Chapter 1 – Administration and Government

Part 1: Elected Officials and Meetings

A. Council Meetings.

§1-101.     Meetings.

1. Regular Meetings. The regular and stated meeting of Borough Council shall be held on the first Wednesday of each month at 7:30 p.m., prevailing time, in the municipal building located at Eighth and Main Streets, in the Port Royal Borough.

2. Special Meetings. Special meetings and/or rescheduled meetings of said Council shall be held whenever necessary. Due notice will be given accordingly.

3. conduct of Meetings. All meetings of the Council of the Borough of Port Royal, County of Juniata, Commonwealth of Pennsylvania will be conducted in accordance with Act No. 175, approved the nineteenth day of July, A.D. 1974, as amended.

(Ord. 1975-1, 1/2/1975, § 1-3; as amended by Ord. 2003-02, 12/3/2003, § 1)

B. Compensation of Councilmen and Mayor.

§1-111.     Short Title.

This part shall be known and cited as the “Borough Councilmen/Mayor Compensation Ordinance.”

(Ord. 1987-1, 12/3/1987, §1)

§1-112.     Purpose.

This Part is enacted for the purpose of providing and fixing compensation for Councilmen and the Mayor of the Borough of Port Royal, Juniata County, Pennsylvania.

(Ord. 1987-1, 12/3/1987, §2)

§1-113.     Compensation

1. Council Member.

A. Each Council Member of Port Royal Borough who takes office or is appointed on or after January 6, 1997, shall receive compensation at the rate of $525 per calendar year to e paid in quarterly installments; provided, said Council Member attends 11 duly advertised regular or special public Council meetings.

B. Each Council Member of Port Royal Borough who takes office or is appointed on or after January 6, 1997, who attends less than 11 Council meetings each calendar year shall receive compensation at the rate of $43.75 for each meeting attended to be paid in quarterly installments.

2. Mayor. The Mayor of Port Royal who takes office or is appointed on or after January 6, 1997, shall receive compensation at the rate of $750 per calendar year to be paid in quarterly installments.

(Ord. 1987-1, 12/3/1987, §3; as amended by Ord. 1997-1, 1/8/1997, §1)

Part 2: Planning Commission

§1-201.     Commission Established.

A planning Commission is hereby established for the Borough of Port Royal as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Said Commission hereby established shall hereafter be known as the “Port Royal Planning Commission”.

(Ord. 1975-4, 12/4/1975, §1)

§1-202.     Composition of Commission.

The Port Royal Planning Commission shall consist of seven persons who shall be residents of this Borough. Said members shall serve without compensation, but may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties.

(Ord. 1975-4, 12/4/1975, §2; as amended by Ord.1976-12, 12/16/1976, §1)

§1-203.     Term of Membership.

All members shall be appointed by resolution of the Borough Council, the term of each member shall be for 4 years or until his successor is appointed and qualified, except that the terms of the members first appointed, no more than two shall be reappointed or replaced during any future calendar year.

(Ord. 1975-4, 12/4/1975, §2; as amended by Ord.1976-12, 12/16/1976, §2)

§1-204.     Powers and Duties.

The powers and duties of the Planning Commission shall include, but may not necessarily be limited to, those powers and duties as set forth in Act 247 of 1968, as amended and referred to in 53 P.S. §10101 et seq.

(Ord. 1975-4, 12/4/1975, §4)

Part 3: Police Department

§1-301.     Accident Reports.

1. Accident reports completed by the Port Royal Borough Police Department shall be available only to persons authorized by §3761(b) of the Pennsylvania Vehicle Code ad shall include only persons involved in the accident, their attorney or insurer, the Federal Government, branches of the military service, Commonwealth agencies, officials of political subdivisions and agencies of other States and nations and their political subdivisions.

2. Accident reports shall be produced to the aforesaid individuals and entities only under the following conditions:

A. Written application therefor shall be made on a form, a copy of which is attached hereto. ^1

B. Said form shall be accompanied by a check made payable to Port Royal Borough in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 2003-02, 12/3/2003, §4]

(Res. 2001-3, 7/11/2001; as amended by Ord. 2003-02, 12/3/2003, §1)

^1 – Editor’s Note: Application form is available at the Municipal building.

Chapter 2 – Animals

Part 1: Keeping of Certain Animals

§2-101.     Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

ANIMAL – any domestic animal or fowl, any wild animal or any household pet.

DOMESTIC ANIMAL – any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet.

HOUSEHOLD PET – any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.

PERSON – every natural person, firm, partnership, association, other form of unincorporated enterprise owned by two or more persons or corporations. Whenever used in any subsection prescribing and imposing a penalty, or both, the terms “person” when applied to firms, partnerships, or associations shall mean the partners or members thereof and when applied to corporations, the officers thereof.

WILD ANIMAL – any animal, including mountain lions, bears, tigers, deer, snakes, birds or any other bird, fowl, reptile not normally or ordinarily domesticated, not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes or not capable of being kept as a household pet.

2. In this Part, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine.

(Ord. 1999-3, 6/2/1999, §1)

§2-102.     Certain Animals Prohibited.

It shall be unlawful for any person to keep any cows, horses, sheep, goats, pigs, hogs, swine, chickens, or turkeys at any place within the Borough of Port Royal except as provided in this Section.

A. Animals may be present within the Borough of Port Royal during the annual Juniata County Fair; provided, the keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large and such enclosure shall be of a size and construction conducive to the animals’s health and adequate sanitary drainage facilities shall be provided.

B. Animals may be present within the Borough of Port Royal during properly scheduled events at the Juniata County fairgrounds including, but not limited to, horse shows; provided the keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large and such enclosure shall be of a size and construction conducive to the animals health and adequate sanitary drainage facilities shall be provided.

C. Animals may be present within the Borough of Port for any scheduled agricultural event or parade; provided, every keeper of any animal shall cause the litter and droppings  therefrom  to be collected promptly in a container or receptacle that when closed shall be rat proof and fly-tight and after every such collection shall cause such container or receptacle to be kept closed and properly disposed.

(Ord. 1999-3, 6/2/1999, §2)

§2-103.     Household Pets.

It shall be unlawful for any person to keep any household pet, except as provided in this Section:

A. If any such pet shall be kept dwelling owned or occupied by its owner such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there and as to sanitation, to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.

B. If any such pet shall be kept in an enclosure outside such dwelling, the provision of §2-102 of this Part, insofar as the same applies to small animals, shall be applicable to the keeping of such household pet.

(Ord. 1999-3, 6/2/1999, §3)

§2-104.     Noise Disturbances.

It shall be illegal within the Borough of Port Royal for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or  incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any tie of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird. This provision shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.

(Ord. 1999-3, 6/2/1999, §4)

§2-105.     Violation of State Law.

Any violation of this Part that would also violate any State law shall be prosecuted under that State law and not under this Part.

(Ord. 1999-3, 6/2/1999, §5)

§2-106.     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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 1999-3, 6/2/1999, §6; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Animal Defecation

§2-201.     Definition.

For the purposes of this Part, the term “domestic animal” includes, but is not limited to, dogs cats, and horses.

(Ord. 2003-02, 12/3/2003, §1)

§2-202.     Animal Defecation on Public and Private Property Restricted.

No person having possession, custody, or control of any domestic animal, shall knowingly, or negligently permit any domestic animal to commit any nuisance, i.e., defecation upon the gutter, street, driveway, alley, curb, or sidewalk in Port Royal Borough, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs, or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such domestic animal.

(Ord. 2003-02, 12/3/2003, §1)

§2-203.     Disposal of Animals Feces.

Any person having possession, custody, or control of any domestic animal animal which commits a nuisance, i.e., defecation, in any area other than the private property of the owner of such domestic animal, as prohibited in §2-202, shall be required to immediately remove any feces from such surface an either:

A. Carry same way for disposal in a toilet; or

B. Place same in a non-leaking container for deposit in a trash or litter receptacle.

(Ord. 2003-02, 12/3/2003, §1)

§2-204.     Dogs Accompanying Blind or Handicapped Persons Exempted.

The provisions of §2-202 §2-203 hereof shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.

(Ord. 2003-02, 12/3/2003, §1)

§2-205.     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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 3 – Bicycles

(Reserved to Accommodate Future Enactments)

Chapter 4 – Buildings

Part 1: Numbering of Buildings

§4-101.     Building Numbers.

It shall be the duty of each and every owner, trustee, and/or agent of each house and/or building within the limits of the Borough of Port Royal, Juniata County, Pennsylvania (the word house and/or building as used in this Part means any structure used or intended to be used as a dwelling, place of business, industry, public building, or place of worship, which fronts on public street, alley, or highway, but shall not include any accessory building located upon such lot where there is also a main building) shall number the same at his or her own expense in such manner and within such time as hereinafter is in accordance with this Part and the system and plan hereby adopted and approved.

(Ord. 1975-3, 4/3/1975, §1)

§4-102.     Regulation.

On and after the passage of this Part the numbers shall be placed in a conspicuous place on every house ad/or building in a conspicuous manner so that said number can be readily seen and read from the sidewalk in front of said building, in full view from the opposite side of the street. The numbers shall be Arabic numerals and shall be of metal or enamel, at least 3 inches in height. The color shall be in contrast with the immediate background. It shall be unlawful to cover any house and/or building when a new number and all old numbers shall be removed from any house and/or building when a new number has been assigned and when so notified by the Secretary of Council is hereby authorized to require the numbering and renumbering of any house and/or building in accordance with this Part.

(Ord. 1975-3, 4/3/1975, §2)

§4-103.     Numbering System.

The system of determining the numbers assigned to every house/or building withing the limits of the Borough of Port Royal, Juniata County, Pennsylvania, shall be as follows:

A. Streets, alleys, and highways extending north and south:

(1) Market Street and the Norfolk  Southern Railroad shall be the line beginning for the numbering of every house and/or building on all parallel streets, alley, or highways extending south to the Borough line, odd numbers to be assigned to every house and/or building situated on the east side of said streets, alleys, or highways  extending south and even numbers to be assigned to every house and/or building situated on the west side of said streets, alleys, or highways extending south.

B. Streets, alleys, or highways extending east and west:

(1) First Street from Milford Street extending east to the Borough line, odd numbers to be assigned to every house  and/or building situated on the north side of First Street and even numbers to be assigned to every house and/or building situated  on the south of First Street.

(2) Market Street shall be the dividing line between east and west. Market Street and Second street shall be the line of beginning for numbering of every and/or building on all streets, alleys, or highways parallel to Second Street  and extending east and west to the Borough  line/ Streets east from Market Street, odd numbers to be assigned to every house and/or building situated on the north side and even number to be assigned to ever house and/or building situated on the south side of said streets, etc. Streets west from Market Street, odd numbers to be assigned to every house and/or building situated on the south side and even numbers to every house and/or building situated on the north side of said streets, etc.

(3) This procedure applies to all streets, alleys, or highways in the Borough of Port Royal and those hereafter taken in by the Borough of Port Royal.

(Ord. 1975-3, 4/3/1975, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-104.     Assignment of Numbers.

1. The assignment of numbers to every house and/or building in accordance with the provisions of this Part shall be under the direction and control of the Borough Council and shall proceed at once after the passage of this Part.

2. All members assigned in accordance with the provisions of this Part shall be available only to the owners, trustee, and/or agent of the house and/or building upon application to the Borough Council.

(Ord. 1975-3, 4/3/1975, §4)

§4-105.     Penalties.

1. Fines. Any owner, trustee, and/or agent who fails to place on his or her house and/or building the number assigned by the Borough Council to such house and/or building or any person or persons who shall number or attempt to number any house and/or building contrary to this Part and the plan hereby approved and adopted or who shall alter, deface, remove, or destroy any number required to be displayed by this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

2. Any owner, trustee, or agent, or person who shall fail or neglect to erect their house and/or building number in accordance herewith, withing 30 days after formal notification, in writing, by the Borough Secretary, at the direction of the Borough Council shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

3. Placement of Numbers by Borough. In addition to the fine herein provided, if any owner, trustee, or agent of a house and/or building shall fail within 90 days after the effective date of this Part to place thereon the number assigned thereto under the provision of this Part, the Borough Council shall have placed such number thereon and all costs of placing such number thereon shall be certified to the Borough Solicitor who shall enter the same as lien against the premises in the Court of Common Pleas of Juniata County, Pennsylvania, which shall be collectible in the same manner as other municipal claims are collectible or, in lieu thereof, the Borough Solicitor may bring an action in assumpsit in the name of the Borough of Port Royal against such owner, trustee, or agent to recover the costs of placing such number.

(Ord. 1975-3, 4/3/1975, §5; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Nuisances and Dangerous Structures

§4-201.     Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BUILDING – an independent structure having a roof supported by columns or walls resting on its own foundation and includes dwelling, garage, 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 33% of the supporting member or members, or damage or deterioration to 50% of the non-supporting 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 utterly fail to provide the amenities essential to decent living that they are unfit 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.

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.

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.

B. Shall have charge, care, or control of any 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 regulation adopted pursuant thereto, to the same extent as if he were the owner.

PERSON – any individual, firm, corporation, association, or partnership, or other legal 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 contrued as though they were followed by the words “or any part thereof”.

§4-202.     Dangerous Buildings Declared Nuisances.

All dangerous buildings within the terms of §4-201 of this Part are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-203.     Standards for Repair, Vacation, or Demolition.

The following standards shall be followed in substance by the Code 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 Code Enforcement Officer. The Code Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action were 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, he 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.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-204.     Duties of Code Enforcement Officer.

1. The Code 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 §4-201 above.

2. Whenever an inspection discloses that a dwelling, building, or structure has become a public nuisance, the Code Enforcement Officer shall issue a written notice to the person or persons responsible therefor. the notice:

A. Shall be in writing.

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:

(1) 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 shall 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 provision of this Part and with the rules and regulations adopted of dangerous buildings.

3. Appear at all hearings conducted by the Borough Council and testify as to the condition of dangerous buildings.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-205.     Hearings.

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 Borough Council; provided, that such person shall file with the Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the day the notice was served. Upon receipt of such petition, the Borough Secretary 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 30 days after the day on which the petition was filed.

2. After such hearing the Borough Council shall sustain, modify or withdraw the notice. If the Borough Council sustains or modified such notice, it shall be deemed to be an order. Any notice served pursuant to this part shall automatically  become an order if a written petition for a hearing is not filed with the Borough Secretary within 10 days after such notice is served.

3. Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Judicial Code, title 42, Pa. C.S.

(Ord. 76, 7/26/1962, §5; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-206.     Removal of Notice Prohibited.

No person shall remove or deface the notice of dangerous building, except as provided in §4-203(C) of this Part.

(Ord. 76, 7/26/1962, §6; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-207.     Emergency Cases.

Whenever the Code Enforcement Officer finds than 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 Code 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 Code 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.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

§4-208.     Abatement by Borough.

If the owner, occupant, mortgagee or lessee fails to comply with the order of the Code Enforcement Officer within the time specified in the notice issued by him and no petition for a hearing is file within 10 days thereafter, or following a hearing by the Borough Council where the order is sustained thereby, the Code Enforcement Officer shall cause such building or structure to be repaired, vacated, or demolished, as determined by the Borough Council in accordance with 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 or the Borough may seek injunctive relief in a court of competent jurisdiction pursuant to the Rules of Civil Procedure.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

§4-209.     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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

Part 3: Floodplains

A. General Provisions.

§4-301.     Intent.

The intent of this Part 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 subject to flooding.

(Ord. 1971-1, 11/3/1977, Art I, §101)

§8-102.     Applicability.

1. It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough unless an approved building permit has been obtained from the Building Permit Officer.

2. A building permit shall not be required for minor repairs to existing buildings or structures; provided that no structural changes or modifications are involved.

(Ord. 1971-1, 11/3/1977, Art I, §101)

B. Administration.

§4-311.     Issuance of Building Permit.

1. The Building Permit Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other codes and ordinances.

2. No building permit shall be issued until all other required permits have been obtained from any other office or agency.

(Ord. 1971-1, 11/3/1977, Art II, §2.01)

§4-312.     Application Procedures.

1. Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Borough. Such application shall contain at least the following:

     A. Name and address of applicant.

     B. Name and address of owner of land on which proposed construction is to occur.

     C. Name and address of contractor.

     D. Site location.

     E.Proposed lowest floor and basement elevations in relation to mean sea level.

     F. Brief description of proposed work and estimated cost.

     G. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

2. If any proposed construction or development is located within, or adjacent to, any identified flood prone area, applicants for building permits shall also provide the following specific information:

     A. A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood prone development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:

          (1) All such proposals are consistent with the need to minimize flood damage.

          (2) All utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage.

          (3) Adequate drainage is provided so as to reduce exposure to flood hazards.

     B. Such plan shall also include existing and proposed contours, information concerning 100 year flood elevations, velocities, and other applicable information such as pressure impact and uplift forces, associated with the 100 year flood, size of structures, location, and elevations of streets, water supply, and sanitary sewage facilities, soil types, and flood-proofing measures.

     C. A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100 year flood elevations, pressures, velocities, impact, and uplift forces and other hydro-static, hydrodynamic, and buoyancy factors associated with the 100 year flood. Such statement shall include a  description of the type and extent of flood proofing measures which have been incorporated into the design of the structure.

(Ord. 1971-1, 11/3/1977, Art II, §2.02)

§4-313.     Other Permit Issuance Requirements.

Prior to the issuance of any building permit the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by State and Federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, Dam Safety and Encroachments Act, and the Federal Water Pollution Control Act amendments of 1972, §404, 33 U.S.C. §1334. No permit shall be issued until this determination has been made.

(Ord. 1971-1, 11/3/1977, Art II, §2.03; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-314.     Changes.

After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Building Permit Officer.

(Ord. 1971-1, 11/3/1977, Art II, §2.04)

§4-315.     Placards.

In addition to the building permit, the Building Permit Officer 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 building permit, the date of its issuance, and be signed by the Building Permit Officer.

(Ord. 1971-1, 11/3/1977, Art II, §2.05)

§4-316.     Start of Construction.

Work on the proposed construction shall begin within 6 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the fire permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does no include land preparation, land clearing, grading, filling, excavation for 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. All construction covered by any issued permit shall be completed within 1 year of the date construction started.

(Ord. 1977-1, 11/3/1977, Art II, §2.06)

§4-317.     Inspection and Revocation.

During the construction period, the Building Permit Officer or other authorized official my inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. In the event the Building Permit Officer 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 Building Permit Officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.

(Ord. 1977-1, 11/3/1977, Art II, §2.07)

§4-318.     Fees.

Applications for a building permit shall be accompanied by a fee, payable to the Borough, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer in as amount to be established, from time to time, by resolution of Borough Council.

(Ord. 1971-1, 11/3/1977, Art II, §2.08; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-319.     Enforcement.

1. Notices. Whenever the Building Permit Officer or other authorized Borough representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing, include a statement of the reasons for its issuance, allow a reasonable time for the performance of any act it requires, 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 or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State, contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part or any part thereof and with the regulations adopted pursuant thereto.

2. Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough Council; provided, that such person shall file with the Borough Secretary, a written petition requesting such hearing and setting fort a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request  for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Secretary 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 shall be modified or withdrawn. The hearing shall be commenced upon application of the petitioner, the Borough Secretary may postpone the date of the hearing for a reasonable time beyond such 10 day period  when, in his judgement, the petitioner has submitted good and sufficient cause for such postponement.

3. Findings and Order. After such hearing the Borough Council shall make findings as to compliance with the provisions of this Part and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice which shall be served as provided in subsection (1) of this Section.

4. Record and Appeals. The proceedings at such hearing, including the findings and decision of the Borough Council and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by a decision of the Borough may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.

5. Penalties. Any person, firm, or corporation who fails to comply with nay or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the Borough shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of or noncompliance with this Part shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered, or relocated[ in noncompliance with this Part may be declared by the Borough Council to be a public nuisance and abatable as such. [Ord. 2003-02, 12/3/2003, §1]

(Ord. 1971-1, 11/3/1977, Art II, §2.11; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-320.     Appeals.

1. Any person aggrieved by an action or decision of the Building Permit Officer or by any of the requirements of this Part may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Permit Officer. Upon receipt of such appeal, the Borough Council shall set a time and place, within not less than 10 nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing the appeal shall be given to all parties, at which time they may appear and be heard.

2. Any person aggrieved by any decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.

(Ord. 1971-1, 11/3/1977, Art II, §2.12)

§4-321.     Activities Requiring Special Permits.

1. The provisions of this Section shall be applicable, in addition to any other applicable provisions of this Part or any other ordinance, code, or regulation.

2. Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Floodplain Management Act (ACt 1978-166 ) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted are permitted only be special permit, if located partially or entirely within any identified floodplain area: [Ord. 2003-02, 12/3/2003, §2]

     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.

          (3) Jails or prisons.

     B. The commencement of or any construction of a new mobile home park or mobile home subdivision or substantial improvement to an existing mobile home park or mobile home subdivision.

3. Application Requirements. Applicants for special permits shall provide five copies of the following items:

     A. A written request, including a completed building permit application form.

     B. A small scale map showing the vicinity in which the proposed site is located.

     C. A plan of the entire site, clearly and legibly drawn at a scale of 1 inch being equal to 100 feet or less, showing the following:

          (1) North arrow, scale, and date.

          (2) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of 2 feet.

          (3) All property and lot lines, including dimensions and the size of the site expressed n acres or square feet.

          (4) The location of all existing streets, drives, other access-ways, and parking areas with information concerning widths, pavement types, and construction and elevations.

          (5) The location of any existing bodies of water or watercourses, buildings, structures, and other public or private facilities, including railroad tracks and facilities and any other natural and manmade features affecting, or affected by, the proposed activity or development.

          (6) The location of the floodplain boundary line, information and spot elevations concerning the 100 year flood elevations and information concerning the flow of water, including direction and velocities.

          (7) The location of all proposed buildings, structures, utilities, and any other improvements.

          (8) Any other information which the Borough 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:

          (1) 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.

          (3) Complete information concerning flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the 100 year flood.

          (4) Detailed information concerning any proposed flood-proofing  measures.

          (5) 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 access-ways, including existing and proposed grades.

          (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:

          (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 adequately designed to protect against damage from the 100 year flood.

          (3) A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100 year 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 description of the effects the proposed development will have on 100 year flood elevations and flows.

