representative of the Borough, whose identification as
such duly authorized representative has been established in a reasonable
manner, upon reasonable cause shown, shall be authorized, upon reasonable
notice and at reasonable hours, to enter in and upon and to have free access
to premises then being supplied with water from the water system being (
operated by the Borough, for the purpose of inspecting the facilities
employed in connection with the use of water from such water system, and
for the purpose of installing, setting, resetting, reading, testing, inspecting,
repairing or removing meters and remote read-outs.
9. Contractors, builders or others will be required to obtain a written permit
from the Borough before using water for building or construction purposes.
‘The Borough will require a deposit upon application for use of water for
building or construction purposes in the amount of $10. The Borough can
require the installation of a temporary meter, with the building responsible
for protecting the meter from damage, and the property owners shall be
billed at the rates applicable to commercial service.
10. Customers and property owners using the water supply for steam boilers and
depending upon hydraulic or hydrostatic pressure in the pipe system of the
water system for supplying such boilers will do so at their own risk. The
Borough will not be responsible for any accidents or damage to which such
devices may be subjected or resulting from such arrangement.
11. House boilers for domestic use must be provided with vacuum valves in all
cases in order to prevent collapsing when water is shut off from the
distributing pipes. The Borough will not be responsible for accidents or
damage resulting from imperfect installation or operation of such valves.
Whenever steam or hot water under pressure is used, the property owner
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§ 26-209 WATER § 26-210
shall install, at his expense, a swing check valve to be placed directly ahead
of the meter.
12. No water will be furnished to any premises where any possibility exists of
the mingling of the water furnished by the Borough with water from any
other source; nor will the Borough permit the Borough's mains or service
ines to be connected in any way to any piping, tank, vat or other apparatus
containing liquids, chemicals or any other matter which may flow back into
the Borough's service line or mains and consequently endanger the water
supply.
18. All water passing through a meter shall be charged for in accordance with
the schedule of water rates, rents and charges in effect at the time and no
allowance will be made for excessive consumption due to leaks or waste,
except as herein otherwise specifically provided.
14. The Borough shall not be liable for any damage resulting from leaks, broken
pipes or any other cause, occurring to or within any house or building; and it
jis expressly stipulated by and between the Borough and the customer and
the property owner that no claims shall be made against the Borough on
account of the bursting or breaking of any main or service line or any
attachment to the water system being operated by the Authority.
15. The Borough shall be under no obligation at any time to make any extension
of its then existing water mains, but may do so upon the written request of
one or more prospective property owners, either wholly or in part at the
expense of the prospective property owners, at the sole option of the
Borough; provided, however, that the Borough reserves the right to refuse
water service to any applicant when in its sole discretion capacity of the
water system will not permit the rendering of such water service or the
rendering of such service would not be in the best interests of the other users
of the Borough's water system.
16. No officer, agent or employee of the Borough shall have the right or
authority to vary these rules and regulations.
17. The Borough reserves the right to repeal, alter, modify, supplement or
amend these rules and regulations, from time to time and at any time, by
amendments hereto duly enacted.
§ 26-210. Penalties. [Ord. 168, 5/12/1983, § 10; as amended by Ord. 174, 6/11/
1985]
Any person, firm or corporation who shall violate any provision of this Part 2 shall,
‘upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to
imprisonment for a term not to exceed 90 days. Every day that a violation of this
Part 2 continues shall constitute a separate offense.
26:21 12/11/2018
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§ 26-301 WATER § 26-301
PART 3
WATER SERVICE CHARGES
§ 26-801. Charges Levied. [Ord. 169, 5/12/1983, § 1; as amended by Ord. 187,
10/10/1989; by Ord. 193, 12/11/1990; by Ord. 200, 12/10/1991; by Ord. 207, 12/
14/1993; by Ord. 227, 16/18/1998; by Ord. 239, 12/10/2002, § 301; by Ord. 244,
12/14/2004, § 801; by Ord. 251, 12/12/2006; by Ord. No. 269, 12/10/2013; by Ord.
No. 271, 12/9/2014; and by Ord. No. 287, 12/11/2018]
‘There is hereby levied and charged on the owner or owners of each property having
a house, building or structure thereon connected to the water system, effective as of
December 1, 2018, payable on and after January 1, 2019, as provided in the rules
and regulations of the Borough applicable thereto, the water rates and charges
determined as follows:
1. For residential users, expressed in a monthly charge per equivalent dwelling
unit ("EDU"), as hereinafter described, generally based on the metered
. volume of water used, as follows:
Monthly Charge
Per EDU
‘A. For the first 5,000 gallons or any part thereof of | $32
water used per month
B. For each additional 1,000 gallons or any part $1.50
/ thereof of water used per month
C. For any nonmetered user $17.50
D. |For any vacant house, building or structure, a $7.50
monthly standby charge of
2. For commercial users, expressed in a monthly charge per equivalent dwelling
unit ("EDU"), hereinafter described, generally based on the metered water
use, as follows:
Monthly Charge
Per EDU
A. |For the first 5,000 gallons or any part thereof of $34 i
H water used per month
B. | For each additional 1,000 gallons or any part $1.50
‘thereof of water used per month
C. For any nonmetered user $19.50
D. For any vacant house, building or structure, a $9.45
monthly standby charge of
26:23 121172018
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§ 26-302 SHINGLEHOUSE CODE § 26-302
§ 26-302. Classification of Property. [Ord. 169, 5/12/1983, § 2; as amended by
Ord. 207, 12/14/1993; by Ord, 227, 10/13/1998; by Ord. 239, 12/10/2002, § 303; (
by Ord. 244, 12/14/2004, § 302; by Ord. 245, 2/8/2005; by Ord. 251, 12/12/2006;
and by Ord. 256, 12/8/2009]
‘The term equivalent dwelling unit is defined as follows with respect to various types
of classifications of houses, buildings or structures:
| Equivalent Dwelling
| Units
pa (R represents H
ae = residential; i
C represents
Classification of Property commercial) |
‘Single-family dwelling . - 1k “I
‘Two-family dwelling H 2k i
Trailer 1R
| Apartment house, per rental unit : IR :
Hotel or motel, per 4 rental rooms ; 1c
Restaurant, club or tavern, per 15 seats or fraction 1c j
‘thereof
Church, fire company or hall ic {
‘Service station, automobile repair garage 2 bays or ic i
less
| | Additional bay or 2 16 i
Barber or beauty shop, attached to or forming a part 1c i
‘of owner's residence i
Barber or beauty shop, not attached to owner's 1c
|residence |
:Laundromat, per 5 washers } 1c i
| Retail store, office, business or industry, 10 or fewer 1c !
“employees : i
"| Bach additional 5 employees H 1 i
‘Business or industry providing showers for 1c i
‘employees, 8 or fewer employees
| | Rach additional 4 employees or fraction thereof _ 1c
“Funeral home attached to or forming a part of : 10
‘owner's residence
School; public or private
| | Toilet facilities only per 40 pupils and staff 1c i
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§ 26-302 WATER § 26-303
‘Toilet facilities and kitchen per 30 pupils and 1c |
| staff : |
: [Toilet facilities and gym per 25 pupils 16 |
|___ Toilet facilities, gym, kitchen per 20 pupils 1c
‘Dairy or milk processing plant 6C
Doctors or dentists, not attached to residence 1c
“Doctors or dentists, attached to residence 1¢ |
§ 26-803. Penalties. [Ord. 169, 5/12/1983, § 3; as amended by Ord. 174, 6/11/
1985]
Any person, firm or corporation, or its officers, violating any of the provisions of this
Part 3 shall, upon conviction thereof before any District Magistrate, be sentenced to
pay a fine of not more than $300 for each and every offense, and costs, or to be
imprisoned in the Potter County Jail for a period not exceeding 90 days, or both.
Whenever such person shall have been notified in writing by the Borough or its
CO agent that such person, firm or corporation, or its officer, is violating this Part 3,
each day that he, she or they shall continue such violation after receipt of such
notification shall constitute a separate offense punishable by a like fine or
imprisonment, or both, upon conviction thereof.
26:25 12/1/2018
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CHAPTER 27
ZONING
(Reserved to accommodate future ordinances)
= 205 -
Page 341
--------------------
APPENDIX
The following ordinances and resolutions are no longer of general interest, primarily
because their provisions were carried out directly after their enactment. Since they are
mainly of historical interest, it has not been considered necessary to include their entire
text. Instead, they are arranged in groups, according to subject matter, and within each
group listed by title in chronological order. The content of the ordinances and resolu-
tions is indexed, in all necessary detail, in the general index at the end of this volume.
‘The annual budget and tax ordinances have been listed only in the “Key to the Disposi-
tion of Ordinances.” Any person who desires to read the full text of any of the ordinances
or resolutions may do so by consulting the original Ordinance Books on file in the Bor-
ough Offices.
‘The enactments included in this Appendix are grouped under the following headings:
AvcossutsinntnnnsninueniunAnnexation of Territory
Bo esssssesssssneesssnerssssneessssneeessseen ODE
Co ressseeessnieesssnneessnnneessssneeesssees Franchises and Services
Desseninennnnnnntnnninnnn Governmental and Intergovernmental Affairs
} Eu ccscsssssnestineeeenasseisesesneensPlan Approval
Fo sssnsntuninnsniannniasnnen Public Property
Hh aisstatnntnnnaninnieinStreets/Sidewalks
Js ssostsnnitintnnnnnsnnn ZoningfReclassification
127132005
Page 342
--------------------
APPENDIX A
Annexation of Territory
(Reserved to accommodate future ordinances)
12/13/2005 Al
Page 343
--------------------
~ APPENDIX B
Debt
Ord/Res. Action/Type of Debt Amount Purpose
12 (07/28/1902) Election to Increase Debt Not Specified Erecting Water Works System
15 (01/21/1903) Election to Increase Debt Not Specified Erecting Water Works System
21 (06/22/1903) Election to Increase Debt Not Specified Erecting Water Works System
22 (10/27/1903) Loan $6,000 Erecting Water Works System
23 (10/27/1903) Annual Tax 577 mills Payment of Indebtedness
82 (01/02/1906) Election to Increase Debt $3,202.80 Extending Water Works System
52 (06/09/1919) Election for Bond Issue $16,000 Highway Improvements
55 (05/07/1920) Bond Issue $16,000 Highway Improvements
71 (01/01/1939) Bond Issue $16,500 Acquisition of Water Works
87 (06/03/1946) Election to Increase Debt $15,000 Highway Improvements
88 (07/28/1946) Bond Issue $15,000 Highway Improvements
89 (08/20/1946) Amends Ord. 87 Not Applicable Highway Improvements
144 Loan $30,000 Construction of Equipment Stor-
(05/2497) age Building
151 Loan $8,000 Purchase Dump Truck
(02/19/1980)
156 Loan $50,000 Water Distribution System Plan
(03/08/1982)
167 Bond Issue $794,700 Water Distribution System
(04/26/1983)
215 Election to Increase Debt $38,500 Sewage Facility
(07/09/1996)
218 Election to Tnerease Debt $38,500 Sewage Facility
(ou4ni997)
12/13/2005 Bl
Page 344
--------------------
- APPENDIX C
Franchises and Services
Ord/Res. Grantee Service
4 (05/13/1902) N.Y, & P.A. Telephone & Telegraph Telephone and Telegraph
17 (04/30/1903) Shinglehouse Railroad Company Streetcar
26 (11/15/1904) Shinglehouse Railroad Company Streetcar
27 (02/21/1905) Shinglehouse Railroad Company Streetcar
53 (09/25/1919) Amends Ord. 27
58 (11/07/1924) William H. Brown Electrical
60 (05/03/1927) | Penn-Niagara Power Company Electrical (Street Lights)
65 (11/20/1934) (Various) Sewer/Water/Gas/etc.
77 (07/02/1942) Bradford Electric Company Street Lighting
94 (09/03/1949) Oswayo River Telephone Company ‘Telephone
1213/2005 C1
Page 345
--------------------
. APPENDIX D
GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS
§ D-101. Governmental and Intergovernmental Affairs.
§ D-101. Governmental and Intergovernmental Affairs.
D-1. Requesting State aid for the permanent improvement of a certain section of
highway in need of reconstruction in the Borough of Shinglehouse. [Ord. 43, 12/10/
1915]
D-2. Requiring permits from the Department of Highways of the Commonwealth of
Pennsylvania for excavations upon streets forming connecting links or continuations
of State highways. [Ord. 61, 6/3/1930]
D-3, Authorizing the Department of Highways, Commonwealth of Pennsylvania to
issue permits for the opening or tearing up of all streets which are continuations of
State highway routes in the Borough of Shinglehouse. [Ord. 62, 12/16/1931]
D-4. Authorizing the extension of the Social Security System to employees and
officers of the Borough of Shinglehouse. [Ord. 103, 12/9/1952]
D-5. Signifying the intention and desire of the Municipal Authorities of the Borough
of Shinglehouse to organize an authority to be known as the Shinglehouse Borough
Authority; setting forth the substance of the Articles of Incorporation for said
( authority; appointing the initial members of the Board of said authority and
specifying their terms of office and authorizing other necessary actions. [Ord. 112,
10/8/1957}
D-6. Entering into an intergovernmental cooperation agreement with Potter County
to establish a regional emergency management agency and one joint emergency
operations plan. [Ord. 240, 6/10/2003]
D-7. Establishing a charge for returned checks by the Municipal Tax Collector.
[Ord. No. 277, 2/9/2016]
Dl 12/11/2018
Page 346
--------------------
APPENDIX E
Plan Approval
(Reserved to accommodate future ordinances)
12/13/2005 E-1
Page 347
--------------------
APPENDIX F
Public Property
F-1, Authorizing the purchase of a park commonly known as the Assembly Park or
Grove located in the Borough of Shinglehouse for the sum of $800. (Ord. 83, 2/13/1945)
12/13/2005, Pel
Page 348
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| APPENDIX G
Sewers
G-1. Providing for the constructing of a sewer or sewers in the Borough of Shinglehouse
(Ord. 13, 7/25/1902)
G-2. Authorizing the granting of a contract to W.H. Simpson for the construction of a
sewer or sewers in the Borough of Shinglehouse. (Ord. 14, 7/28/1902)
G-8, Establishing a public sewer on Pearl Street and on certain portions of Pleasant and
Lincoln Streets in the Borough of Shinglehouse and providing for the costs of construc-
tion of the same. (Ord. 37, 12/13/1906)
G-4, Establishing an extension of the public sewer in the Borough of Shinglehouse to be
laid on and along certain portions of Honeoye Street, Bailey Avenue, Stevens and Rus-
sell Streets and providing for the cost of the construction of the same. (Ord. 40,
7/29/1909)
G-5. Requiring all public service companies and all abutting property owners on Oswayo
Street and Sunnyside Road; Stevens and Honeoye Streets; and Low Street and Horse
Run Road, in the Borough of Shinglehouse to place all necessary underground pipes and
conduits, as well as all other pipes, poles, and wires, and make sewer connections. (Ord.
{ 64, 5/9/1934)
12/13/2005, G1
Page 349
--------------------
APPENDIX H
Streets/Sidewalks
Street Activity OrdJRes,
Academy Street adopting 1 (05/12/1902)
improvements 54 (11/08/1919)
Bailey Avenue opening 164 (12/14/1982)
Ceres Road adopting 6 (05/20/1902)
Ceres Street opening 128A (07/11/1967)
Church Street adopting 1 (05/12/1902)
Cole Avenue opening 24 (06/20/1904)
Elm Street adopting 194 (12/11/1990)
Elm Street renamed to Maple Street 234 (12/12/2000)
Englar Avenue opening 164 (12/14/1982)
First Street adopting 36 (09/22/1906)
Hickory Cirele opening 165 (03/08/1983)
( Hill Street adopting 116 (06/10/1958)
Honeoye Street adopting 1 (05/12/1902)
improvements 54 (11/08/1919)
Horse Run Road grades 63 (05/09/1934)
Lincoln Street adopting 6 (05/20/1902)
extending 36 (09/22/1906)
Low Street adopting 6 (05/20/1902)
grades 63 (05/09/1934)
Lyons Street opening 164 (12/14/1982)
Main Street adopting 6 (05/20/1902)
extending 36 (09/22/1906)
Manley Avenue adopting 44 (01/08/1916)
Maple Street adopting 194 (12/11/1990)
Maple Street renamed to Elm Street 284 (12/12/2000)
Martin Avenue adopting 31 (08/21/1905)
Mill Street adopting 30 (07/24/1905)
12/13/2005 Hel
Page 350
--------------------
Streets/Sidewalks
Street Activity Ord/Res.
opening 42 (08/18/1910) ‘
width 47 (10/07/1916)
New Street relocating/widening 100 (11/19/1951)
Nichols Street adopting 130 (04/30/1968)
Oak Street adopting 70 (10/04/1988)
Oswayo Street adopting 1 (05/12/1902)
improvements 54 (11/08/1919)
grades 63 (05/09/1984)
adopting 109 (08/30/1957)
Palmer Avenue opening 164 (12/14/1982)
Park Avenue adopting 29 (07/24/1905)
Pearl Street adopting 36 (09/22/1908)
Pleasant Street adopting 6 (05/20/1902)
extending 36 (09/22/1906)
Press Avenue opening 24 (06/20/1904)
improvements 54 (11/08/1919) /
Russell Street adopting 139 (06/11/1974)
opening 162 (11/09/1982)
Second Street adopting 36 (09/22/1906)
vacating 97 (05/08/1951)
Sherwood Avenue adopting 116 (06/10/1958)
Stevens Avenue improvements 54 (11/08/1919)
Stevens Street Extension _ adopting 116 (06/10/1958)
Sunnyside Road grade 63 (05/09/1934)
grade 69 (03/11/1938)
Union Street adopting 6 (05/20/1902)
extending 36 (09/22/1906)
Unnamed Street vacating 46 (04/07/1916)
Walnut Street accepting/adopting 220 (09/09/1997)
Water Street adopting 6 (04/07/1916)
Woleott Avenue opening 129 (04/30/1968)
H-2 12/13/2005
Page 351
--------------------
APPENDIX I
Water
I-1. Establishing a water system in the Borough of Shinglehouse and providing for lay-
ing the necessary mains, pipes and lines, over, along and across the streets, lanes and
alleys of said Borough. (Ord. 18, 6/16/1903)
1-2, Authorizing the Borough of Shinglehouse to enter into a contract with the Palmer
Window Glass Company for the supplying of water for domestic manufacturing and fire
purposes, through the water mains proposed to be laid by the said Borough. (Ord. 19,
6/16/1903)
1-3, Authorizing the Borough of Shinglehouse to enter into an agreement with the Shin-
glehouse Water Company for the supplying of water for domestic, manufacturing and
fire purposes. (Ord. 39, 8/20/1908)
1213/2005 [1
Page 352
--------------------
APPENDIX J
Zoning/Reclassification
(Reserved to accommodate future ordinances)
12/13/2005 Jl
Page 353
--------------------
CHAPTER KO
KEY TO THE DISPOSITION OF ALL ORDINANCES
§ KO-101. Key to the Disposition of All Ordinances.
§ KO-101. Key to the Disposition of All Ordinances.
Ordinance - Disposition Number
1 Appendix “H
2 - Repealed by 174
3 Repealed by 114 :
4 Appendix c |
5 Repealed by 174 : |
6 Appendix HO : i
7 Repealed by 174 |
8 Repealed by 174 |
9 : Repealed by 174
10 Repealed by 174
1 Tax Rate 1902
12 Appendix B
13 ‘Appendix G |
4 Appendix G
15 Appendix B
16 Repealed by 174
17 Appendix c -
18 Appendix “or
19 Appendix I
20 "Repealed by 174
21 “Appendix B
2 Appendix “3B i
23 ‘Appendix B
24 ‘Appendix H
KO: rari/2018
Page 354
--------------------
§ KO-101 SHINGLEHOUSE CODE § KO-101
‘Ordinance _ Disposition Number
(25 ‘Missing H i \
‘26 7 “Appendix ‘ce : |
ia7 ‘Appendix ¢ i
28 | Repealed by ‘174
29 [Appendix = |
130 "| Appendix : on |
‘310 Appendix a H
‘32 ~ | Appendix OB - i
‘33 ‘Repealed by 114 “|
134 “Tax Rate 1906
Ign [Repealed by 128
‘36 ~~ SAppendix Hq |
ia7 | Appendix ‘Ge. |
|38 | Repealed by sm !
(39 lAppendix I |
‘40 | Appendix G | (
al {Repealed by 174
142. ' Appendix H i
3 | Appendix D
44 | Appendix ‘H i
4 «SS Tax Rate 1916 |
6 : | Appendix A : ;
8. | Repealed by ee a |
49 ‘Tax Rate 1917 i
50 Tax Rate 1918 |
51 — “Tax Rate 1919 {
2 “Appendix OB :
53 “Appendix oe : ~
ba __ [Appendix — HO :
12/11/2018 KO2
Page 355
--------------------
§ KO-101 KEY TO THE DISPOSITION OF ALL § KO-101
ORDINANCES.
Ordinance Disposition Number |
: 55 Appendix B -
56 Repealed by 149
87 ~~ "Repealed by 174
58 : Appendix c
‘59 Repealed by 60
60 Appendix Cc
61 Appendix D q
62 Appendix 'D
63 Appendix H i
64 Appendix G '
65 Appendix c : i
66 : “Tax Rate “1986
67 Tax Rate 1987 i i
6B Tax Rate 1988
69 Appendix H
{ 70 ‘Appendix - H
nm Appendix “BO
a) : Tax Rate 1989
3 Tax Rate 1940 :
4 “TaxRate 1941
15 “Repealed by _ 114
16 : ‘Tax Rate 1942
7 Appendix c
78 ~~ Repealed by 114 :
m2 "Repealed by m4 -
80 ‘Tax Rate 1943,
81 Repealed by 157
82 Tax Rate 1944
83 Appendix F
‘84 Tax Rate 1945
KO:3 12/11/2018
Page 356
--------------------
§ KO-101 SHINGLEHOUSE CODE § KO-101
‘Ordinance ~*~ Disposition Number |
(85 : | Repealed by (149 | {
86 “| Tax Rate fede 1
‘87 Appendix 'B ~
38 "| Appendix B : i
[so “Appendix “BOO
90 Tax Rate 1947 “|
‘91 [Missing =| ™
92 "(Pax Rate 11948 oe
93 : {Tax Rate 1949
loa ‘Appendix CO \
95 {Superveded by ir ~
(96 ~ |TaxRate 1950 i
(97 / ; Appendix # —
“98 ‘Tax Rate 1951 |
‘99 | Repealed by 174
10000” Appendix H : (
101 Tax Rate 1952 i
02 | Repealed by 174 :
103 | Appendix D |
hoe ‘Tax Rate 1953,
105 “'TexRate “1954 :
106 "| Pax Rate 1985 7
107 Ss Superseded by ~ |226
‘os : : Tax Rate — 1956 ~ — ~
joo “"lAppendix. = —
110 Tax Rate "1987 ~ |
qin [Repealed by ‘im : |
20 | Appendix a) i
js "| Superseded by mercy
hua” Tax Rate 1958 : :
12/11/2018 KO:4
Page 357
--------------------
§ KO-101 KEY TO THE DISPOSITION OF ALL § KO-101
‘ORDINANCES
Ordinance Disposition Number
‘ 16 Repealed by (158 -
16 ‘Appendix oH ~~
7 ‘Tex Rate "1959
118 Tax Rate 1960
119 ; Tax Rate 1961 {
120 Tax Rate 1962
121 ‘Tax Rate 1963 i
122 Tax Rate 1964
123 ‘Tax Rate 1965 |
124 "Tax Rate 1966
125 ‘Superseded by 186 :
26 ‘Repealed by 18 : a
Bp Tax Rate “1967 7 -
128 Chapter 18 Pts. 1; 25 3; 4; 6;7
128A : ‘Appendix H
tL 129 ‘Appendix H ;
130, Appendix H
‘181 Tax Rate 1968 i
132 Chapter 1 “PR i
133 Tax Rate 1969 :
134 - Tax Rate 1970
135 : "Tax Rate 1971
136 ‘Tax Rate 1972
136A ~~—~—s Superseded by “270
137 "tax Rate ~~ 1973
180 Tax Rate “1974
139 Appendix H
140 Tax Rate 1975
141 Repealed by 172
142 - Tax Rate 1976 : :
KO: 3211/2018
Page 358
--------------------
§ KO-101 SHINGLEHOUSE CODE § KO-101
‘Ordinance "Disposition Number —
jus "Pax Rate {1977
44 Appendix B
(144 v2 | Chapter 16 )Pt.1 i
has Tax Rate 1978 :
1146 : ‘[Repesledby = S
147 |Tax Rate 1979
"148 | Chapter 1 Pt. 2 : i
i149 ‘Chapter21. Pt
“150 Tax Rate 1980 i
(151 “Appendix ‘3B
‘58 | Superseded by 229 7
154 "| Superseded by 196 !
1650 “ "Tax Rate” 1982 |
156 : | Appendix B
“187 Chapter 6 Pel i
‘158 ‘Chapter 6 PL.2 ~ (
159 Superseded by 174 ‘
160 {Chapter 1 Pt. 3 i
‘161 Superseded by “14 |
1162 | Appendix ‘H
/163 (Tax Rate 1988
40 | Appendix HO |
“165 © | Appendix 1H :
(es hapter26 PA —
167 “"Vappendix =
68 Chapter 26 - ‘PL. 2 a
169 ” ‘Chapter 26 (Pt.8 “|
‘170 " "| Superseded by 219° ~ 4
in "Tax Rate "1984
an ~ | Chapter 24 “Pt. 1; Pt. 2 :
12/11/2018 KO:6
Page 359
--------------------
§ KO-101 KEY TO THE DISPOSITION OF ALL § KO-101
ORDINANCES.
Ordinance Disposition Number
a3 Chapter 6 PES
174 ‘Adopting Ordinance
“Chapter 2, §§101— Superseded by 236 |
107
Chapter 7, §§101— Superseded by 229
104
‘Chapter 8 Superseded by 197
‘Chapter 20, § 105 iSuperseded by 196 1
‘Chapter 21, §§201— | Repealed by 219 i
(204 i
115 ‘Chapter 24 Pt.2
176 ~~—SS*~*~*~*~*«Si atte 20 Pht
mo Chapter 18 Ped |
178 Superseded by 216
179 Chapter 24 Pt.2
180 Chapter 24 Pt.8 :
181 Chapter 24 PL2
182 Superseded by 196
183 Chapter 24 PL
184 "Chapter 6 Pt.4
185 Tax Rate 1989
186 Chapter 10 Pt. 1
1187 Chapter 26 Pt.8
188 CO Superseded by 270 :
1890 Tax Rate 1989
190 "Superseded by 196 -
‘91 Chapter 20 PL.
192 Superseded by 197
198 Chapter 26 Pts :
194 Appendix H
195 Tax Rate 1991
KO:7 12/11/2018
Page 360
--------------------
§ KO-101 SHINGLEHOUSE CODE § KO-101
{Ordinance “Disposition ”"Namber
‘196 | Superseded by (202 !
‘197 ~~ Superseded by “262 \
|198 - {Chapter 1 Pt 4 i
(199 "(Tax Rate : 1992 t
200 2 2«2~CO*S ‘Chapter 26 : co 1
(201 Superseded by 270 ~~
202 ‘Superseded by 248 — 1
208 Chapter 25 (Ped i
204 Tax Rate 1993 “|
(205 ‘Chapter 6 PB ~
‘206 Tax Rate “1994 7 i
‘207 Chapter 26 “Pe 7 :
/208 ‘Superseded by 270 |
"209 | Superseded by iaae t
210 | Superseded by ‘270 1
fou ‘Tax Rate “1995 ~ (
i212 Chapter 13 ‘Pt. i
213 [Tax Rate “1996 “
‘a4 ~~" guperseded by 270 i
(215 “Appendix ‘B
(216 “"" ‘Chapter 15 “Pi.
217 “Vax Rate 1997
fais Appendix ‘BS ~
219° 2 =S~*~*~*~«~Shapter 2 ao) oe
oe eee _—-—|
221 “Tax Rate 1998 |
22 Chapter 15 PL.2
(223 Chapter 15 PLT —_ i
fozg "Chapter 24 Rd ~— |
‘225 "Chapter 24 a,
12/11/2018 KO:8
Page 361
--------------------
§ KO-101 KEY TO THE DISPOSITION OF ALL § KO-101
ORDINANCES
Ordinance Disposition Number
226 Chapter 2 PLL - |
227 Chapter 26 Pt.3 - i
28 Tax Rate : 1999
229 7 Superseded by 274
230 Chapter 15 Pt.7
281 “Tax Rate 2000
232 | Superseded by 248
233 ‘Tax Rate 2001 : i
234 Appendix H ‘
235 ‘Tax Rate 2002 |
236 Tax Rate 2002 i
237 7 | Chapter 3 : Pel i
238 : "Pax Rate - 2008 ~y
(239. : Chapter 26 Pts
40 "Appendix D
2. “Tax Rate 2004 :
‘pap Chapter 5 Pid H
243 ‘Tax Rate 2005 |
244 "Chapter 26 Pt.3
245 : Chapter 26 Pt. 8
(246 Tax Rate 2006 {
247 Chapter 6 Pt.6
248 Chapter 20 Pt.l
249 "Pax Rate 2007 1
250. ~—~—~—~—~—«s Superseded by e709
251 ~~" "Chapter 26 PLS
252 - Tax Rate 2008
253 Tax Rate 2009
254 "Tax Rate 2010
255 Superseded by 270
KO:9 12/11/2018
Page 362
--------------------
§ KO-101 SHINGLEHOUSE CODE § KO-101
{Ordinance - ‘Disposition _ “Number
(256 | Chapter 26 'Pt.8 i
(67 - | Superseded by 270 7
258 "| Chapter 1 PE
259 | Tax Rate 2011 \
260 “Superseded by “i210 —
i261 ‘Chapter 17 _ PLP 1d
|262 {Chapter 8 PRIPLIO
1263 | Tax Rate 2012
‘264 } Ch. 24 Pt. t
265 ~|ch a Pt. 2 |
266 : "Tax Rate 2013 :
67 ”~*«S : Pt. _
(268 ~ Tax Rate 20140 :
269 : ich. 26 Pts i
. 270 - {Superseded by 280 : “
2m Ch. 26 Pt. 3 i
a2 "Tax Rate 2015 |
(973 ‘chay “Pes :
274 Ch. 7 : ~~ (Pt : 5
(e756 (Oh, 15 Pt. i
|a76 “ax Rate 2016 a,
(77 ~ tAppendix D j
278 7 ‘|Ch. 15 Pt.5 Hl
(279 "Tax Rate 2017 — |
280 ~"F Superseded by er.) ae —
281 ich. 10 : ~ Pe
282 Ch. 16 PL.8 i
[283 ‘Tax Rate 2018
(84 ‘ch. 18 RS 7
los5 - Ch. 18 PLS - :
aanaeois KO:10
Page 363
--------------------
§KO-101 KEY TO THE DISPOSITION OF ALL § KO-101
ORDINANCES
286 Tax Rate 2019
(287 Ch. 26 Pt. 3
O
KOz11 12/11/2018
Page 364
--------------------
SHINGLEHOUSE INDEX
DEFINITIONS NOTE: Forth convenience of the Code user al terms defined in ths Code are incuded in the Index under the
esdng“Defnibone and abreviaons™
ft CONDITIONING Barks and eceaton 203 ASSESSMENTS
—#— FLOODPLAINS 8-304; Pigeons 2-111 BICYCLES 3-112
fen Fibey 103 DISCHARGE OF
on STORMWATER Folge igre 2109 FIREARMS 6403
‘BUILDINGS 4203 MANAGEMENT Poise offe tia SEWERS AND SEWAGE
asot Fotston of Peston and DISPOSAL 1807
—A— AIR POLLUTION Property 2109 ‘STORMWATER
Setmeporeeron, —— raxaeoy USon trea
[ABANDONED Vi Ale ee ton 7
MOTOR VENICLES AND SOLID WASTE 20-102 Redemption Fee 2-117 STREETS AND
TO NERICEES AND aaitKUELES Rommel an Dips of SIDEWALKS 1-106
PRAETIC 15-605 DISCHARGE OF Bead Antsles id Sata 31203,
pnanibtehoer TIREARMS 6402 Responses of mers aoe 21-309
ANIMALS 710 cory — ANOWMOBILES 15307 —_Resticon of amber "LICENSES, PERMITS
Bate . estcton of Number ;
Vaan ALCOHOLIC BEVERAGES 2-105 ‘AND GENERAL
ce vemaerra EONDUCT SSDI; e302; Running at Large snd Other Business
Trt eats Nusnears-103 REGULATIONS
anges PARES AND, sehess 2s Bais
REGULATIONS RECREATION 16-103 SEWERSANDSEWAGE SEWERS AND SEWAGE
arty “AMOTOR VEMICLES AND Tea Eater gesieg
R VEHICLES AND IR Ls 1
MOTRATFIC 3-01 TMRARFIC 13-802 Siteaice 2-103 AUMILIARY POLICE
TRICO! guint SOLID WASTE 20-102 ‘evOLice OFMCERS
sews @ivace “SOMDWASTE20201; ‘Se Reatttons 2-118
‘DISPOSAL 18-303 20-202; 20-203; ‘STORMWATER —B—
STORWATER 2ea04 20-203 MANAGENENT
MATT ANCHORING Wee BACKFILLING
wan TSUILDINGS 4-101 eetment2107 ‘Ge tho BNEAVATIONS
ACCESSORY BUILDINGS —-FLOODPLAINS 304, Vesunee 2117 Sete FLL
eS eY UU DING eens e0% e508 Vitamin 2108, Watee bets
FANDSERUCTURES axiMars Steaige vicious BARRICADES
bet endonment 2-107 ANIMALS HEALTH AND SAFETY
ACCESSORY USES AND Atal Col Ofer Violations and Feats To.i0?
STRUCTURES mite Big ZtIS 206 WATERS
ELOODFLAINS #-902 ANIMALS 2101;2-102; aa BATTERIES
Peers Bits.20s 2108) Seedlio WUD ANIMALS NEEALTH AND SAFETY
pad Ziogzon Lio APAIGIMENTS vo.208
ADEE SS ion AND Piosziocin — “"SWERSAND SEWAGE —ppacH FIRES
( ey PaTPeatees td DISPOSAL 1-908 ACRONIS
ameal Appr 1-103 Sugziieeit, sou waste 20.102 Sepak
Borough Council 1-30 211g;2-119 WATER 26.302. ‘See OPEN BURNING
‘Compensation 1-301; 1-302 ‘Animals at Large; Tying in APPEALS. ‘See OUTDOOR BURNING
Comment 101 30 Sect 2 ed SeedlgeBOARDOF —leVcLEs
omens of Bra Borough Sune 2-105; AEPEALS ‘Appleby of Tai
en 2-108; 2-111; 2-114. BUILDINGS 4-105; 4-207 ‘Laws to Pedaleycles
contin otMayrand — BoganSiecay 2115 PLOODRLARIE Ea En
esa Mayo Beubivese tdi LiGinges PERNT Ais Caied by Opertor
Pages Seeeo CATS ‘AND GENERAL Sige
‘Compensation of the Mayor Charges 2.117 BUSINESS Assessments 3-112
pera hee REGULATIONS sigreesene
Diss 1-101 het of oe 2110 13.108 Busnes diet +110
Dial 101 agp Clemesscfendonaes —«SEWERSANDSEWAGE Churches. 113
Foreign Fi asa Tae By Disposal e405 Stason 3-112
ign ic swans Tes cosjand expenses 2-116; STORMWATER ost and expense 511%
Moet tat Dangoroos minal 2-109 ieee cu i063
Be Shtcs of Seer eros nats 2 1 tn $106,311
Oftes ofS Dangerous Animals TREES25110; 25-11 Befmidons 9-101
PENSIONS I - Reainge liz
Se Nats Defnens 2-101 APPEALS BOARD hese Other
IN 25 es «assed Animale 2-110 See BOARD OF APPEALS Beufomeaten
Reception of Fees DISTURDWNCE OFTHE APPOINTMENTS aor 108
{iol Distromg ie Peace 2-106 LICENSES, PERWiTS Caheny 3103
Salaegand compensation Disturbing he Pace 2 : gh 3-108
eet Dogs 2-107 "AND GENERAL Motor vehicles 3-111
sue Se Bespin 2-119 BisIness Perang tit
AE aon Few llT REGULATIONS PARES AND,
cou ELGODPLAms ¢st3 t300 RECREATION 16-03
‘reas 0251-103 Fowl AREA,YARDANDBULK —_Pealgycleticnet fe
TEE IOs HEALTH AND sarery — “UREGULATIONS hin Pesos 9112
nie Toulon olen 10002 seeLOTS edelyses 51013102
ADVERTISING Heine of Cer ‘Anima AseaseteRS ide 1s Floss
Sena iping of Cersio Annals ASBESTOS 107: 308 3-109
END GENERAL need ‘SEWERS AND SEWAGE Shoes sta
BUSINESS Teastiog 2-103; 2-114 DISPOSAL 18-403 ‘See Also PEDALCYCLES
REGULATIONS MOTOR VEHICLES AND ASHES Pedalcycles on Sidewalks
ou "TRAPEIC 15-107 HEALTH AND SAFETY ‘tf Peale Fas
met S2 Notices 115 Toxo sho
Notiendon 2-15 SEWERSANDSEWAGE pees 110,311
Nutsncer2-103; 2-111 Disposal Leos Serre
Prrsdes 08, SOLID WASTE 20-102
1 nian
Page 365
--------------------
SHINGLEHOUSE INDEX
wreverss..
FES RY VisionofPan LIBRARIES 1402; svoamwaree. Renae 4109
ay ‘ats [203 RNASE Fetal fr Van 4208
Prohibited Activities 3-107 LICENSES, PERMITS 17-202; 17-301; Proper Address Signage
Ree fact AND GENERAL Hate 17306 <i
er So SUSE ant trast Dupese 202
nidngenPelscyees3105 «REGULATIONS vane rt Reed Sot
Biden Reade ad Hag 08 te Resende
Tllgel Pros fedora; puLpIK ake oe
satepauristt2 feared onstaucrion nef Replies
Sone tenn ean ss ONTRUETION ang 0
Sela 107 2.00 HGH 2B, OREDIRGINGPECTOR ——_noaune' i
sh ale Baie eSB ORFIGAL ean
stotuarer (Bais teas Sngrecros $52 Sands 4101;
MANAGEMENT MOTOR VENICTES AND BUIEDING GENCIAL vie
pes Taree” USGS orca sate 505
rea 310 Tue isa —ullbine Penns Seaton 10
Testa 0: 3.412 tao lem See ADSTICENSES AND Seok 20h
Vee 0, Eton test ise tans Sebi #00
noe OPEN BURNING TIIC”® — seweRs Ann sewace Suse
Viti entpatig FARRAR DROME TSO, Sipe 01;4.204; 4206
ios eg, RECREATION na ‘ant
Bee felon eit see dbo SPectat Stand o Repi,
wace Sita Telostetsicioe aes ‘ete
masiing POLICE PENSIONS Tae’ sTORMWATER pete 105
EN osives SEWERS AND SOWAGE MANAGEMENT ru
m0eKs DReCeALsIOG pe Fovoggt01
MOTOR VEHICLES AND fen esos (ee pumbiKes Tatton
TCS souwaste sous MarPEGs Uiltes ;«02;4205
STORMWATER SRN ‘Abate by Borough Vestn il
TN ANAGEMENT SIDEWALES 21-0; 8 ester
i Sonat ios face 0) Vals pent
BOARD OF APPEALS Bee atattiz 208 Aamo enone a pou.