          (5) A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100 year flood elevation and the effect such materials and debris may have on 100 year flood elevations and flows.

          (6) The appropriate component of the Department of Environmental Protection’s “Planning Module for Land Development”. [Ord. 2003-02, 12/3/2003, §1]

          (7) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement 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 302 of Act 1978-166. [Ord. 2003-02, 12/3/2003, §1]

          (9) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100 year flood.

4. Application Review Procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:

     A. Within 3 working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded 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 Borough Planning Commission and Borough Engineer for review and comment.

     B. If an application is received that is incomplete , the Borough shall notify the applicant, in writing, of the reasons for the disapproval.

     C. If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

     D. If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered mail within 5 working days after the date of approval. [Ord. 2003-02, 12/3/2003, §1]

     E. Before issuing the special permit, the Borough shall allow the Department of community and Economic Development 30 days, after receipt of the notification  by the Department, to review the application and the decision made by the Borough. [Ord. 2003-02, 12/3/2003, §1]

     F. If the Borough does not receive any communication from the Department of Community and Economic Development during the 30 day review period, it may issue a special permit to the applicant. [Ord. 2003-02, 12/3/2003, §1]

     G. If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval and the Borough shall not issue the special permit. [Ord. 2003-02, 12/3/2003, §1]

5. Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply:

     A. 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:

          (1) 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, located, and constructed so that:

               (a) The structure will survive inundation by waters of the 100 year flood without any lateral movement  or damage to either the structure itself of to any of its equipment or contents  below the 100 year flood elevation.

               (b) The lowest floor elevation (including basement) will be at least 1 and a 1/2 feet above the 100 year flood elevation.

               (c) The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100 year flood.

         (2) Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.

     B. All hydro-logic 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 allow a thorough technical review by the Borough and the Department of Community and Economic Development. [Ord. 2003-02, 12/3/2003, §1]

6. Within any identified floodplain area any structure of the kind described in subsection (2) above shall be prohibited within the areas measured 50 feet landward from the top-of-bank of any watercourse.

7. Except for possible modification of the free-board requirement involved, no variance shall be granted for any of the other requirements of this Section.

(Ord. 1971-1, 11/3/1977, Art II, §2.11; as amended by Ord. 1985-11, 12/5/1985, §2; and by Ord. 2003-02, 12/3/2003, §1)

C. Identification of Flood Prone Areas.

§4-331.     Identification.

1. For the purposes of this Part, the areas considered to be flood prone within the Borough shall be those areas identified as being subject to the 100 year flood in the flood insurance study prepared for the Borough by the Federal Insurance Administration.

2. A map showing all areas considered to be flood prone is available for inspection at the Borough offices. For the purposes of this Part, the following nomenclature is used in referring to the various kinds of flood prone areas:

     A. FW (Floodway Area). The areas identified as “floodway” in flood insurance study prepared by the Federal Insurance Administration (FIA).

     B. FF (Flood Fringe Area). The area identified as “floodway fringe” in the flood insurance study prepared by the FIA.

(Ord. 1977-1, 11/3/1977, Art. III, §3.00)

§4-332.     Changes in Identification of Flood Prone Areas.

1. The areas considered to be flood prone may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need or possibility for such revision.

2. No modification or revision of any identified as being flood prone in the flood insurance study prepared by the Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration.

(Ord. 1977-1, 11/3/1977, Art. III, §3.01)

§4-333.     Disputes.

Should a dispute arise concerning the identification of any flood prone area, an initial determination shall be made by the Building Permit Officer and any aggrieved by such decision may appeal to the Borough Council. The burden of proof shall be on the appellant.

(Ord. 1977-1, 11/3/1977, Art. III, §3.01)

D. Technical Provisions.

§4-341.     General.

1. 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 and until all required permits or approvals have been first obtained from the Commonwealth. In addition, the Federal Insurance Development shall be notified prior to any alteration or relocation of any watercourse. [Ord. 2003-02, 12/3/2003, §1]

2. Where a flood prone area has been identified which includes a floodway area, the following provisions apply:

     A. Within any designated floodway (FW) area, no new construction, development, use, activity, or encroachment of any kind shall be allowed, except where the effect of such proposed activity on flood heights if fully offset by accompanying improvements.

     B. Within any designated flood fringe (FF) area, new construction, and other development, uses and activities shall be allowed; provided, that they are undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances, and regulations.

(Ord. 1977-1, 11/3/1977, Art IV, §4.00; and by Ord. 2003-02, 12/3/2003, §1)

§4-342.     Elevation and Floodproofing Requirements.

1. Residential Structures. Within any FW or FF area, the lowest floor ( including basement) of any new or improved residential structure shall be at least 1 and 1/2 feet above the 100 year flood elevation.

2. Nonresidential Structures.

     A. Within any FW of FF are, the floor (including basement) shall be at least 1 and 1/2  feet above the 100 year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

     B. Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled “Floodproofing Regulations” (U.S. Army Corps of Engineers, June, 1972) or some other equivalent standard for that type of construction.

(Ord. 1977-1, 11/3/1977, Art IV, §4.01)

§4-343.     Design and Construction Standards.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood prone area:

     A. Fill. If fill 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 1 vertical to 2 horizontal unless substantiated data justifying steeper slopes are submitted to and approved by the Building Permit Officer.

          (5) 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 surface waters without damage to persons or property. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

     C. Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems)  shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

     D. Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damages.

     E. Streets. The finished elevation of proposed new streets shall be nor more than 1 foot below the regulatory flood elevation.

     F. Utilities. All utilities such as gas lines, electrical, and telephone systems being placed in flood prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

     G. Storage. No materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life shall be stored below the regulatory flood elevation.

     H. 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 flood water.

     I. Anchoring.

          (1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

          (2) All air duct, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

     J. Floor, 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, perpendicular 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 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 material.

     K. Paints and Adhesives.

          (1) Paints and other finishes used at or below the regulatory flood elevation shall be made of a “marine” or “water resistant” quality.

          (2) Adhesives used at or below the regulatory flood elevation shall be made of a “marine” or “water resistant” quality.

          (3) All wooden components (doors, trim, cabinets, etc.) shall be finished with a “marine” or “water resistant” paint or other finishing material.

     L. Electrical Systems and Components.

          (1) Electric water heaters, furnaces, air conditioning, and ventilating systems and other electrical equipment or apparatus shall not be located below the regulatory flood elevation.

          (2) Electrical distribution panels shall be at least 3 feet above the 100 year flood elevation.

          (3) Separate electrical circuits shall serve lower levels and shall be dropped from above.

     M. Plumbing.

          (1) Water heater, furnaces, and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.

          (2) No part of any onsite sewage disposal system shall be located within any identified flood prone area.

          (3) Water supply systems and sanitary sewage systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters.

          (4) All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provision shall be made for the drainage of these systems in the event that flood water infiltration occurs.

(Ord. 1977-1, 11/3/1977, Art IV, §4.02)

§4-344.     Special Requirements for Mobile Homes.

1. All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the National Standards Institute and National Fire Protection Association Standards as specified in Standard D for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975))

     A. Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length and one additional tie per side for units less than 50 feet in length.

     B. Frame ties shall be provided at each corner of the mobile, with five additional ties per side at intermediate location for units 50 feet or more in length four additional ties per side for units less than 50 feet in length.

     C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

2. All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:

     A. The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the elevation of the regulatory flood.

     B. Adequate surface drainage is provided.

     C. Adequate access for a hauler is provided.

     D. Where pilings are used for elevation, the lots shall be large enough to permit steps, piling foundations shall placed in stable soil no more than 10 feet apart, reinforcement shall be provided for pilings that will extend for 6 feet or more above the ground level.

3. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks and mobile home subdivisions, where appropriate.

4. No mobile home shall be placed in any designated flood-way area.

(Ord. 1977-1, 11/3/1977, Art IV, §4.03)

§4-345.     Development Which May Endanger Human Life.

1. The provisions of this Section shall be applicable, in addition to any other applicable provisions of this Part or any other ordinance. code, or regulation.

2. In accordance with the Pennsylvania Floodplain Management Act and the regulations 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 used for the production or storage of any of the following dangerous materials or substances, 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, 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 following list of materials and substances are considered dangerous to human life:

[Ord. 2003-02, 12/3/2003, §1]

     A. Acetone.

     B. Ammonia.

     C. Benzene.

     D. Calcium carbide.

     E. Carbon disulfide.

     F. Celluloid.

     G. Chlorine.

     H. Hydrochloric acid.

     I. Hyrdocyanic acid.

     J. Magnesium.

     K. Nitric acid and oxides of nitrogen.

     L. Petroleum products (gasoline, fuel oil, etc.)

     M. Phosphorus.

     N. Potassium.

     O. Sodium.

     P. Sulfur and sulfur products.

     Q. Pesticides (including insecticides, fungicides, and rodenticides).

     R. Radioactive substances, insofar as such substances are not otherwise  regulated.

3. Within any floodway are any structure of the kind described in subsection (2) above, shall be prohibited.

4. Where permitted within any flood fringe area or general floodplain area any structure of the kind described in subsection (2) above, shall be:

     A. Elevated or designed and constructed to remain completely dry up to at least 1 and 1/2 feet above the 100 year  flood.

     B. Designed to prevent pollution from the structure or activity during the course of a 100 year flood.

     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 flood proofing contained in the publication “Floodproofing Regulations” (U.S. Army Corps of Engineers, June 1972) or with some other equivalent watertight standard.

5. With any general floodplain area, any structure of the kind described in subsection (2) above, shall be prohibited  with the area measured 50 feet landward from the top-of-bank of any watercourse.

6. Except for possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-1, 12/5/1985, §1; and by Ord. 2003-02, 12/3/2003, §1)

E. Variances.

§4-351.     Request for Variance.

1. If compliance with the elevation or floodproofing requirements of this Part would result in an exceptional hardship for a prospective builder, developer, or landowner, the Borough may, upon request, grant relief from the strict application of the requirement.

2. Requests for variances shall be considered by the Borough in accordance with the procedures contained in §4-320(1) and the following procedures:

     A. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100 year flood elevation.

     B. If granted, a variance shall involve only the least modification necessary to provide relief.

     C. In granting any variance, the 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 Part.

     D. Whenever a variance is granted, the Borough shall notify the applicant, in writing, that:

          (1) The granting of the variance may result in increased premium rates for flood insurance.

          (2) Such variances may increase the risks to life and property.

     E. In reviewing any request for a variance, the Borough shall consider, but not be limited to, the following:

          (1) That there is good and sufficient cause.

          (2) That failure to grant the variance would result in exceptional hardship to the applicant.

          (3) That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or State ordinances and regulations.

     F. A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

3. Notwithstanding any of the above; however, all structures shall be designed and constructed so as to have the capability of resisting the hydro-static and hydrodynamic loads and pressures, effects of buoyancy and other forces associated with the 100 year flood.

(Ord. 1977-1, 11/3/1977, Art. V)

F. Existing Structures in Flood Prone Areas.

§4-361.     Existing Structures.

Structures existing in any identified flood prone area prior to the enactment of this Part, but which are not in compliance with these provision, may continue to remain subject to the following:

     A. Existing structures located in any designated flood-way area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood height is fully offset by accompanying improvements.

     B. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or or amount of less than 50% of its market value, shall be elevated and/or flood-proofed the greatest extent possible.

     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 be undertaken only in full compliance with the provisions of this Part.

(Ord. 1977-1, 11/3/1977, Art. VI)

G. Definitions

§4-371.     General.

Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.

(Ord. 1977-1, 11/3/1977, Art. VII, §7.00)

§4-372.     Specific Definitions.

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.

BUILDING – a combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.

COMPLETELY DRY SPACE – a space which will remain totally dry during flooding, the structure is designed to prevent the passage of water and water vapor.

CONSTRUCTION – the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.

DEVELOPMENT – any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land.

ESSENTIALLY DRY SPACE – a space which will remain dry during flooding, except for the passage of some water or minor seepage, the structure is substantially impermeable to the passage of water.

FLOOD – a temporary inundation of normally dry land areas.

FLOOD FRINGE AREA – that portion of the floodplain outside of the flood-way area.

FLOODPLAIN – see definition of “flood prone area”.

FLOODPROOFING – any combinations 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.

FLOOD PRONE AREA – a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODWAY AREA – the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the 100 year magnitude.

LAND DEVELOPMENT – the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving a group of two or more buildings or the division or allocation of land of space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features, a subdivision of land.

MINOR REPAIR – the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment.

MOBILE HOME – a transportable, single-family dwelling intended for permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.

MOBILE HOME PARK – a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for non-transient use.

OBSTRUCTION – any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood prone area which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of water might carry the same downstream to the damage of life and property.

ONE HUNDRED YEAR FLOOD – a flood that, on average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

REGULATORY FLOOD ELEVATION – the 100 year flood elevation plus a free-board safety factor of 1 and 1/2 feet.

STRUCTURE – anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes, and other similar items.

SUBDIVISION – the division or re-division 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 division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-11, 12/5/1985, §3)

§4-381.     Construction.

This Part shall be construed in accordance with all applicable Federal, State, and local laws, ordinances, rules, and regulations, including such rules and regulations as the Pennsylvania Department of Environmental Protection may issue, from time to time, in final form and publish in the Pennsylvania Bulletin. Any provision herein shall be ineffective only if said provision is directly inconsistent with an applicable Federal, State, or local law, ordinance, or regulation.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-11, 12/5/1985, §3; as amended by Ord. 2003-02, 12/3/2003, §1

Chapter 5 – Code Enforcement

(Reserved to Accommodate Future Enactments)

Chapter 6 – Conduct

Part 1: Curfew

A. Curfew Established for Children Under the Age of 18.

§6-101.    Curfew Established for Children Under the Age of 18.

It shall be unlawful for any child under the age of 18 years to be or remain in or upon any public street or alley or public place in the Borough at any time between the hours of 10 p.m. and 6 a.m., unless such child is accompanied by a parent, guardian, or other person having legal custody of such child. Provided, the time for the beginning of the curfew period may be extended by order of the Mayor on any evening when there shall be an official school function, in which case the curfew shall take effect 1/2 hour after the conclusion of such function and the curfew warning signal shall be sounded 15 minutes after the conclusion of such function.

(Ord. 1980-4, 12/4/1980 §1; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-102.    Unlawful for Parents, Guardians, and Legal Custodians of Children to Permit Curfew Violations.

It shall be unlawful for any parent, guardian, or legal custodian of any child under the age of 18 years to allow or permit such child to be or remain in or upon any of the public streets or alleys or public places in the Borough in violation of §6-101 of this Part.

(Ord. 1980-4, 12/4/1980, §2)

§6-103.    Enforcement.

Any child as above designated, found in or upon any street or alley or public place in the Borough in violation of §6-101 of this Part shall be taken into custody by any member of the Borough Police Force and delivered to his or her parents, guardian, or person having legal custody of such child and report thereof shall be made by such policeman immediately to the Mayor. If such parent, guardian, or person having the legal custody of said child shall again allow such child to be in or upon any of the streets or alleys or public places in the Borough in violation of §6-101 of this Part, such parent, guardian, or legal custodian shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part shall be found to have been violated shall constitute a separate offense.

(Ord. 1980-4, 12/4/1980, §1; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-104.    Authority of Police Officers to Use Discretion in Determining Age of Children.

The Police Officers of the Borough, in taking children into custody under this Part, shall use their discretion in determining age and in doubtful cases may require positive proof and until such proof is furnished, the officer’s judgement shall prevail.

(Ord. 1980-4, 12/4/1980, §4)

B. Motor Vehicular Races.

§6-111.    Definitions and Interpretation.

1. As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:

     MOTOR VEHICULAR RACES – all manner and form of races including, but not limited to, motorcycle, big car, midget car, racing car, stock car, sport car, modified car, jalopy, hot rod, and all other forms of racing whereby the vehicle is propelled by a motor.

     PERSON – every natural person, firm, partnership, association, other form of unincorporated enterprise owned by two or more persons or corporations. Whenever used in any clause prescribing and/or imposing a penalty, or both, the terms person, when applied to firms, partnerships, or associations shall mean the partners or the officers/members of the associations/firms thereof and when applied to corporations, the officers thereof.

     PRODUCER – any person, as herein defined, conducting or holding any motor vehicular race as herein defined, when the general public or a limited or selected number thereof may attend upon the payment of an admission price.

2. The use of the singular herein shall include the plural and the use of the masculine shall include the feminine and neuter.

(Ord. 1988-1, 8/4/1988, §1)

§6-112.    Purpose.

This Curfew Ordinance amendment prescribes, in accordance with prevailing community standards, a regulation limiting the time after which motor vehicular races shall be commenced within the Borough for the furtherance of the public good, safety, and welfare.

(Ord. 1988-1, 8/4/1988, §2)

§6-113.    Curfew.

No person and/or producer shall commence a motor vehicular race before 1 p.m. nor after 12 a.m. prevailing time withing the Port Royal Borough limits. All racing activities and related activities must cease no later than 12:30 a.m. on any given day.

(Ord. 1988-1, 8/4/1988, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-114.    Penalty.

Any person and/or producer who shall violate the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 per hour, or part thereof, per violation, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

(Ord. 1988-1, 8/4/1988, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Loitering and Other Offenses

§6-201.    Loitering.

1. In order to protect the safety of the public and the safety of property it shall be unlawful for any person to loiter, either alone or with others, on any public street, public road, public alley, public mall, public common, public municipal parking lot, or other public ground within the Borough or in or about any building or structure used, in whole or in part, for dwelling or rooming or boarding purposes or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, educational, or recreational purposes.

     A. So as to hinder or obstruct or tend to hinder or obstruct, the free passage of pedestrians or vehicles or the fee passage of persons or property to or from any entrance or exit of a building, structure, or vehicle and to fail or refuse to move or disperse when asked to do by a police officer.

     B. So as to warrant concern for the safety of persons or the security of property in the vicinity.

          (1) To fail or refuse to identify himself and explain his presence or conduct when asked to do so by a police officer.

          (2) To fail or dispel the concern.

2. Any person who shall loiter shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

3. Definition and Interpretation.

     A. Definition. For purposes of this Section the term “loiter” shall include any of the following types of conduct:

          (1) Loafing.

          (2) Lingering.

          (3) Hanging around.

          (4) Idly spending time.

          (5) Prowling.

          (7) Standing or remaining idle.

          (8) Sauntering or moving slowly about where the conduct is not due to physical condition or defects, but irrespective of whether the conduct is on foot or in, on, or by way of a parked or moving vehicle.

     B. Interpretation. Among the circumstances which are to be considered under subsection (1)(A) in determining whether there is warrant for the concern for the safety of persons or the security of property is:

          (1) The time of day when, or the place where, the loitering occurs.

          (2) The systematic checking by the actor of doors windows, or other means of ingress or egress to a building, structure, or vehicle.

          (3) Recurrent activity by the actor which outwardly manifests no useful purpose or reasonably explicable purpose and is not usual for a law abiding or peace abiding person.

          (4) The continuous or repeated presence of the actor in close proximity to a building, structure, vehicle, or other property or in close proximity to another person, for a period of time not usual under the circumstances then existing. Among the circumstances which are to be considered in determining whether the actor has failed to dispel the concern is whether:

               (a) The actor takes flight upon the appearance of a police officer.

               (b) the actor attempts to conceal himself or any object.

               (c) The actor’s explanation to the police officer of his presence or conduct is untrue or is such as would not at the time be reasonably sufficient to dispel the concern in the minds of ordinary men of common intelligence.

4. Intent. No person shall be convicted of the offense of loitering under subsection (1)(A) of this Section if it appears at trial that the actor’s explanation of his presence and the conduct is in fact true and, has it been made known to the police officer at the time, would have dispelled the concern. It is not intended that this Section be used by a particular complainant as a catch-all against a person whose ideas, dress, lifestyle, or physical appearance is annoying to the sensibility of the complainant. Nor is it intended that this Section be used as a form of preventive detention or as an excuse for search and seizure. It is the intent of this Section;however, to recognize that there are conditions and circumstances which warrant a police officer making a judgement in the field or on the spot that the time has arrived when, giving due consideration to the delicate balance of the right of free assembly, free association, free speech or free movement, some action is called for in order to ensure that the safety of the public and the safety of property be protected.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-202.    Willful or Malicious throwing of Objects and Missiles Prohibited.

It shall be unlawful for any person willfully or maliciously to throw any metal, stone, brick, or other object or missile within the Borough of Port Royal and upon conviction thereof be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

§6-203.    Tampering with Certain Property Prohibited.

No person or persons shall destroy or injure, in any way whatsoever, or tamper with or deface any public property of the Borough of Port Royal or any grass, walk, lamp, ornamental work, building, street light, fire hydrant, or water or gas stop box on any of the streets, alleys, parks, or other public grounds in the Borough and upon conviction thereof, be sentenced to pay a fine of $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-204.    Consumption, Possession, or Transportation of Alcoholic or Malt or Brewed Beverages Unlawful in Certain Places.

It shall be unlawful for any person to consume, posses, or transport, any alcoholic or malt or brewed beverage in any park, public playground, parking lot, recreation area, or similar areas which are under the direct control and supervision of the Borough of Port Royal and, upon conviction thereto, shall be sentenced to pay a fine of not more than $50 for the first such offense plus costs and $100 for the second offense, if within 1 year of the first offense, plus costs and not more than $1,000 for the third and all subsequent offenses, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §7; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 3: Disorderly Conduct

§6-301.    Disorderly Conduct Prohibited.

1. Disorderly conduct, as defined in §5503 of the Crimes Code, 18 P.C.S.A. §5503 is hereby prohibited within the Borough of Port Royal. A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof he:

     A. Engage in fighting or threatening or in violent or tumultuous behavior.

     B. Makes unreasonable noise.

     C. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

2. Provided, as used in this Section, the word “public” means affecting or likely to affect persons in a place to which the public or a substantial group has access. Among the places included are streets, alleys, and sidewalks, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood or any premises which are open to the public.

(Ord. 2003-02, 12/3/2003, §1)

§6-302.    Penalty for Violation.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)

Part 4: Interference with Borough Officers and Employees

§6-401.    Interference with Borough Officers and Employees Prohibited.

It shall be unlawful for any person to obstruct, resist, oppose or in any way interfere with any officer or employee of the Borough while in the performance of any of the duties of his office or employment.