ie aPEAtS apse ica sigs AMR s:a-207 hoy eo% sane
SSOMFONCEe —nonouamNGiNeER ymca toy, wai
oe HOOBHLANS aS eeeeacaas, | Waco
BOATSAND BOATING SIRBETSAND ea Waireaes 4.203, 4208
Ea ASD SAPS SIDEWALCS21201 ort Sexemy 4207 Yue 10
ate nonougnsecmsrany —— Bostehg? suaitne
Motor Ventas ano "ONGMALS 113 Gg 20) Tete wows
Arete ane SUIDINOS #07 Coie Set 10 Bubs et
PARKS aN SiteetSecay Craven £10 Seubores ‘
Rectuarion ios Ree ta, SSiescpeecios — ORAVBUINNG 710
noxs SEWERS AND SeWAcE “Sion Pies aun Mos oe 08
*BREvep icoMe AND Derogatis aoy pe Fi9
NEPPRORIS TAR STREISAND Danger Bulings see dito OPEN BURNING
pa SIDSWALKS 21-208 BeclNte, —— SEAMe Semon
LIBRARIES 12-104 aaeege tty a BERING
MOTOR VENCISS AND BOROUGHSOLICITOR ——_Defaffom 4101 BURNING, OPEN
Tare ceo” ORCENGES eta Benclion 41034107, Se BONIRES
ens SND GENERAL ie Scr
SEWERS AND SEWAGE sosnvess Dus 01 Seren BURNING
Dsrosat leas RECULATIONS Dale btrcaeat se ourDGGR SURNING
sromawate Eanes Serer nuRRING OUTDOOR
MANAGEMENT BRIDGES Bnegunietctos sion “ee Borignes
ea TESOBPLADNS £208 Eieiorian” Sees
smegets aa MOORVENGESAND — Emenjemy Cues 10? Se GU B00R BURNING
SIDEWALKS 21201 umricisa” Entenan or uSiNtgs DISTRICTS
WATER 26-104 15-401; 15-402; ‘Exemptions 4-205 ‘BICYCLES 3-110
woes teas teas, Fosataname 4205 MOOR VsttCees AND
ee be BURNING a3 pare Tawete sar
Seal res sromwateR Foes 01 eae
SFA Bombe 7.0 MANAGEMENT Fit here 108 BUSINESS LICENSES
pica tana eon Figyovetin 401 ‘Skicenses SND
see di See BURNING Hot teaee 17m Gaecatawretse PERS
se 4 CoRNOS — pausal Gunes AND ue
‘tiwag ean cus $208 £08, 208 —C—
BoRougi COUNCIL sovibe oss Seeeisi
AURIS NOM aD Crm Gira 4105-4207 CABLE-TELEVISION
OVERNMENT See boTANNS Henngs 0&1, HEERSES Seas
auMAlseliscids, Seale LEA Wasre ar ND ORRERAL
Panes Sonniaten Inestaton 4101 abewese
BUILDINGS #01; 108 MANAGEMENT fecal REGULATIONS
‘ao 6S Haan aan [Resians 104 Rene
BARNEDINCOUEAND STREETS AND Hee Hate ban
NETPRORMS TAR Setnezia Letter 0 ais sa
ba seaiaswasie, — Mabithomelaion cami
nLoSbtLams so, Buber Ne ime 05, TEDOSPLAmS 5.902
eof ieas MEAs 12-108 iogion io; MONOR VARIES AND
MeALE wp Sarery —UBEERS ie Tare ean)
Toioe ose. SerimSCREENS AND Nuit 4.102; 4108; eA AOL
Feaieatated SGaeNNG ish ARIE
Het tt Nook Rind 200
Nea
2 wnin08
Page 366
--------------------
SHINGLEHOUSE INDEX
cams ‘Adoption of Unittem Definitions and ‘OPEN BURNING 7-105;
PARKS AND. Consirution Code Inteprctation 6101 7.107
RECREATION 16-103 sion See DISCHARGE OF REALTY TRANSFER
CAPITALIMPROVEMENT Board of Appeals 104 FIREARMS 6401\ "TAX 24-303
PROJECTS Gods Otic 3-103 6-403 SEWERS AND SEWAGE
See IMPROVEMENTS Construction $0 ‘See DISTURBANCE OF DISPOSAL 18-201;
cars ‘Constructo Code Official, "THE PEACE 6301\ 1.209; 18302;
See dso ANIMALS, "03 6304 40d 18-604
REALTY TRANSFER Consusion Codes, Emergencies 6-101; 6-103 18-606, 18-803;
"TAX 24-303 Uniform 3-102 Exceptions 6-504 tg-807 18-809
CERTIFICATES OF Bletng to Administer Licenses and penits 6504 SNOWMOBILES 15-301
COMPLIANCE, Slov SeeLOMTERING 6201\ SronmWaree
SEWERS ANDSEWAGE Fees 3-106 6204 MANAGEMENT
DISPOSAL 16-807; Ingpetions 5-103, Minors 6101; 6-102; 6:103; 10s: 17-202;
18-808 Prior Enactents $105 6-104; 6-105; 6107; 1-301; 17302!
CERTIFICATES OF Two family dwellings 5-103 S08 1.4015 17-301;
INSURANCE ies 5-103 Parets Notto Perit 17-601; 17-701;
SeeFIRE INSURANCE CODE ENFORCEMENT Violation 6104 17-70%, 17-802;
See INSURANCE CITATIONS Parks and recreation 6-103; 12-1004; 17-4202;
CERTIFICATES OF See CITATIONS 6a108 17-1402
REGISTRATION CODE OFFICIAL Beals 6-106 STREETS AND
See REGISTRATION BUILDINGS 4101 Penalty 6-508 SIDEWALKS21-101,
cEsspooLs CODEENFORCEMENT Playgrounds 6-101 Bisa: 21-03; 31-201
HEALTH AND SAFETY 3-108 Poles Discretion in Age WATER 26103; 26-106;
10107 See diso CONSTRUCTION ‘Determination 6-108 26-205, 26.209
SEWERS AND SEWAGE CODE OFFICIAL Police officers 6-108 CONSTRUCTION CODE
DISPOSAL 18308; COLLECTOR Possession 6303 ‘OFFICIAL,
18.601 ‘See TAX COLLECTOR Procedure io Case of CODE ENFORCEMENT
CHARGES CONBUSTIBLES Reps Viatons or 5103
“ANIMALS 2-117 BUILDINGS 4-101 Other Factors See diso CODE OFFICIAL
BUILDINGS 4-207 ‘See Aso EXPLOSIVES, fntrecing With CONSTRUCTION CODES,
See go COSTS AND ‘See dso FLAMMABLES Enforeement 6107 UNIFORM.
EXPENSES OPEN BURNING 7-103, Procedure Upon Violation CODE ENFORCEMENT
See iso FEES 7103; 7-106; 7-107, E105 S02
TICENSES, Pennarrs 7-108 Porpses 6-102 FLOODPLAINS 8.503;
‘AND GENERAL COMMERCIAL VEHICLES Repors 05,6107 3.902
BUSINESS MOTOR VEHICLES AND Ssletysgndais 6102, —-CONSTRUCTION
REGULATIONS TRAFFIC [5404 Schools 6103, OFFICIAL
13.201; 13.219, PARKS AND Sidewals 6101; 6-502 See CODE OFFICIAL
MOTOR VEHICLES AND RECREATION 16103 See TOBACCO E601. CONSTRUCTION
"TRAFFIC 15-604, ‘See Alo VERICLES 603 PERMITS
( 15.605 COMPENSATION Vacant fas 6-101 ‘See BUILDING PERMITS
REALTY TRANSFER ‘ADMINISTRATION AND Vehicles 6-103, ‘See LICENSES AND
“TAX 24310 ‘GOVERNMENT Violations apd pera PERMITS
SEWERS AND SEWAGE 301; 1-302 God; G05; 6106, ‘See SPECIAL PERMITS
DISPOSAL 18-404 EARNED INCOME AND 6:07: 6305 CONSTRUCTION SIGNS,
18-501; 18502; NETPROFITS TAX CONFIDENTIALITY ‘See SIGNS
16-303; 18-304 18.609 24-401; 24403; 24-408 EARNED INCOME AND CONVALESCENT HOMES
SOLID WASTE 20-106; LICENSES, PERMITS NETPROFITSTAX See NURSING HOMES,
20-107; 20-109 "AND GENERAL 24-405; 24-408 COSTS AND EXPENSES
STORMWATER BUSINESS CONSERVATION "ANIMALS 2-116 2-117
‘MANAGEMENT REGULATIONS DISTRICTS Bicycles 3-112: 3-113
171003; 17-1101 1103 FLOODPLAINS 8-305, BUILDINGS 4.103; 4107;
TREES 25-109 REALTY TRANSFER STORMWATER. 4-108; 4207; 4-208
WATER 26-107, 26-203; TAX 2512 MANAGEMENT See diso CHARGES
26-208, 26205; ‘See dso SALARIES AND 19202: 17 301; EARNED INCOME AND
26.206, 26-207; COMPENSATION 17308; 17401; NET PROFITS TAX
26.209; 26.301 WATER 26.206 17.802: 17-603 Ba-dal; 24405;
CHICKENS. COMPLAINTS CONSERVATION 24-407, 24-408
ANIMALS 2-113 HEALTH AND SAFETY EASEMENTS See diso FEES
CHIEF OF POLICE 10.208; 10-206 See EASEMENTS FLGODPLAINS 8.304;
ANIMALS 2-110 LICENSES, PERMITS CONSTRUCTION. 8-310; Baa; 6902
MOTOR VEHICLES AND AND GENERAL CODE ENFORCEMENT HEALTH AND SAFETY
"TRAFFIC 15-509 BUSINESS 10) 10-114; 10-207
OPEN BURNING 7-111 REGULATIONS FLOODPLAINS 8201; LICENSES, PERMITS
See Also POLICE CHIEF 13207, 13219 200; #302; 8-308; "AND GENERAL
cuIMNEYS: COMPOSTING: 304; $308; 8306 BUSINESS
‘OPEN BURNING 7-102 SOLID WASTE 20-102; 8-308; 5308: 8409; REGULATIONS
CHURCHES. 720.103, 8501; #50; 8-503 13207; 13.211;
BICYCLES 3-112 ‘CONDOMINIUMS, $601; 6602; 8802; 13215; 13.217
CONDUCT 6103, REALTY TRANSFER 3502 MOTOR VEHICLES AND
SEWERS AND SEWAGE "FAX 24303 HEALTH AND SAFETY "TRAFFIC 15-104;
‘DISPOSAL 18-502 STORMWATER 10-104; 10-109 15105; 15-106,
WATER 265302 MANAGEMENT LICENSES, PERMITS 1507 15-205,
CIGARETTES 175202 "AND GENERAL 15206! 15-207,
“TOBACCO 6-603 coxpucr BUSINESS 15208; 15-210,
CITATIONS: ‘Neale beverages 6-50: REGULATIONS 1320 15312:
BICYCLES 3.112 6-502; 6-503 13.204°13.210, 152135 15-214;
OPEN BURNING 7-111; Churees 6103 i3:011 13218; 13.293, 13218! 15216;
712 Consumption 602 MOTOR VEHICLES AND 15-207 15.218;
CODE ENFORCEMENT ‘Curfew 6-102; 6-103 TRAFFIC 15-106; 15-401; 15-402;
"Adeisation an Soren Exceptions 6-103 seta
Enforcement $103 Definitions 6301
3 ran2018
Page 367
--------------------
SHINGLEHOUSE INDEX
COSTS AND EXPENSES...
15-403; 15-404; DEFINITIONS AND DEPARTMENT or DER GARBAGE 20.102;
15-509; 15-603; "ABBREVIATIONS 0.102 10104; 4.101
15-606; 15-609; (FO) GRADE 17-202 DESIGN STORM 17.202 GRADE 17-202
15-705; 15-806 ACCELERATED DESIGNEE 17-202 GRANTEE 13-201
OPEN BURNING 7-112 EROSION 17.202 DETENTION BASIN GROUNDWATER
PER CAPITA 24-104 ACCESSORY USE OR 17-202 RECHARGE 17.202
REALTY TRANSFER ‘STRUCTURE 8-902 DETENTION VOLUME HAULER or PRIVATE
"TAK 243311 ACT 101 26-102 17-202 COLLECTOR 20-102
SEWERS AND SEWAGE —ACT97 20-102 DEVELOPER 17.202 HAZARDOUS WASTE
DISPOSAL 16-202; ‘AGRICULTURAL DEVELOPMENT 8-502 20-102
Ten; 18-402; ‘ACTIVITIES 17-202 DEVELOPMENT SITE HEC-HMS MODEL
18-403; 18-404; ‘ALCOHOLIC (Site) 17-202 ‘CALIBRATED
1-502; 18-604; ‘BEVERAGES 6-501 DISPOSAL 20-102 GybROLOGIC
18-606; 18-807; ALLEY 6-603. DISTURBED AREA ENGINEERING
18809; 18-810 ‘ALTERATION 17-202 17-202 CENTER
SHADE TREE. ‘ANIMAL 2-101 DOCUMENT 24.303, HYDROLOGIC
‘COMMISSION 1-402 ‘APPLICANT 13-201; DOMESTIC WASTE or MODELING
‘SNOWMOBILES 15-311 17202 ‘HOUSEHOLD SYSTEM) 17.202
STORMWATER ASSEMBLAGE 15-107 WASTE 20-102 HIGH-QUALITY
MANAGEMENT ‘ASSOCIATION 24-303; DOMICILE 24-401 WATERS 17-202
17-103; 17304, 24-401 DOWNSLOPE PROPERTY HIGHEST ADIACENT
17-303; 17-802) AUTHORITY 20-102; LINE 17-202 GRADE 8-902
17-001; 17-1205; 18-101, DRAINAGE HIGHWAY 6-605,
17-1401; 17-1402 BOD. (BIOCHEMICAL CONVEYANCE HISTORIC STRUCTURE
STREETS AND OXYGEN DEMAND) FACILITY 17-202 8.502
SIDEWALKS 21-103; gio} DRAINAGEEASEMENT HYDROLOGIC Som.
21-201; 21-20%; BARBECUE GRILL 7-102 17-202. ‘GROUP (HSG) 17-202
21-206; 21-207 BASEFLOOD 8-502 DRAINAGEWAY 17-202 IMPERVIOUS SURFACE
TOBACCO 6-602, BASE FLOOD DWELLING 4-101 (IMPERVIOUS
TREES 25-109; 25-117 ELEVATION (BFE) DWELLING oe AREA) 17202
WATER 26-101; 26-103; 5.902 DWELLING UNIT IMPOUNDMENT 17.202,
26-106; 26-108, BASEMENT 8.902 18-101 IMPROVED PROPERTY
26-103; 26-114, BASICREVENUES 13.201 DWELLING UNIT 4.101 iB-101
25-116; 26-202, BASIC SERVICE 13-201 EARNED INCOME 24-401 INCOME TAX OFFICER
26-208; 26-206, BEST MANAGEMENT. EARTH DISTURBANCE ‘Of OFFICERS 24-401
26-207; 26-208; PRACTICES (MPs) ACTIVITY 17202 INDUSTRIAL,
26-209; 26.03 17-202 EMPLOYER 24.401 ESTABLISHMENT
CROSSWALK BONFIRE 7-102 ENFORCEMENT. 20-102; 18-101
MOTOR VEHICLES AND BOROUGH 20-102; OFFICER 4-101 INFESTATION 10-104;
"TRAFFIC 15°308.1 25-102; [8101; 18-802 EROSION 7.202 4.101
See dng STREETS AND BOROUGH COUNCIL EROSION AND INFILTRATION (
SIDEWALKS 13-201; 25-102; 18-101 SEDIMENT STRUCTURE 17-202
CULTURAL mstoRIC BOROUGH SEWER POLLUTION INLET 17-202
PRESERVATION ORDINANCE 18-802 CONTROL PLAN JUNK 10-104
See HISTORIC BOROUGH TAP i-802, 17-202 SUNKED MOTOR
PRESERVATION BUILDING 8902; 10-104; -EXCEPTIONAL-VALUE VERICLE 10-202
CULVERTS 4101 ‘WATERS 17-202 LAND DEVELOPMENT
‘STORMWATER BUILDING CODE EXISTING CONDITIONS, (DEVELOPMENT)
MANAGEMENT REQUIREMENTS 7.202 17-202
17-202; 17-301; 18-802 EXISTING LATERAL, BUILDING
1-401; 17-501; BULKY WASTE 20-102 MANUFACTURED ‘SEWER, or LATERAL
17-701; 17-902; 17-703, BURN BARREL 7-102 HOME PARK OR SEWER LINE 18-802
STREETS AND BUSINESS 24-401 SUBDIVISIONS-902 LEAF WASTE 20-102
SIDEWALKS21-201 CABLE SERVICES 13-201 —_EXPANSIONTO AN LEGAL HOLIDAY 13-101
cunss GABLE SYSTEM 13.201 EXISTING TICENSED HAULER or
BICYCLES 3-106; 3-111 CHANNEL EROSION MANUFACTURED LICENSED
MOTOR VEHICLES AND 17-202 HOME PARK OR COLLECTOR 20-102
TRAFFIC 15-502; CHILD 3-101 SUBDIVISION 5-902 _LOITERING 6-201,
15.5031; 15.508 CISTERN 17-202 EXTERMINATION 4-101 LOT 10-104
SEWERS AND SEWAGE ——-CLEANOUT 18-802 FAMILY FARM LOWEST FLOOR 8-002
DISPOSAL 18-403 COMBUSTIBLE. ‘CORPORATION MAIN LINE, SEWER
SOLID WASTE 20-204 MATERIAL 7-102 24-303 MAIN, Gr MAIN
STORMWATER COMMERCIAL FEMA 17-202 SEWER 18-802,
‘MANAGEMENT 'ESTABLISAMENT FIREWOOD 7-102 MAIN STEM (MAIN
17-203; {7-701 20.102 FLOOD 8-902; 17-202 CHANNEL) 17-202
STREETS AND COMMERCIAL, FLOOD FRINGE 17-202 MANNING EQUATION
SIDEWALKS 21-201; ESTABLISHMENTS FLOOD INSURANCE Man
21-206 26.201 RATE MAP CIRM) “ORMULA) 17-202
‘TREES 25-102; 25.106 CONFINEMENT 2.101, 5902 MANUFACTURED HOME
WATER 26-106, 26202; ‘CONSERVATION FLOOD INSURANCE 8-902
26-205; 26306; 26207 DISTRICT 17-202 STUDY 8) 5902 MANUFACTURED HOME
CURFEW CONTAINER 20-102 FLOODPLAIN 17-202 PARK OR
CONDUCT 6-102; 6-103 CONTAINERS 6501 FLOODPLAIN AREA SUBDIVISION 8-902
See Also MINORS ‘CORPORATION 24-303; $902 MEMBERS OF THE
24-401 FLOODPROOFING 8.502 ‘SAME FAMILY
—D— cOUNTY 20.102 FLOODWAY 8-902; 24-303
COURT 10-108 17-202 MINOR 6-101
DANGEROUS ANIMALS CuLvenr 17-202 FOREST MANAGEMENT/ MINOR REPAIR 8.902
"ANIMALS 2-108, CURRENT YEAR 24401 “TIMBER. MOTELS 26.201
DEFENSE AND DAM 17-202 OPERATIONS 17-202 MOTOR VEHICLE 10-202
INDEMNIFICATION DANGEROUS BUILDING FRANCHISEFEE13.201. MOTOR VEHICLE.
See LIABILITY +01 FREEBOARD 17-202 ACCESSORIES
4 wanuno18
Page 368
--------------------
SHINGLEHOUSE INDEX
DEFINITIONS AND
‘ABBREVIATIONS.
‘MUNICIPAL WASTE, REALESTATE ‘SHADE TREE 25-102 ‘TWO-WAY BOROUGH
20-102 ‘COMPANY 24-303 SHARED LATERAL CLEANOUT or
MUNICIPALITY 20-102; RECREATIONAL FIRE, 18-802, BOROUGH
17-202 7-102 ‘SHEET FLOW 17.202 CLEANOUT 18-802
NATIONAL POLLUTANT RECREATIONAL SIDEWALK 6-603 ‘UNIFORM
DISCHARGE “VEBICLE 8-502; ‘SNOWMOBILE 15.301 CONSTRUCTION
ELIMINATION Is-801 ‘SOIL COVER COMPLEX CODE (UCG) 8.902
SYSTEM (NPDES) RECYCLABLE METHOD 17-202 [UNOCCUPIED HAZARD
17-202 “ALUMINUM ‘SOLID WASTE 20-102 10-104
NET PROFITS 24-401 BEVERAGE CANS ‘SOURCE RECYCLABLE UNSHELTERED
NEW CONSTRUCTION 20-202 MATERIAL 20-102 ‘STORAGE 10-202
8-502 RECYCLABLE GLASS ‘SPECIAL FLOOD, USDA 17-202,
NEW MANUFACTURED 20.202 HAZARD AREA VALUE 24-303
HOME PARK OR RECYCLABLE SrA) Satz VIOLATION 8-902
SUBDIVISION 8-902 ‘NEWSPRINT 20-202 SPECIAL PERMIT 8-902 WATERCOURSE 17-202
NOAA ATLAS 14 17-202 RECYCLING 20-102 SPILLWAY WATERS OF THE
‘NON-POINT-SOURCE RECYCLING FACILITY (EMERGENCY) COMMONWEALTH
"POLLUTION 17-202 29-102 17-202 17-202
NONRESIDENT 24-401 REDEVELOPMENT START OF WATERSHED 17-202
‘NONSANITARY SEWER 17-202 ‘CONSTRUCTION WETLANDS 17-202
CONNECTIONS: REFUSE 20-102; 10-104; 8.902 ‘YARD 10-104
18-802 7-102, STATE WATER DEMOLITION
NRCS 17-202 REGULATED ‘QUALITY BUILDINGS 4-103; 4-107;
‘NUISANCE 7-102 "ACTIVITIES 17-202 ‘REQUIREMENTS 4-108
‘OCCUPIED DWELLING REGULATED EARTH 17-202 DEPARTMENT OF PARKS
20-102 DISTURBANCE, STORAGE 20-102 AND RECREATION,
‘OPEN BURNING 7-102 ACTIVITY 17-202 STORAGE INDICATION ‘See PARKS AND
‘OPEN CHANNEL 17-202, REGULATORY FLOOD METHOD 17-202 RECREATION
OUTFALL 17-203, ELEVATION 8.902 STORMFREQUENCY DESIGN STANDARDS
‘OUTLET 17-202 RELEASE RATE 17-202 17-202 ‘See-dlso PERFORMANCE
‘OWNER 2-101; 10-104; RELEASE RATE STORM SEWER 17-202 ‘STANDARDS,
4-101; 18-101 ‘DISTRICT 17-202 STORMWATER 17-202 STORMWATER
ADEP 17-202 REMAIN 6-101 STORMWATER MANAGEMENT
PARENT 6-101 REMOVAL 10-202 HOTSPOT 17-202 17-301; 17-401; 17-802
PARK or PARKS 16-101 REPETITIVE LOSS 8.902 STORMWATER. DEVELOPMENT FEES
PARK TREE 25-102 RESIDENT 24-401 ‘MANAGEMENT ‘See FEES
PARKING LOT STORAGE RESIDENTIAL 26-201 FACILITIES 17-202 DINING FACILITIES
17-202 RESIDUAL WASTE STORMWATER ‘See RESTAURANTS
PAY TV 13-201 20-102 ‘MANAGEMENT DIRECT SELLERS
PEAK DISCHARGE RETENTION BASIN PLAN 17-202 ‘See SALES
17-202 17-202 STORMWATER DIRT
PEDALCYCLE 3-101 RETENTION VOLUME! MANAGEMENT SITE See Also EXCAVATIONS
PERSON 20-102; 13-101; REMOVED RUNOFF PLAN (SWM SITE ‘See Also FILL
13-201; 16-101; 8.902; 17-202 PLAN) 17-202 MOTOR VEHICLES AND
10-202! 4-101; 24-303; RETURNPERIOD 17-202 STREAM ENCLOSURE "TRAFFIC 15-705
17-202: 18-101 RIPARIAN BUFFER 17-202 DISABILITY
PERSON or INDIVIDUAL, 17-202 STREET 13.201; 25-102 ‘ADMINISTRATION AND
24-401 RISER 17-202 ‘STRUCTURE 8.902; ‘GOVERNMENT 1-101
PERVIOUS AREA 17-202 ROAD MAINTENANCE 4-101; 18-802 EARNED INCOME AND
pH 18-101 17-202 SUBDIVISION 8-902; ‘NET PROFITS TAX
Pipe 17-202 ROADWAY 6-603 17-202 24-401
PLAN 20-102 ROOFTOP DETENTION ‘SUBSCRIBER 13-201 POLICE PENSIONS 1-205
POINT SOURCE 17-202 17-202 SUBSTANTIAL DAMAGE DISABLED VETERANS
PORTABLE OUTDOOR RUBBISH 20-102; 4101, £902 ‘See VETERANS
FIREPLACE 7-102 RULES AND SUBSTANTIAL DISCHARGE OF
aay REGULATIONS IMPROVEMENT FIREARMS
‘CEDING YEAR 16-101 8-902 Air rifles 6-402,
24-401 RUN AT LARGE/ SUBWATERSHED AREA ——_Assessinents 6-403
PRIVATE CLEANOUT RUNNING AT 17-202 CONDUCT 6-401\6-405
18-802 LARGE 2-101, SUCCEEDING YEAR Discharge of Firearms
PRIVATE PROPERTY RUNOFF 17-202 24-401 Probibited 6401
10-202 RUNOFF CAPTURE SWALE 17-202 Biffecive Date 6-405
PRIVATE SEWER VOLUME 17.202 TAXPAYER 24-401 Exceptions 6-403
LATERAL 18-802 SALVAGING 20-102 TIMBER OPERATIONS, Firearms 6-401; 6-402;
PROBABLE MAXIMUM SANITARY SEWAGE. 17-202 6-403,
FLOOD (PMP) 17-202 18-101 TIME OF Guns 6-401; 6402; 6-403
PROCESSING 20-102 SATISFACTORY. ‘CONCENTRATION Hunting 6.403
PROCESSION 15-107 CONDITION 18.802 (eo) 17-202 Penalties for Violation
PROJECT SITE 17.202 SCAVENGING 20-102 ‘TITLE TO REAL ESTATE 6-404
PROPERTY 4-101 SEDIMENT 17-202 24.303 Use of Air Rifles, Bow and
PROPOSAL 13-201 SEDIMENT BASIN17-202 TOBACCO 6-603 ‘Arrows, or Smile
PUBLIC NUISANCE, SEDIMENT POLLUTION _TRAFFICWAY 6-603 Devices Restricted
10-202 17-202 TRAILER 10-202, 6-402
PUBLIC PLACE 6-101; SEDIMENTATION 17-202 TRAILER PARKS 26.201 ‘Violations and pevalies
6-201, ‘SEEPAGE PIT/SEEPAGE ‘TRANSACTION 24-303 6.404
PUBLIC SERVICE LINE, ‘TRENCH 17-202 ‘TRANSFER STATION DISCLOSURE
13-802 SEPARATE STORM 20-102 EARNED INCOME AND
QUALIFIED, ‘SEWER SYSTEM ‘TRANSIENT RETAIL, NET PROFITS TAX
PROFESSIONAL 17.202 BUSINESS 13-101 24.408
17-202 SEWER 18-101 ‘TRANSPORATION 20-102 DISORDERLY CONDUCT
RATIONAL FORMULA SEWER LATERAL ‘TREE 25-102, ‘See Also NOISE
17-202 CERTIFICATE 18-802 TREELAWN25-102, SNOWMOBILES 15-306;
REAL ESTATE 24-303 SEWER SYSTEM 18-101 15307
5 iinoi
Page 369
--------------------
SHINGLEHOUSE INDEX
DISTURBANCE OF THE Borough Council 24405 EMERGENCY CODE ENFORCEMENT
PEACE Calton st Source 24408 MANAGEMENT 108
‘Annals 6302 Compensation 4-401; AGENCY See digo COSTS AND (
CONDUCT 6:301\6304 "403; 24408 FEOODILAMS 6-401; EXPENSES
Disturbing te pence 6301 Confdentiity 24-405, £302 EARNED INCOME AND
Noise 6-302; 603 2-408 STORMWATER NET PROFITS TAX
Penaies 608 Cos nd expenses 24-401; MANAGEMENT 3e-401; 24403
Standards 6303 32405; 20407, 24-408 M1300 FLOODPLAINS 8304;
Tie 6301 DeclarionandPeyientof EMERGENCY VEHICLES £305
Uniewiel Acts 6302 “fax s403, MOTOR VEHICLES AND LICENSES, PERMITS
Vahices 6302 Definitions 24-401 TRAFFIC Ist0e "AND GENERAL
Vioitions and pnates Dini 24401 See dito VEICLES BUSINESS
6-308 6.308 Disclosure 24-408 ENCROACHMENTS REGULATIONS
DISTURBING THE PEACE Fees 9-401; 24403 LOODPLAINS £5303; 13-102; 1-103:
‘ANIMALS 2-106 Fines and Penalties for $402; 50 152105; 13-108;
DISTURBANCE oF THE Vieation 24-408 STORMWATER 13.201; 13.208
PEACE 630) Hearings 24-408 MANAGEMENT ‘MOTOR VEHICLES AND
See Also NOISE Impociton of Tax 24-402 1701 TRAFFIC 15-10%,
PARKS AND Insuranee 2-403 ENVIRONMENTALLY T5217 5-606, 1-705
RECREATION 16-103 Interestand Penalties SENSITIVE AREAS REALTY TRANSFER
poss Sea07 STORMWATER “TAX 24-3031 24-912
"ANIMALS 2-117 Investigations 24405 MANAGEMENT SEWERS AND SEWAGE
REALTY TRANSFER bil 2408; 26406, inaue 'DISPOSAL 18-403,
“TAX 24305 28407 EROSION AND SEDIMENT e803: 81 18812
DRAINAGE Pensions 24-401 ‘CONTROL SOLID WASTE 20:106,
FLOODPLAINS 6.201; Powersand des 24405 FLOODPLAINS 8-304; STORMWATER
$304; 8-402;8-03, —‘Powereand Duties of 602 ‘MANAGEMENT
S500 Sticer 24-405 STORMWATER 19-3035 17-803:
HEALTH AND SAFETY Records 24-405, 24-408, MANAGEMENT 1.a0e, 17-1003
0-108 Retrement 24401 1102: 17-103: 1.1003, 17-1 104;
SEWERS AND SEWAGE ‘Sines and compenetn 19-2005 17301; Tetgoi 17-1402
DISPOSAL 18-00; Erereyeiate ria 1.303: 17-401; STREETS AND
18802 Social Seat 24401; 7e04; 17403, 17-902 SIDEWALKS 21-208,
SOLID WASTE 20-102 Be08 ESCROW ACCOUNTS WATER 25-108, 26-107,
STORMWATER Suit for Collection Tax" WATER 26-106, 26-107 46-108; 26205
MANAGEMENT 206 EXCAVATIONS FENCES
17-103, 17-20% TAXATION, SPECIAL ‘Sedo BACKFILLING — BUILDINGS 4101
130i 17.303, Se40ls-408 Sodio DIRT HEALTH AND SAFETY
17-306; 17-301; ions an pee See dleo FILL 10-107; 10-202; 10-204
1-904 17-7025 e405; 28507; 24-408 FLOODPLAINS 8.504; See Also HEIGHT
aoa: 1-804; EASEMENTS 830% 8-602 8-902 REGULATIONS
P01 171385; FLOODPLAINS 8.502 SEWERSANDSEWAGE OPEN BURNING 7-108
velaon LICENSES, PERMITS DISPOSAL 18-805 STORMWATER
STREETS AND ‘AND GENERAL STORMWATER MANAGEMENT
‘SIDEWALKS 21-201; BUSINESS MANAGEMENT eats 17701
a0 REGULATIONS 1720217601; 17-501 FERAL CATS
WATER 26-209 13.201;13209, 13-211 Seedlno STREET See CATS
DRIVEWAYS REALTY TRANSFER OreNINes rit
LICENSES, PERMITS piteten) See dso TRENCHES See Also BACKFILLING
[AND GENERAL SEWERSANDSEWAGE Wath 26-115, 26205 ‘See-Abo DIRT
BUSINESS DISPOSAL 18201; EXPLOSION HAZARDS ‘See‘aleo EXCAVATIONS
REGULATIONS 1-802, See COMBUSTIBLES FLOODPLAINS 8303,
1201 STORMWATER Sce FLAMMABLES STORMWATER
MOTOR VEHICLES AND MANAGEMENT EXPLOSIVES MANAGEMENT
TRAFFIC 15505, Vra0% 17-301 ‘Se dlvo COMBUSTIBLES 1730h17-701;
153031 130i; 17-60 ‘Sec dio FIREWORKS 171305
STORMWATER Ur701; 17-8005 Seedito FLAMMABLES STREETS AND.
MANAGEMENT. 17904; 17-1003 FLOODPLAINS #505, SIDEWALKS 21-201
{eae 17-302; 17-501 171308; 171403 PARKS AND. FILLING STATIONS
STREETS AND. ELECTRICAL CODE RECREATION 16-103" See SERVICE STATIONS
SIDEWALKS 21-105, "LICENSES, PERMITS SEWERS ANDSEWAGE FINAL PLANS
21-201; 21-208 ‘AND GENERAL DISPOSAL 18-503 "SEWERS AND SEWAGE
WATER 26-10. BUSINESS DISPOSAL 18-202
DRUGS AND DRUG REGULATIONS. —F-— FINANCIAL,
PARAPRERNALIA 15210 DISCLOSURES
PARKS AND. EMAIL FALSE ALARMS See DISCLOSURE
RECREATION 1603” STORMWATER ee ALARMSYSTEMS FINES
DUMPS AND DUMPING MANAGEMENT FARMS AND FARMING “ee VIOLATIONS AND
HEALTH AND SAFETY i730 BUILDINGS 4205 PENALTIES
10-107 EMERGENCIES HEALTH AND SAFETY FIRE ALARMS
sould WASTE 20-102 BUILDINGS 4-104; 4107; Tosi04 ‘See ALARM SYSTEMS
STORMWATER 4-202; 4-203; 4-206 REALTY TRANSFER FIRE DEPARTMENT
MANAGEMENT CONDUC 6-101; 6-103, "TAK 24-303; 24-306; OPEN BURNING 7-101
17301 MOTOR VEHICLES AND 3308 ‘See Also VOLUNTEER
bust "TRAFFIC 15-104, SNOWMOBILES 15.301 FIRE DEPARTMENT
BUILDINGS 4-101 aie FAST-ROOD FIRE EXTINGUISHERS
‘OPEN BURNING 7-102 STORMWATER RESTAURANTS ‘OPEN BURNING 7-105
MANAGEMENT ‘Ste RESTAURANTS FIRE HAZARDS.
—E— 17-202; 17-701; 17-802 FEES ‘BUILDINGS 4-103
WATER 26-205 26.209 ‘ANIMALS2-117 FIRE HYDRANTS: )
EARNED INCOME AND BUILDINGS 4207 ‘MOTOR VEHICLES AND
NET PROFITS TAX See dleo CHARGES "TRAFFIC 155031
ponds 24405
6 vino
Page 370
--------------------
SHINGLEHOUSE INDEX
FIRE HYDRANTS...
STORMWATER Appeals 8-311 Garages 8-902 ‘Special Requirements for
MANAGEMENT ‘Npisbliy 8-202 Ges B04; 309, 8-505; iResetonal Vehicles
T1301 ‘Apliation Procedures and 5902 07
‘TREES 25-106, Requement 8304 General Provisions 8-601 Special Requirements for
WATER 26-208 26-209 Avpliction Requrements General Requrement Subuiisions #305
FIRE INSURANCE for Special Pemite S301; boot specie Tesi
ADMINISTRATION AND S008 Coraey and grating £304; Requirements 8-604
‘GOVERNMENT Asplicton Review C305; E5062 Specie Defatons £902
Tso 1103 Procedures 8503 500 Slt of Constr:
See dito NSURANCE Anthony #101 Grieveness 8-311 ‘Exensions 8309
FIRE INSURANCE Sol Cont 11 ewing 6308 sioage ab
‘CLAIMS B05, 851 $4053 FE rpuniong 50 S03; #304 302
ScoINSURANCE Borghi: 3, Hinerie dsr 8.902 storage tas 8303; 8-902
Flite PREVENTION Boundary Daputes@40¢ Histone preservation 8902 Storm swers 8-602
BUILDINGS 4101 Bridges 8-208 Hoopiais 8601; 5902 Stomester 503
FIREPREVENTION AND Camping 9902 Ulztifeton 401 STORMWATER
IRE PROTECTION Ghanges 307 Improvements 304; 50; MANAGEMENT
‘See OPEN BURNING Ganges in Kenifeason of 35058-50686; Tpet0a 17-20%
SHOWS "Aes 8-403 3-600 #901; $700 10H 1.3025
FIRE PROTECTION Conservation dicts 8-305 E500 1.303; 17-304;
WATER 26208, Gensction 301; 8.202; Inspection 303 haoi: 17-701;
FIREARMS 2 300)80% £504, Insurance 801,890; 1-802 17-901
DISCHARGE OF £305 8 30g 83084 e302 Trier 8302
TIREARMS 6-401; $309; 8403| 501; nent 201 Trucks 6-902
60; 6403 Eon ES Faal;—Inepreaton 2.91 ites 304; 8502;
See dleo GUNS £00) § 902; 8502 Laws 6303 305, 80y, 8-902
PARKS AND Cconstrstion Codes, abiy 6-208 Variance cedure and
RECREATION 16-103 ‘Uniform §-303;8-902 Lense and permite 8303; Condition 802
See dito WEAPONS cong gee 0, Boe 8.301 8-602 Variances 8802
vuitts Sos 0, 8-900 Las 6.505; 6.902 Vehicles 850% 8.902
See Alto BONFIRES Deserpion nd Speci Manufactured home parks Venton 8-304
Se dso BURNING Requirements of 3-0 8-900 Vijatone spd peoaies
OPEN BURNING 7-102; Identified lecdpsin Managed homes &506; 3310; 890
7.108 ‘reas 8-102 3078-60178 902 walle 6502; 8.503; 8.902
Seediso OPEN BURNING Design and Consrstion Mining 8-802, ‘Waming and Disciaimer of
‘See dlso OUTDOOR Stands $503, Notices 8-30; 8-311; 8.603 Tabi 8-208
BURNING Design ofFinipin Neon 8402 Wate 82303; 85304; 83095
See dlso RECREATIONAL ‘Administrator 8301 NNoring ores 8-01; 6902 aon, son, f.503,
FIRES Development Which May __Obsruons 6-50 #503 5602; 8302
WATER 26.208 danger Human ife Of! ap 8-902 ‘Water spy 8-20; £503;
- FIREWORKS e508 Parking 8-502; 8-602; 8.902 a eok 8502
‘See leo EXPLOSIVES Drainage 8-201; 8-304 Parks and reeretion 8.902 Waerourbes 8-304; 8-402;
( PARKS AND. ea, 5 8.982 Permit Requed 8302 301; 8504; 03,
RECREATION 16-103 Dutiesandesponsiies ‘Placards 9308 e502
FISHING ‘ot Flecdpaa Planning Commission FLOODWAYS
PARKS AND ‘Rdmiisator 8303 2 b6, 8-503 FLOODPLAINS 8-304
RECREATION 16-106 Easements 302 Plumbing bso# 02; 8504; 505,
REALTY TRANSFER Elevation and Polinon 8-504 602; 306, 8700; 802;
TAX 24305 Foodproofng 2004 eon
BLAMMABLES Requirements 8-502 ualifestons $402; 8:60 STORMWATER
Seoalto COMBUSTIBLES —_Emergerey Management Radionetive substances MANAGEMENT,
Seeds EXPLOSIVES ‘Rgensy 8-408, 8902 pe) tyea0as 7-501; 17-802
FEGODPLAINS 8.303, Encroutmts $05; Records $303; 8-802 FLY ASH
GPEN BURNING 7-108 ‘euionr 8-501 Recreational while €-507; "See ASHES
SEWERSANDSEWAGE Enforcement 8310 ‘S00 FOOD ESTABLISHMENTS
DISPOSAL 18-003 Erosion and sediment Reports 303: 8-602: 8.902" SeeRESTAURANTS
FLOOD HAZARD AREAS coil & 04,802 Rebicental Code ®-5b2; FOWL.