(Ord. 1980-5, 12/4/1980, §3)

§6-402.    Penalty for Interfering with Borough Officer or Employee.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

Chapter 7 – Fire Prevention and Fire Protection

Part 1: Fires and Open Burning Restricted

§7-101.     Legislative Authority.

This Part is being adopted by the Borough Council of Port Royal Borough, Juniata County, Pennsylvania, pursuant to the authority granted onto it by the laws of the Commonwealth of Pennsylvania, as set forth in the Borough Code at 53 P.S. §§46202(4), (6), (16), (21), and (74).

(Ord. 2001-1, 6/6/2001)

§7-102.     Definitions.

As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

     FURNACE – any enclosed device specifically designed for burning any material for the production of heat.

     GARBAGE – all putrescible animal and vegetable matter resulting from the handling, preparation, cooking, and consumption of food.

     GOVERNING BODY – the Borough Council of Port Royal Borough, Juniata County, Pennsylvania.

     INCINERATOR – any device, specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.

     OPEN FIRE – a fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.

     PERSON – any individual, partnership, association, corporation, department, bureau, agency, or other legal entity.

     REFUSE – garbage, rubbish, and trade waste.

     RUBBISH – solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry, and other similar materials.

     SALVAGE OPERATION – any business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or material including, but not limited to, metals, chemicals, shipping containers, or drums.

     TRADE WASTE – all solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade, or industry including, but not limited to, plastic products, cartons, paint, grease, oil, and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste materials; provided that “trade waste” shall not include any coal refuse associated with the mining or preparation of coal.

(Ord. 2001-1, 6/6/2001)

§7-103.     Enforcement.

The Borough Council of Port Royal Borough, Juniata County, Pennsylvania, its agents, servants, and employees shall have the power and duty to enforce the provision of this Part.

(Ord. 2001-1, 6/6/2001)

§7-104.     Regulations.

1. Within the Port Royal Borough limits, no person shall:

     A. Ignite or feed an open fire for the destruction of fire or in the conduct on salvage operation in any public or private place outside any building.

     B. Cause, suffer, allow, or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.

2. Exceptions. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:

     A. The prevention of a fire hazard which cannot be abated by other means.

     B. The protection of public health.

(Ord. 2001-1, 6/6/2001)

§7-105.    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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2001-1, 6/6/2001; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Recognition of Volunteer Fire Company

§7-201.     Purpose.

The purpose of this Part is to name Friendship Fire Company, Port Royal, Pennsylvania, the officially recognized volunteer fire company to serve Port Royal Borough and to state additional authorized activities for firefighters for Worker’s Compensation purposes.

(Res. 1998-2, 7/1/1998)

§7-202.     Services.

Friendship Fire Company, Port Royal, Pennsylvania, is hereby authorized to provide such services to the Borough as may be necessary for the protection of property and persons situate therein which shall include, but are not limited to, the extinguishment of fires and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous materials, incidents, and other situations which require the services of a volunteer fire company.

(Res. 1998-2, 7/1/1998)

§7-203.     Nonemergency and Public Service Functions.

Friendship Fire Company, Port Royal, Pennsylvania, may also provide nonemergency and public service functions which shall include, but are not limited to, removal of water from property after storms and assistance in removal, abatement, and prevention of damage or injury to persons or property, whether through natural causes or manmade situations.

(Res. 1998-2, 7/1/1998)

§7-204.     Training Activities.

Friendship Fire Company, Port Royal, Pennsylvania, may conduct and participate in such training activities and drills, either within or outside of the Borough, as may be deemed necessary by the officers of Friendship Fire Company, Port Royal, Pennsylvania, to maintain proficiency in providing service.

(Res. 1998-2, 7/1/1998)

§7-205.     Services Outside of Borough.

Friendship Fire Company, Port Royal, Pennsylvania, may respond to calls and provide services to municipalities outside of the Borough only pursuant to the authorization of a written mutual aide agreement or a written agreement for first call service approved by the Borough.

(Res. 1998-2, 7/1/1998)

§7-206.     Additional Activities.

In addition to actually participating in the activities of the volunteer fire company as authorized above, or in going to or returning from any activity, the members of Friendship Fire Company, Port Royal, Pennsylvania, are also authorized to engage in any type of drill, training, ceremony, practice, test, or parade when duly called for or authorized by an officer or officers of Friendship Fire Company, Port Royal, Pennsylvania.

(Res. 1998-2, 7/1/1998)

Chapter 8 – Flood Plains

(See Chapter 4, Part 3, Floodplains)

Chapter 9 – Grading and Excavating

(See Chapter 22, Subdivision and Land Development, §§22-503(6)(A), 22-512 and 22-605(2)(W)))

Chapter 10 – Health and Safety

Part 1: Offensive Matter

§10-101.     Regulations and Restrictions on Offensive Matter.

It shall be unlawful for any person, firm, or corporation, or any agents thereof, to do, authorize, aid, or abet any of the following described actions or matters, such regulations or restrictions being intended to promote the general health of the Borough:

A. To place, or cause to be placed, thrown, or maintained in or near any of the highways of the Borough any liquid or solid vegetable or animal matter that will decay or become offensive or will render offensive any of the drains, streams, or sewers withing the Borough.

B. To place, or cause to be placed, thrown, or maintained in or near any of the highways of the Borough any matter or thing that will cause danger or discomfort to the traveling public or to the inhabitants of the Borough.

     C. To permit weeds and similar vegetation, not edible or planted for some useful or ornamental purpose, to grown or remain upon the premises owned by them in the Borough or upon the sidewalk, curb, or gutter adjoining.

     D. To keep hogs or maintain slaughter houses within the limits of the Borough within 300 feet of any dwelling not owned and occupied by the owner of the hogs or slaughter house.

     E. To clean cesspools and privy vaults except in the manner and at the time and under the permits authorized by the Board of Health of the Borough and further, no use shall be permitted unless vessels and containers, carefully covered and watertight, shall be used and thoroughly disinfected to the satisfaction of the Board of Health or a person appointed by the Borough Council.

     F. To permit any animal or fowl to run at large within the Borough unless authorized by some statute.

     G. To suffer or remain on the premises owned or occupied or used by any person, firm, or corporation, any decaying or offensive or unwholesome matter of any kind or to permit the same on any vacant lot or in any stream or highway adjoining.

(Ord. 86,8/5/1964)

§10-102.    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 $1,000 plus costs and, in default of payment of sid fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this PArt which shall be found to have been violated shall constitute a separate offense.

(Ord. 86, 8/5/1964; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Administration of Health

§10-201.     Administration of Health.

The administration of the health laws are placed under the supervision of the Commonwealth of Pennsylvania, Department of Health, according to a communication from the Commonwealth of Pennsylvania, Department of Health.

(Res. 53,6/5/1940)

Chapter 11 – Housing

(Reserved to Accommodate Future Enactments)

Chapter 12 – Libraries

(Reserved to Accommodate Future Enactments)

Chapter 13 – Licenses, Permits, and General Business Regulations

Part 1: Transient Retail Businesses

§13-101.    Definitions.

FIDDLER – any person who shall engage in peddling as herein defined.

PEDDLING – engaging in peddling, canvassing, soliciting, hawking, vending, offering for sale from door to door or taking orders from door to door by sample or otherwise for any goods, wares, or merchandise upon any of the streets and sidewalks or from house to house within the Borough of Port Royal. Provided, the word “peddling” shall not apply:

     A. To farmers selling their own produce.

     B. 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 purpose.

     C. To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.

     D. To children under the age of 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 organizations.

     E. To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.

     F. To a person who has complied with the provision of the Solicitation of Funds for Charitable Purposes Act,  10 P.S. §162.1 et seq., as hereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania.

     G. For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege 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 Secretary of the Borough Council 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 Secretary of Borough Council may similarly exempt from payment of the license fee, but not from registering with him, person working without compensation and selling goods, wares, or merchandise for the sole benefit of a nonprofit corporation. Provided, further, every license issued or persons engaging in such business, every individual  shall obtain a separate license, issued to him in his name, and the license fee herby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.

[Ord. 2003-02, 12/3/2003, §1]

PERSON – any natural person, association, partnership, firm, organization, or corporation.

In this Part the singular shall include the plural and the masculine shall include the feminine and the neuter.

(Ord. 78,7/26/1962, §1; as amended by Ord. 2003-02, 12/3/2003, §1)

§13-102.     License Required.

No person shall engage in peddling in the Borough of Port Royal without first having taken out a license as herein provided.

(Ord. 78,7/26/1962, §2)

§13-103.     Application for License.

1. Every person desiring to engage in peddling in the Borough of Port Royal shall make application to the Secretary of the Borough Council for a license. If such person shall also be required to obtain a license from any County officer, he shall, on making such application, exhibit a valid County license. The said application shall be upon a blank provided by the Borough Council Secretary and shall contain at least the following information verified by oath or affirmation:

     A. Full name of the applicant and local address, if any.

     B. Permanent address.

     C. Name of employer or a statement that such applicant is self-employed.

     D. The nature of the goods, wares, or merchandise offered for sale.

     E. The type of vehicle used, if any. 

2. Provided, where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given each helper and verified or affirmed by oath or affirmation by him and an individual license shall be required for each helper. No license under this Part shall be transferable from one person to another.

(Ord. 78, 7/26/1962, §3)

§13-104.     License Fees.

No license shall be issued under this Part until a fee in an amount to be established, from time to time, by resolution of Borough Council shall be paid to the Borough Secretary or Mayor and it shall be for the use of the Borough. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the peddling and shall apply where the employer desires to secure licenses for his employees, agents, or servants.

(Ord. 78, 7/26/1962, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§13-105.     Penalty.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 78, 7/26/1962, §4; as added by Ord. 2003-02, 12/3/2003, §1)

Part 2: Junked or Abandoned Vehicles

§13-201.    Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

     FARM MACHINERY – all types of machinery and equipment which were originally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.

     JUNK – any discarded or salvageable article or material including, but not limited to, scrap metal, paper, tags, glass, containers, scrap wood, motor vehicles, trailers, machinery, and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.

     JUNK DEALER – any person who buys, sells, salvages, stores, or in any way deals in junk or owns, leases, operates, or maintains a junkyard within the Borough.

     JUNKYARD – any place where junk is herein defined is stored or accumulated. Any premises as herein defined having two or more unlicensed motor vehicles and/or unlicensed trailers thereon shall be deemed to be a junkyard, except that the foregoing shall not apply to duly licensed automobile dealers having operable vehicles on their premises for resale. Such exception shall not apply to inoperable vehicles being stored primarily for salvage purposes.

     MOTOR VEHICLE – all types of automobiles, trucks, and tractors, including, self-propelled machinery of all kinds with the exception of farm machinery.

     PERSON – any natural person, partnership, firm, company, corporation, or other legal entity.

     PREMISES – any parcel of land situated in the Borough having a separate tax map parcel number for County assessment purposes.

     SOLID WASTE – any waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous material.

     TRAILER – any wheeled vehicles not self-propelled, drawn by a motor vehicle.

2. 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. 6/2/1999, §1)

§13-202.     Approval by Borough Secretary.

No junked or abandoned vehicles shall be stored on any premises or property within the Borough of Port Royal unless the keeping or storage of the same has been approved by the Port Royal Borough Secretary. Evidence of a junked or abandoned vehicle may include, but not be limited to, the following physical defects:

     A. Broken windshields, mirrors, or other glass, with sharp edges.

     B. One or more flat or open tires or tubes which could permit vermin harborage.

     C. Missing doors, windows, hood, trunk, or other body parts which could permit animal harborage.

     D. Any body parts with sharp edges, including holes resulting from rust.

     E. Missing tires resulting in unsafe suspension of the motor vehicle.

     F. Upholstery which is torn or open which could permit animal and/or vermin harborage.

     G. Broken head-lamps with sharp edges.

     H. Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.

     I. Protruding sharp objects from the chassis.

     J. Broken vehicle frame suspended from the ground in an unstable manner. 

     K. Leaking or damaged oil pan or gas tank which could cause fire or explosion.

     L. Exposed battery containing acid.

     M. Inoperable locking mechanism for doors or trunk.

     N. Open or damaged floor boards, including  trunk and fire-wall.

     O. Damaged bumpers pulled away from the perimeter of vehicle.

     P. Broken grill with protruding edges.

     Q.Loose or damaged metal trim and clips.

     R. Broken communication equipment antennae.

     S. Suspended on unstable support.

     T. Such other defects which could threaten the health, safety, and welfare, of the citizens of the Borough of Port Royal.

(Ord. 6/2/1999, §2)

§13-203.     Application for Permit.

1. Any person desiring to store or to continue to store junked or abandoned vehicle(s) on premises or property within the Borough of Port Royal shall apply, in writing, to the Borough Secretary for a permit setting forth the location and description of the land on which said vehicle(s) is/are to be placed/stored, the vehicle(s) description, the manner of storage, and the length of time and the purpose for the storage. A permit of restoration shall be valid for 180 days from the date of issuance after which time period the permit of restoration shall automatically terminate.

2. In the event that a permit is requested for the storing of vehicle(s), such permit shall only be granted or renewed if the vehicle(s) is/are to be stored in a completely enclosed structure, screened, or buffered or so designed so that the vehicle(s) within the structure, screen, or buffer cannot be seen from the outside and the permit applicant has paid an annual per vehicle permit fee in an amount to be established, from time to time by resolution of Borough Council, to the Borough Secretary. [Ord. 2003-02, 12/3/2003, §1]

(Ord. 6/2/1999, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§13-204.     Issuance of Permit.

1. If the Borough Secretary shall determine that the storage of vehicle(s) concerning which a permit is initially requested or annually to be renewed, does not or will not adversely affect the health, safety, general welfare, cleanliness and/or beauty of the Borough and does not or will not constitute a nuisance, the Secretary shall refuse to issue said permit or renewal thereof stating the reason(s) for such initial refusal or annual renewal and give written notice thereof to the premises or property owner.

2. Any person aggrieved by the refusal of the Borough Secretary to initially issue a permit or annually renew same, may request and shall be granted a hearing before the Borough Council; provided, said person shall file with the Council, a written petition requesting a hearing and setting forth therein a brief statement of the ground(s) therefore within 10 days after receiving notice that an initial permit or annual renewal thereof has been refuse. The hearing shall commence not later than 35 days after the date on which the petition was filed unless postponed for sufficient cause. Pending the outcome of said hearing the provisions of §13-206 are suspended.

3. After such hearing, the Borough Council shall sustain, modify, or overrule the action of the Borough Secretary.

4. Borough Council shall have authority, should conditions change under which a permit was initially issued or annually reviewed, to immediately revoke said permit subject to the hereinbefore set forth hearing procedure.

(Ord. 6/2/1999, §4)

§13-205.     Storage on Private Grounds.

1. Any junked or abandoned vehicle(s) stored on private grounds without a permit issued by the Borough Secretary as herein required shall be removed by the owner or occupier of said grounds after written notice to do so is given by the Borough Secretary within 30 days and, in, the Borough may cause the same to be done and collect the costs thereof together with a surcharge of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by an action in equity.

2. Whenever any such person shall have been notified by the Borough Secretary of the Borough of Port Royal or by the Police Officer of the Borough of Port Royal or by prosecution  or in any other manner of such violation each day thereafter that such violation shall constitute a separate violation hereof and may be punishable as such hereunder.

(Ord. 6/2/1999, §5)

§13-206.    Penalty.

Any person, firm, or corporation who shall violate any provision of this Part or aiding, abetting, or assisting in the violation of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 for the first offense and not less than $100 nor more than $1,000 for each subsequent  offense plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 6/2/1999, §6; as amended by Ord. 2003-02, 12/3/2003, §1)

§13-207.     Removal by Borough.

If the owner or occupier of said grounds does not remove within 30 days from receipt of written notice any junked or abandoned vehicle(s) stored on private grounds without a permit issued by the Borough Secretary as herein required , any such junked or abandoned vehicle may be towed and stored at the owner’s expense to a secure location designated by the Port Royal Borough Council.

(Ord. 6/2/1999, §7)

§13-208.    Notice.

Within 24 hours after the junked or abandoned vehicle has been removed, the officer in charge or his agent shall forward notice to the owner of record of such abandoned motor vehicle by certified mail, return receipt requested, that the vehicle has been impounded, the place from which it was removed, the reason for its removal and impounding and the place where the vehicle has been impounded.

(Ord. 6/2/1999, §8)

§13-209.     Private Grounds.

It shall be unlawful for any person, owner, or lessee of property to maintain or permit a junked or abandoned vehicle upon private grounds of such person, owner, or lessee within the Borough of Port Royal contrary to the terms of this Part.

(Ord. 6/2/1999, §9)

§13-210.     Duty of Owner.

Following the effective date of this Part, it shall be the duty of any owner of a junked or abandoned vehicle or the owner, lessee, or occupant of the real property upon which there is a junked or abandoned vehicle, to remove or cause to be removed said vehicle within a reasonable time, but not more than 15 days after receipt of notice of such junked or abandoned vehicle.

(Ord. 6/2/1999, §10)

§13-211.     Records.

1. The Police Department shall keep a record of the following:

     A. The names and addresses of all owners of vehicles impounded.

     B. The names and addresses of all persons claiming such vehicles.

     C. The license numbers and such information as may identify the vehicle.

     D. The nature and circumstances of the impounding of the vehicle.

     E. The violation of the law, ordinance on account of which the vehicle was impounded.

     F. The final disposition of the case.

2. If a registered owner fails to claim the vehicle within 15 days of the date of removal thereof, the Police Department shall request an investigation by the Pennsylvania Department of Transportation pursuant to the provisions of the Vehicle Code.

(Ord. 6/2/1999, §11)

§13-212.     Remedies.

The remedies provided herein for the enforcement of this Part or any remedy provided by law shall not be deemed mutually exclusive, rather all available remedies may be employed simultaneously or consecutively at the option of the Port Royal Borough Council.

(Ord. 6/2/1999, §12)

Part 3: Community Antenna Television

§13-301.     Short Title.

This Part shall be known as the “Borough Antenna Television Ordinance”.

(Ord. 1976-2, 6/3/1976 §1)

§13-302.     Policy.

It is hereby determined and declared as a matter of legislative funding:

     A. All residences, businesses, and public buildings in the Borough may be provided with audio and television impulses and energy by one or more community antenna television companies.

     B. Subscribers for such services will be charged installation fees and monthly service fees.

     C. Such services will be transmitted by cable or wires and such cables or wires are suspended along streets and alleys and across other public lands and facilities owned by utility companies or on specially erected poles.

     D. The Borough has the right and duty, in the exercise of the police power, to regulate, inspect, and supervise such facilities and the use of its streets, alleys, and other public lands for such purposes.

     E. That substantial investments are required by such companies in order to provide such services by reason of which such companies are entitled to some protection of their investments by being granted franchises.

     F. By reason of the similarity of such companies to utility companies and the corresponding lack of competition among such companies the public welfare required regulation of rates charged for such installations and service.

     G. Although the Borough recognizes that the Supreme Court of the United States has held that the Federal Communications Commission has power to regulate certain affairs of such companies, neither the Pennsylvania Public Utility Commission nor any other governmental body, State, Federal, or local has, with respect to such companies, been vested with or assumed power to regulate quality of service, installation of facilities, or the rates for such installation and service.

     H. The Borough should be compensated by such companies for performing its right and duty of regulation, inspecting, and supervising such facilities and the use of its streets, alleys, and other public lands.

     I. The public welfare would be better served by awarding nonexclusive franchises to such companies.

(Ord. 1976-2, 6/3/1976, §2)

§13-303.     Definitions.

For the purposes of this Part, the following terms, phrases, words, and their derivatives shall have the meaning given herein. The singular shall include the plural and the masculine shall include the feminine:

     APPLICANT – a person who applies for a franchise hereunder.

     AUDIO AND TELEVISION – a system for simultaneous reception and transmission of audio signals and transient visual images of the separate reception and transmission of either of them by means of electrical impulses.

     BOROUGH – the Borough Council of the Borough of Port Royal.

     BOROUGH SECRETARY – the Borough Secretary of the Borough of Port Royal.

     COMMUNITY ANTENNA TELEVISION SYSTEM OR SYSTEM – a complex of antennas, wires, cables, poles, underground conduits, manholes, amplifiers, and other audio and television conductors, fixtures, and accessories necessary for the reception, transmission, and distribution of audio and television impulses and energy.

     COUNCIL – the Borough Council of the Borough of Port Royal.

     FRANCHISE – privilege granted hereunder to establish, erect, maintain, and operate community antenna television system in the Borough.

     FRANCHISEE – a person to whom shall be granted hereunder privilege of establishing, erecting, maintaining, and operating a community antenna television system.

     HEREOF and HEREUNDER – shall refer to this Part and “hereafter” shall refer to time subsequent to adoption of this Part.

     PERSON – any person, firm, partnership, association, corporation, company, or organization of any kind.

     SHALL – that which is mandatory as distinguished from that which is merely directory or permissive.

(Ord. 1976-2, 6/3/1976, §3)

§13-304.     Application for Franchise.

1. Any person who has heretofore established and erected an existing community antenna television system in Borough or who may at the time of the adoption hereof or hereafter, desire to establish and erect a community antenna television system in television shall make application for franchise hereunder and proceedings upon such application shall be as follows:

     A. Application shall be in writing and shall utilize such forms therefore as may, from time to time, be drafted by Borough Secretary and approved by Council for such purpose.

     B. Current financial statement and balance sheet, both certified be a certified public accountant, shall accompany application.

     C. Drawing of existing system, proposed alterations thereto or proposed system shall accompany application.

     D. Schedule for establishment and erection of system and alterations thereto and completion thereof shall accompany application.

     E. Schedule of proposed fees for installation, relocation of installations within buildings and from building to building, reconnections and receiver extensions and proposed rates for service shall accompany application.

     F. Intent to file application shall be advertised by applicant on 3 consecutive weeks in a newspaper of general circulation published in Juniata County, the first of which shall be published at least 7 days before filing. Such notice shall state the name and address of applicant and time and place of filing. Proof of application shall accompany the application.

     G. Application shall be filed with the Borough Secretary or at meeting of the Council.

     H. Council may require such additional schedules, statements, drawings, or information as may be reasonably required to fully appraise Council of fitness of applicant for franchise, feasibility of existing system, proposed alterations thereto or proposed system, scope, and quality of proposed service or fairness of proposed charges and rates.

     I. If Council concludes that the public welfare would be promoted by awarding a franchise to applicant, then Council shall, by resolution so certify and award franchise pursuant thereto, only after complying with the public hearing requirements as set forth in applicable Federal Communications Commission regulations as set forth in applicable Pennsylvania Public Utility Commission regulations and privilege to establish, erect, maintain, and operate such wires, television conductors, fixtures, and accessories in, under, over, along, across, and under the roads, streets, lanes, avenues, sidewalks, alleys, bridges, and other public places in Borough and subsequent additions thereto for the purpose of reception, transmission, and distribution of audio and television impulses and energy and in general to establish, erect, operate, and maintain a community antenna television system. No such poles or other equipment shall be installed or the installation thereof commenced until the location of such poles and other equipment shall have been set forth upon a drawling plot or map showing such public ways or places whereon such installations are proposed and submitted to the Borough Secretary and approved by Council. All such wires, cables, and other equipment shall be attached to poles of utility companies unless the consent of Council shall have been first had and obtained to the erection of additional poles; provided, however, that it shall be incumbent upon franchisee to obtain permission from such utility companies incumbent upon franchisee to obtain permission from such utility companies for the use of poles of such utility companies either solely or in conjunction with other users thereof.

2. Franchisee shall promptly, upon being awarded a franchise, procure and maintain in effect a cash or surety company bond in the sum of $10,000 conditioned for the faithful compliance by franchisee with the terms and provision of this Part, its franchise and other resolutions,ordinances, rules, and regulations adopted pursuant hereto.

(Ord. 1976-2, 6/3/1976, §4)

§13-305.     Compliance with Applicable Laws and Ordinances.

Franchisee shall at all times during the term of its franchise be subject to all lawful exercise of the police power by Borough and to such reasonable regulation as Council or Borough Secretary, with approval of Council, shall hereafter by resolution, regulation, or ordinance shall abrogate its franchise and; provided, further, that Borough shall give to franchisee written notice of the contents of any such proposed resolution, regulation, or ordinance (which may in any manner adversely effect the operation of franchisee’s system) at least 1 month prior to the date on which final action will be taken on such resolution, regulation or ordinance and shall give to franchisee an opportunity to be heard prior to final action thereon.

(Ord. 1976-2, 6/3/1976, §6)

§13-306.     Liability; Indemnification.

Franchisee shall hold Borough harmless from all loss sustained by Borough on account of any suit, judgement, claim, or demand whatsoever resulting from or arising out of franchisee’s establishment, erection, operation, or maintenance of its system in Borough. Borough shall notify franchisee’s representative in Borough within 10 days after the presentation of any such claim or demand, either by suit or otherwise made against Borough.

(Ord. 1976-2, 6/3/1976, §7)

§13-307.     Service Standards.

1. Franchisee shall maintain and operate its system and render efficient service in accordance with subsequent resolutions and ordinances of Council, rules, and regulations as are, or may be, adopted or promulgated by Council, as provided in §13-313(1) of this Part or by the Federal Communications Commission, Pennsylvania Public Utility Commission or other governmental body having jurisdiction in the premises.

2. Notice of Interruption for Repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments, or installations, Franchisee shall do so at such time as will cause the least inconvenience to its customers and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.

(Ord. 1976-2, 6/3/1976, §8)

§13-308.     Company Rules.

Franchisee shall have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its obligations under its franchise and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms, and conditions shall not be in conflict with this Part, other resolutions or ordinances of Borough now in force or hereafter adopted, rules or regulations adopted, promulgated by Council pursuant to the Part or laws of the Commonwealth of Pennsylvania and; provided, further, that the same shall be subject to approval by Council or the Pennsylvania Public Utility Commission or the Federal Communication Commission.

(Ord. 1976-2, 6/3/1976, §9)

§13-309.     Condition on Street Occupancy.

1. Use. All reception, transmission, and distribution equipment erected by franchisee within Borough shall be so located as to cause minimum interference with the proper use of such public ways and places and to cause minimum interference with the rights, safety, or reasonable convenience of the public and property owners who adjoin any of such public ways and places.

2. Restoration. In case of any disturbance of pavement, sidewalk, driveway, or other surfacing, franchisee shall, at its own cost and expense and in a manner approved by Borough Secretary, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of 3 years.

3. Relocation. In the event that at any time during the period of any franchise, Borough shall lawfully elect to alter or change the grade of any such public way or place, franchisee, upon reasonable notice by Borough, shall remove, relay, and relocate its equipment at its own expense.

4. Placement of Fixtures. Franchisee shall not place poles or other fixtures where the same will interfere with any gas, electric, or telephone fixture, water hydrant or main and such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline and those placed in alleys shall be placed close to the line of the lot abutting on such alley and then in such a manner as not to interfere with the usual travel on such streets, alleys, and public ways.

5. Temporary Removal of Wire for Building Moving. Franchisee shall, on request of any person holding a building moving permit issued by the Borough and/or Juniata County, temporarily raise or lower its wires to permit  the moving of buildings. The expense of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same and franchisee shall have the authority to require such payment in advance. Franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.

6. Tree Trimming. Franchisee shall have the authority to trim trees upon and overhanging such public ways and places of Borough so as to prevent the branches  of such trees from coming in contact with the equipment of franchisee, all trimming to be done under the supervision and direction of Borough and at the expense of franchisee, which shall reimburse Borough for salary of the supervisor so provided.

7. Installation Standards Establishment. Erection, maintenance and operation of the system, including house connections shall be in accordance with the provisions of the National Electrical Code of the National Board of Fire Underwriters and such applicable resolutions, ordinances, rules, and regulations of Borough affecting electrical installations which may be presently in effect or may hereafter be adopted or promulgated by Council. Installation and house drop hardware utilized by franchisee shall be in accordance with the sound engineering practice generally prevalent in the industry.

8. Openings and Obstructions. Any opening or obstruction in such public ways or places made by franchise in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by red warning lights.

(Ord. 1976-2, 6/3/1976, §10)

§13-310.     Preferential or Discriminatory Practices Prohibited.

Franchisee shall not, as to rates, charges, service facilities, rules, regulations,or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage; provided, however, that nothing in any franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled.

(Ord. 1976-2, 6/3/1976, §11)

§13-311.     Extension Policy.

Franchisee shall file with Borough Secretary its extension policy as filed with and approved by Council and franchise shall not make or refuse to make any extension as permitted by this Part.

     A. Publication. Upon acceptance of its franchise, franchisee, at its own expense, shall cause to have published in a newspaper of general circulation in Juniata County its extension policy as filed with and approved by Council and shall annually send to each of its customers living within the corporate limits of the Borough a copy of such extension policy.

(Ord. 1976-2, 6/3/1976, §12)

§13-312.     Approval of Transfer.

Franchisee shall not sell or transfer its system to another nor transfer any rights under its franchise to another without Council’s approval; provided, however, that no sale or transfer shall be effective until the vendee, assignee, or lessee shall have filed in the office assignment of lease, accepting the term of this Part and all other resolutions, ordinances, rules, and regulations affecting its franchise and agreeing to perform all the conditions thereof.

(Ord. 1976-2, 6/3/1976, §13)

§13-313.     Borough Rights in Franchise.

1. Borough Rules. The right is hereby reserved to Council to adopt or promulgate, in addition to the provisions herein contained and in existing applicable resolutions or ordinances, such additional rules or regulation as it shall find necessary in the exercise of the police power; provided, however, that such rules and regulations, by resolution, ordinance, or otherwise, shall be reasonable and not in conflict  with the rights herein granted and shall not be in conflict with the laws of the Commonwealth of Pennsylvania or of the United States or of any rules or regulations adopted or promulgated by any instrumentality of either.

2. Use of System by Borough. Borough shall have the right, without charge, where aerial construction exists of maintaining upon the pole fixtures necessary for a police municipal line and fire alarm or other communication systems, such as wires and fixtures to be constructed and maintained to the satisfaction of franchisee and in accordance with its specifications.

     A. Borough shall have the right to install upon the antennas of any franchisee the necessary equipment for the reception and transmission of radio signals in connection with the operation of police, fire, public works, or other municipal remuneration, the right to install within a structure erected by franchisee and with free access thereto any equipment necessary to maintain said radio system. Franchisee shall so construct any structure so that there will be sufficient space for Borough to install its radio equipment should it so elect. However, the rights granted to Borough under this Section are subject to the condition that no harmful interference to the normal rendition of C.A.T.V. service by franchisee shall be caused by the exercise thereof .

     B. Borough shall be solely responsible for all damage to persons or property arising out of the construction or maintenance of said wires and fixtures authorized by this Section and shall save franchisee harmless from all claims and demands whatsoever arising out of the attachment, maintenance, change, or removal of such wires and fixtures to the poles of franchisee. In case of rearrangement of franchisee’s plant or removal of poles or fixtures, Borough shall save harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures.

3. Supervision and Inspection. Borough shall have the right to supervise all construction or installation work performed subject to the provisions of this Part and to make such inspections as it shall find necessary to ensure compliance with applicable resolutions, ordinances, rules, and regulations heretofore or hereafter adopted.

4. Procedure After Termination or Revocation. Upon the revocation of any franchise by Council or at the end of the term of any franchise, Borough shall have the right to determine whether franchisee shall continue to operate and maintain its distribution system pending the decision of Borough as to future maintenance and operation of such system.

(Ord. 1976-2, 6/3/1976, §14)

§13-314.     Rates.

1. All fees for installations and rates for service charged by each franchisee shall be fair, just, and reasonable, and uniform and in accordance with the schedule of fees and rates submitted by it in its application for franchise. Changes of fees or rates by any franchisee may be made only in accordance with the following subsection.

2. Franchisee shall notify Borough, in writing, by registered mail of the proposed changes and shall submit therewith its proposed amended schedule. Within 21 days of receipt of such registered mail notice, Borough shall arrange a meeting between franchisee and Council to discuss the proposed changes. If Council shall not approve the changes proposed by franchise within 15 days after such meeting, then the matter shall be submitted to arbitration in accordance with the rules then pertaining to the American Arbitration Association. The Board of Arbitrators shall consist of five persons, two of whom shall be elected by Borough, two of whom shall be selected by franchisee, and one of whom shall be selected by the four arbitrators theretofore selected as foresaid. If either party shall fail to appoint two arbitrators within 10 days following notice to do so, then the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Juniata County Branch shall appoint the fifth arbitrator within five days after the appointment of the fourth arbitrator, then the Court of Common Pleas shall make such appointment. Such Board of Arbitrators shall render a decision for or against the changes within 15 days from the date of appointment of the fifth arbitrator. Any decision made by such Board of Arbitrators shall be by majority  vote and in writing and copies thereof duly authenticated shall be delivered on the day such decision shall be rendered to franchise and Borough and shall be binding upon all parties concerned.

(Ord. 1976-2, 6/3/1976, §15)

§13-315.     Payments to Borough by Franchise.

Each franchise shall annually pay to Borough the following:

     A. Two percent of its gross receipts after 1977, from subscribers within Borough for the privilege of receiving any audio or television signals or other electronic impulses of any nature or $3,000 per annum, whichever shall be smaller. [Ord. 2/3/1977B]

     B. If its fiscal year does not begin on January 1, 1977, then it shall pay such percentage of such gross receipts between 1977 and the beginning of its fiscal year or a proportionate part of aforesaid annual minimum sum, whichever shall be greater. Thereafter, such payments shall be based upon its fiscal year and all such payments shall be made within 2 months from expiration of its fiscal year. If termination of its franchise does not correspond with termination of its fiscal year then, for such port of year, it shall pay, within 2 months from termination of its franchise. Such percentage part of aforesaid annual minimum sum, whichever shall be greater.

     C. At the time it makes payment of the sums payable to Borough under foregoing provisions of this Section, it shall submit report to Borough setting forth, for the period for which payment shall be made, the total number of subscribers within Borough, the rates charged each subscriber and such gross receipts. Borough through its duly authorized officers, employees, or agents shall, at reasonable times during normal business hours, have the right to inspect and examine, if necessary, audit the books and records of franchise relating to the information to be included in the reports; provided, that unless Borough alleges a breach of the provisions of this Part, any inspection, examination, or audit shall not be more often than once a year. If Borough alleges a breach of the provision of this Part, it shall, at reasonable times when necessary, have access to and the right to inspect, examine, and audit the books and records of franchisee relating to the information to be included in the reports to determine whether a breach of the provisions of this Part shall have occurred. All information obtained by Borough as a result of the inspection, examination, and auditing of franchisee’s books and record shall be confidential and shall not be disclosed by Borough or any of its officers, employees, or agents, except in a legal proceeding to which Borough may be a party involving this Part or upon the appropriate order of a court, agency, or administrative body of competent jurisdiction.

(Ord. 1976-2, 6/3/1976, §16; as amended by Ord. 2/3/1977B)

§13-316.     Term of Franchise.

Any franchise awarded pursuant to this Part shall take effect and be in force for a term of 15 years from January 1, 1977; provided, that construction shall have been completed and service shall have been commenced within 12 months after awarding of franchise. If construction shall not have been completed and service shall not have been commenced within said period, such franchises shall be null and void.

(Ord. 1976-2, 6/3/1976, §17)

§13-317.     Publication Costs.

The cost of publication of this Part, as such publication is required by law, shall be borne by applicants to which franchises shall be awarded hereunder within 1 year from the effective date hereof.

(Ord. 1976-2, 6/3/1976, §18)

§13-318.     Channels.

Franchise shall provide as many channels as shall be legally and technically feasible, from time to time. Without prior consent of Council, franchise shall not enter or partially remove from its system the signals of any television stations now being distributed shall not be required if the entire or partial removal shall be for a period of not more than 2 months or if the signals are being received by microwave or if franchisee shall be notified, in writing, to entirely or partially remove the television station by any other television station authorized by applicable rules and regulations of the Federal Communications Commission to request the entire or partial removal. All of the provisions of this Section shall be subject to all applicable rules and regulations and any circumstances over which franchisee shall have no control.

(Ord. 1976-2, 6/3/1976, §19)

§13-319.     Federal Communications Commission.

Franchisee’s distribution system shall conform to the requirements of the Federal Communications Commission, particularly with respect to freedom from spurious radiation.

(Ord. 1976-2, 6/3/1976, §20)

§13-320.     Uniform Signals.

The antenna, receiving and distribution equipment shall be installed and maintained so as to provide pictures on subscriber receivers throughout the system, essentially of the same quality as those received at the antenna site.

(Ord. 1976-2, 6/3/1976, §21)

§13-321.     Color Signals.

Installation and maintenance of equipment shall be such that standard NTSCcolor signals shall be transmitted with ful fidelity to any subscriber color receiver.

(Ord. 1976-2, 6/3/1976, §22)

§13-322.     Forfeiture.

1. In the event of the failure of franchisee to render community antenna television service to the Borough as contemplated and provide for by this Part, Borough shall have the right, pursuant to the provision of §13-324 hereof, to declare its franchise and the rights granted thereunder forfeited; provided, however, that failure to render such service by reason of causes beyond the reasonable control of franchisee, which could not be anticipated at the time of its acceptance of its franchise, shall not be sufficient grounds to declare a forfeiture.

2. Upon the termination of its franchise =, franchisee shall remove its equipment from such public ways and places in Borough and shall restore such public ways and places to their original conditions.

(Ord. 1976-2, 6/3/1976, §23)

§13-323.    Insurance.

1. Franchisee shall carry insurance in such form and in such companies and shall furnish to Borough such certificates of insurance as shall be approved or required by the Solicitor of Borough to protect Borough and itself from and against and and all claims for injury or damages to persons or property, both real and personal, caused by the establishment, erection, operation, or maintenance of its system and the amount of such insurance against liability due to damage to property shall not be less than $100,000 as to any one person and $200,000 as to any one occurrence and against liability due to injury or death of persons, $100,000 as to any one person and $300,000 as to any one occurrence.

2. Franchisee, upon receipt of due notice, in writing, from Borough shall defend at its own expense any action or proceedings against Borough in which it is claimed that the injury or damage arose from the maintenance of franchisee’s system and from against all claims against Borough arising out of the awarding of a franchise pursuant to this Part.

(Ord. 1976-2, 6/3/1976, §24)

§13-324.     Revocation of Franchise.

If Borough shall contend that franchisee shall have failed to comply with any material provision of this Part, its franchise or any resolution, regulation, ordinance, or rule adopted pursuant hereto or shall have by act or omission, materially violated and provision of any of foregoing, Borough shall give to franchisee shall, thereafter, have a period of 1 month following receipt of the written notice to remedy the alleged breach. If the alleged breach which shall be subject of the written notice, shall be one which shall require more than 1 month to remedy, franchisee shall be deemed to have complied with the provisions of this Section if action to remedy the alleged breach shall have been commenced within 1 month following receipt of the written notice and shall be prosecuted by franchisee with all possible diligence. If franchisee shall not have remedied the alleged breach or commenced action to remedy the alleged breach within 1 month following receipt of the written notice, or if the action to remedy the alleged breach shall have been commenced but shall not be prosecuted with all possible diligence, Borough after public hearing, written notice of the time and place of which shall be given to franchisee, shall have the authority to declare null and void the right, privilege and franchise granted by this Part and also the authority to pursue such other legal or equitable remedies as Borough shall determine. In all cases involving termination of this Part, franchisee shall be afforded all due process of law.

(Ord. 1976-2, 6/3/1976, §25)

§13-325.     Nonexclusive.

This Part does not contemplate the awarding of an exclusive franchise.

(Ord. 1976-2, 6/3/1976, §26)

Chapter 14 – Mobile Homes and Mobile Home Parks

(See Chapter 4, Part 3, §4-344 and Chapter 22, Subdivision and Land Development)

Chapter 15 – Motor Vehicles and Traffic

Part 1: General Regulations

§15-101.     Definitions and Interpretation.

1. Words and phrases, when used in this Chapter, except for Sections or parts 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-102.     Manner of Adopting Permanent Traffic and Parking Regulations.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-103.     Provisions to be Continuation of Existing Regulations.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-104.     Temporary and Emergency Regulations.

1. The Mayor or Officer in charge shall have the following powers to regulate traffic and parking temporarily and in time of emergency:

     A. In the case of fire, flood, storm, or other emergency, to establish temporary traffic and/or parking regulations; and,

     B. 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.

2. 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 for a violation of such nature, and, in case of a violation for which no specific penalty is set forth n the aw or elsewhere in this Chapter, to a fine of not more than $25 together with costs of prosecution.

(Ord. 2003-02, 12/3/2003, §1)

§15-105.     Experimental Regulations.

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 propers signs and markings. Such regulations, prohibitions, and restrictions shall be effective as if they had been specified in this Chapter. No person shall operate and no person shall move, remove, destroy, or deface and 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 $25 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-106.     Traffic on Streets Closed or Restricted for Construction, Maintenance, or Special Events.

1. The 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. The 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-107.     Use of Streets by Processions and Assemblages.

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. It 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 or Officer in charge, which shall be issued without fee. Application for the permit shall be made at least 1 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 3 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 or Officer in charge, which shall be issued without fee. Application for the permit shall be made at least 2 weeks in advance of the day when the procession is proposed to be held, but in any case where the State-designated highway is proposed to be used, application shall be made at least 3 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 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-108.     Authority of Police Officers.

The police officers of the Borough are hereby authorized to direct traffic on the highways of the Borough and at intersections thereof and to otherwise enforce the provisions of this Chapter.

(Ord. 2003-02, 12/3/2003, §1)

§15-109.     Authorization for Use of Speed Timing Devices.

1. The Borough Police Department is hereby authorized to use all 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, in accordance with Title 75, Pa. C.S.A. §3368.

2. 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 Pa. C.S.A. §6101 et seq., (1977), as hereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania.

(Ord. 2003-02, 12/3/2003, §1)

Part 2: Traffic Regulations

§15-201.     Maximum Speed Limits Established on Certain Streets.

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:

StreetBetweenMaximum Speed Limit
Conn StreetNorwest Avenue west to end25
Cross StreetEight Street south to end25
Eighth Street Cross Street east to end25
Eighth StreetCross Street west to end25
Eighth StreetMilford Street to end of Eighth Street west15
Fifth StreetMilford Street east to end25
First StreetFrom bridge to end of road25
Fourth StreetFrom end of road east to Tuscarora Street25
Main StreetRailroad tracks south to 8th Street25
Market Street8th Street to north Borough line25
Market Street8th Street to south Borough line35
Market Street Pa. 75 south and north7th Street to end of Point Service Station south25
Milford StreetRailroad tracks to south on 33325
Milford Street7th Street to 9th Street25
Ninth StreetMilford Street west to end25
Norwest AvenueMilford Street west to end25
Second StreetMilford Street east to East Tuscarora Street25
Seventh StreetMilford Street east to end25
Sixth StreetFrom Fultz Carpets to end25
Third StreetFrom Miller’s garage to Tuscarora Street25
Third StreetMilford Street to west end 15
Town LaneEighth Street south to Pa. 7525
Tuscarora StreetFrom railroad tracks south to end15

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-202.     Maximum Speed Limits Established on Certain Bridges and Elevated Structures.

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 StructureLocationMaximum Speed Limit
First StreetFirst Street25

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-203.     Maximum Speed Limits Established on Certain Vehicles on Hazardous Grades.

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 sped in excess of that established in this Section for that grade, and, if so stated for a particular grade, the driver of every such vehicle shall stop the vehicle before proceeding downhill:

StreetBetweenDirection of TravelMaximum Gross WeightMaximum Speed LimitRequired to Stop Before Proceeding Downhill
None

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-204.     Maximum Speed Limits Established in Parks.

1. A speed limit of 15 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:

ParkStreetLocationMaximum Speed Limit
Moyer Park4th Street extended from Tuscarora Street to end15

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-205.     Traffic Signals at Certain Locations.

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:

LocationType of Signal
None

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-206.     Intersections Where Turn Prohibited on Red Signal.

1. The following are established as intersections where drivers of vehicles headed in the direction or directions indicated are prohibited from making a right turn (or a left turn from a one-way street into another one-way street) on a steady red signal:

IntersectionVehicles Traveling OnFacing
None

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-207.     One-Way Streets Established.

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:

StreetFromToDirection of Travel
Second StreetMarket StreetMilford StreetWest
Second StreetMarket StreetMain StreetEast
Second StreetMarket StreetWester property line of 115 Second StreetEast

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-208.     Turning at Certain Intersections Prohibited or Restricted.