FLOODPLAINS 4012 Excavation 6.304; 8509; $02 “ANIMALS 2411
8-505; 8-902, 8-602; 8-902 Review by County FUEL
STORMWATER Existing Stueues 8-701 oaserationDisct "FLOODPLAINS 8-503;
MANAGEMENT Enplosies 8505 S305 fe
trata 103 Fees 308 8505 Review of Application by OPEN BURNING 7-102;
FLOODPLAIN File-309 ‘thers 506 tg
“ADMINISTRATOR Flammable €-503, Roofs 8902 SEWERS AND SEWAGE
PLOODRLAINS 203; Foodies 401; Sty Sanit 610, DISPOSAL 18-603
2301; 8903; 830; 305; 8.502 £201; 8503;8-604; SOLID WASTE 20-102
£305; 8 3068307 Floodplain Admmnisrtor #00} 8902 STREETS AND
35308 8-30 83105 2202,8301;8503, Sales 902 SIDEWALKS 21-201
8311:8.503 $505;8305; 8306) Santa faclities $500, FUMES
FLOODPLAINS #307; 8 308; 309 #302 ‘See GAS
‘Nbrogeton and Grestr s3ioeaiea0s Serensand screening €-502 ‘See GASES
‘Restrictions 8203 FLOODPLAINS £101; Sevrsily 204 See ODORS
Acca agen $201; $203; 8208; Sage dst rae
sructres 6302; -502 $303; 8304, 8305, Son —G—
-Aceatory ses and $306,840, 840%, Sewers 8.304; 8309; 8.503;
Ssucturs 8902 $403; 408 #501; 902 GARAGE SALES
Adoption When Effective SS05;8-S0K 8506) Sheds 8902 ‘See SALES
‘8-1001 ‘8-601; 8-602; 8-702; ‘Special permits 8-601; GARAGES
Aircondioning £304; 8-302} 8:902 sb 0s 808, — ELOODPLanNS 8.902
e305, Hoos £304; 40; $302; 8902 MOTOR VEHICLES AND
osag 304 8-502 258% $905; 8506; Special Requirement for "TRAFFIC 15-605,
S508; 8308 £700 800, 6902 ‘Manufheured Homes 60s 15-606
Asim 8903 Fuel 8.303; 8508 3i0e
7 ronwaos
Page 371
--------------------
SHINGLEHOUSE INDEX
WATER 26-302 ‘AND WEEDS Cesspools 10-107 ‘Safety standards 10-1025
Rees” teste team oie gun
ont, sroliemn ieee ges
EABrovein main crtaminin ESe
SE unlit Sees nee
‘DISPOSAL 1-403, FIREARMS 6-401; Sank 15108 10-106; HEALTH AND SAFETY (
‘DISPOSAL 18-603 WATER 26.208 Noties 10-11 10-114 1ol15
GLASS —H— Nuisances 10-113; 10-201; ‘AND GENERAL
‘GRADES AND GRADING MANAGEMENT Penalties 10-116 15-605
8-309; 8-502; 8-602; ‘See Also TOXIC 10-207 FLOODPLAINS 8-304
LICENSES, PERMITS: HAZARDOUS WASTES Police’ Department 10-205; GES
See RS BG Ses
19-200, 17-301; ‘lies 10-104 Remedies No Moally ‘MANAGEMENT
wl BEE SEER nae
Page 372
--------------------
SHINGLEHOUSE INDEX
mistoric INDUSTRIAL WASTES INVESTIGATIONS WATER 26-105; 26-109;
PRESERVATION HEALTH AND SAFETY EARNED INCOME AND 26-208; 26-209
FLOODPLAINS 8.902 10-108 NETPROFIISTAX LIABILITY INSURANCE,
HOLDING TANKS SEWERS AND SEWAGE dios TICENSES, PERMITS
STORMWATER DISPOSAL 18-101; HEALTH AND SAFETY "AND GENERAL
MANAGEMENT 18-301; 18-303; 10-208 BUSINESS
17.701 18-602; 18-603; LICENSES, PERMITS REGULATIONS
HOLIDAYS 18-606; 18-607; "AND GENERAL 13.215
LICENSES, PERMITS 18-508; 18-608 BUSINESS MOTOR VEHICLES AND
"AND GENERAL STORMWATER REGULATIONS "TRAFFIC 13-604
BUSINESS MANAGEMENT 3.204 ‘TREES 25-114
REGULATIONS 17-202 OPEN BURNING 7-111 LIBRARIES
13-101 INGESTATION STORMWATER. “Anal Budget 12-105
MOTOR VEHICLES AND" BUILDINGS 4-101 MANAGEMENT ‘Appointment of Board
"TRAFFIC 15-101 HEALTH AND SAFETY 17802 ‘Members 12-103
HORSES, 10-108; 10-107; 10-108 ‘Appainments 12-103,
"ANIMALS 2-111 INSECTS —JjJ— ‘Abustanee 12-102
Sez dl LIVESTOCK BUILDINGS 4-101 ‘Authority wo Actas Agent
MOTOR VEHICLES AND -HEALTHANDSAFETY JUNK "a-t0t
"TRAFFIC 15-314 10-104 10-108 HEALTH AND SAFETY ood 12-104
SNOWMOBILES 15-303 ‘SOLID WASTE 20-104 ‘0-104; 10-106; 10-107 Bonds 12-104
HOSPITALS “TREES 25-109 JUVENILES Borough Council 1-102;
FLOODPLAINS 8.601; See diso VECTORS ‘See MINORS 1Be103; 13-108,
3.902 INSPECTIONS Budget 12-108
HOTELS ‘BUILDINGS 4-108 L— ibrry 12-101; 12-102;
SeeduoMOTELS—CODEENFORCEMENT enki OH 12-105
SEWERS A 5-103 LAND) ports 12-105
[DISPOSAL 18-502 FLOODPLAINS 8.303 TLOODELAINS &-503 “Treasurer 12-104
WATER 26-302 HEALTH AND SAFETY NS St LIBRARY.
HOUSES OF WORSHIP 10-112; 10-203, STORMWATER LIBRARIES 12-10);
“See CHURCHES MOTOR VEHICLES AND RANAGEMENT 12-103; 12-103;
HUNTING "TRAFFIC 15-602; Irso1 12-104 12-105
DISCHARGE OF 15-603 LANDSCABING LICENSES AND PERMITS
FIREARMS 6-403 sewers anpsewace — ANOST OSC AEENS AND ‘See fzo BUILDING
PARKS AND. DISPOSAL 18-604; ‘SCREENING PERMITS
RECREATION 16-103 18-801; 18-802; STORMWATER CONDUCT 6-304
REALTY TRANSFER 18-804; 18-806, MANAGEMENT FLOODPLAINS 8303;
"TAX 24-308, 18-807; 18-808; tests 1303, 8-304; 8-501; 8-602
18-809; 18-810; 18-811 LAWNS LICENSES, PERMITS
—I— STORMWATER Mee ico BRUSH, GRASS ‘AND GENERAL
MANAGEMENT ‘AND WEEDS BUSINESS
ILLICIT CONNECTIONS 17-802; 17-808; See Also GRASS REGULATIONS
‘See SEWAGE DISPOSAL, 17-9014 17-1004 LPNS 13-102;13-103;
PRIVATE 17-1003; 17-1101; ‘STORMWATER 13-104; 13-105;
ILLICIT DISCHARGES: 17-1202; 17-1402 MANAGEMENT 13-106; 13-107; 13-108
‘See SEWAGE DISPOSAL, WATER 26-111; 26-113; 17-130) MOTOR VEHICLES AND
PRIVATE. 726205; 26-207 sm > "TRAFFIC 15.509
IMPACT FEES INSURANCE. SDSWALKS 21-202 SEWERS AND SEWAGE
‘See FEES EARNED INCOME AND TREES 7S4107 DISPOSAL 18-804;
IMPOUNDMENT, ‘NET PROFITS TAX See do YARD WASTE 18-607
HEALTH AND SAFETY 24-405 ‘LEAF WASTE: SOLID WASTE 20-102;
10-107 See digo FIRE Ae WASH, GRASS 29-105; 20-{07
MOTOR VEHICLES AND INSURANCE ‘AND WEEDS ‘See Also SPECIAL
"TRAFFIC 15-601; FLOODPLAINS 8-401; SOLID WASTE 20-102; PERMITS,
15-604; 13-605; 13-607 3-802 8-902 b.108 STORMWATER
STORMWATER LICENSES, PERMITS ‘See dino YARD WASTE MANAGEMENT
MANAGEMENT "AND GENERAL LEASHING 17-108 17-202;
17-202,17-701 BUSINESS. “ANIMALS 2-103; 2-114 17-401; 17-601;
IMPROVEMENTS REGULATIONS LIABILITY 17-804; 17-807;
FLOODPLAINS 8-304; 13-103; 13-203; BICYCLES 3-112 17-1101; 17-1204
8-501; 8502; 8-506; 1321813221 FARNED INCOME AND, TREES 25-113,25-114
$601; 66001 8-701: POLICE PENSIONS 1-201 DYED INCOMEANP LICENSES, PERMITS AND
#702; 902 STORMWATER eae eribgaeio7 GENERAL BUSINESS
HEALTH AND SAFETY MANAGEMENT FLOODPLAINS 805 REGULATIONS
10-104; 10-113 17-202; 17-703 LICENSES, PERMITS ‘Abandonment 13-211
LICENSES, PERMITS TREES 25114 ONO SENERAL Aseepaes and Eecive
"AND GENERAL INTERNET BUSINESS eof Franchise
BUSINESS ‘STORMWATER REGULATIONS real
REGULATIONS ‘MANAGEMENT EST ATIONS a 202 Advertising 13-204
Bai 17.200 MOTOR VEHICLES AND Appeals 13-108
REALTY TRANSFER INTOXICATED PERSONS ‘TRAFFIC 15-103; ‘Applications for Ilia
“TAX 24-303 ‘See ALCOHOLIC T5604, 15-605, 15-705 Franchise 13-203,
STORMWATER BEVERAGES REALTY TRANSFER ‘Appointments 13-106,
MANAGEMENT INTOXICATING "TAX 24305; 24-311 itoreys fess 13.218
17-202; 17-601; BEVERAGES SEWERS AND SEWAGE ‘Borough Coun 3-107;
17-1002; 17-1402 See ALCOHOLIC DISPOSAL 18-807 13-108; 13-201;
STREETS AND BEVERAGES SNOWMOBILES 15.312 13.203; 13.2041
SIDEWALKS 21-202; INTOXICATION STORMWATER 15.205; 13.207;
3i-a04; 21-206 ‘See ALCOHOLIC MANAGEMENT 15-209; 13.211;
WATER 26-108 BEVERAGES 120 13212: 3216,
INDEMNIFICATION STREETS AND, 15.218: 13-219; 13.221
‘See LABILITY SIDEWALKS21-104 Borough Solicitor 13-21;
9 1211/2018
Page 373
--------------------
SHINGLEHOUSE INDEX
LICENSES, PERMITS AND
GENERAL BUSINESS
REGULATIONS.
Gable television 13-202; igh Reserved 0 Sidewatis 6.201 See Also
13203; 1210, ‘Shinglehouse Borough __Vehices 6-202 MANUFACTURED
Bali Bais, 13.222 bate Vioistions and penales HOMES (
Charges 13-201, 13-219 Saray saad 13-108 6-203; 6208 SOLID WASTE 20-102
Gonmpensaton 13-103 Salo i3ai1; 9218 LOTS MOTELS
Son Proce Sales 13-105 13-206 FLOODPLAINS 6-505; ‘See Aso HOTELS
29 Selection of Grantee 13.204 2902 SEWERS AND SEWAGE
‘Complaints 13-207; 13-219 Service Availability and HEALTH AND SAFETY DISPOSAL 18-502
onsruton 13-204 Recad eqe.208 To-107 WATER 36-20, 26-300
13210; 13-211; service Sindaris 13.216 STORMWATER MOTOR VEnicLes
13.218; 3-223 Seven 13211 MANAGEMENT BICYCLES 311
Construction and Teebicel Sidewalk 13-10 13-105, 17-20%; 17-501; HEALTH AND SAFETY
‘Standards; Additional TBet0s; 13201 1-100 10-104; 10202;
Spenfeatons 13210 Supervision, Recowsand = STREETS AND. 10-203; 10-204,
‘Conny of Service Repos 12107 SIDEWALKS 21-101 10205; 10-206
Mandatory 13-217 Swspentionand Revocation TOBACCO 6-603 MOTOR VEHICLES AND
(Costs and expanses 13-207; of License; Apes! ‘TRAFFIC 15-103,
Sa; ea 137 tB-i08 —M— 15.216; 15-603,
Definitions 13-101; 13-201 Technlal standards 13-210 SNOWMOBILES 15311,
Driveways 13-201 TimeLimitfor Bening MAGAZINES See-lto VEHICLES
Duration of Franchise ‘cable System to SOND WASTE20.202 MOTOR VEHICLES AND
Renewal 1-207 Gomply 13213 MANHOLES TRARFIC
Easements 1-201; 13-209; Transfead Asignmens 4 NeSNSES, PERMITS “Abandooed Vehicle"
ren) 13212 ‘AND GENERAL ‘Define 15:00
Electrical Code 13-210 ‘Transient merchants 13-101; BUSINESS Abandoned vehicles 15-602;
Exceptions 13:103 S102; 1104 REGULATIONS 15803
Fees (3-102; 13-103; 13105; 13-108 15.206 Abandonment 15:60;
t3-l0s: 3-108; Trees 13.211 SEWERS AND SEWAGE 15802; 15603
13-2015 13-205 Use of Streets/Roads 13-211 DISPOSAL 18-606 All-terrain vehicles 15-802
Forfeiture and Termination ‘Utilities 13-201; 13-204; STORMWATER Angle Parking Required on
13.220 15-209; 13-2115 13-216 MANAGEMENT Portions of Certain
Frachige Peo 13-205, Ui poles 13-209 iron 802; Stes 15-502
Franchise Required 13-202 Vetele 132104, 13-106 17.808: 17-501 Animale 18-107
Giese ging 2h) Vinaion 13202 MANUFACTURED HOME ——_Appllesblity and Scope
Geof Author 15200 Violations and penakes PARKS 15.601
Hearings 13-208 13-207 13108; 13-103; FLOODPLAINS 8-601; Application Procedue!
Holidays 13-101 aig ba2ist 2-902 "Application Fe 15-705
Innpeovements 13-211 15.218; 13.220; 1.222 MANUFACTURED HOMES —_Authonty of Police Offices
Incorporation of Prpealby Wve 205 13218 FLOODPLAINS 8-506, T5-108
Referees 13-203 Water 13211 507; 801; 8.902 Authorization for Ute of
Indemnifiestion ne LIENS. See diro MOBILE HOMES Spe ing Devos
Tnnornee 12.315 BUILDINGS 4207 MANURE B09
Insurmpoe 3-103; 15-205; REALTY TRANSFER SEWERS ANDSEWAGE Blocks 15-303.
iSaisr 3231 FAX 2430352453115 DISPOSAL 18-003 Bost and Bosing 15-802
lavigne 13-26 sowtitonmsewacn MAYOR Bend 5 13-705
Tssoane of License, rEWERS. AGE "ADMINISTRATION AND Borough Couneil 5-105;
‘Custody, Display and ‘DISPOSAL 18-303, (GOVERNMENT 1-302 Bide 15303.
Exhibit i3-105 1.804; 18-807 MOTOR VEHICLES AND. 15.604: 15703:
Liability 13-203; 13.215; STORMWATER "TRAFFIC 15-104 15.704; 15-705; 15-706
13222 MANAGEMENT T5107; 5216; 13509 Bridges 15.302; 15401;
Liability insurane 13-215, {et0034 17-1101 araeisas-ii0 T5403; 15403,
Lense Applietion 3-104 STREETS AND MEETINGS 15.3031; 19-083
{eense Required: SIDEWALKS21-105; — "PARKRSAND Busines dstits 15217;
Contos of isencs; 3ia07 RECREATION 16-103 isais
Feo t3-102 WATER 26-105, 26-114 STORMWATER Camping 15-801
Licenses and pets 76.208 MANAGEMENT Shag 5c: 5-08
1303; 15-103; LIGHTING T3015 17-701 Ghia of Pole 15309
{3:04 13-105; SICYCLEs 3-109 17-7005 17-1402 Sommer vices
13-106; 13-107; 13-108 BUILDINGS 4-101 WATER 26-202 15-404
Location of Property of See Also METERS: Construction 15-106;
Grane 13308 STREETLIGHTING — STORMWATER 13608
Mankoies 13-206 LITTER MANAGEMENT Costs td expenses 15-104,
‘Newspaper 13-103 PARKS AND tns02 153108; 15.106,
Naties or Communication RECREATION 16-103 WATER 26-114; 26.201; 15-107 15-205,
iba Livestock. Yoru0s, 26405, 15206; 15-207
Novices 13-204; 13-207; ‘See dlso HORSES 36-206; 26-207; 26209 15-08; 15-210;
15-208; 13.211; STORMWATER MINING 15201; 219;
1212; 3.216; MANAGEMENT FLOODPLAINS 8-502 152 15214;
13.217; tae Trane SOLID WASTS 20-102 15215, sale
Peddling and soliting ———-LOTERING MINORS, 15317 15.2185
13-101; 13-204 Certain Types of Loitering. ‘CONDUCT 6-101; 6-102; 15-401; 15-402;
Penaies 13-105; Probes 202, 105; 104 6-105; 15403; 15-404,
Police Chit 13-1025 CONDUCT 62016204 62107; 108 15-508; 15-603,
Tac10y -104, Sefiitons 6-201 See dise CURFEW 153.606; 15-609,
13-108; 13-107413-108 earings 6-202 TOBACCO 6-601 15-705, 15.806
Police offers 1.163 LOITERING 6201;6202 waNUTES. cross 15-3031
Prohibited Act 1-106 Parking 6201, See RECORDS Garb 15S02;15803.1;
Gualifetons 13-212 Pedestians 6-202 MOBILE HOME PARKS is.508
Records 13-104; 13-107; Penalties 6-208 See MANUFACTURED Definitions 15-801
‘S208 Police officers 6203 HOME PARKS Definitions and )
Reports 13-107 13-205 ReqestioLeme6203 MOBILE NOMES Teen 150)
Reguired Services and Restarens 6201 BUILDINGS 4-101 Derelict Eauipment 15-805
elites 13-218 Sshools 6201
10 12/11/2018
Page 374
--------------------
SHINGLEHOUSE INDEX
MOTOR VEMICLUS AND TRAFFIC.
Boe eT Scking of Tracks, Buses Stata, Coster, Sid and 15-605; 15-606
Cops Gates wh Grom Ons. Sir ay Voices {En 1508
Bontlg: Toe and Ys ohbied in eis {S00 1508
Soage i ot Cera Locos sooyaroies 15-902 {S904 a8
ig i208 sa SewOwarobises {Sori actos
Davey 5-503; 15-503. Prkng Mie 15-503. TsaoNs313 Vetta Be Pura
ffestof Payment of Parking Prbibited at all Spacing 804 ‘Witin Marked Spaces
“Towing See ‘cin Gein Fret prin ea
Gage 108 Tosa 18303 Gomes Enabled Veen 15504
merous 15.10% ark Probe in Paling Onmrvse Vis peas
hie icin Lovtos Prue Sor ieoasiies
mein) vehicles 15-404 EStaie Beye Hous Speedfimis sol, Ib:og 13107
Expl Regltons, (S00 is:0; a0 15.204 iSaor 1320
208 Patieg ime Linkedin Sang rung {2 a04 [bane
pees 5107: 15217; ‘icin Lovo eaitay fortis eater
1590; 13108 eran Doyand Hous br Unloslng 15308 {508 15216
roby (5903, E308 Stop inteaton 13214 erate
Gregesise0 18h; sane sant Sp eas Isaig sate
a Pedals S27 15306, abhi 1-214 ibats sate
Garbage, bbis nd refuse 103 step 0126 Sain ieaie
i Pedeston 15107; 15218 Bon ts-t0a (aot Sang
etna pig 15.208 alin 950,18” Sge al {Ecos ang
Sates Peak ales fr Vito, Scent 13-01 13-30%
eecngs 1-60; 1-605 ed Essent on Pali 130s, 1-605
Hepigamon 0% Pel op Rigiwat ay i 2 13-409: isroe
15-05 Pay iva abies Tempo nd ergy 15-706, 15-807
uotidye 1-101 od huiboceed 1526 ultons Waive 15408
Howe 1sai4 voiceDaparment toh, Tess S108 Wace aie
a Soo, aati FEE oye Wa 2 a 903
"eon 13s is-607 13.03 venue 3-13 Weed centers 12215
Inspations 12600 18.608 Polo offers 15-105 Teepe 1214 VeUineretons
theese ners un tion isso fon subi! 21s
Prohibled on Red [5-03-08 Tie 15761
Signal 15-206 Provisions to Be Towing 15604 15-605; —_N—
abi so 1-c04 Cominsaton of Baad
IS obe 308 eermtcpsions ——TrfflvonStets Closed or NAYURAL FEATURES
Lia arance 15-408 ary Westie STORMWATER
etc and pei 6-909 Popa 5-702 Corsten, MANAGEMENT
Et overge 308 Gudleaons 5-704 lnc or Special fe
inert Ring Resameton Coss 1-608 Bren 1-108 NATURAL HESOURCES
ereunenttatic and‘ Recons 15607 atteSipaiacenin — “ORMWATSC
( Felapeuiaions | Reso of Vets Tenons 15008 MANAGEMENT
fee enuved il 18902 1-803 eral
as pet Lins A on Fodthate Rouiceton NEWSPAPER
Tubieked tecerain Rectan veils Caranseece iso) N"NCENSES newts
‘eae on fosedous ise rely ONS ts AND GENERAL
Gras S308 estan 15-602; 15-603 tee abEINESS
xm et iis ReBerlotvenecoyorat — Tumiagat Cerin, REGULATIONS
aablshed in Pas Breston af Poe insetns Prohibited 08
1308 iw CeRStred 1500) Seedio PAPER
expan pet ints Repo 15-509; 15-608 uum att SOLID WASTE 20200
EDC Riese tage OTumonmitst NOISE
Bruges nod lead od Susot Vetids on ee oes A ep DISORDERLY
Sie 1-508 Brain Sees and ‘Bail Comecr
xn pei Bagge 15200 Use af seisby DISTURBANCE OF THE
‘UR onConsin Reststason Sze of Proceso nd PEACE 08,6903
Siese (S201 ‘Vaueis on Cfain Asembaes 1-107 See Ao DISTURBING
Mayo i 10%; 1-107; Seed Bes gitar Beat Hee Dist
Tero tb 09 iso Webi weight ins snioWiNoBiLes 15.207
Mote veils 13103; Reson on Useof ‘sol NONCONFORMING SIGNS
e316 15603 ase 1217 vei Wein SeStONS
No Passing Zones ests Upon teva SavikegenCaain NOvIGES
led 15-212 ‘oiVauices 1308 Siete and res OINGMALS 2-113
Nose 16 15.30; ight Tus Only Fermited ot BURDINGS 4104 4105;
‘Son 1704 NuCuraigeertons Vettes S101; 15106 og on 0
‘ccupaney 13503 isaie peateaata et
QeeeeeAeting 15.803 Road erm Required {307 Isto FLOODPLAMNS 8310;
Sterna dees 13206, See tEa0r eam pains
ison Rot Tai sland ere oe cere
One-ay Sects Baath 15.208 {20g Sane Torts ott
ebished 15.207 sey hears 13-08 1508: 15.208 to. 10308 10.206
Parades 1-108 Su seman 1-03; Ia10 Balk LICENSES PERMITS
Puig 2:08: 15-108 eps 100 tata eats Ror
Eros sales 13317 IBata eats aoe
{eso abe Sontaton 15217 ieatn sate REGULATIONS
1 S0s! ie soa, Shots 508 1340r i508 tea0u 130%
104 ib s03: SsSeae 18907; 15218; [Sos tog, Eerie
i306 S30 "ea TS-0r 1330, Baie ale
13308 Lom: sions 18104 15-105 1303 18305; ereey
15.908 13.808 isso isn (3306 307 MOTOR VEHICLES AND
pais aie 15:08, 15.30% TRAFFIe 102"
1313 133081 {5-01 13608 TE os, 15.608 15.708
{3:04 1708 13.3; eo
n raninois
Page 375
--------------------
SHINGLEHOUSE INDEX
NOTICES..