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:

Vehicles Traveling OnDirection of TravelNot to Make TurnIntoWhenType of Vehicle Applicable To
First StreetEastLeftPa. 75All timesAll
Market St.Parallel to Market StreetBetween 2nd Street and 4th StreetOnto alleys that exist onto Market StreetAll timesAll

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-209.     Right Turns Only Permitted at Certain Intersections.

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:

Vehicles Traveling OnDirection of TravelTimesNot To Make Left Turn Into or Travel Straight Across
None

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-210.     U-Turns Prohibited at Certain Locations.

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:

StreetPortionDirection of Travel
None

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-211.     No Passing Zones Established.

1. It shall be unlawful for the driver of any vehicle driving in the same direction to overtake or pass another vehicle on all  Borough streets, alleys, highways, and traffic ways of whatever kind and nature.

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-212.     Through Highways Established.

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 §§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:

HighwayBetween
Main StreetSouth Borough line to north Borough line
Market StreetSouth Borough line to north Borough line

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-213.    Stop Intersections Established.

1. The following intersections (in addition to intersections with the through highways established by §212) 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 or through street) on the first-named (the top 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 §3323(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.

Stop StreetIntersection or Through StreetDirection of Travel
Court LaneRoute 333North side of Route 333
Cross StreetEighth Street South side of Eighth Street
Eighth StreetMarket StreetEast and west side of Market Street
Eighth StreetMilford StreetEast and west of Milford Street
Eighth StreetMain StreetEast and west side of Main Street
Fifth StreetMilford StreetEast and west side of Milford Street
Fifth StreetMain StreetEast and west side of Main Street
Fifth StreetMarket StreetEast and west side of Market Street
First StreetRoute 75 and First StreetWest side of Route 75
Fourth StreetMarket StreetEast and west side of Market Street
Fourth StreetMilford StreetEast and west side of Milford Street
Main StreetRoute 75North and south side of Route 75
Main StreetEighth StreetNorth and south, 4-way
Milford StreetEighth StreetNorth and south side of Eighth Street
Milford StreetRoute 333North side of Route 333
Ninth StreetMilford StreetEast and west side of Milford Street
Second StreetTuscarora StreetWest side of Tuscarora Street
Second StreetMain StreetEast and west sides to Main Street
Seventh StreetMain StreetEast and west side of Main Street
Seventh StreetMilford StreetEast and west side of Milford Street
Seventh StreetMarket StreetEast and west side of Main Street
Sixth StreetMilford StreetEast and west side of Milford Street
Sixth StreetMain StreetEast and west side of Main Street
Sixth StreetMarket StreetEast and west side of Market Street
T-370First StreetEast
Third StreetMarket StreetEast and west side of Market Street
Third StreetMilford StreetEast and west side of Milford Street
Third StreetMain StreetEast and west side of Main Street
Third StreetTuscarora StreetEast and west side of Tuscarora Street
Tuscarora StreetFifth StreetWest

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-214.     Yield Intersections Established.

1. The following intersections (in addition to intersections with the through highways established by §212) 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 §3323(c) of the Vehicle Code, and then yield the right-of-way as required by that subsection of the Vehicle Code.

Yield StreetThrough StreetDirection of Travel
None

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-215.     Operation of Motor Vehicles Restricted on Public Lands.

1. No motor vehicle including a motorcycle, pedalcycle, or minibike shall be operated on any property owned by the Borough or any other public agency or instrumentality within the Borough without the permission of the property owner and a permit from the Mayor or Officer in charge of the Borough.

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-216.     Rotary Traffic Islands Established.

The following locations 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:

Location
None

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-217.     Play Highways Established and Authorized.

1. The following areas upon the streets in the Borough are established as play highways:

StreetBetweenDaysHours
None

2. The Mayor or Officer in charge 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 or Officer in charge.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-218.     Snowmobile Roads Designated.

1. The following roads and streets within the Borough are designated as special snowmobile roads:

Street or RoadBetweenUsed by Snowmobiles Only When Closed to Vehicular TrafficShared With Vehicular Traffic
None

2. It shall be unlawful for any person to operate a snowmobile on any highway, street, or road in the Borough other than as provided above. Provided, nothing in this Section shall prohibit any person from operating a snowmobile on any other street in the Borough:

     A. As authorized by §7721 of the Vehicle Code for emergency and bridge crossings and for direct crossing of streets or two-lane highways; or

     B. For special snowmobile events where authorized in advance and the street is blocked off as provided in §7723 of the Vehicle Code. Any person who violates any provision of this Section shall be subject to the penalties prescribed in §7752(a) of the Vehicle Code.

(Ord. 2003-02, 12/3/2003, §1)

§15-219.     Engine Retarder Brakes.

The use of engine retarder brakes within the Port Royal Borough limits is prohibited as posted.

(Ord. 2003-02, 12/3/2003, §1)

Part 3: Restrictions on Size, Weight, and Type of Vehicle and Load

§15-301.     Vehicle Weight Limits Established on Certain Streets and Bridges.

1. On the following bridges and streets or parts of streets, by authority granted by §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 BridgeBetweenMaximum Gross Weight
None

2. Any person who violates any provision of this Section shall be prosecuted under §§4902(a) and 4902(g-1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight, and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-302.     Restrictions on Size of Vehicles on Certain and Bridges.

1. On the following bridges and streets or parts of streets, by authority granted by §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 BridgeBetweenRestrictions
None

2. Any person who violates any provision of this Section shall be prosecuted under §§4902(a) and 4902(g-1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of $75 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-303.     Restrictions as to Weight and Size of Vehicles on Certain Streets and Bridges.

1. By reason of hazardous traffic conditions and other safety factors, by authority granted by §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.

Street or BridgeBetweenRestrictions
None

2. Any person who violates any provision of this Section shall be prosecuted under §§4902(b) 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-304.     Truck Traffic Restricted on Certain Streets.

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:

StreetBetween
3rd StreetMarket Street and Milford Street

    Provided, nothing in this Section shall prohibit any person from driving an emergency vehicle on any of those 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.

(Ord. 2003-02, 12/3/2003, §1)

Part 4: General Parking Regulations

§15-401.     Vehicles to be Parked Within Marked Spaces.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-402.     Parking Prohibited at All Times in Certain Locations.

Parking shall be prohibited at all times in the following locations:

StreetSideBetweenType of Sign
3rd StreetSouthFrom Market Street to J.V. Bank drive-in exitPainted yellow curbing
All AlleysNo parking at any times
Cross StreetEast and westIntersection with Eighth Street through its intersection with Pa. Route 333
Eighth StreetNorth and SouthNo parking this side
E. Fourth StreetSouthNo parking this side
W. Fourth StreetSouthMilford to end Borough lineNo parking this side
W. Fourth StreetNorthMarket and MilfordNo parking this side
Market Street West2nd Street to alleyPainted yellow curbing
Milford StreetWest3rd Street to 4th StreetPainted yellow curbing
Second StreetSouth side of 2nd StreetMain Street to Tuscarora StreetNo parking this side
Third StreetNo parking either side

(Ord. 2003-02, 12/3/2003, §1)

§15-403.     Parking Prohibited in Certain Locations and Certain Days and Hours.

Parking shall be prohibited in the following locations at all times on the days and between the hours indicated in this Section, as follows:

StreetSideBetweenDaysHoursParking Time Limit
Fourth StreetNorthCorner of Milford Street and Fourth Street to cul-de-sac on Fourth StreetSaturday5 p.m. to 12 p.m.Races Only
Fourth StreetSouthMarket Street to Main StreetEveryday except SundayChurch Only
Market StreetWestThird Street to alleyEveryday except Sunday8 a.m. to 5 p.m.1 hour
Market StreetEastThird Street to alleyEveryday except Sunday8 a.m. to 5 p.m.1 hour
Market StreetEast and WestThird Street to Fifth StreetEveryday except Sunday8 a.m. to 5 p.m.1 hour
Market StreetNorth and South2nd Street to Third StreetEveryday except Sunday8 a.m. to 5 p.m.1 hour
Milford StreetEastFourth Street to Third StreetSaturday5 p.m. to 12 p.m.Races Only
Second StreetNorthIn front of Kohler’s Farm Supply from unimproved alley to Main StreetAll8 a.m. to 7 p.m.1 hour

(Ord. 2003-02, 12/3/2003, §1)

§15-404.     Parking of Trucks, Buses, and Certain Other Vehicles Prohibited in Certain Locations .

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):

StreetBetween
None

(Ord. 2003-02, 12/3/2003, §1)

§15-405.     Parking Time Limited in Certain Locations, Certain Days, and Certain Hours.

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:

StreetSideBetweenDaysHours
None

(Ord. 2003-02, 12/3/2003, §1)

§15-406.     Special Purpose Parking Zones Established; Parking Otherwise Prohibited.

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:

StreetSideLocationAuthorized Purpose or Vehicle
300 Block Market StreetWestFront of Little CafeHandicap
100 Block West 4th StreetSouthSide of Port Royal Lutheran ChurchHandicap
100 Block 4th StreetNorthSide of Port Royal Presbyterian ChurchHandicap

§15-407.     Standing or Parking on Roadway for Loading or Unloading.

It shall be unlawful for any person to stop, stand, or park a vehicle (other than a pedalcycle) 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 on the following named streets on Monday through Saturday, between the hours of 9 a.m. and 11:30 a.m. and between the hours of 1:30 p.m. and 4 p.m., and for no longer than necessary for the loading or unloading.

StreetSideBetween
None

(Ord. 2003-02, 12/3/2003, §1)

§15-408.     Angle Parking Required on Portions of Certain Streets.

1. Only angle parking shall be permitted on the following portions of streets:

StreetSideBetween
None

2. On all streets where angle parking is required, every vehicle parked at the angle shall be parked with its front nearest the curb.

(Ord. 2003-02, 12/3/2003, §1)

§15-409.     Residential Permit Parking.

1. Findings and Purposes. The Borough finds that:

     A. Certain residential areas in the Borough are subjected to commuter vehicle parking, therefore, depriving the residents of those areas of spaces in which to park their own vehicles;

     B. Those residential streets are also subjected to a high degree of commuter traffic which substantially reduces the quality of the ambient air level; and,

     C. The establishment of a parking permit program for certain affected areas should facilitate efficient movement of traffic by providing for parking preference during certain hours of the day and days of the week. Therefore, the Borough considers it to be in the interest of the people of the Borough to provide for the establishment of a residential permit parking program to insure primary access to available parking spaces by neighborhood residents and also to provide a cleaner ambient air level.

2. Definitions. For the purpose of this Section, words and terms listed in this subsection, as follows, shall have the following meanings:

     COMMUTER VEHICLE – a motor vehicle parked in a residential area by a person not a resident of that residential area;

     PROPRIETOR – a person who owns or leases real estate within a residential area of which he is not a resident, but who owns or manages a business enterprise or professional office maintained at that address; for the purpose of this Section, a proprietor shall be entitled to one parking permit for that business or professional office address;

     RESIDENT – a person who owns or leases real property within a residential area and who maintains either a voting residence, or bona fide occupancy, or both, at that address;

     RESIDENTIAL AREA – a contiguous are containing public highways or parts of public highways primarily abutted by residential property or residential and non-business property (such as schools, parks, places of worship, hospitals, and nursing homes).

3. Criteria. The residential areas designated in subsection (4) of this Section are those deemed impacted and hence eligible for residential parking on the basis of the following criteria:

     A. During any period between the hours of 7 a.m. and 6:30 p.m., Monday through Saturday, except legal holidays, the number of vehicles parked (or standing), legally or illegally, on the streets in the area is equal to 70% or more of the legal, on-street parking capacity of the area. For the purpose of this criterion, a legal parking space shall be 20 linear feet.

     B. During the same period as specified in subsection (A), directly above, 10% or more of the vehicles parked (or standing) on the streets in the area are not registered in the name of a person residing in the area. For the purpose of this criterion, the latest available information from the Bureau of Motor Vehicles and Licensing of the Pennsylvania Department of Transportation regarding registration of motor vehicles shall be used.

          Provided, in determining that a specific area identified as impacted and eligible for residential permit parking is designated as a residential  permit parking area, the following factors are taken into consideration:

               (1) The local and metropolitan needs with respect to clean air and environment;

               (2) The possibility of a reduction in total vehicle miles driven in the Borough;

               (3) The likelihood of alleviating traffic congestion, illegal parking, and related health and safety hazards;

               (4) The proximity of public transportation to the residential area;

               (5) The desire and need of the residents for residential permit parking and their willingness to bear the administrative costs in connection with it; and,

               (6) The need for parking in excess of the residential permit parking program in proximity to establishments located in the residential permit parking area and used by the general public for religious, health, or educational purposes.

4. Designation of Residential Permit Parking Areas. The following are designated as residential permit parking areas:

AreaBounded By and Including
None

Signs shall be erected along the streets in each residential permit parking area, indicating the days, hours, locations, and conditions under which parking shall be by permit only.

5. Application for Permit. Application for a residential parking permit shall be made to the Officer in charge by the person desiring the permit, who shall be only the owner or the driver of a motor vehicle who resides on or is a proprietor of property immediately adjacent to a street or other location within a residential parking permit area. A separate application shall be required for each motor vehicle, and each application shall be accompanied by a permit fee, set pursuant to a resolution of the Borough Council, which shall be for the use of the Borough, to be applied to the cost of administering the residential permit parking program. Each driver, as the case may be,, of the motor vehicle; the address of the resident or the proprietor, as the case may be; the make, model, and registration number of the motor vehicle; and the driver number as taken from the applicant’s current driver’s license. At the discretion of the Officer in charge, the applicant shall be required, at the time of making application, to present his driver’s license and the vehicle registration card.

6. Issuance of Permit. Upon receipt of the application and the permit fee, and determination by him that the information upon the application shows that the applicant is entitled to a residential parking permit, the Officer in charge shall issue to the applicant is entitled to a residential parking permit, which shall be valid for the remainder of the calendar year. The permit shall display the serial and registration numbers of the motor vehicles, the residential parking area number, and the expiration date, upon making application for renewal and payment of the permit fee. It shall be unlawful and a violation of this Section for any person to display other than the current and valid permit while standing or parking in a residential permit parking area at any time when those permits are to be displayed.

7. Temporary and Exemption Parking Permits. Temporary parking permits may be issued by the Officer in charge, upon payment of a fee established pursuant to a resolution, to bona fide visitors of residents of a designated residential permit parking area, and exemption parking permits may be issued, without payment of a fee, to handicapped persons.

8. Responsibility of Permit Holder.

     A. Notwithstanding any provision of this Section to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle operated by him in any designated residential parking area during those times when parking of motor vehicles is permitted in that area. While a vehicle for which a residential parking permit has been issued is so parked, that permit which a residential parking permit has been issued is so parked, that permit shall be displayed so as to be clearly visible through the windshield of the vehicle. A residential parking permit shall not guarantee or reserve to the holder a parking space within a designated residential permit parking area.

     B. A residential parking permit shall not authorize its holder to stand or park a motor vehicle in any place where or at any time when stopping, standing, or parking of motor vehicles is prohibited or set aside for other specified types of vehicles, nor shall the permit exempt its holder from the observance of any traffic or parking regulation other than residential permit parking regulation or restriction.

     C. No person other than the permit holder whose name appears on the permit shall use a residential parking permit or display it on a vehicle operated; any such use or display by a person other than the permit holder shall constitute a violation of this Section by the permit holder and by the person who so used or displayed the parking permit.

     D. It shall constitute a violation of this Section for any person falsely to represent himself as eligible for a residential parking permit or to furnish false information in an application to the Officer in charge in order to obtain a residential parking permit.

          (1) Revocation of Permits. The Officer in charge shall have authority to revoke the residential parking permit of any permit holder found to be in violation of any provision of this Section. Upon written notification to him of the revocation, the permit holder shall surrender the permit to the Officer in charge. Failure to do so, when so requested, shall constitute a violation of this Section. Provided: any person receiving such a notice may, within 10 days after the date of the notice, appeal to the Borough Council for a hearing on the revocation, and the decision of the Borough Council shall be final.

(Ord. 2003-02, 12/3/2003, §1)

§15-410.     Penalties.

Any person who violates any provision of this Part shall, upon conviction, be sentenced to pay a fine of not not more than $50 and costs. Provided: it shall be the duty of the police officers and of parking enforcement personnel of the Borough to report to the appropriate official 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.

(Ord. 2003-02, 12/3/2003, §1)

Part 5: Off-Street Unmetered Parking

§15-501.     Unmetered Parking Lots Established.

The following are established at the unmetered parking lots operated by the Borough:

LotLocationMaximum Parking TimeDays in OperationHours in Operation
None

(Ord. 2003-02, 12/3/2003, §1)

§15-502.     Reserved Parking Spaces for Handicapped May be Provided.

The Borough Council at its discretion, may provide, at convenient and suitable locations in one or more of the unmetered parking lots, reserved parking spaces for handicapped, and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this Part, for any person to park in any such reserved parking space, any vehicle unless that vehicle bears or displays either: a “handicapped registration plate”, a “handicapped parking placard”, or a “disabled vetern placard”. Provided: all provisions, requirements and restrictions contained in the other Sections of this Part shall apply to vehicles lawfully parked in reserved parking spaces for handicapped.

(Ord. 2003-02, 12/3/2003, §1)

§15-503.     Unlawful to Park Overtime or When Lot Closed.

It shall be unlawful for any person to park a vehicle, or to allow a vehicle to remain parked in any unmetered parking lot:

     A. For longer than the maximum parking time prescribed by §501 of this Part.

     B. At any time when the lot is not in operation and is closed to public use.

(Ord. 2003-02, 12/3/2003, §1)

§15-504.     Unmetered Lots for Certain Types of Vehicles.

The unmetered parking lots established by §501 of this Part shall be for the use of passenger cars, passenger vans, and pickup trucks only, and it shall be unlawful for any person to park any other kind or class of vehicle in any such lot.

(Ord. 2003-02, 12/3/2003, §1)

§15-505.     Manner of Parking.

Every vehicle parked in an unmetered parking lot shall be parked wholly within the lines bounding or marking the individual parking space assigned to that vehicle, and shall be parked headed into the parking space. It shall be unlawful for any person:

     A. To park a vehicle in a space not rented by him.

     B. To park a vehicle otherwise than as required by this Section.

     C. To park a vehicle elsewhere than in an individual parking space, the prohibited areas including, but not limited to, the access and exit driveways and turning and maneuvering spaces.

(Ord. 2003-02, 12/3/2003, §1)

§15-506.     Parking on Rental Basis Only.

The parking spaces in the unmetered parking lots shall be available for parking on a monthly rental basis only. The rental fee shall be fixed by the Borough Council pursuant to a resolution and shall be for a calendar month or the part of a calendar month remaining after the rental arrangements are made. The rental fee shall be paid in advance to the Borough Secretary for the use of the Borough, and after the first month shall be automatically renewable until the renter notifies the Borough that he wishes to terminate the rental arrangements. At any time, however,  the Borough may, by amending §501 of this Part, discontinue provision of a specific unmetered parking lot or a portion of the parking spaces in any such lot, or may change any unmetered parking lot, or part of an unmetered parking lot, to a metered parking lot or to metered parking spaces. The rental parking spaces shall be assigned by the Borough Secretary. The name of the render of a parking space and/or the numbers and/or letters on the registration tag of the vehicle entitled to be parked there shall be posted by the Borough at the rental space or shall be painted on the surface of that parking space.

(Ord. 2003-02, 12/3/2003, §1)

§15-507.     Penalty for Violation.

1. The police officer or other person making the report shall also place on or attach to the vehicle a notice to the owner or driver of the vehicle  that the vehicle was parked in violation of this Part, and instructing the owner or driver that if he will report to the office of the Chief of Police and pay , for the use of the Borough, the sum of $_________ within _______ hours after the time of the notice, or will place the sum of $_________ enclosed within the envelope provided, in any of the special parking fine boxes installed at various locations within the Borough, within that time limit, that act will save the violator from prosecution and from payment of the fie prescribed in subsection (2) hereof.

2. Any person who violates any provision of this Part and who fails to pay the fine set forth in this Section, shall be cited within 15 days of the violation and upon conviction, be sentenced to pay a fine of not more than $15 and costs.

(Ord. 2003-02, 12/3/2003, §1)

Part 6: Removal and Impoundment of Illegally Parked Vehicles

§15-601.     Applicability and Scope.

This Part is enacted under authority of §6109(a-22) of the Vehicle Code, and gives authority to the Borough to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this Chapter. Vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others, may be towed under the provisions of the Pennsylvania Vehicle Code.

(Ord. 2003-02, 12/3/2003, §1)

§15-602.     Authority to Remove and Impound.

The Borough shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in §601 of this Part. Provided: no such vehicle shall be removed or impounded except in strict  adherence to the provisions of this Part, or the provisions of the Pennsylvania Vehicle Code.

(Ord. 2003-02, 12/3/2003, §1)

§15-603.     Tow Away Zones Designated.

The following designated streets and/or parking lots are hereby established as tow-away zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Borough parking regulations:

Location
In front of Friendship Fire Company No. 1 on Third Street
In front of Port Royal E.M.S. Building on cored of 3rd and Milford Streets

(Ord. 2003-02, 12/3/2003, §1)

§15-604.     Designation of Approved Storage Garages, Bonding, Towing, and Storage.

Removal and impounding of vehicles under this Part shall be done only by “approved storage garages” that shall be designated from time to time by the Borough Council. Every such garage shall submit evidence to the Borough Council that it is bonded or has acquired liability insurance in an amount satisfactory to the 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 the Borough Council its schedule of charges for towing and storage of vehicles under this Part, and, when the schedule is approved by Borough Council, those charges shall be demanded of or collected from any person whose vehicle is removed or impounded under this Part by any approved storage garage, the 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 Part.

(Ord. 2003-02, 12/3/2003, §1)

§15-605.     Payment of Towing and Storage Charges.

The payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provision of this Part for which the vehicle was removed or impounded.

(Ord. 2003-02, 12/3/2003, §1)

§15-606.     Reclamation Costs.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-607.     Records of Vehicles Removed and Impounded.

The Borough 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-608.     Restrictions Upon Removal of Vehicles.

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.

(Ord. 2003-02, 12/3/2003, §1)

§15-609.     Penalty for Violation.

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 seq., (1977) as hereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania.