PARKS AND Office of Secretry- Regulations Contoling ‘PARKING METERS
RECREATION 16-103 “Feasrer Elis ermissbie Outdotr Se MSTERS
SEWERS AND SEWAGE es Baming 7-106 PARKING OFF-STREET 7
DISPOSAL 18-301; Treasurer 1-321 Regulations for Outdoor See OFF-STREET
16302; 18-308 OFFICIAL MAP ‘Buming and Use of PARKING
16304; 18-501 FLOODPLAINS 8.502 Barbecue Grils Within PARKS AND
18-806; 18-807; 18-812 OFF-ROAD VEHICLES: ‘Street Rights-of Way RECREATION
SOLD WASTE 20-108 ‘See ALUTERRAIN i509 Alcoholic beverages 16-103
STORMWATER VenicLes Regulations for Use ofBum ANIMALS 2.108
MANAGEMENT _OFE-STREET LOADING ancl 7108 ‘Authority t Close Areas
17.304: 17.306, See PARKING. Roofs 1102 ieioe
Tta0k, (71901 OFF STREET PARKING Say standards 7-102; Bicycles 16-103
STREETS AND ‘MOTOR VEHICLES AND 03 Boats end Boating 16-103,
SIDEWALKS 21-101; "TRAFFIC 13-803, Sidewalks 7106 Borough Counel 16-10;
3icton: 21-107; See diso PARKING Smoke 7-102 iéei02: 16-103;
21-203; 21.203: ONE-EAMILY Spel neon 7.105 16-105; 16-106
21-204; 21-205; DWELLINGS remporary Burning Ban ‘Camps 16-103
21-306, 21-207 ste SINGLE-FAMILY a Commetial vices
TAXATION, SPECIAL ‘DWELLINGS Trucks 7106 ie-103,
99-202, 94-205, ONE-WAY STREETS {Tworfumily dwellings 7-107 CONDUCT 6-103; 6-105
“TREES 25-09; 25-110; MOTOR VEHICLES AND Use of Basbcue Gls Seions 16-101
25.11) "TRAFFIC 15-206, Sor Disturbing the peace 16-103,
WATER 26-101; 26-105; iach Venton 7-108 Drugs and aug
46116; 2608, OPEN BURNING Violations 7-111 Sarapemalia 16-103
46.206 26.203, ‘Adminiaton and Viton td pou Eofoeement 16.107
26-207; 26-209; 26-303 Enforcement 7-101 7-104; 7-106; 7-111; Explosives 16-103
NOTICES OF VIOLATIONS Aicpollion 7-102 ir Fea 16-103
‘See VIOLATIONS AND Bonfire 7-102; 7-106; Water -106 Fireworks 16-103
PENALTIES 5103 Yerdwaste-102 Fishing 16-104
NUISANCES See Also BONFIRES OPEN FIRES FLOODPLAINS 8.502
ANIMALS 2-103; 2-111 Borovgh Camel 7-110 ‘See BONFIRES Gate bh ad fie
BUILDINGS ida 0s; Bamig 7108 7s ‘Se BURNING issi03
‘e108 nfo, a8, 710 SceFIRES Hunting 16-103
FLOODPLAINS 6.310; See Aico BURNING See OUTDOOR BURNING Lier 6-103
$802 Ghict ot Poiea 7-111 OPEN SPACE. sings 1103
HEALTH AND SAFETY Ghimneys 7-102 HEALTHAND SAFETY MOTOR VEHICLES AND
10113: 10201; Stations 211, 7-112 10.108 "TRAFFIC 15.204
40.202! 10203 Gombstbies 7:102,7-105, REALTY TRANSFER Notices 16105
‘OPEN BURNING 7-102; 706; 7-107 7108 "TAX 24-306 Nutsenes 16-103
7.104708 Construction 7-105,7-107 OUTDOOR BURNING Paper 16108
PARKS AND Gontsand expenses7-112, \Seedlzo BONFIRES Pat Hours 16-102
RECREATION 16-103 Definitions hio2 See dlso BURNING PARKS AND.
SEWER ANDSEWAGE Bebe or Nolet Seed FIRES RECREATION
DISPOSAL 18-605 Burning 7-103 OPEN BURNING 7-104 T6101; 16-103;
18-805; 18-806, Dust 2102 7106, 7-1087-110 To-104 ecto
e309; 18-810 Bifetve ste 7-113 See dieo OPEN BURNING Penalties 16-108
SOLID WASTE 20-10; Extgihment Ahoy Playgovads 16-101
20-104, 20-108, ba —Pp— See dito PLAYGROUNDS
STORMWATER Eenes 7-108 Police ocr 16103:
MANAGEMENT Fre Deparment 7-101, PAPER. ‘eo
rs203; 17-1204 Firs extguisher 7-108 BUILDINGS 4-101 Prohibied Conduct 16-103
[NURSING HOMES HIREPREVENTIONAND —Saevgo NEWSPAPER Recreation seas 16101
FLOODPLAINS 8-601; HIREPROTECHION PARKS AND. Seediso RECREATION
8-902 7-101\7-113 RECREATION 16-103 AREAS,
Fires 7102, 7-108 SEWERSAND SEWAGE Reservation for Specific
—o— See alco FIRES ‘DISPOSAL 13-003 aes 16-108
Fianmebles 7-105 SOLID WASTE 20-102; Seles 16-103
onstRUCTIONS Fuel -10a; 7107 30.203 Schools 1105
FLOODPLAINS 8-502; Gariage, ish and refuse PARADES Shoe 1603
2308 "si02; 108 “ANIMALS 2-108 Sis 1-103
‘SEWERS AND SEWAGE Gas 7-102; 7-107 MOTOR VEHICLES AND ‘Snowmobiles 16-103,
DISPOSAL 18-003 eating 7-102 TRAFFIC 15-108 Sresdlmisrien
STORMWATER Feightregulatons 7-102 PARKING Res 16-103; 25-103
MANAGEMENT Investigations 7117 BICICLES 3-111 Vetices 16-103.
Tesotei7-001 ‘Nusanees 7-102; 7-104; FLOODPLAINS €-502; ‘Violations and penal
rests 2108 *i06 £602; 8502 16108
ovors dors 7-102 HEALTH ANDSAFETY Water 16-106
See dlso GAS OPEN BURNING 7-102; 10.107 Weapons 16103
See leo GASES 7105. LOITERING 6201 Wil snimals 16-103
‘OPEN BURNING 7-102 uae bing 710 MOTOR VEHICLES AND PEACE AND GOOD
SEWERS AND SEWAGE “e106, 1-108, 7-110 "TRAFFIC 15-102; ORDER
DISPOSAL 18-603 See Aisa OUTDOOR 15104 5105: See DISORDERLY
SOLID WASTE 20-102; ‘SURNING 15217 15301; CONDUCT
D-108 Pena and Fines 7-112 15.502: 1303, See DISTURBING THE
OFS VIOLATIONS AND Poe Chet -10¢ 15:30s: isso” See NORE
e VIOLAT is Chie? ee
PENALTIES Poles Department 7-101 15307 15-508; PEDALCYCLES
OFFICEOFSECRETARY- __Prohibiton of Open Buring is-s0y: lens. is.sos BICYCLES $101; 3.102;
TREASURER. "05 See iso OFF-STREET Sid; 3105; /
ABMINISTUGTION AND Recreational fires 7102; PARKING 3-1on 3-108 3-103; (
GOVERNMENT 1-321 3106; 7-109 STORMWATER Sito saisne3-is2
Borough Seretary 1-321 MANAGEMENT See Alea BICYCLES
1.2025 17.801
2 raniaois
Page 376
--------------------
SHINGLEHOUSE INDEX
PEDALCYCLES..
MOTOR VERICLES AND PLUMBING STORMWATER Enforement 24-316
TRAFFIC 15217, FLOODILAINS -208 MANAGEMENT Ended Trnsieons
15.308 15-602 SEWERS AND SEWAGE toa 17-401; “306
PEDDLING AND DISPOSAL 18-807 T7301 17-701: 17-802 Exempt anes 24-308
SOLICITING Te09 PowERS AND otis Extrbion of ease 26310
LIGENSES, PERMITS WATER 26205 EARNEDINCOMEAND Fann lng 26308
ANDGENERAL POLICE CHIE NETPROMTS TAX prayer
SusiNEss cede CHIEF OF 303 Fees 24305; 24312
REGULATIONS POLICE PRELLMINARY PLANS Fishing 24303
13-10); 1.208 LICENSES, PERMITS STORMWATER Gs 2305; 24-306,
See dso SALES ‘AND GENERAL MANAGEMENT nang 24303
PEDESTRIAN Business test Inpostion of Tax; Interest
WALQWAYS REGULATIONS PRIVACY PROTECTION ze
Sue CROSSWALKS Teton; 13-10; SCCONFIDENIALTIY Improvements 2-303
PEDESTIUANS toe 13-105 PrIviEs Ui 3-905, 245311
BICYCLES 3.110; 3-111 Ector ioe SEWERS ANDSEWAGE Lien 20315
HEALTHAND SAFETY OPEN BURNING 7-106 DISPOSAL 18-308 Liens 24303; 26-3115
To-107 POLICE DEPARTMENT PROHIBITED Seis
LOWERING 6.202 "ANIMALS 2103 DISCHARGES ‘pen space 24-306
MOfOR VEHICLES ND “HEAT ANDSareTY STORMWATER Pceeks of ada Sale
TRAFFIC 15-107, 10.205; 10.206 MANAGEMENT Setl
Bale MOTOR VEHICLES AND fan Records 24303; 24-304;
STORMWATER TRAGIC T3104) PROPERTY. 730g; 24308
MANAGEMENT {sstog 15-903. MAINTENANCE Pesta gai 24314
trsot {5-603 HEAUTHAND SAFETY Regulations 2-317
TOBACCO 6-603 ‘open BURNING 7-101 To.101 Reponsa039
PENALTIES FOR POLICE OFFICERS PUBLIC RECORDS, Stes 21-303; 24.306,
OFFENSES ANIMALS 2-114 ‘ACCESS TO “ton basil
sevVioLaTions AND CONDUCT 108 see RECORDS Sehoois 24306
PENALTIES CICENSES, PERMITS PUBLIC SAFETY Severity 26-318
PENSIONS ‘AND GENERAL See SAFETY Stor Tile 34301
TARNED INCOME AND Business STANDARDS Slovghehonss 24-303
NETFROMS TAX REGULATIONS Ststineat of Value 24-313
pa tb.i03 —Q— TAXATION, SPECIAL
POLICE PENSIONS 1204 _LOTTERING 6-203 Seaoiee9
See io RETIREMENT MOTORVENICLES AND QUALIFICATIONS Tenens 24305
PER CAPITA TRAP 13106, LOODERAINS 8-402; Tessa s03
*endeat Defined 24-102 15-108 5-509, Se Gibes 2303
‘iho reste {5.g03 15-608 LICENSES, PERMITS Vlaams
24-101 PARKS AND. ‘AND GENERAL 24-314; 24-316
Cotton 24-108 RECREATION BUSINESS RECORDS
Spstsand expenses 24-104 Te-103; 1610 REGULATIONS SUILDINGS 4-104
Efeeive Dale 210s Pouice PENSIONS 1201 i212 EARNED INCOME AND
Impestinetfax24103 POLICE PENSIONS MOTOR VEHICLES AND ‘NEL PROFITS TAX
Tex allecor 2-104 ‘ADMINISTRATION AND TTRAPHIC 15704 Mesos 24-08
TAXATION, SPECIAL GOVERNMENT FLOODPLAINS £03;
Siolds-t0s Pa0Kt-208 R— fry
Vioatons and peaties Borough Couel 1-202 HEALTH AND SAFETY
aot Borough to Own Ail RADIOACTIVE 10208; 10-206
PERFORMANCE “Annuity Cootaes ONT Eas LICENSES: PERMITS
STANDARDS tz FEBENSESs san ‘AND GENERAL
Se Alo DESIGN Condens and Liniatons A HOGUELAING 250, Business
STANDARDS ‘plies 208 OAT EAE REGULATIONS
STORMWATER Disabiy 1205 roe An SNe TB-lod, 13-107, 13-208
MANAGEMENT BiobliicarerFund pean PEE HERS MOTOR VEIiICLES AND
Tuaci7s06 eta ee TRAFFIC 15-607
PERMIT PARUGNG Isurace 1 rea . REALTY TRANSFER
pasty pore TY TRAE Ta tee
PIGEONS ‘Benefits 1-203 Animals 24308 245306; 24-308;
‘ANIMALS 2-111 Pensions 1-204 ‘Authority 24-302 24-312; 24-313; 24-314
PLACES OF WORSHIP Polis ofcers 1-201 Gimping 24303 SEWERS AND SEWAGE
SeCHURCHES Retrsment (201, 1205 Gaming DISPOSAL 18-308
PLANNING COMMISSION Rerement Bigbitey 1-205 ERS 28g Tego 18-209
FLOODPLAINS #06; Stinesand compensation MEI aug STORMWATER
2-003 is, Gee enaes 34318 MANAGEMENT
puastics Tis 1-205 Keres {e303 17-003
‘ANIMALS 2103 POLITICAL, SIGNS Goncominuns 253 ane 1-807
OPEN BURNING 7-102 See SIGNS Someone st 17084 173012
SEWERSANDSEWAGE POLLUTION Ces Tsk, 17-1082;
DISPOSAL 18-008 SecdboainroLuTion Sis Aas 1-toos 17-130
SOLID WASTE 20102 FLOODPLAINS #304, Peas 22 to Rat
STREETS AND 02; 608 “Aseclens STREETS AND,
SIDEWALKS21-201 STORMWATER Sesceihors SIDEWALKS 21-201
PLAYGROUNDS MANAGEMENT Corporations an | WATER 2620426006
‘CONDUCT 6-101 17-103; 17-2025, Rtockholiers or RECREATION AREAS
PARKS AND Uya04 1-306 Sterol Threat PARKS AND.
RECREATION 16-101 12804; 172903 pay RECREATION 164101
See Ato PARES AND Heraoi 17-1308 op dS See diso PARKS AND
RECREATION Pons Doge 2408 dro Deeds RECREATION
See dso RECREATION TREALTH AND SAFETY pein ‘See dlso PLAYGROUNDS
AREAS To.10? puerta 303 STORMWATER
PLUMBERS aes eenry MANAGEMENT
WATER 26-209 B Date 24-319 17-701
B aio
Page 377
--------------------
SHINGLEHOUSE INDEX
RECREATIONAL FIRES RIGHT OF ENTRY SALARIES AND. SETBACKS
‘See dlso FIRES STORMWATER. ‘COMPENSATION ‘STORMWATER
OPEN'BURNING 7-102; MANAGEMENT ADMINISTRATION AND MANAGEMENT (
7-105, 7-109 fancy ‘GOVERNMENT 17302
RECREATIONAL RIGHT TO FARM 130k; 1302 SEWAGE DISPOSAL,
VEHICLES. ‘See FARMS AND See diso COMPENSATION PRIVATE.
FLOODPLAINS 8.507; FARMING EARNED INCOME AND” _ FLOODPLAINS 8-503,
3.502 ROADS NETPROFITS TAX SEWERS
MOTOR VEHICLES AND See STREETS AND 24-401; 24-403; 2406 FLOODPLAINS 8-304;
"TRAFFIC 15-801 SIDEWALKS POLICE PENSIONS 1-205 8-305; 8.503; 6.902
See Ato VEHICLES RODENTS SALES LICENSES, PERMITS
RECYCLABLE BUILDINGS 4-101 ‘BICYCLES 3-112, "AND GENERAL
‘MATERIALS HEALTHANDSAFETY BUILDINGS 4.20 BUSINESS
SOLID WASTE 20-102, To-104; 10-107; FLOODPLAINS 6-902 REGULATIONS
RECYCLABLES 1108: 10-201 HEALTH AND SAFETY an
‘SOLID WASTE 20-201; SEWERS AND SEWAGE 10-204 SEWERS AND SEWAGE
20.202; 20-20% DISPOSAL 18-603 LICENSES, PERMITS ‘DISPOSAL 18-101;
20.204; 0-208 SOLID WASTE 20-108 ‘AND GENERAL 16.201; 18-202,
RECYCLING See leo VECTORS BUSINESS 1301; 18-302!
SOLID WASTE 20-102, ROLLER BLADES REGULATIONS 1-303! 18-401;
20-202; 20-203 ‘See BICYCLES. 13-103: 13-206 18-403; 18-406
‘See Also SOLIDWASTE ROLLER SKATES MOTOR VEHICLES AND 18301; 18-502
REGISTRATION ‘See BICYCLES TRAFFIC 15217 1e-s03! 18-304
MOTOR VEHICLES AND ROOFS PARKS AND. 1601; 18-602;
"TRAFFIC 15-602; BUILDINGS 4-101 RECREATION 16-103 18-603; 1605;
15603 FLOODPLAINS 8902 See Ato PEDDLING AND 18-606; 1-607;
SNOWMOBILES 15.310 HEALTH AND SAFETY SOLICITING 18-608; 18-609;
WATER 26-264, 26-206 10-109 REALTY TRANSFER 18-801: 18-802:
RENTAL PROPERTY OPEN BURNING 7-102 "TAK 24-303; 2406; 18-803! 18-808,
‘See TENANTS SEWERS AND SEWAGE 245308; 24311 18-805; 18-806:
RENTAL UNITS ‘DISPOSAL 18-601; ‘SEWERS AND SEWAGE 18-807; 18-808;
‘SEWERS AND SEWAGE 16.802 ‘DISPOSAL 18-603; 1-809; 18-810; 18.811
DISPOSAL 18-802 STORMWATER 1-601; 18-808 STORMWATER
WATER 26.303 MANAGEMENT SOLID WASTE 20-102; ‘MANAGEMENT
REPORTS 11-203; 17-301; 320.208, 17-802; 17-1002,
‘CONDUCT 6-105; 6107 17-804; 17-701; WATER 26201, STREETS AND
FLOODPLAINS £303; 17-1302 SANITARY FACILITIES SIDEWALKS 21-201;
8-802; 8-902 RUBBISH. FLOODPLAINS 8502; 21-306
LIBRARIES 12-105 ‘See GARBAGE, RUBBISH 3.902 ‘TREES 25-107
TICENSES, PERMITS "AND REFUSE HEALTH AND SAFETY WATER 26.205; 26-208
"AND GENERAL 10-108 SEWERS AND SEWAGE (
BUSINESS —s— See Avo TOILET DISPOSAL
REGULATIONS, FACILITIES Abandonment 18-303
1307 1-208, SAFETY HAZARDS SANITARY LANDFILL ‘Abandonment of Otber
MOTOR VEHICLES AND "“HEALTHAND SAFETY See LANDFILLS ‘Systoms 18-303
"TRAFFIC 15-5055 10-106, 10-107 SANITATION Animale 18-10) 8-603,
15-603 MOTOR VEHICLES AND BUILDINGS 4.101 ‘Apartments 18-502
REALTY TRANSFER "TRAFFIC 13-603, MOTOR VEHICLES AND Appeals 18-606,
“TAx24-312 SOLID WASTE 20-104 "TRAFFIC 15-217 ‘Application fr Available
STORMWATER SAFETY STANDARDS scHooLs Service 18-401
MANAGEMENT BICYCLES 3-112 ANIMALS 2-115 Application When Service
17-200; 17-301; BUILDINGS 4-101; 4-103 BUILDINGS 4-101 Ig Not Avaliable
17-70; 17-802: Conbucr 6-102 CONDUCT 6-103 Tesioa
17-803 17-808; FLOODPLAINS 8-101; HEALTH AND SAFETY ‘Approval of Plan 18-202
17-805; 17-806, 8-201; 8-303; 6-604; 40-202 A8bsso 1-403,
17-807 17-808; S00 8502 LOITERING 6-201 ‘shes 18-603
17-100}; 17-1062; HEALTHANDSAFETY - MOTORVEHICLES AND Assessments 18-807
r-toug; 17-1402 10-102; 10-107; "TRAFFIC 15-508 Acree V2
RESIDENTIAL CODE 10-109; 10-113; PARKS AND. Bonds [8-404
FLOODPLAINS 6502; 10.201; 10-202; 10-203 RECREATION 6-05 Borough Coin 8-01
$902 LICENSES, PERMITS REALTY TRANSFER THe301, 18-302; 18-802
RESIDENTIAL, ‘AND GENERAL "TAX 24306 Borough Secretary 18-10
‘CONSTRUCTION BUSINESS SEWERS ANDSEWAGE Bling permite 18-802;
See CONSTRUCTION REGULATIONS DISPOSAL 18-502 nebo
RESTAURANTS 13-108, 13-210; TOBACCO 6603 Cater of comliane
LOITERING 6-201 i211; B18 WATER 26302 18-807; 184
SEWERS AND SEWAGE MOTOR VEHICLES AND SCOOTERS Cesspool 18303; 18-601
DISPOSAL 18-502 TRAFFIC 15-403; HEALTH AND SAFETY ‘Charges 18-404; 18-501;
SOLID WASTE 20-102 15-603; 15-702 10-203; 10-208 Tss0n; 18°505;
WATER 26302 OPEN'BURNING 7-102; SCREENS AND. 18-508 18-609
RETAIL FOOD. 7-103 SCREENING ‘Churches 16-502
[ESTABLISHMENTS SNOWMOBILES 15-309 See dlao BUFFERS ‘Gleanouts Requires 18-804
‘Ste RESTAURANTS STORMWATER FLOODPLAINS $502 Conditions Reguling
RETAINING WALLS MANAGEMENT HEALTH AND SAFETY Inspection of Private
‘See WALLS Ata ion 10-108 Sewer Lateral 18-809,
RETIREMENT 1105! 17110! See Also LANDSCAPING Connection Fes 18-402,
"EARNED INCOME AND 17-202! 17-301; SEPTIC TANKS Gonstueton 18-201;
‘NET PROFITS TAX 17.300; 17-303; 17-701 SEWERS AND SEWAGE 18202; 18-302;
34-401 ‘TREES 25-101 DISPOSAL 18-303 1404: 18-504
See diso PENSIONS WATER 26-115 SERVICE STATIONS 1.406; 18-803; (
POLICE PENSIONS 1-201; ‘SEWERS AND SEWAGE 18-307; 18-809
1208 DISPOSAL 18-502 CCorection o Abatement
WATER 26303 Te-07
14 T2AV2018
Page 378
--------------------
SHINGLEHOUSE INDEX
SEWERS AND SEWAGE DISPOSAL.
Costs andespenses 18-202; Procedure to Enforce Water 18-101; 18405; SINGLE-FAMILY
tass02; 18-402; Connection 18-302 Te-4o4; 18-503; ‘DWELLINGS
18-403; 18-404, Prohiiled Sevag or 18-604; 18-606: SEWERS AND SEWAGE
18-502; 18-604, Indust Waste 18-804; 18-802: 18.07 DISPOSAL 18-502
18-606 18-807; 18.603 ‘When Connection Required —_WATEI 26-302
18-09; 18810 Publ Nuisance Conditions 18-301 SITEPLANS
Cus 18-403, 105 Yards (3.802 STORMWATER
Definitions (8-101; 18-802 Purpose and Findings SHADE TREE MANAGEMENT
Determination of Public i801 COMMISSION 17-203; 17-304;
TNulanes by Borough; _-Redoactve waste 18-603 ADMINISTRATION AND 13300! 17-701;
‘Appeal 18-06 Records 18-308; 18-802; (GOVERNMENT 1-801; 17-023
Drainage 18-601; 18-902 18.309 aor \t02 17-803; 17-804,
Basements 18-201; 1-802 Regulating Rate of ‘Coss and expenses 1-402 1-808: 17-806:
Effecve Dac 18-816 Dischnege of ndustial Establishment 1401 17-807; 17-808;
Excavations 18-805, Wastes 16608 Penalties 1402 17-901; 17-1004;
Explosives 18-603 Remedies 18-814 Shade trees 1-401; 1-402 17-1009; 17-1003;
Fees (8.402; 18-503; Reotal units 18-502 “Tees 1402 Wetton, 11201;
18311; 18-812 Rentals and Charges 18502 Violations and penalties 17-1209; 17-1208;
Fingand Cleeingriews Reguremen Admting 1402 11409: 17-1403
for Sewer Reais or Industral Wastelnto" SHADE TREES SKATEBOARDS
Charges 18504 Sewer System 18-606 SHADE TREE See BICYCLES
Final plas 18.202 Restaurants 16.502 COMMISSION 1-401; SLAUGHTERHOUSES
lambs 18-603 Rodents 18-803 ata REALTY TRANSFER
Fuel 18-603, Roofs 18601; 18-902 ‘TREES 25-102; 25.103; "TAX 24-303
Garages 18-502 Sales 18-605; 18-801, 75-104; 25-105, SOLID WASTE 20-102
Garage, bi and ise 18-08 35-106; 25-108 SMOKE.
18803; 18-605, Schools 18-502 35-108; 25-110, ‘OPEN BURNING 7-102,
as 18-403, Septe tanks 18-303 35-112; 5.16,25-117 SEWERS AND SEWAGE
Gases 18-503 Serves Connections and ‘ee iso TREES DISPOSAL 18-801
Glass 18-608, Tine 18-403, SHEDS SMOKING
Grades and grading 18-403; Sevice stations 18,502 BUILDINGS 4-101 "TOBACCO 6.603
18.803. Severability 18-813 FLOODPLAINS 602 SNOW ANDICE.
Groundwater 18-801; SewerLaterl Ceriistes STORMWATER EMERGENCIES
18-802 est MANAGEMENT See EMERGENCIES
Harm Wastes 18-602 Sewers 18-101 18201; 17300; 17-€01 SNOWMOBILES
Hotels 18-502 18-202; 18-301; SHOPPING CENTERS ‘Alar systems 15.307
Indus wastes 18-101; 18:302! 18-303; ‘SOLID WASTE 20-102 All Other Reads Designated
T8301; 18305, 1-401; 18-403; SHRUBS 2 Snowmobile Roads
1-600! 18-603, 18404, 18-501; PARKS AND isos
18-606; 18-607; 18-502; 18-503; RECREATION 16-103 Borough Not to Be Held
18-608; 18-609 18-304; 18-601; ‘TREES 25101; 25-113 ‘able 15-312
Inspection sd Repair: 18602! 18-603; See diso TREES Consucton 15-301
Requirement 18810 1605! 18-606, SIDEWALKS, Costs and expenses 15-311
Iaspecton st Time of Sle 18.607 18-608; "ANIMALS 2-103 Definition 13301
1-808 1809; 18-801; BICYCLES 3-107; 5-110; Disorderly conduct 15-306,
Inspections 18-604 18-801; 1-800; 18-803; Sai) 15307
18-803; 1-804; {e-sod: 18-805; CONDUCT 6.101; 6302 Facms and famuing 15-301
18806: 18-807; 18-806; 18-807; LICENSES, PERMITS HEALTH AND SAFETY
1-808; 18.809; 18-808; 18-809, ‘AND GENERAL 10202; 10-204
183810; 18811 18.810; 18-811 BUSINESS Horses 15-308,
Large Garbage Graders Singlefaily dvelings REGULATIONS Lsbity 15-312
is 1.502 15-10}; 13-105; Motor vehicles 15-311
Liability 18-807 smoke 18-601 15-106; 13-201 MOTOR VEHICLES AND
eae and pris Special Agreement for LOITERING 6201 TRAFFIC 15-301\
18-804; 18-007 ‘Unusual aust MOTOR VEHICLES AND 15.313; 15-802
Liens 18-302; 18-304; Waste 18-607 TRAFFIC 15217; Noise 13307
18-607 Standards for Maiotenance 15218; 15-5081 pean by aos Under
Mantes 18-606 of Private Sewer OPEN BURNING 7-106, ‘Age 16 15309
Manure 18-603 Lateral 18-805, SOLID WASTE 20-103 Opetion of Snowmobile;
Motels 1-502 Stonge 1-603 STREETS AND Speed Limit 13-305
‘Natal or Artificial Storm sewers 13.203 SIDEWALKS21-101; Operation of Snowmobiles
‘Gverlow of Drainage ——_Stonmvater 18-501; 18-802; 21-102; 21-035, on Cerin Sweets
Wares 18601 18310 21-108; 21-106 21-202 Contates Disorderly
Notice 18308 ‘Sump pumps 18-001 See dito STREETS AND Conduct 18-306
Notes 16:30; 18-302; Surcharges 18-606; 18-609 ‘SIBEWALKS PARKS AND.
18305; 18-304; Surcharges and Changes in TOBACCO 6-60; 6.603 RECREATION 16-103,
18-501; 18-806, ‘Charges foeladustial TREES 25-102, 23.106 Penalties 1531
18-807; 18-812 Wastes 18-509 WATER 26-115, 26.202; Permited Hours of
Nuisances 18-605: 18-805; Tests 18-604; 18-801; 26.205 ‘Operation 15.308
16-806; 18-867; 18-810 1H-804; 18-606; 18-810 SIGNS Regisuation 13-310
Obstructions 18-608 ‘Time and Method of BUILDINGS 4-101; 4.206, Registration of
‘Oseason and Tane When Bement 1 0s 4-206; 4207 Snowmobiles 15310
Charges Begin 18-501 Toilet feites 18-101; MOTOR VEHICLES AND Roads Closed to
dors 18-603 18-502, 18-809 "TRAFFIC 15-104; ‘Sowmobie Usage
Paper 18-608, ‘oxi substances 18-603 15105; 15+i06: 13303
Penalties 18-701 Trees 18-609 15207 15213; Softy standards 15.309
Permission o Construct “Trenches 18403, 1524 15.218; Shownobie Reads
‘system 18-201 ‘es veins 15-5031: 13804; Designated 15-302
Pasties 18603 1850 15.703
Plumbing 18-807; 18-609 Uliies 18810 PARKS AND.
Pretreatment Factties Violations and Penalties TRECREATION 16-103
1-04 18-503; 18-701;
Prvies 1803 16807; 18-810; 18.813
15 12/11/2018
Page 379
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SHINGLEHOUSE INDEX
SNOWMOBILES...
SNOWMOBILES 1501; Reeling 2000; 20-20; STORM SEWERS (Coss and expenses 17-102;
15309; 15-303, 20-263 FLOODPLAINS 8602 17-301, 17-303;
15304, 15.305, See iso RECYCLING SEWERS AND SEWAGE 17-8004 17-1001;
15-306 15-307: ‘Restaurants 20-102 DISPOSAL 18-303 17-1208; 17-4404;
15-308; 15-309: Rodeats 20-104 STORMWATER 13-1402
15310 15312 Rules and Regulations MANAGEMENT Culverts 17-202: 17-301;
Speed limits 15.305 20-109. 17-10% 17-105; 17-401; 17501;
‘Unreasonable Noise Safety hazards 20-104 17-303; 17301, 13-04 17-702 17-703
Gonstites Disorderly Sale or Donation 20-205, 17-303; 17-701; Cuts 17-202; 17-701
Conduct 15-207, Sales 20-102; 20205 17-703; 1-703; Definitions 17202
Veet 15301; 15.311 Shopping czars 20-102 17-1301 Design Cntr for
‘Violations and peal Shor Tite 20-101 See Also STORMWATER, Stormwater
sail Sidewalks 20-103 MANAGEMENT ‘Management and
SOCIAL SECURITY Slaoghuhouts 20102 STREETS AND Drainage Fees
EARNED INCOME AND _Sandards and Regulations SIDEWALKS 21-201 17701
‘NET PROFITS TAX or Callecions 20-105 STORMWATER’ Design dant 17301;
24-401; 24-404 Standard fr Sorgeof FLOODPLAINS 8-803 Fa 17-802
SOIL, EROSION AND Sold Waste 20-108 SEWERS AND SEWAGE Downstream Hydraulic
SEDIMENT CONTROL Stonge 20.109; 20-06 DISPOSAL 18-801; ‘Capacity Analysis
‘See EROSION AND 107 18-802; 18.810 175703
SEDIMENT Trees 20-102 STORMWATER Drainage 17-103; 17.202;
CONTROL Vesors 20-102 MANAGEMENT 17301; 17303;
SOIL REMOVAL Velieles 20-102 703; 17-103; 17306175014
‘See DIRT Vesting of Ownership, 17-105; 17-108; 17-701 17-702)
SOLID WASTE, ‘Unauthorized 17-209! 17-301; 17-803 17-301;
‘Ac polltion 20-102 Colleton roibited 17-300! 17303; 17-1301; 17-1303;
‘Aluminum 20-201; 20-202; 2-208 17-304, 17306: 17-402
20-203; 20-204; 20-205 Violations and penalties, 17301; 17-601; Driveways 17-202; 17.302;
Asimals 20-102 20-102; 20-108; 11-704; 1-703; 7-301
‘Apartments 20-102 20-110; 20-111 17-703; 17-802; Dumps and dumping 17-501
‘Ailes 20-102 20-204 0.206 17-808; 17-501; Duty of Persons Engaged in
Borough Counet 20-109, Water 20-162; 20-103 17-1002: 17-1003; ihe Development of
Charges 20-106; 20-107; Wate supply 20-102 W711, 17-1103; Land 17-108
70-108 Yar 20-102 17-1301; 17-1308 Ema 17-802
Collection ndDisposs!_ «SPECIAL EXCEPTIONS —«STORMWATERCONTROL Easements 17-202; 17-301;
Charges 20-106 ‘OPEN BURNING 7-105 STORMWATER 17-301, 17-62;
Compliance With SPECIAL PERMITS MANAGEMENT 17-701; 17-8025
Apple Lavs See digo BUILDING 17-808; 17.501; 17-901; 17-1008;
2610 PERMITS 17-1002; 17-1003 17-1303; 17-1403
Componting 20-102; 20-103 FLOODPLAINS 801; STORMWATER Emergencies 17-202;
Garbe 202 8-602; 8608; 8604, ‘MANAGEMENT. Trot, 17-802
Definitions 20-102; 20-202 5-602; 902 ‘Abandonment 17-501 Emergency Management
Dispos 20-203 See dig LICENSES AND At cononng 7-130 ‘Reenay 17-262
Drainage 20-102 PERMITS ‘Altcaion fs 17-1303 Enerouchments 17-701
Dumps and dumping 20-102 SPEED LIMITS ‘mals 17-202 Enforcement 17-1202
Establishment 20-201 MOTOR VEHICLES AND Appeals 17-1206 Environmentally sensitive
Fees 20-106, "TRAFIC 15-201, ‘Applicbiiy 17-108 rent 17302
Fel 20-102 15-202; 15-203; 15.204 Adsessment® 17-308, Erosion and sodiment
Garbage, rubbish andrefuse PARKS AND 17.802 conto 17-102; 17-103;
20-102; 20-103, RECREATION 16-103 Autotizaton to Construct 17-202; 17-301;
20-105; 20-108; 20.203 _ SNOWMOBILES 15-303 ‘nd Term of Vali 1750817401;
See diso GARBAGE, STEEP SLOPES 11-307 17-60; 17-703; 17-802
RUBBISH AND STORMWATER Bieyeles 17-501; 17-701 Erosion and Sedimentation
REFUSE MANAGEMENT Blocks 17.802 Requirements During
Gases 20-102 17-50 17-802 Bonds 17-802 Earh-Dinturbanee
Glass 20-102; 20-201; STOP INTERSECTIONS Bridges 17-202; 17.301; ‘Activites 17-401
30-202; 20-208; MOTOR VEHICLES AND 17-501; 17-702; 17-703 ‘Exeavatons 17-202;
20-204; 20-205 "TRAFFIC [5-214 Brush, goss and weeds 17-304; 17301
Crass clippings 20-102 STORAGE. 1301; 17-701 Exemplions! Moifcations
Hizardous wastes 20-102 FLOODPLAINS 8.304; ‘Bute 1-202; 17-301; 17-302
Insees 20-108 $502; 8.503; 8504, 17-300; 17-306; Expenses Covered by Fees
aals 20-102, £502 1.304; 1-¢01; atid
Tat waste 20-102; 20-103 HEALTH AND SAFETY 17-6003 7.802! Fees 17-303; 17-805
Tense Requied 20-107 10-104 10-106; 17-1403 17-806 17-1003;
‘ceases and permits 10-108; 10-109, uid prt 701; 17-003; 17-1101;
20-102; 30-103; 20-107 10-200; 10-203; 08 170 17-1402
Magszioes 20-202 10.204; 10-206 Calculation Methodology eness 17-401; 17-701
Mining 20-102 MOTOR VEHICLES AND 17-702 Fil 17-301; 17-701;
Mobile homes 20-102 "TRAFFIC 15-604; Charges 17-1003; 17.1101 17-1363
Newspaper 20-202 Is-g I-07 15.802 Compatiity Wit Other tape Guan 17-001
Noles 30-108 SEWERS AND SEWAGE Requirements 17-108 Fre hydrants 47-1301
Nuisance 20-108 DISPOSAL 18-603 Condominfus 17-202 Food za areas 17-202;
Nusanees 20-102; 20-104, SOLID WASTE 20-102; Conservation dies 17-703
70-108 20-104; 20-107 17200; 17301; Fools 17.102 17.20%
(dors 20-102; 20-104 STORMWATER. 17-308; 17-401; 1-304; 17-303;
Paper 20-102; 20-203 MANAGEMENT 19-302: 17-803 17-303; 17301;
Penalties 20-111; 20.206 17-202; 17-304, Const 17-105; 17-603; 17-701;
Plastics 20-102 17306; 1740 17-202: 17-301; 17.802! 17-901
Prohibited Activities 0-103 17-701; 1-902; 17-802 17-303; 17-401, “loodways 17-202; 17-501;
Recyclable materials 204102 STORAGE TANKS, 17-501; 17-601; 17.802 C)
Recyelabes 20-201; FLOODPLAINS 8.503; 17-701 17-703, Garages 17-202; 17-401
20-207; 20-203, 8-902 17-802 17-1004; Garbage, rubbish and refose
20-204; 20.205 17-1203; 17-1400 1702
16 1211/2018
Page 380
--------------------
SHINGLEHOUSE INDEX
STORMWATER MANAGEMENT.