(Ord. 2003-02, 12/3/2003, §1)

§15-610.     Reports and Disposition of Unclaimed Vehicles.

If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with §7311 of the Vehicle code, by the person having legal custody of the vehicle. If the vehicle has not been claimed after 30 days, the vehicle may be transferred to a license Salvor who will then be responsible for filing the proper reports and disposing of the vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75 Pa C.S.A.  §101 et seq., as amended).

(Ord. 2003-02, 12/3/2003, §1)

Part 7: Snow and Ice Emergency

§15-701.     Declaration of Snow and Ice Emergency.

In order to facilitate the movement of traffic and to combat the hazards of snow and ice on the snow emergency routes named in §703 of this Part, the Mayor or Officer in charge, in his discretion, may declare a snow and ice emergency (designated in this Part as a “snow emergency”). Information on the existence of a snow emergency shall be given by the Borough through radio, newspaper, or other available media, and information on the termination of the emergency may be given by use of the same media.

(Ord. 2003-02, 12/3/2003, §1)

§15-702.     Parking Prohibited, Driving Motor Vehicles Restricted on Snow Emergency Routes During Emergency.

After any snow emergency is declared, it shall be unlawful, at any time during the continuance of the emergency, for any person”

     A. To park a motor vehicle or to allow that vehicle to remain parked anywhere on any snow emergency route designated in §703 of this Part; or,

     B. To drive any motor vehicle on any such snow emergency route, unless that vehicle is equipped with snow tires or chains.

(Ord. 2003-02, 12/3/2003, §1)

§15-703.     Snow Emergency Routes Designated.

The following are designated as snow emergency routes:

StreetBetween
None

(Ord. 2003-02, 12/3/2003, §1)

§15-704.     Penalty for Violation.

1. If, at any time during a period of snow emergency declared under §701 of this Part, a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of not more than $15 and costs.

2. If, at any time during a period of snow emergency declared under §701 of this Part, a person shall drive a motor vehicle upon a snow emergency route, without having that vehicle equipped with snow tires or chains, that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine fo $25 and costs.

(Ord. 2003-02, 12/3/2003, §1)

Part 8: Regulation of Pedacylces and Nonmotorized Vehicles

§15-801.     Riding and Parking of Pedacylces on Sidewalks and Along Certain Streets Prohibited.

1. It shall be unlawful for any person to ride or to park a pedalcycle on the sidewalk along the following portions of the streets in the Borough:

StreetSideBetween
None

2. Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $5 and costs.

(Ord. 2003-02, 12/3/2003, §1)

§15-802.     Restrictions on Use of Pushcarts.

1. The word “pushcart”, as used in this Section, shall mean a vehicle , including pedalcylce, 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 the Borough Council as provided in subsection (3) 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 passerby under permit from the Borough 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 set by the Borough Council pursuant to a resolution. The permit shall be granted to the applicant, upon payment of the fee, and upon his signing an agreement with the Borough Council and made a part of the Permit, dealing with the following matters:

     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;

    C. 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.

(Ord. 2003-02, 12/3/2003, §1)

§15-803.     Skates, Skateboards, Coasters, Sleds, and Other Toy Vehicles.

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 §105 of Part 1 or §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 roller-skating, skateboarding, 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 subsection shall preventa 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.

(Ord. 2003-02, 12/3/2003, §1)

Part 9: Pedestrian Regulations

§15-901.     Pedestrian-Control Signal Locations Established.

1. At the following locations, official pedestrian-control signals shall be erected (or are ratified if previously erected):

Location
None

2. Every pedestrian facing a steady or flashing “Don’t Walk” signal shall obey the directions of that signal, as follows:

     A. When facing a steady “Don’t Walk” signal, a pedestrian shall not start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his crossing on the “Walk” signal should proceed to a sidewalk or safety zone while the “Don’t Walk” signal is showing.

     B. When facing a flashing “Don’t Walk” signal a pedestrian shall not start to cross the roadway in the direction of the indication, but any pedestrian who has partly completed crossing during the “Walk” indication should proceed to a sidewalk or safety zone.

Any pedestrian who fails to obey the directions of a “Don’t Walk” signal, as indicated above, shall be guilty of an offense and a violation of this Part.

(Ord. 2003-02, 12/3/2003, §1)

§15-902.     Locations Where Pedestrian Crossing in Unmarked Crosswalks Restricted.

Except when authorized by a police officer or other appropriately attired person authorized to direct, control or regulate traffic, it shall be unlawful for any pedestrian to cross the roadway at any of the following streets, at the intersection with that street indicated.

StreetIntersectionDirection of Travel
None

(Ord. 2003-02, 12/3/2003, §1)

§15-903.     Locations Where Pedestrian May Cross Only in Crosswalk.

It shall be unlawful for any pedestrian:

     A. To cross any roadway in a business district within the Borough except in a crosswalk;

     B. To cross the roadway, in any of the following portions of streets in the Borough, except in a crosswalk:

StreetBetween
None

Provided, nothing in this Section shall permit any pedestrian to cross in a crosswalk at any location where that crossing is prohibited by §901 of this Part.

(Ord. 2003-02, 12/3/2003, §1)

§15-904.     Penalty for Violation.

Any pedestrian who violates any provision of this Part shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of $5 and costs.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 16 – Parks and Recreation

(Reserved to Accommodate Future Enactments)

Chapter 17 – Planned Residential Development

(Reserved to Accommodate Future Enactments)

Chapter 18 – Sewers and Sewage Disposal

Part 1: Sewer Rentals or Charges

§18-101.     Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:

     AUTHORITY – Port Royal Municipal Authority, a Pennsylvania municipality authority.

     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 5 days at 20 degrees Centigrade. 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 Port Royal, Juniata County, Pennsylvania, acting by and through it Council or, in appropriate cases, acting by and through its authorized representatives.

     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 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.

     INDUSTRIAL WASTES – any and all wastes discharged from an industrial establishment, other than sanitary sewage.

     OWNER – any person vested with ownership, legal or equitable, sole or partial, of any improved property.

     PERSON – any individual, partnership, company, association, society, corporation or other group or entity.

     pH – the logarithm of reciprocal of the concentration of hydrogen ions, expressed in 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 used or usable for sewage collection purposes.

     SEWER SYSTEM – all facilities, as part of any particular time, for collecting, pumping, treating, or disposing of sanitary sewage and/or industrial wastes, situate in this Borough to be acquired and owned by the Authority and to be leased to this Borough for maintenance and operation, under a proposed agreement of lease, to be dated as of September 15, 1965, by and between the Authority and this Borough and any supplements and amendments thereto.

(Ord. 90, 9/20/1965, §1)

§18-102.     Sewer Rentals or Charges.

1. Effective Date. Sewer rentals are imposed upon and shall be collected from the owner(s) of each improved property which shall be connected to the sewer system, for the use of the sewer system, whether such use shall be direct or indirect, which sewer rentals shall commence and shall be effective as hereinafter set forth in this Part e.g., February of 2000, or as of the at of connection of each such improved property to the herein, in accordance with the following schedule of rates and classifications.

     A. Residential. All owners of private dwelling unit will be billed a flat rate monthly. Any increase in rates will be adopted by resolution. We will not bill tenants only owners, no exceptions will be made. Owners of property can hand bill to tenants or increase their rent to cover water and sewer charges.

     B. Nonresidential. All owner(s) of nonresidential improved properties shall pay sewer rental charges monthly according to the number of Equivalent Dwelling Units they may have. See Appendix “A”.

2. Rates and Charges. Every owner of an improved property connected to the water system and/or sewer system shall pay charges for water service and sewer service at reasonable rates as established by resolution of the Borough Council, for periods not longer than monthly. Each charge shall be due and payable not more than 30 days after billed and shall be increased by a penalty of 5% if not paid when due.

3. Turn-Off and Turn-On Fees.

     A. The Borough shall have the right to discontinue water service and/or sewer service to an improved property for which fees or charges are delinquent, after the customer’s failure to pay within a period of 30 days from the date of notice.

     B. Whenever the Borough exercise such right, it shall charge and collect a turn-off fee and a turn-on fee, in addition to the delinquent fees and charges due, before restoring water service and sewer service to the improved property.

4. Schedule of Fees and Rates. From time to time, by resolution adopted at a public meeting, the Borough shall set the fees and rates imposed under this Part and shall adopt and keep available to the public a schedule of fees and rates.

5. Billing and Collection Procedures. From time to time, by resolution adopted at a public meeting, the Borough shall establish billing and collection procedures for fees and charges imposed pursuant to this Part.

     A. All meters shall be read monthly and billed before the 15th day of the following month.

     B. All bills for water service and/or sewer service shall be sent to the address given on the application for service or of the occupant of the property which is being serviced. Failure of the occupant of the property to make proper payment shall result in a lien upon the real estate served by this water service and/or sewer service. Failure to receive bill so addressed shall not excuse nonpayment nor permit any extension of the period during which the bill is payable at a net or discounted amount.

     C. All payments must be received at the bank or the Borough office on or before 11 a.m. on the date due for proper credit.

(Ord. 90, 9/20/1965, §2; as amended by Ord. 2/6/1969B; by Ord. 1/7/1974B, by Ord. 6/2/1978; by Ord. 8/2/1979B, by Ord. 12/6/1979B, by Ord. 12/2/1982, by Ord. 1/3/1985, by Ord.6/5/1990, by Ord. 1991-1, 8/6/1991, §1; by Ord. 1993-4, 12/30/1992; by Ord.1995-1, -/-/1995; by Ord. 1997-3, 2/6/1997, §1; by Ord. 1999-1, 3/3/1999; and by Ord. 2003-02, 12/3/2003, §1)

§18-103.     Payment; Terms of Payment.

1. All service charges for the use of water and sewer service are due and payable monthly. A penalty fee of 5% will be added to bills unpaid after 15 days from the date of the bill.

2. All bills for water and sewer service shall be rendered and payable monthly. Any bill not paid after 15 days from the date of the bill shall be subject to a 5%% penalty fee.

3. All bills will be mailed to the address designated on the application for service or to the owner of the property and failure to receive bills, when so mailed, will not be considered an excuse for nonpayment not permit an extension of the period during which bills are paid at face. All changes of address shall be promptly reported to the Borough, in writing.

4. The owner of the property serviced shall be responsible to the Borough of Port Royal for payment for all water furnished and sewer service provided to the property, irrespective of any agreement between the property owner and a third party. The Bill shall, in all cases, be rendered to the owner of the property.

5. The Borough Fire Company shall forward a monthly report of gallons pumped for estimated fire usage.

(Ord. 90, 9/20/1965, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§18-104.     Liens for Sewer Rental; Filing and Collection of Liens.

Sewer rentals or charges imposed by this Part 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 Juniata County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.

(Ord. 90, 9/20/1965, §4)

§18-105.     Prohibited Wastes.

1. No person shall discharge or cause to be discharged any stormwater, surface water, spring water, groundwater, roof runoff, sub-surface drainage, building foundation drainage, cellar drainage, drainage from roof leader connections, overflow of drainage from cesspools and unpolluted industrial process waters into any sewer.

2. This Borough reserves the right to refuse permission to connect to 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 discharge deemed harmful or to have a deleterious effect upon any sewer or the sewer system.

3. No sanitary sewage or industrial wastes shall be discharged to the sewer system.

     A. Having a temperature higher than 150 degrees Fahrenheit.

     B. Containing more than 100 ppm of fats, was, oils, or grease, emulsified or not, or any substance which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit.

     C. Containing gasoline. benzine, naptha, fuel oil, or other inflammable or explosive liquids, solids, or gases.

     D. Containing any solid wastes resulting from preparation, cooking, and dispensing of food and from handline, storage, and sale of produce, which wastes commonly 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 ½ inch in any dimension.

     E. Containing any ashes, cinders, paper dishes, paper cups, and paper milk containers, 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 substances capable of causing obstructions or other interferences with proper operation of the sewer system or sewers.

     F. 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.

     G. 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, sewage treatment plant owned by the Authority including, but not limited to, cyanides in excess of 2 mg/1 as CN in the wastes as discharged to the sewer system.

     H. Containing strong acid, iron pickling wastes or concentrated plating solutions, whether naturalized or not.

     I. Containing iron, chromium, copper, zinc, and similar objectionable or toxic substances or substances 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 exceeds the limits established by this Borough, in compliance with applicable State or Federal regulations for such materials.

     J. Containing phenols or other taste or odor producing substances, in such concentrations as may exceed limits established by this Borough in compliance with applicable State or Federal regulations.

     K. Containing any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by this Borough in compliance with applicable State or Federal regulations.

     L. Containing materials which exert or cause:

          (1) Unusual concentrations of inert suspended solids such as, but not limited to, fuller earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

          (2) Excessive discoloration such as, but not limited to, dy, wastes, and vegetable tanning solutions.

          (3) Unusual B.O.D., Chemical Oxygen Demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

          (4) Unusual volume of flow or concentration of wastes.

     M. Containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amendable 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.

4. Where necessary, all owners shall install suitable pretreatment facilities in order to comply with subsection (3) of this Section.

     A. Plans, specifications, and any other pertinent information relating to proposed facilities for preliminary treatment and handling of wastes shall be submitted for approval of this Borough and no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in writing, from this Borough and until approval thereof first shall have been obtained from any governmental regulatory body having jurisdiction.

     B. Whenever facilities for preliminary treatment and handling of wastes shall have been provided by any such owner, such facilities continuously shall be maintained, at the expense of such owner, in satisfactory operating condition and this Borough shall have access to such facilities at reasonable times for purposes of inspection and testing.

5. No person shall install or operate in any improved property connected to the sewer system any garbage grinder equipped with a motor of ¾ horsepower or greater, without prior written approval of this Borough.

6. Nothing contained in this Section shall be construed as prohibiting any special agreements or arrangement between this Borough and any person whereby industrial wastes of unusual strength or character may be admitted into the sewer system by this Borough, either before or after preliminary treatment.

(Ord. 90, 9/20/1965, §5)

§18-106.     Regulations Governing Admission of Industrial Wastes Into the Sewer System.

1. No person shall discharge or cause to be discharged into the sewer system any industrial wastes except upon application to this Borough and upon receipt of a written permit therefor by this Borough.

2. Required Survey Data. 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 this Borough an “Industrial Waste Questionnaire”, to be furnished by this Borough, which shall supply to this Borough pertinent data, including estimated quantity of flow, characteristics and constituents with respect to industrial wastes proposed to be discharged into the sewer system.

3. Control Manholes. Any person who shall discharge industrial wastes into the sewer system, when required by this Borough, shall construct and thereafter properly shall maintain, at his own expense, a suitable control manhole and other devices as may be approved by this Borough to facilitate observation, measurement and sampling by this Borough of industrial wastes discharged to the sewer system an accessible, safe, suitable, and satisfactory location in accordance with plans approved by this Borough prior to commencement of construction.

4. Water Sampling. The strength of wastes to be used for establishing surcharges, if any shall be determined at intervals deemed advisable by this Borough or as may be requested by an industrial establishment. Waste strength shall be determined by estimates of this 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 this Borough. All costs for waste sampling and collection 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 “Standards Methods for the Examination of Water and Sewage”, as published by the AMerican Public Health Association.

5. Changes in Types of Waste. 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 this Borough, in writing, at least 10 days prior to consummation of such discharge.

6. The Borough reserves the right to require industrial establishments having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewer system.

7. This Borough reserves the right to impose surcharges in connection with any industrial waste discharged into the sewer system either by agreement with the owner of the industrial establishment or by modifications or alterations hereto.

(Ord. 90, 9/20/1965, §6)

§18-107.     Access.

This Borough shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling, and testing and for performance of other functions relating to service rendered by this Borough through the sewer system.

(Ord. 90, 9/20/1965, §7)

§18-108.     Adoption of Additional Rules and Regulations.

This Borough reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with the use and operation of the sewer system, which rules and regulations shall be, shall become, and shall be construed as part of this Part.

(Ord. 90, 9/20/1965, §8)

§18-109.     Penalty.

Any person, frim, or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 90, 9/20/1965, §9; as added by Ord. 2003-02, 12/3/2003, §1)

Part 2: Sanitary Sewer Connections

§18-201.     Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part shall be as follows:

     AUTHORITY – Port Royal Municipal Authority, a PEnnsylvania municipality authority.

     BOROUGH – the Borough of Port Royal, Juniata County, Pennsylvania, a Pennsylvania municipality, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.

     BUILDING SEWER -the extension from the sewage drainage system of any structure to the lateral of a sewer.

     IMPROVED PROPERTY – any property located within this Borough upon which there is 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.

     LATERAL – that part of the sewer system extending from a sewer to the curb line or, if there be no curb line, to the property line or, if no such lateral shall be provided, than “later” shall mean that portion of or place in a sewer which is provided for connection of any building sewer.

     OWNER – any person vested with ownership, legal or equitable, sole or partial of any improved property.

     PERSON – any individual, partnership, company, association, society, trust, corporation, or other group or entity.

     SANITARY SEWAGE – normal water-carried household and toilet wastes discharged from any improved property.

     SEWER – any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.

     SEWER SYSTEM – all facilities, as of any particular time, for collecting, transporting, pumping, treating, and disposing of sanitary sewage and industrial wastes situate in this Borough, owned by the Authority and leased to this Borough for operation and use.

(Ord. 88, 9/20/1965, Art. I)

§18-202.     Use of Public Sewers Required.

1. The owner of any improved property benefitted, improved, and accommodated by a sewer shall connect such improved property with such sewer, in such manner as this Borough may require, within 45 days after notice to such owner form this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough, from time to time.

2. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under subsection (1), shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough, from time to time.

3. No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of subsection (1). No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of subsection (1), except where suitable treatment has been provided which is satisfactory to the Borough.

4. No privy vault, cesspool, sinkhole, septic tank, or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under subsection (1) to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank, or similar receptacle in existence shall be abandoned and, at the discretion of the Borough, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Borough and any such privy vault, cesspool, sinkhole, septic tank, or similar receptacle not so abandoned and if required by this Borough, cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.

5. No privy vault, cesspool, sinkhole, septic tank, or similar receptacle at any time shall be connected with a sewer.

6. The notice by this Borough to make a connection to a sewer, referred to in subsection (1), shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each Section hereof and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment upon the owner either by person service or by registered mail or by such other method as at the time may be provided by law.

(Ord. 88, 9/20/1965, Art. II)

§18-203.     Building Sewers and Connections.

1. No person shall uncover, connect with, make any opening into, or use, alter, or disturb in any manner any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Borough.

2. Application for a permit required under subsection (1) shall be made by the owner of the improved property served or to be served.

3. No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:

     A. Such person shall have notified the Secretary of this Borough of the desire and intention to connect such improved property to a sewer.

     B. Such person shall have applied for and obtained a permit as required by subsection (1).

     C. Such person shall have given the Secretary of this Borough at least 24 hours notice of the time when such connection will be made so that this Borough may supervise and inspect the work of connection and necessary testng.

     D. Such person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping fee charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid.

4. Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for god sanitary reasons or other good cause shown and then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations, and conditions as may be prescribed by this Borough.

5. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be borne by the owner of the improved property to be connected and such owner shall indemnify and save harmless this Borough from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to as sewer.

6. A building sewer shall be connected to a sewer at the place designated by this Borough and where the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.

7. If the owner of any improved property benefitted, improved, and accommodate by a sewer after 45 days notice from this Borough requiring the connection of such improved property with a sewer, in accordance with §18-202(1), shall fail to connect such improved property as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.

(Ord. 88, 9/20/1965, Art. III)

§18-204.     Rules and Regulations Governing Building Sewers and Connections to Sewers.

1. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.

2. No building sewer shall be covered until it has been inspected and approved by this Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.

3. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

4. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks, and all other public property distured in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Borough.

5. If any person shall fail or refuse, upon receipt of a notice from this Borough, in writing, to remedy any unsatisfactory condition with  respect to a building sewer, within 45 days of receipt of such notice, this Borough may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Borough.

6. This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this Part.

(Ord. 88, 9/20/1965, Art. IV)

§18-205.     Enforcement.

1. 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 less than $15 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

2. Fines and costs imposed under provisions of his Part shall be enforceable and recoverable in the manner at the time provided by applicable law.

(Ord. 88, 9/20/1965, Art. V; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 3: Grinder Pump Systems

§18-301.     Stipulations.

1. The Tuscarora Manor Subdivision will require the use of a grinder pump for each dwelling unit. The Water and Sewer Department is responsible for enforcement necessary to abate any nuisance or public health hazard that may occur in privately owned pressure lines or pump units. In addition, the contractor to provide each property owner with a grinder pump unit and electrical control panel and maintenance manual as part of any construction project requiring a grinder pump system, subject to the following stipulations:

     A. All grinder pump units shall be manufactured by Environmental One, Incorporated. The grinder pump unit and appurtenances will become the property of the homeowner.

     B. The contractor will be responsible for the proper installation of the grinder pump unit, electrical control panel and the installation of the pressure service lateral to the Water and Sewer Department owned system located at the property line or within 150 feet of the structure. The Water and Sewer Department will inspect the installation of all components prior to the placement of any backfill.

     C. The homeowner grants the Water and Sewer Department access to the grinder pumps and controls for periodic inspections.

     D. Should a malfunction of the unit occur, the homeowner will notify a certified and insured plumber who will remove the defective pump, if necessary, and contact the Water and Sewer Department for a spare pump core unit to use until the original pump is repaired or rebuilt. The Water and Sewer Department core unit shall be returned after the original unit is repaired at the homeowners expense within 30 days of receipt.

     E. The homeowner will be responsible for paying for all costs incurred, if part are needed, in rendering the pump and appurtenances to its original or equal state. If necessary, the cost of rebuilding the pump will be borne solely by the homeowner.

2. The Water and Sewer Department reserves the right to make periodic inspections of all grinder pump systems connected to the sanitary sewer system.

(Res. 1999-2, 5/5/1999; as amended by Res. 1999-4, 12/1/1999)

Chapter 19 – Signs and Billboards

(Reserved to Accommodate Future Enactments)

Chapter 20 – Solid Waste

Part 1: Collection, Storage, Transportation, Processing, and Disposal of Borough Waste

§20-101.     Title.

This Part shall be known as the “Port Royal Borough Municipal Waste Ordinance”.

(Ord. 1985-2, 4/10/1985, Art. I, §1)

§20-102.     Definitions.

The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:

     APPLICANT – a person desirous of being licensed as a collector.