‘General Requirements Performance stendards Storage 17.202; 17.304, Wate sppy 17306
17301, 17-801 Pits: 17306, 11306, 17401; 730i; 17-802
Craderand grading 17-202; Poon 17-103; 17-202; 19-701; 17-7025 17802 Wateeourses 17-103;
17301; 17.302; 17301; 17-306, Sto seers 17-102; 17-202; 17-30);
17.50 17-701; 17-901 17-601; 1-703, T7t0s; 17-902; 19-301; 17-901; 17801
rievages 171206 17-1204; 17.1301, 1-301; 17-302; Wetlhea potetion 17306;
‘Groundwater 17102; Ponds 17-200; 17-401; 1-701; 17702: Tesch
17-103; 17.302; 17801; 17-701; 17.802 19-7085 17-130) Well 17-306; 17501;
17308; 17303, Preliminary plans 17-501 See dlvo STORM SEWERS 17-701, 17-802,
1730617701; Prohibited discharges, Somer 17-103; 17-108; Wetlands 17-202, 17-30;
17-1301 17301 T7105; 17-108; 17-302; 17-801;
Gueraiees 17-1003, Proiled Discord 17-2094 17301; 160k: 1-802;
‘Gusraties 17-110; 17-808; Conctons 17-1301 1.302: 17-303; 11301
7-100) Protected Watershed 1-304; 175306; witdite 17-202
‘Gutere 17-202; 17-701 ejurement 17-01 17-301; 1-601; STREET EXCAVATIONS
Hazardous mates and Publi Nuisance 17-1203, 17-70%, 17-703; ‘See EXCAVATIONS
“ubsances 17-306; Purpose 17-103 17-703; 17-803; STRIEET OPENINGS
T1301 Rate Cearals 17-305 17-806; 17-901; ‘See dlso EXCAVATIONS
Hazardous wastes 17-50] Record Drawings, 1.1002; 17-1003; STREET-TREES
HEALTH AND SAFETY ‘Compltion Cerificate 1ettor 17-1002: "TREES 25-103; 25-108;
10-107 ‘nu ial Tnspeecon 17-301; 17-1303) 25-105; 25-108, 25-115,
Height regulations 17-701 17-808 Stormiater contol 17-808; STREETLIGHTING,
Holding tans 17-701 Rosin of Approved 17.201; 17-1002; See dlio HGHTING
Tespoundment 1-202; ‘SWM Sit lan and 17-1003 STREETS AND.
17701 Related Agreements STORMWATER SIDEWALKS.
Inpeovernents 17-202; 17-1403. MANAGEMENT Assessments 21-104;
17-601; 17-1002; Records 17-303; 17-602; T7101, 17-103, 71-202; 21-203;
17-1402 1-302: 17807; Writs 17303: 21-a04: 21-208
Indust wastes 17202 tso8 17-901: 17-108; 17-110, Bonds 21-361
Tnspestons 17-802; 17-808; 17-1004; 17-1002; 17.202; 17-301 Bergh Coupe 21101;
17-801; 17-1001, 17-1003; 17-1301; 17.302: 173081 2102; 21-105;
17-foca; 17-1101; 171403 17.306; 17-305; 21-106: 21201; 21.208,
17-1302; 17-1402 Recreation areas 17-701 1-801; 17-701 Borough Engineer 21-201
Insurance 17202; 17-703 Repeater 17-108, ere2 1-802: Borough May De Work and
Intemet17-202 Reports 17-002 17-501: 19.803; 17-807 Collect Costs 21-103,
Tnteretton 17-201 T7701; 17-803; {P01 1-100; Borough Remedies for
Inverdpations 17-202 17.803; 17-604, 1etone: 17-1104; ‘ale Comply
opal 17-301 W803: 1-806: 17-1402 3-104
andsaping 17-701; 17-807, 17-808, ‘Sweet and sidewalks Borough Seretay 21-208
TOS 17-00; 17-1003; 7202 Bras grass and weeds
Lawns 17-501 1700s 17-1402 Sump pumps 17-1302 201
big 17-110 Resubmission of Suspension snd Revocation Colleton of Delinguent
ea and permits Disappoved SWM Sie af Agprovas or Permits Assessments of
17-108; Pra02; Plan od Report 17-806 in-tdoe frsaliments 21-204
1-401; 17-601; Right of Eatey 17-1102 Swing pool 17.130 Constuton 21-101;
17-804 17-807, Riparian Bute Easement -SWMSite Pan and Report “H-i0z;21-108;21-201
Urt0i; 17-1204 1602 “Cones 17-802 Conirution and
Liens 17-1003; 17-1101 Riparian Butler ‘sw Ste Plan and Report ‘Maintenance of
Tivestock 17-202 equierints 17-601 Review 17-504 Sidewals 21-101
ats 17-202; 17-50; Roof Drsins 171302 SWMSitePlen and Report Costs and expenses 21-103;
11008 Roofs 17-202; 17-301; Submision 17-805, 310i 21 203:
Mainlpaes Ageament fo 17801: 17-701; ess 17308 17-701; 31-306: 21-207
Privately Gumed 11302 17.502 See dito CROSSWALKS
Stormwater Facies Safety standards 17-102; Timber harvesting 17-202; Calvert 1-201
rrei003 17-103; 17-105; 401 ‘Gurbs 21-201; 21-206
Maintenance 1-110; 1-202; Trash racks 17-01 Drainage 21-20; 21-202,
‘Responsibilies 1301 17-302; “Trees 17-301; 17-302; Driveways 21-105; 21-201;
17-1002 1303: 17-701 17-501 17-601 31-308
Manhole 17-701 17-802; Schedule of Inspections Trenches 17.20231730%; ‘Fees 21-208
17-808; 17-901 at 17-701 Fili201
Meetings 17-501; 17-701; Sensitive Ares and ities 17-202; 17.401; Fun 2i-201
103; 17-1402 ‘Stormwater Hotspots 1760; 17-701; 17802 Gas 21-201; 21-206,
Mats 17802 17306 Vehicles 17301 Grades and reding 21-108;
Modification of lens Setbacks 17-300 Violations and penais 21-201 1-202
17303 Severability 17-107 ietiea: Tr ta0t; Guts 21-301
Municipal Lisbilty Sewers 17-602 17-1002 1-tatsi 17-1304; elgt regaltons 21-201
Disclaimer 17-110 Sheds 17-202 17-601 17-1205; 17-1402 Improvements 21-202
Municipal Review Fee Shortie 17-104 Volume Cones 17-304 "Beaba: 21-206
Tio} SHeplans (7-202; 17-301; Waivers 17-308, Installment Payment
‘Natur features 17-501 17-302; 17-701; Walls 7-701 Procedure 21-205
Natura resources 17-202; 17-801, 17-802; Wane 17-102; 17-103; Lawns 2202
17-501 17-803; 17-804; 17-104; 17-202; Liability 21-104
Notices 17-304; 17.306; 180s; 17-809: 1301 17302! ens 21-104; 21-207
17-1201; 17.1301 17-809; 17-808; 1.303! 17304 os 21-101
Nosiation 17-1201 17-501; 17-1004; 19301: 17-701; Manger of Assessment of
‘Nusances 17-1203; 17-1002; 17-1008; 1.802 17-1304 Work Costs 21202
i308 Hettot; 17-1201; Water quality 17-102; anil Mey Do Work
Otstrustons 17-301; 17-1209; 17-1204; 703; 17-108; Collect Cost
1701 ttao2! 17-1403 17-208! 1-301; bie
Paring 17-202; 17-501 Statement of Findings 17-300! 1-303; Notie Do Work 21-102
Pedestrians 17-501 Tie 17304; 17.306,
Pena 17-1208 eg Ahoy 17.108 1901; 1802
Steep slopes 17301; 17-802
17 12/11/2018
Page 381
--------------------
SHINGLEHOUSE INDEX
felicia wRraE | SHE mstan
cant wi mul Fe te
ewe PEO wditansan acta
‘Time Limit for Payment of POLICE PENSIONS 1-205 MANAGEMENT ‘Spacing Requirements
ee) Be ca tu speei re
ita eit “Eno Rane
TEe van = REM, “ORE Sen
ae got SE aad Bs
SURCHARGES TOBACCO 6:60; 6.603 2.116 25.107; 25-108;
—T— ‘TOPSOIL PROTECTION Distance From Cub, See dlso EXCAVATIONS
aguas, ERE Eerie otitis
‘See EARNED INCOME ‘See EXCAVATIONS Grievances 25-116 ‘TRUCK EXCLUSIONS
RONDE. nia SERS "SCRE
a
18 12/11/2018
Page 382
--------------------
SHINGLEHOUSE INDEX
LICENSES, PERMITS BICYCLES 3-103; 3.104 VOLUNTEER FIRE
—U— ‘AND GENERAL 3-105; 3-112; 3-113 FIGHTERS.
BUSINESS BUILDINGS 4-101; 4-103; See FIRE DEPARTMENT
UNDERGROUND REGULATIONS. 4-108; 4-108; 4.207;
STORAGE TANKS 13-104; 13-106, ‘42208 —Ww—
Seo STORAGE TANKS LOMTERING 6-202 CONDUCT 6-108; 6-108;
UNIFORM See Also MOTOR “6-106; 6-107;6-505° WAIVERS
‘CONSTRUCTION ‘VEHICLES DISCHARGE OF ‘BICYCLES 3.112
cope ‘MOTOR VEHICLES AND FIREARMS 6-404 LICENSES, PERMITS
See CONSTRUCTION ‘TRAFFIC 15.101; DISTURBANCE OF THE "AND GENERAL
‘CODES, UNIFORM 15-104; 15-105; PEACE 6-303; 6.304 BUSINESS.
urminies 15-106; 15-107; EARNED INCOME AND REGULATIONS
‘BUILDINGS 4-202; 4.203; 15-109; 15-201; ‘NET PROFITS TAX 13-203; 13.218,
4-205 15-202; 15-203; 24-405; 24-407; 24408 MOTOR VEHICLES AND
CODE ENFORCEMENT 15-205; 15-206; FLOODPLAINS 8-310; TRAFFIC 15-608
5-103 15-207; 15-208; 8-502 STORMWATER
FLOODPLAINS 8.304; 15-208; 15-210; HEALTH AND SAFETY MANAGEMENT
8-502; 8-508; 8-602; 15211 15-212; 6-111; 10-112; 17303
8.502, 152135 15-214; Uo-16; 10-117; WATER 26-208
LICENSES, PERMITS 15315) 15217; 10.205; 10.206; 10.207 WALLS
‘AND GENERAL (5218; 15-401; LICENSES, PERMITS BUILDINGS 4-101
BUSINESS 15403 15-403; "AND GENERAL FLOODPLAINS 8-502;
REGULATIONS 13-404; 15-301; BUSINESS. #5055602
13-201; 13-206; 15-502 15-5031; REGULATIONS HEALTH AND SAFETY
15-2095 15211; 13.216 15505; 15-506; 13-108; 13-108; 1-108
MOTOR VEHICLES AND 15-507; 15-308; 3213; B15; STORMWATER.
"TRAFFIC 15-602 15-508; 15-601; 13.218; 13-220; 13-022 MANAGEMENT
REALTY TRANSFER 15.602; 15-603; LOITERING 6-203; 6204 11-701
"TAX 24308 15-604; 15-605; MOTOR VEHICLES AND STREETS AND
SEWERS AND SEWAGE 15-606; 15-607; "TRAFFIC 15-104; SIDEWALKS 21-201
DISPOSAL 18-810 15-608; 15-608; 15-105; 15-106, WATER 26-205,
STORMWATER 152703; 13-708; 15-107; 15-201; WATER
‘MANAGEMENT 15.705; 15-801 15-803 15-202! 15-203; ‘Al Work Subject to
19-202; 17-401; PARKS AND 15-204 15-206; "Approval of Boough
1201; 17-701; 17-802 RECREATION 16-103 15-207; 15-208; ae
STREETS AND See dlzo RECREATIONAL 15210; 15.211; ‘Apartments 26-302
SIDEWALKS 21-201; VEHICLES 15213; 15.213; ‘Roplcstion for Permit
21-207 SNOWMOBILES 15-301; 15-214; 15-215; 26-103
‘TREES 25-107; 25-108 15311 15.216: 15-217; Approval of Eserow
UTILITY POLES SOLID WASTE 20-102 15-218; 15-401; “Account Cannection
LICENSES, PERMITS STORMWATER 15409; 15-403; Pemit 26-107
( "AND GENERAL ‘MANAGEMENT 154045 15-501; Attorneys fees 26-106
: BUSINESS i701 153095 15-408: Becktling 26.113
REGULATIONS STREETS AND 15-605: 15-608; Barscades 26115
15.309 SIDEWALKS 21-105, 15-704; 15-706; 15-807 Bonds 26-108
v-TURNS' VEHICLES ABANDONED OPEN BURNING 7-104 BUILDINGS 4-101
MOTOR VEHICLES AND See ABANDONED 7.106; 7-111; 7112 Charges 26-107; 26-203;
TRAFFIC 15211 VEHICLES PARKS AND. 53204; 26°205;
See ABANDONMENT RECREATION 16.108 26.206; 26.207;
Vv VEHICLES, ALL-TERRAIN PER CAPITA 24-104. 25.209; 26-301
‘See ALL-TERRAIN REALTY TRANSFER Charges Levied 26-301
VACANCIES ‘VEHICLES "TAX 24-314; 24-316 Ghurthes 26302
GANCTS 207; 26-209 VEHICLES, SEWERS AND SEWAGE ——_Casifeaton of Property
VACANTLOTS COMMERCIAL DISPOSAL 18-503; 26-302
‘CONDUCT 6-101 ‘See COMMERCIAL 1-701; 18-807; ‘Compensation 26-206
VARIANCES VEHICLES 18-810; 18-813 endiions of Servis and
SRNIMALS 2-111 VEHICLES, SHADE TREE ‘Connections 26202
PROOBEEAINS £-802 IMPOUNDMENT OF COMMISSION 1-402 Conetion With System
vectors ‘See IMPOUNDMENT SNOWMOBILES 15-311 “Through Other Than
‘See leo INSECTS VEHICLES, SOLID WASTE 20-102; Existing Means 26-105
ene RODENTS RECREATIONAL 20-108; 20-110, Construction 26-103;
SOLID WASTE 20-102 ‘See RECREATIONAL 30-111; 20-204; 20.206 26-106; 26-205; 26-209
VEHICLE WEIGHT VEHICLES STORMWATER Cosi snd expenses 26-101;
Lists VEHICLES, TOWING OF MANAGEMENT 36-103; 26-106;
MOTOR VEHICLES AND See TOWING 171102; 17-1201; 36-108; 25-109;
TRAPHIC 15401 VENTILATION 1751303; 17-1204, 26114 26-116;
veMcLss BUILDINGS 4-101, 17-1905; 17-1402 26.202; 26.205,
‘BICYCLES 3-101; 3-102; FLOODPLAINS 8.304 STREETS AND 26.206; 26207)
S08 AGEN BURNING 7108 Tags DEWARRS 21210 26-208; 26-209, 26-303
See dso COMMERCIAL RMIN -AXATION, Cubs 26-106; 26.262;
‘VEHICLES ‘BUILDINGS 4.101 24-203 26-205; 36-206; 36-207
CONDUCT 6-103 HEALTH AND SAFETY TOBACCO 6-602 Definitions and Classes of|
BISTURBANCE OF THE TO-104; 10-108; 10-201 TREES 25.117 Properties 26-201
PEACE ESOL VETERANS WATER 26-103; 26-114; Deposits 26-208,
See Also EMERGENCY MOTOR VEHICLES AND 26-116; 26-304, Digeontinance of Water
PLAINS 8-502; 26 Drainage 26-209
a ae ANIMALS 2108 VOLUNTEER FRE Driveways 26-10
- ND See Also ANIM EPAL Emergencies 26-205;
EAA bone VIOLATIONS AND ADMINISTRATION AND 209
10-203; 10.204 PENALTIES ‘GOVERNMENT I-I01 Escrow accounts 26-106;
ANIMALS 2-114; 2-115; See Ais FIRE 26.107
2G ZT DEPARTMENT Excavations 26-115; 26-205
19 ranin0i8
Page 383
--------------------
SHINGLEHOUSE INDEX
WATER...
ulussio Conse: 26-103 SOLID WASTE20-102; WATERCOURSES ‘See SPECIAL PERMITS
Foss 26-108; 26:107; 20-103 FLOODPLAINS #-204 -
26-108; 26205 Special Water Line 02; 501 8508;
Fire yarns 26-208; ‘Conexion Pent £202, $902
26209 Seu STORMWATER
Fir Proection 26.208 STORMWATER MANAGEMENT
Fiesze208 MANAGEMENT 1103; 17-20%
FLOODPLADSS 6.303; 17-103, 71035 Hr S01;
8304; 8503 808: elo 17-2025 eyo 17901
fsa 8-503 8-60 30h 1302: WEAPONS
Sou 130 1304, ‘See dito FIREARMS
rages 26-302 1701; 01: Ste dlto GUNS
Gis 85205 17-800 17-1304 PARKS AND
Geneat26-209 STREETS AND. RECREATION 16.103
Grades and gracing 26-205, SIDEWALKS21-201, WEEDS
Gaiters 26-208 21-206 See BRUSH, GRASS AND
ots 2600 Surcharges 26.204 WEEDS
Improvements 26-108 ‘enmats56113;26204, WEIGHT LIMITS
Inspection of Water Line eat See VEMICLE WEIGHT
Gomection 26-113 Tess 26113: 26.114 LiMirs
Inspection, 26111; 2641135 ‘0s; 2606 WELLHEAD
Se05, 2600) 26207 26208126209 |” PROTECTION
Lisbiy 26106,26105; Tole facies 2-201 STORMWATER
216208; 26309 602 MANAGEMENT
LICENSES, PERMs Tales 26201; 26-20 19-306, 17-501
‘AND GENERAL ‘TREES 25:107/25-109 WELLS.
BUSINESS rower clings BUILDINGS 4202; 4203;
REGULATIONS 2 “205
batt Unto io Obtin Water HEALTH AND SAFETY
Liens 26103; 26.114; From Other Sources 10-10?
"608 Ze102 STORMWATER
Mesings 26.202 ocanses 26.207, 6-209 MANAGEMENT
Meter 96-114, 25-201; Vises npn 19306, 17-501
“is-04 26.05, Bios; 26414 1.701 7-800
26-206 26207 26-209 26116 26.206 WATER 26-209
Mots 901; 26302 26208; 26207 WETLANDS
MOTOR VEHICLES AND 36.210; 26-508 STORMWATER
TRAFFIC 15216 Waivers 15:004 MANAGEMENT
Notizes 26101, 36-103; Wale 6-205 ipa03, 17-30,
36116, 26202, WATER 26-101; 26102; 11303; st:
2620836205, ‘ers: 26108 Trani 17-808 )
26-207; 26208 26-303 26-0s: 6.106 res0i {
OPEN BURNING 7-106 36-108 26108 WILD ANIMALS,
PARKS AND 36-108: 26.110 Seed ANIMALS
RECREATION 16.106 3610 26113, PARKS AND
Penles 26116526-210, 26:13: 26.114 RECREATION 16-103
26303 23ers: 26202 WILDLIFE
est Rogue 2-104 26203: 26208 STORMWATER
Phunber 35-209 3620s; 26206 MANAGEMENT
Pmbing 26.205 Beanies 1202
Propery Owner o Bese 26-095 26301
Gouts 26-109 ‘Watee Line Connection Fee —XYZ—
ate Collection snd Bling pat)
Procedures 6:04 ‘WatecLineCoonecons to YARD SALES
Record 04, 26206 ibebetred eT See SALES
Regitation26208;26-206 Waar mete 36-13; YARD WASTE
Resa unt 26302 Betta: 76208,26206 “SS Ao BRUSH, GRASS
equrementto Comectto Wer supply 36-205; ‘AND WEEDS
Water Sytem "16:06 26209 See dso ORASS
Bettie 32-101 Weis 26.269 Etivrines
Resaurants 26-302 Yards 2-110 See dso LAWNS
SislyMesures(o Be WATER METERS 5s dio LEAR WASTE
prevrnty WATER 26113;26-116, ‘OPEN BURNING 7-102
sate standards 26.115 2600s; 26-06 vans
Siles 6201 WATER POLLUTION BUILDINGS 4-101
Stole 26302 ‘Ste POLLUTION. HEALTH AND SAFETY
Seprate Water Line WATER QUALITY To.104 10-107
Conestiono Be StoRMWaTER SEWERS AND SEWAGE
Provided 6-110 MANAGEMENT DISPOSAL 16-802
serves Conmectons and e102, 1703: SOLID WASTE20-102
oes 20s {elo 17-202: WATER Zos1i0
eri sntons 26302 30 309: YIELD INTERSECTIONS
Seven 26205 26208 130 04 MOTOR VEHICLES AND
SEWERS ANB SEWAGE 17306, 17-01; 17-802 TRARC (3213
DISPOSAL TE-101; WATER SUPPLY ZONING HEARING
Tee 18-406 FLOODPLAINS 8-201, BORRD
{eso 18-60; 2503; 8-60%)6902 sar HBAILINOS
1b 8-01; SOLIDWASTE 0102 zoNING MANS
18-802 18-807 STORMWATER. See OFFICIAL MAP
XYZ, wethelheon, NOUN Eta dt RPSRE
3eans Tog 17801; 17-802 “CSP UILDING PERMITS
Single amily dvelings WATER 26 205;26206;" “See LICENSES AND
toate 16:09 PERMITS
20 1211/2018