     BOROUGH – Port Royal Borough, Juniata County, Pennsylvania.

     BOROUGH WASTE – any garbage, refuse, industrial lunchroom, or office waste and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation of residential, municipal, commercial, or institutional establishments and from operation of residential, municipal, commercial, or institutional establishments and from community activities, except farm produced manure, other agricultural waste and food processing waste used on land where such materials will improve the condition of the soil, the growth of crops, or the restoration of the land for the same purposes and any sludge not meeting the definition of residual or hazardous wastes as defined in Pennsylvania Act 97.

     COLLECTOR – a person licensed by the Borough to collect, transport, and dispose of Borough waste.

     DISPOSAL – the incineration, deposition, injections, dumping, spilling, leaking, or place of Borough waste into or on the land or water in a manner that the Borough waste or a constituent of Borough waste enters the environment is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

     DISPOSAL AREA – any site, location, area, building, structure, transfer station, or premises to be used for Borough waste disposal.

     INSTITUTIONAL ESTABLISHMENT – any establishment engaged in service to persons including but not limited to, hospitals, nursing homes, orphanages, schools, and universities.

     JUNKED OR ABANDONED VEHICLE – a motor vehicle not bearing a currently valid motor vehicle registration and which is not capable of operation without  mechanical repair, adjustment, or replacement of a part or parts.

     MANAGEMENT – the entire process or any part thereof, storage, collection, transportation, processing, treatment, and disposal of Borough waste by any person engaging in such process.

     PERSON – any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State institution and agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

     PROCESSING – any technology used for the purpose of reducing the volume or bulk of Borough waste or any technology used to convert part or all of such waste materials for offsite reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

     REFUSE – all materials which are discarded as useless.

     TRANSPORTATION – the offsite removal of any Borough waste at any time after generation.

(Ord. 1985-2, 4/10/1985, Art II, §1)

§20-103.     Dumping.

1. It shall be unlawful for any person to store, dump, discard, or deposit or permit the storage, dumping, discarding, or depositing of any Borough waste upon the surface of the ground or underground within the jurisdictional limits of this Borough, except in proper containers for purposes of storage or collection and except where the waste is of such size or shape as not to permit its being placed in such containers.

2. It shall be unlawful for any person to dump or deposit Borough waste into any stream or body of water within the jurisdictional limits of this Borough.

3. Nothing contained herein shall be deemed to prohibit any person, not regularly engaged in the business of hauling Borough waste for profit, from hauling such the Commonwealth of Pennsylvania, Department of Environmental Protection. [Ord. 2003-02, 12/3/2003,  §1]

(Ord. 1985-2, 4/10/1985, Art III, §§1-3; as amended by Ord. 2003-02, 12/3/2003, §1)

§20-104.     Authorization of Collectors.

1. It shall be unlawful for any person, other than such persons as are duly authorized by the Borough Council, to collect and transport Borough waste of any nature within or from the Borough. Authorization shall be given only as set forth below.

2. Authorization to collect, transport, and dispose of Borough waste for persons other than oneself may be given only by the Borough Council through the issuance of a license. All applications for licensing shall be approved in accordance with the following criteria:

     A. Licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this Part.

     B. At the time of application submission, the applicant shall indicate that he has the appropriate type of sanitary, closed or covered truck with which to collect Borough waste.

     C. Licenses shall be issued on a calendar year basis, but may be revoked at any time by the Council for just cause.

     D. Fees for such licenses shall be established by resolution of the Borough Council.

3. The Borough Council may authorize other individuals to collect and transport Borough waste in certain instances without a  license as required above, but only in the following circumstances:

     A. Where, in the opinion of the Borough Council, mandatory utilization of the collection system will cause undue hardship on a commercial or industrial establishment in the Borough.

     B. Where it is established that the collection system and/or the Borough hauler(s) are unable to adequately serve the collection needs of a commercial or industrial operation because a unique type of waste is generated or because special transporting facilities are required to collect and haul the waste.

(Ord. 1985-2, 4/10/1985, Art IV, §§1-3)

§20-105.     Preparation and Storage of Borough Waste.

1. The storage of all Borough waste shall be practiced so as to prevent the attraction, breeding or harorage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create fire and other safety hazards, odors, unsightliness, or public nuisance.

2. Any person accumulating or storing garbage on private or public property in the Borough for any purpose whatsoever (including waste being stored temporarily for door-to-door collection) shall place the same or cause the same to be placed in sanitary closed or covered containers in accordance with the following standards:

     A. Containers used for the storage of Borough waste shall be of metal, plastic, or fiberglass construction, rust, and corrosion resistant, equipped with lids, water proof and leak proof except in the case of bulk containers, shall not exceed 30 gallons in capacity. Plastic trash bags, if not punctured, may be used to store Borough waste.

     B. All containers shall be kept in a sanitary condition and in good repair. Any container that does not conform with this Part or is difficult to handle, or is likely to injure the collector or his employees, or hampers the prompt collection of Borough waste shall be replaced upon notice to the owner of such container.

     C. A sufficient number of containers shall be provided to contain allBorough waste materials that are required to be placed in containers generated during period between regularly scheduled collections.

3. Borough waste to be collected on a door-to-door basis shall be prepared for such collection in the following manner:

     A. All garbage shall be drained of excess liquids and wrapped in paper or be placed in plastic bags before being placed in the waste storage containers previously described and all ashes shall be free of any burning material before being deposited for collection.

     B. Tree, brush, hedge, and similar clippings, including Christmas trees shall be cut in lengths not to exceed 6 feet and shall be bound securely in bundles not to exceed 40 pounds in weight before being deposited for collection.

     C. Newspapers, magazines, cardboard, and boxes not placed in the containers previously described shall be securely tied in bundles not to exceed 6 feet in length and 40 pounds in weight before being deposited for collection.

     D. No person, except the occupants of the property on which a waste container is placed and an authorized collector, shall remove the slides of the container and/or remove the contents thereof.

     E. Borough waste of a highly flammable or explosive nature or highly infectious or contagious refuse shall not be stored for ordinary collection, but shall be disposed in accordance with the directions of the Borough.

4. Containers for door-to-door collection shall be placed in the following manner to facilitate such collection:

     A. Containers, other than bulk containers, shall be placed, whenever possible, at ground level and at a point on the curb line of the street or within no less than 10 feet of the public street or alley right-of-way from which collection from a vehicle can be made or at such other locations as may be approved by the licensed collector. Failure to place containers at such locations may result in an additional charge for collection.

     B. Bulk containers shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector that will enable clear and easy access to the container by the collector’s vehicle.

 (Ord. 1985-2, 4/10/1985, Art V, §§1-4)

§20-106.     Disposal of Borough Waste.

1. All Borough waste produced, collected, and transported from within the jurisdiction limits of the Borough shall be disposed of a State permitted facility.

2. It shall be unlawful for a licensed or authorized collector in the Borough to dispose of Borough waste collected within the Borough at a place other than the permitted  facility licensed by the Department of Environmental Protection and in accordance with the Juniata County Solid Waste Plan. [Ord. 2003-02, 12/3/2003 §1]

3. The disposal of bulky wastes such as, but not limited to, refrigerators, stove, other appliances, pieces of furniture, auto parts, and other household goods and equipment shall be performed by annual collection and in a manner to be designated by the Borough and advertised in a newspaper of general circulation.

(Ord. 1985-2, 4/10/1985, Art VI, §§1-4; as amended by Ord. 2003-02, 12/3/2003 §1)

§20-107.     Transportation of Borough Waste.

Any person transporting waste within the Borough shall prevent or remedy any spillage from vehicles or containers used in the transport of such Borough waste.

(Ord. 1985-2, 4/10/1985, Art VII, §1)

§20-108.     Collection and Collection Charges.

1. Borough waste to be collected by the licensed hauler shall be prepared for a collection at least once each week, except where conditions beyond the control of the hauler prevent it.

2. Any person or commercial establishment authorized to dispose of their own refuse shall provide for collection at intervals short enough to prevent accumulations of refuse that may be unsafe, unsightly, or potentially harmful to the public health.

3. All agreements for collection, transportation, and disposition of Borough waste collected on a door-to-door basis shall be by private contract between the person and the collector. The Borough Council may choose and levy an annual Borough waste service fee to ensure proper collection, transportation, and disposal of Borough waste in accordance with the intent of this Part, if the private contract arrangements for payment in full.

(Ord. 1985-2, 4/10/1985, Art VIII, §§1-3)

§20-109.     Penalties and Remedies.

1. 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 less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003 §1]

2. In addition to the foregoing penalty, the Borough may require the owner or occupier of a property to remove any accumulation of Borough waste or junked or abandoned motor vehicles and should said person fail to remove the same within 10 days after written notice, the Borough may cause the same to be done and collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill in equity.

(Ord. 1985-2, 4/10/1985, Art IX, §§1-2)

Chapter 21 – Streets and Sidewalks

Part 1: Pavements and Gutters

§21-101.     Required Pavements.

Owners of property fronting on any of the streets in the Borough of Port Royal and not having pavements laid in the front or sides of the same, shall be required to lay pavement of brick, plank, or flags within 30 days, if not laid by the owner, the Street Commissioner shall proceed to lay the same to the Council, who shall collect the same from the owners of the property upon which said pavements respectively front, with 10% advance thereon as claims are by law recoverable under the provisions of the “General Municipal Liens and Tax Claims Law of 1923, the Act of May 16, 1923, P.L. 207 §1 et. seq., 53 P.S. §7101 et. seq.”.

(Ord. 10, 5/6/1878; as amended by Ord. 5/6/1878; and by Ord. 2003-02, 12/3/2003, §1)

§21-102.     Repairing Pavements and Gutters.

Owners of property fronting on any of the streets in the Borough of Port Royal and having pavements and gutters which are out of repair will be required, within 30 days after receiving notice from the Borough Council, to repair such pavements or gutters. If not repaired by the owner, the Street Commissioner shall proceed to repair the same and keep a correct account of the cost of the work and material furnished and report the same to the Council, who shall collect the same from the owners of the property upon which said pavements or gutters respectively front with 20% advance thereon, to be collected as debts of like amount are by law collected.

(Ord. 11, 5/6/1878)

§21-103.     Gutter Requirements.

All new gutters hereafter made and old gutters relaid are to be brick and are to be 24 inches wide from inside of curb line to outer edge of pavement, unless otherwise ordered by the Council.

(Ord. 11, 5/6/1878)

§21-104.     Penalty.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 11, 5/6/1878; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Pavements

§21-201.     Pavement Width.

All new pavements hereafter made and old pavements relaid on main streets are to be 9 feet wide and on the cross streets 8 feet wide, unless otherwise ordered by the Council.

(Ord. 15, 5/6/1878)

§21-202.     Tree Varieties Prohibited.

The following variety of trees are prohibited from being planted within the Borough limits in sidewalks:

     A. Locust.

     B. Silver poplar.

     C. Ilanthis in Paradise.

     D. Balsam and katalba.

     E. Fruit trees.

(Ord. 15, 5/6/1878)

§21-203.     Distance from Curb Line.

All trees, hitching posts, or rails in main streets shall be set in line 15 inches from curb line.

(Ord. 15, 5/6/1878)

§21-204.     Cost.

The price to be paid for cubing and brick-laid gutter shall be for a curb 4 inches or more in thickness shall be $0.10 per linear foot and for all other curb, not less than 3 inches thick, $0.08 per linear foot and for brick paved gutter $0.10 per linear foot. PRovided, that in no case shall the person or persons setting curb or paving gutters be allowed to draw the amount of his or her or their bill for the same amount of Borough treasury, but the Borough Council shall issue a certificate of the amount of Borough indebtedness to such person or persons, redeemable only in the cancellation of taxes due said Borough without interest and not transferable.

(Ord. 15, 5/6/1878)

§21-205.     Penalty.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 15, 5/6/1878; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 3: Excavating Streets

§21-301.     Exclusive Authority.

The Department of Transportation of the Commonwealth of Pennsylvania, shall be and the Department hereby is given exclusive authority to grant all permits for the opening or tearing up of any part of the improved surface of those certain Borough streets or parts thereof, which are continuous of State highway routes in the Borough and for the maintenance of which the Department of Transportation is by law responsible.

(Ord. 47, 4/2/1932; as amended by Ord. 2003-02, 12/3/2003, §1)

§21-302.     Fees.

Fees for the granting of such permits may be charged by the Department of Transportation of the Commonwealth of Pennsylvania according to the standard schedule of fees which may, from time to time, be adopted.

(Ord. 47, 4/2/1932)

§21-303.     Penalties and Fines.

1. Any person, firm, or corporation opening or tearing up the improved surface of any of the aforesaid streets or causing or allowing the same to be done for him, them, or it without having first obtained a permit from the Department of Transportation of the Commonwealth of Pennsylvania shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

2. All fines and restoration charges collected for the violation of this Part shall be paid into the State Treasury as provided by law.

(Ord. 47, 4/2/1932; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 4: Porches and Cellar Doors

§21-401.     Regulations.

From and after the passage of this Part it shall not be lawful for any person or person to build any porch or cellar door on any pavement fronting on any street in the Borough that shall extend more than 4½ feet out upon said pavement, where the pavement is 10 feet wide or more, nor extend more than 3½ feet out where the pavement is 7 feet wide.

(Ord. 9, 5/6/1878)

§21-402.     Penalty.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 9, 5/6/1878; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 5: Snow and Ice Removal

§21-501.     Definitions.

As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

     BUSINESS DAY – any day not a Sunday or a national holiday.

     BUSINESS HOURS – hours between 9 a.m. and 5 p.m. on any business day.

     CARTWAY – portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

     CORPORATION – natural person, partnership, corporation, association or any other legal entity.

     SIDEWALK – portion of a street between the boundary lines of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

     STREET or HIGHWAY – the entire width between the boundary lines of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(Ord. 2003-02, 12/3/2003, §1)

§21-502.     Responsibility for Removal of Snow and Ice from Sidewalks.

1. Every person in charge or control of any building or lot of land fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or, otherwise shall remove and clear away, or cause to be removed or cleared away, snow, and/or ice from a path of at least 36 inches in width from so much of said sidewalk as is in front of or abuts on said building or lot of land.

2. Except as provided in subsection (3) hereof, snow, and ice shall be removed from sidewalks within 12 hours after the cessation of any fall of snow, sleet, or freezing rain.

3. In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in subsection (2) hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather  permits, cause to be cleared a path in said sidewalk of at least 36 inches in width.

(Ord. 2003-02, 12/3/2003, §1)

§21-503.     Responsibility for Removal from Roofs.

Every person in charge or control of any building or other structure, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away, or cause to be removed and cleared away, any accumulation of snow and ice on said building or other structure which is liable to fall on any sidewalk, roadway, or other public way. Such work shall be completed within a reasonable time, but not later than 12 hours after the cessation of any fall of snow, sleet, or freezing rain.

(Ord. 2003-02, 12/3/2003, §1)

§21-504.     Depositing of Snow and Ice Restricted.

No person shall deposit or cause to be deposited any snow or ice or immediately next to a fire hydrant or on any sidewalk, roadway, or loading and unloading areas of a public transportation system, except that snow and ice may be mounded by the Borough on public cartways incident to the cleaning thereof or moundd on curbs incident to the clearing of sidewalks in business districts.

(Ord. 2003-02, 12/3/2003, §1)

§21-505.     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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 22 – Subdivision and Land Development

Part 1: Title, Purpose, Authority, and Jurisdiction

§22-101.     Title.

An Ordinance establishing rules, regulations, and standards governing subdivision and land development within Borough of Port Royal, Juniata County, Pennsylvania; setting forth the procedures to be followed by the Borough in applying and administering these rules, regulations, and standards and setting forth the penalties for violation thereof as established by the Commonwealth of Pennsylvania.

(Ord. 2003-02, 12/3/2003, §1)

§22-102.     Purpose.

It is the intent, purpose, and scope of these regulations to protect and promote the public health, safety, and general welfare by making provision for:

     A. The submittal, processing, and review of plats, both in their preliminary or final stages.

     B. Ensuring that the layout or arrangement of the subdivision or land development shall conform to the comprehensive plan and to any regulations or maps adopted in furtherance thereof, streets in and bordering a subdivision or land development shall be coordinated and be of such width and grades and at such locations as deemed necessary to accommodate prospective traffic and facilitate fire protection and emergency services, adequate easements, or rights-of-way shall be filed for drainage and utilities, reservations of any area designated to be dedicated for public use shall be suitable as to size and location for the designated uses and land which is subject to flooding, subsistence, or underground fires either shall be made safe for the purpose for which land is proposed to be used or that such land shall be set aside for uses which shall not endanger the life or further aggravate or increase the existing menace.

     C. Standards by which streets shall be designed, graded, and improved, and walkways, curbs, gutters, street lights, fire hydrants, water and sewage facilities, and other improvements shall be installed so as to ensure that the streets be improved in such a condition that the streets are passable for vehicles which are intended to use that street.

     D. Taking into account phased land development not intended for the immediate erection of buildings where improvements may not be possible to install as a condition precedent to final approval of plats, but condition precedent to erection of buildings on land included in the approved plat.

     E. Establishing minimum setback lines and minimum lot sizes in as much as at the time of the enactment of this Chapter, Port Royal Borough has not adopted a zoning ordinance.

     F. Encouraging and promoting flexibility, economy, and ingenuity in the layout and design of subdivisions and land developments and for encouraging oher practices which are in accordance with the modern and evolving principles of site planning and development so as to guide the future growth and development of the Borough.

     G. Encouraging use of renewable energy systems and energy conserving building design.

     H. Soliciting reviews and reports from adjacent municipalities and other governmental agencies affected by the subdivision and land development plats.

     I. Administering waivers and modifications to the minimum standards in accordance with the Municipalities Planning Act.

     J. For ensuring that development’s incorporporated adequate provisions for a reliable, safe, and adequate water supply to support intended uses within the capacities of available resources.

     K. Requiring the public dedication of land suitable for the use intended and, upon agreement with the applicant, the construction of recreational facilities, payment of fees in lieu thereof, the private reservation of land or a combination, for park or recreation purposes as a condition precedent to fina approval in accordance to the Municipalities Planning Act.

(Ord. 2003-02, 12/3/2003, §1)

§22-103.     Jurisdiction.

1. This Chapter shall apply to all subdivisions and land developments as defined herein located within the corporate limits of the Borough.

2. No subdivision or land development of any lot, tract, or parcel of land shall be made, no street, sanitary sewer, storm sewer, or water main, or other improvements in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon except in accordance with this Chapter.

(Ord. 2003-02, 12/3/2003, §1)

§22-104.     Conflict and Severability.

1. Where any provision of this Chapter imposes a restriction different from those imposed by any other provision of an ordinance, rule, or regulation of Port Royal Borough, whichever provision is more restrictive or imposes higher standards shall control.

2. If any Part, Section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, or word, in this Chapter is for any reason declared to be illegal, unconstitutional, or invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of this Chapter as a whole or any other clause, phrase, word, or remaining portion of the Chapter. The Borough Council hereby declares that it would have adopted this Chapter and each Part, Section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, and word thereof without respect of the fact that any one or more of the Parts, Sections, sentences, clauses, phrases, or words may be declared illegal, unconstitutional, or invalid.

(Ord. 2003-02, 12/3/2003, §1)

§22-105.     Amendments.

Borough Council may, from time to time, amend the provisions imposed by the subdivision regulations as permitted by the Municipalities Planning Code.

(Ord. 2003-02, 12/3/2003, §1)

§22-106.     Vacation of Plats.

1. Any plat or any part of any plat may be vacated by the applicant, at any time before the sale of any lot therein, be written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.

2. Such an instrument shall be reviewed by the Planning Commission and approved by Borough Council in the same manner as a plat. Borough Council may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.

3. Following approval, the instrument shall be recorded in the same manner as a plat. Recording shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the public uses, improvements, streets, and alleys and all dedications laid out or described in such plat.

4. When a lot or lots have been sold, the plat may be vacated in the manner herein, provided that all of the owners of lots in such plat join in the execution of the instrument.

(Ord. 2003-02, 12/3/2003, §1)

§22-108.     Preventative Remedies.

1. In addition to other remedies, the Borough may institute and maintain appropriate actions by law or equity to restrain, correct, or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure, or premises. The descriptions by metes and bounds on the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

2. The borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to this Part. This authority to deny such a permit or approval shall apply to any of the following applicants:

     A. The record landowner at the time of such violation.

     B. The vendee or lessee of the landowner of record at the time of such a violation without regard as to whether such vendee or lessee had actual constructive knowledge of the violation.

     C. The current landowner of record who acquired the property subsequent to the time of violation without regard as to whether such current landowner had actual constructive knowledge of the violation.

     D. The vendee or lessee of the current landowner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual constructive notice of the violation.

3. As an additional condition for issuance of a permit or the granting of approval to any such landowner, current landowner, vendee, or lessee for the development of any such real property, the Borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

(Ord. 2003-02, 12/3/2003, §1)

Part 2: Definitions

§22-201.     Definitions.

ALLEY – a public right-of-way used or intended to be used by vehicular traffic and avoiding a secondary access to abutting property.

APPLICANT – a landowner or developer as herein after defined who has filed an application for development, including his heirs, successors, and assigns.

ARTERIAL STREET – a functional classification of street that serves major centers of traffic activity and accommodates trips of moderate length.

BLOCK – an area bounded on all sides by streets.

BOROUGH – Port Royal Borough.

BUILDING – any structure having a roof supported by columns or walls, used for the shelter, housing, or enclosure of persons, animals, or property.

COLLECTOR STREETS – a functional classification of street that provides both land access services and traffic circulation, distributes trips from arterial streets through residential neighborhoods to ultimate destinations and collects traffic from local streets and channels to arterial streets.

COMMON OPEN SPACE – a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

CORNER LOT – a parcel of land bounded on two or more sides of by streets.

CUL-DE-SAC – a type of special provision for turning around at the unopened end of a dead end street characterized by a circular shape and having a turning radius adequate to turn the largest design vehicle without backing; or a street with such provision

CURB – the raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.

DEAD END STREET – a local street open at only one end with a special provision for turning around at the unopened end.

DEVELOPER – any landowner, agent of such landowner, or tenant with the permission of such land owner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT PLAN – the provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this Chapter shall mean the written and graphic materials referred to in this definition.

DOUBLE FRONTAGE LOT – a lot having frontage along two streets that run parallel, but in close proximity. (See “reversed frontage lot”)

DRIVEWAYS – a vehicular right-of-way providing access between a street and a parking area or garage within a lot or property under single ownership or the cartway providing such access.

EASEMENT – authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

LAND DEVELOPMENT – any of the following activities:

     A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

          (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or one single nonresidential building on a lot or lots regardless of the number of occupants or tenures.

          (2) The division or allocation of land or space, whether initially or cumulatively, between or among to a more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, buildings, or other features.

     B. A subdivision of land.

     C. Excluding certain land development only when such land development involves:

          (1) The conversion of an existing single-family detached dwelling or single family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.

          (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

          (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this sub-clause, an amusement park is defined as a tract or area used principally as location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until plats for the expanded area have been approved by proper authorities.

LANDOWNER – the legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of landowner or any other person having a proprietary interest in land.

LIMITED ACCESS HIGHWAYS – a functional classification of street that provides limited points of access for other streets.

LOCAL STREET – a functional classification of street that permits direct access to shutting land, connects to collector, or arterial streets, and discourages through-traffic movements.

LOT – a designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

MOBILE HOME – a transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT – a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenance necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK – a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement of mobile homes.

OFFICIAL MAP – a map adopted by ordinance pursuant to the Pennsylvania Municipalities Planning Code.

PLANNING COMMISSION – the Planning Commission of Port Royal Borough.

PLAT – the map or plan of a subdivision or land development whether preliminary or final.

PUBLIC GROUNDS (AREAS) – including, but not limited to parks, playgrounds, trails, paths, and other recreational areas and public areas, sites for schools, sewage treatment, refuge disposal, and other publicly owned or operated  facilities, and publicly owned or operated scenic and historic sites.

PUBLIC HEARING – a formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Municipalities Planning Code.

PUBLIC NOTICE – notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing.

REVERSED FRONTAGE LOT – a lot located along a reversed frontage street.

RIGHT-OF-WAY – a right or easement associated with a street or access. In some cases, the phrase is used to signify the legal extent of the street.

SANITARY SEWER – the portion of a community sewerage system characterized by the use of pipes to collect and/or convey sewage by gravity, pressure, or vacuum.

SEWAGE FACILITIES – a system of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage and other waste.

     A. Individual Sewage System. A sewage facility, whether publicly or privately owned, located on a single lot, and serving one equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.

     B. Individual On-Lot Sewage System. An individual sewage system which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a subsurface absorption area or retention in a retaining tank.

     C. Individual Sewerage System. An individual sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.

     D. Community Sewerage System. A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.

          (1) Community On-Lot Sewage System. A community sewage system which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a subsurface soil absorption area or retention in a retaining tank.

          (2) Community Sewerage System – a community sewage system which uses a method of sewage collections, conveyance, treatment, and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.

SIDEWALK – a walkway, characterized by a durable surface, normally concrete, continuous for a reasonable distance and an integral part of the street, with or without a grass strip between the curb or cartway edge and sidewalk, constructed for use by pedestrians.

STREET – includes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct, and any other ways used or intended to provide a primary means of vehicular access to abutting property, whether public or private.

STRUCTURE – any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

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, the transfer of ownership of building or lot development. Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving a new street or easement of access or any residential dwelling shall be exempted.

SUBSTANTIALLY COMPLETED – where, in the judgement of the Borough Engineer, at least 90% (based on the cost of the required improvement for which financial security was posted pursuant to §509 of the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.

WATER FACILITIES – a system of water sources, treatment, storage, and distribution which will provide for the safe and sanitary supply of water for human consumption.

     A. Public Water System. A system for the provision to the public of water for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes any collection, treatment, storage, and distribution facilities under control of the operator  of such system and used in connection with such system and any collection or pretreatment storage facilities not under such control which are used in connection with such system.

     B. Community Water System. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

     C. Non-Community Water System. A public water system that is not a community water system.

     D. Non-Public Water System. A water system that is not a public water system.

     E. Individual On-Lot Water System. A water system located on a single lot and serving less than 15 service connections or regularly serves an average of less than 25 individuals daily at least 60 days out of the year.

WALKWAY – a public or private right-of-way used or intended to be used by pedestrians.

(Ord. 2003-02, 12/3/2003, §1)

Part 3: Procedures and Approval Process

§22-301.     Authority for Review and Approval.

1. The Borough Planning Commission is hereby designated by the Borough Council as the agency which shall review and make recommendations to Borough Council on all preliminary and final plats as required herein.

2. The Borough Council shall gave authority to approve all preliminary and final plats as required herein.

(Ord. 2003-02, 12/3/2003, §1)

§22-302.     Preliminary Plat.

1. The applicant shall file in duplicate an application for preliminary plat approval on the form of application adopted by the Borough Council together with the applicable review fee established by Borough ordinance or resolution.

2. The applicant shall file 10 copies of the preliminary plat in compliance with the applicable provisions of this Chapter.

3. Upon receipt, the Planning Commission shall submit copies of the preliminary plat to the following:

     A. The Juniata County Planning Commission, one copy.

     B. Borough Council, one copy.

     C. Borough Engineer, one copy.

     D. Borough Solicitor, one copy.

     E. Utilities, one copy, each.

     F. Adjoining municipality, if appropriate, one copy.

     G. Juniata County Conservation Dist., if appropriate, one copy.

4. The Planning Commission will consider and review the preliminary plat at the meeting following its submission provided that it was submitted at least 15 days prior to the meeting.

5. Following its review of the preliminary plat, the Planning Commission shall make its recommendation to Borough Council. The recommendation shall be for one of the following:

     A. Approval.

     B. Conditional approval.

     C. Disapproval.

6. The Planning Commission shall make its recommendation to the Borough Council in writing. In this case of a conditional approval or disapproval, the writing shall indicate with specificity the reasons for such recommendation and shall include citations of the relevant provisions of this Chapter.

7. If Borough Council does not receive the Planning Commission’s recommendation within 45 days of the initial submission, Borough Council may proceed in the absence of the recommendation and shall consider and review the preliminary plat at their next meeting.

8. The Borough Council may hold a hearing following public notice in compliance with the Municipalities Planning Code, the following which it shall take one of the following actions:

     A. Approval.

     D. Conditional approval.

     C. Disapproval.

9. The applicant shall be entitled to the decision of Borough Council within 90 days of the first regular meeting of the Planning Commission following the filing of the preliminary plat or a final court order remand, whichever is less. Further, the decision of the Borough Council shall be in writing and delivered to the applicant within 15 days following the decision (and within the 90 day period set forth above). In the case of a conditional approval or disapproval, the decision shall state with specificity the defects in the plat and shall refer to the Section of this Chapter relied upon. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and manner set forth above shall be deemed an approval of the application in terms as presented unless the applicant has agreed in a signed writing to an extension of time or change in the prescribed manner of communication.

(Ord. 2003-02, 12/3/2003, §1)

§22-303.     Final Plat.

1. The applicant shall file in duplicate an application for final plat approval on the form of application adopted by the Borough Council.

2. The applicant shall file 10 copies of the final plat in compliance with the applicable provisions of this Chapter. At least two of the 10 copies provided shall bear original signatures on all required notarizations, certifications, endorsements, etc. One of the copies with original signatures will be retained by the Borough and at least one will be returned to the applicant upon final approval for recording.

3. In the event that the final plat is submitted more than 5 years following the approval of the preliminary plat, it shall be considered as a new preliminary plat, expecting that the 5 year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement of completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat.

4. The final plat shall conform in all respects with the approved preliminary plat, except to the extent it incorporates the conditions required by Borough Council. In the event of any nonconformity, the final plat shall be considered as a new preliminary plat.

5. The applicant may submit final plats in phases provided that each phase in a residential  subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plat, unless the Borough Council approves a lesser percentage.

6. Upon receipt, the Planning Commission shall submit the final plat to the following:

     A. The Juniata County Planning Commission, one copy.

     B. Borough Council, one copy.

     C. Borough Engineer, one copy.

     D. Borough Solicitor, one copy.

     E. Utilities, one copy, each.

     F. Adjoining municipality, if appropriate, one copy.

     G. Juniata County Conservation Dist., if appropriate, one copy.

7. The Planning Commission will consider and review the final plat at the meeting following its submission provided that it was submitted at least 30 days prior to the meeting.

8. Following its review of the final plat, the Planning Commission shall make its recommendation to Borough Council. The recommendation shall be for one of the following:

     A. Approval.

     B. Conditional approval.

     C. Disapproval.

The planning Commission shall make its recommendation to the Borough Council in writing. In the case of a conditional approval or disapproval, the writing shall indicate, with specificity, the reasons for such recommendation and shall include citations of the relevant provisions of this Chapter.

9. If Borough Council does not receive the Planning Commission’s recommendation within 60 days of the initial submission, Borough Council shall proceed in the absence of the recommendation and shall consider the final plat at their next meeting.

10. The Borough Council may hold a hearing following public notice in compliance with the Municipalities Planning Code, following which it shall take one of the following actions:

     A. Approval.

     B. Conditional approval.

     C. Disapproval.

11. The applicant shall be entitled to the decision of Borough Council within 90 days of the first regular meeting of the Planning Commission following the filing of the final plat or a final court order remand or of the 30th day following the filing of the final plat or a final court order remand, whichever is less. Further, the decision of the Borough Council shall be in writing and delivered  to the applicant within 15 days following the decision (and within the 90 day period set forth above). In the case of a conditional  approval or disapproval, the decision shall state with specificity the defects in the plat and shall refer to the Section of this Chapter relied upon. Failure within the time and manner set forth above shall be deemed an approval of the application in terms as presented unless the applicant has agreed in a signed writing to an extension of time or change in the prescribed manner of communication.

12. No final approval shall be issued except in compliance with §22-401 hereof pertaining to the completion and maintenance of improvements and required security.

13. Upon the approval of a final plat, the applicant shall within 90 days of such final approval, or 90 days after the date of delivery of an approved plat signed by the Borough, following completion of conditions for such approval whichever is later, record such plat in the office of the Recorder of Deeds of Juniata County.

(Ord. 2003-02, 12/3/2003, §1)

Part 4: Assurance for Completion and Maintenance of Improvements

§22-401.     Completion of Improvements or Guarantee Thereof Required for Final Approval.

1. No final plat shall be approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition or improved as may be required by this Chapter and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers, and other improvements as may be required by this Chapter have been installed in accordance with this Chapter. In lieu of the completion of the improvements, the applicant shall deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, storm water detention and/or retention basins and other related drains, facilities, recreational facilities, open-space improvements or buffer or screen planting which may be required. The applicant shall not be required to provide financial security for the cost of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit.

2. When requested by the applicant and in order to facilitate applicant’s financing, Borough Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plat contingent upon obtaining a satisfactory financial security. The final plat shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval executed within 90 days, unless a written extension is granted by Borough Council; such extension shall not be unreasonably withheld and shall be given to the applicant in writing.

3. The Borough Council shall accept as security Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions. The Borough Council may, upon request of the applicant, approve other types of financial security, which approval shall not be unreasonably withheld.

4. The financial security shall be posted with a bonding company orFederal or Commonwealth chartered lending institution chosen by the applicant, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

5. Such bond, or other security, shall provide for and secure to the public, the completion of any improvements which may be required on or before the date affixed in the formal action of approval or accompanying agreement for the completion fo improvements.

6. The amount of the financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant. The Borough may annually adjust the amount of the financial  security by comparing the actual costs of the improvements which have been completed and the estimated costs for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Following that adjustment, the Borough Council may require the applicant to post additional security in order to assure that the financial security equals 110%. Any additional security required shall be posted by the applicants in accordance with the provisions of this Part.

7. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such costs. The Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Borough Council are unable to agree upon an estimate and the estimate shall be recalculated and recertified by another professional engineer licensed as much in this Commonwealth and chosen mutually by the Borough Council and the applicant. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant.

8. If the party posting the financial security requires more than 1 year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each 1 year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 10% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding 1 year period by using the above bidding procedure.

9. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

10. As the work of installing the required improvements proceeds, the applicant may request the Borough Council to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough Council fails to act within said 45 day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

11. Where the borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

12. If water mains or sanitary sewers, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section.

13. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Borough shall not condition the issuance of building, grading, or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

(Ord. 2003-02, 12/3/2003, §1)

§22-402.     Release from Improvement Bond.

1. When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council and shall promptly mail a copy of the same to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after receipt by  the Borough Engineer of the aforesaid authorization from the Borough Council, said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such disapproval or rejection.

2. The Borough Council shall notify the applicant, within 15 days of receipt of the engineer’s report, in writing, by certified or registered mail, of the action of said Borough Council with relation thereto.

3. If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the applicant shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

4. If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

5. Nothing herein, however, shall be construed in limitation of the applicant’s right to contest or question by legal proceedings or otherwise, any determination of the Borough Council or the Borough Engineer.

6. Where herein reference is made to the Borough Engineer, he shall be a duly registered professional engineer employed by the Borough or engaged as a consultant thereto.

7. The applicant shall reimburse the Borough for the reasonable and necessary costs incurred for the inspection of the improvements according to the schedule established by Borough ordinance or resolution.

     A. In the event the applicant disputes the amount of any such expense in connection with the inspection of the improvements, the applicant shall, within 15 working days of the receipt of the invoice, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed expenses.

     B. If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Borough shall jointly, by mutual agreement, appoint another professional, engaged in the same profession or discipline as the consultant whose fees are under dispute, to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

     C. The professional so appointed shall hear such evidence and review such documentation as the professional in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

     D. In the event that the Borough and applicant cannot agree upon the professional to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such professional, who, in that case, shall be neither the Borough Engineer nor any professional who has been retained by, or performed services for, the municipality or the applicant within the preceding 5 years.

     E. The fee of the appointed professional for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional, but otherwise the Borough and the applicant shall each pay ½ of the fee of the appointed professional.

(Ord. 2003-02, 12/3/2003, §1)

Part 5: Requirements for Improvements

§22-501.     General Improvements.

1. Conformance to Applicable Rules and Regulations. In addition to the requirements established herein, all subdivision plats comply with the following laws, rules, and regulations:

     A. All applicable statutory provisions.

     B. The Borough ordinances, building, and housing codes and all other applicable laws of the appropriate jurisdictions.

     C. The official map and capital improvements program of the Borough, including all streets, drainage systems, and parks shown on the official map, asadopted.

     D. The standards and regulations adopted by all boards, commissions, agencies, and authorities of the Borough.

2. Self-Imposed Restrictions. If the applicant places restrictions on any of the land contained in the subdivision greater than those required by these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat or the Planning Commission may require that restrictive covenants be recorded with the County Recorder of Deeds in a form to be approved by the Borough Solicitor.

3. Plats Straddling Municipal Boundaries. Whenever access to the subdivision is required across land in another municipality, the Planning Commission may request assurance from the Borough Solicitor that access is legally established and from the Borough Engineer that the access street is adequately improved , or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access street. In general, lot lines should be laid out so as not to cross municipal boundary lines.

4. Subdivision Name. The proposed name of the subdivision shall not duplicate, or too closely  approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Planning Commission shall have final authority to designate the name of the subdivision.

 (Ord. 2003-02, 12/3/2003, §1)

§22-502.     Monuments.

The applicant shall place permanent reference monuments in the subdivision as required herein and as approved by the Borough Engineer.

     A. Monuments shall be located on the street right-of-way lines, at street intersections, angle points of curve and block corners.They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.

     B. The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than 30 inches in length, not less than 4 inches square or 5 inches in diameter and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 30 inches long and ⅝ inch in diameter or width. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points along a meander line. Monuments to be set not less than 20 feet back from the primary bank of any river or stream or, when such corners or points fall within a street or proposed future street, the monuments shall be placed on the right-of-way line of the street.

     C. All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by iron pins or pipes at least 30 inches long and ⅝ inch in diameter in width. These monuments shall be placed at all block corners, at each end of all curves, at the point where a street changes its radius and at all angle points.

     D. The lines of lots that extend to rivers or streams shall be monumented in the field by iron pins or pipes at least 30 inches long and ⅝ inch in diameter or width. These monuments shall be at the point of intersection of the lot line with the meander line established not less than 20 feet back from the bank of the river or stream.

     E. All such monuments shall be set flush with the ground and placed in such a manner that they will not be removed by frost.

     F. All monuments shall be properly set in the ground and approved by the Borough Engineer prior to the time the Planning Commission recommends approval of the final plat.

§22-503.     Lot Improvements.

1. Lot Improvements. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the building permit regulations and in providing driveway access to buildings on such lots from an approved street.

2. Lot Dimensions. Lot area and width shall comply with the minimum standards of these regulations. Where lots are more than double the minimum required size, the Planning Commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a modification from this rule will give a better street or lot layout. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front-yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated.

Minimum Lot Area and Lot Width Standards
Area (square feet)Width (feet)
For lots with community sewage and public water6,00050
For lots with community sewage only8,00080
For lots with public water only15,000100
For lots with individual on lot sewage and water systems43,560150

3. Setbacks for all structures shall comply with the minimum standards of these regulations. The ultimate right-of-way line for an existing adjoining street shall be determined in the same manner as specified within these regulations for the creation of a new right-of-way of the same classification of use. The ultimate right-of-way line shall be used only for the determination of the location of the minimum setback line and is not required to be shown on the plat and/or offered for dedication.

4. A waiver or modification of the minimum setback requirements may be requested for lots existing at the time of the adoption of these provisions for which extreme practical difficulty would result from the strict conformance with these minimum setback requirements. In the consideration of a request for a waiver or modification of the minimum side yard setback requirements, the Planning Commission shall consider the fire resistance rating for the materials used in the construction of the structure(s) that would be less than 10 feet from a property line and/or less than 20 feet from another structure. A written notice shall also be required to be provided to the owner of the property adjoining a side yard of less than 10 feet that clearly indicates the side yard dimension, the intended use of the structure and the materials of construction of the structure. In the consideration of a request for a waiver or modification of the minimum front or rear yard setback requirements, the Planning Commission shall consider the setback  dimensions of existing structures located nearby and shall ensure that minimum intersection sight distances are maintained.

Minimum Setback Distances for All Structures
Front Yard25 feet from the ultimate right-of-way line for adjoining streets(s)
Rear Yard20 feet from the rear property line for primary structures
5 feet from the rear property line for accessory structures
Side Yard10 feet from either side property line for all structures

5. Double Frontage Lots and Access to Lots.

     A. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from arterial or collector streets or to overcome specific disadvantages of topography and orientation.

     B. Acces from Collector or Arterial Streets. Lots shall not, in general, derive access to exclusively from collector or arterial streets. Where driveway access from a collector or arterial street may be necessary for several adjoining lots, access drive in order to limit possible traffic hazard on such street. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into a traffic lane.

6. Soil Preservation, Grading, and Seeding.

     A. Soil Preservation and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot has covered with soil with an average depth of at least 6 inches which shall contain no particles over 2 inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets orwhere the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from lots or used as spoil, but shall be redistributed so as to provide at least 6 inches of cover on the lots and at least 4 inches of cover between the sidewalks and curbs and shall be stabilized by seeding or planting.

     B. Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general stormwater drainage pattern for the area. Drainage shall be designed so as to avoid the discharge of concentrated stormwater from one lot to an adjacent lot.

     C. Lawn Grass Seed and Sod. In the spring, suitably mixed lawn grass seed shall be sown between March 15 and May 15, and in the fall, the seed shall be sown between August 15 and September 30. All lots shall be seeded from the edge of the cartway, curb line, or shoulder back to a distance required by the Planning Commission. Sod may be used to comply with any requirement for seeding set forth herein.

7. Debris and Waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried on any land or left or deposited on any lot or street at the time of issuance of a certificate of occupancy and removal of same shall be required prior to issuance of any certificate of occupancy for a subdivision. Nor shall any be left or deposited in any area of the subdivision at the time of the expiration of the performance bond or the dedication of public improvements, whichever is sooner.

8. Fencing. The applicant shall be required to furnish and install fences wherever the Planning Commission determines that a hazardous condition may exist. The fences shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.

9. Water Bodies and Watercourse. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the owners of adjacent lots. The Planning Commission may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a Borough responsibility. No more than 25% of the minimum area of a lot required under these regulations may be satisfied by land which is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure.

(Ord. 2003-02, 12/3/2003, §1)

§22-504.     Streets.

1. General Requirements.

     A. Frontage on Improved Streets. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the official map, or if there be no official map, unless such street is:

          (1) An existing State, County, Township, or Borough street.

          (2) A street shown upon a plat approved by the Planning Commission and recorded in the County Recorder of Deeds Office. Such street must be suitably improved as required by these regulations or be secured by a performance bond required under these regulations with the width and right-of-way required by these regulations or the official map. Whenever the area to be subdivided is to utilize existing street frontage, such street shall be suitably improved as provided herein above.

     B. Gradin and Improvement Plan. Streets shall be graded and improved and conform to the Borough construction standards and specifications and shall be approved as to design and specifications by the Borough Engineer, in accordance with the construction plans required to be submitted prior to final plat approval.

     C. Topography and Arrangement.

          (1) Streets shall be related appropriately to the topography. Streets shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standard of these regulations.

          (2) All streets shall be properly integrated with the existing and proposed system of streets and dedicated right-of-way as established on the official map and/or master plan.

          (3) All streets shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers, to population densities and to the pattern of existing and proposed land used.

          (4) Streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.

          (5) The rigid rectangular gridiron street pattern need not necessarily be adhered to and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such use will result in a more desirable layout.

          (6) Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions or unless in the opinion of the Planning Commission  such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

          (7) In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading, and maneuvering areas and walks and parking areas so as to minimize conflict between the various types of traffic, including pedestrian.

     D. Blocks.

          (1) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to collector or arterial streets, railroads, or waterways.

          (2) The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths along local streets should not exceed 2,600 feet, nor be less than 400 feet in length. Wherever practicable, blocks along arterial and collector streets shall be not less than 1,000 feet in length.

          (3) In long blocks the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic or appropriate turnarounds. Pedestrian ways or crosswalks, not less than 10 feet wide, may be required by the Planning Commission through the center of blocks more than 800 feet long where deemed essential to provide circulation or access. Blocks designed for industrial uses shall be such length and width as may be determined suitable by the Planning Commission for prospective use.

     E. Access to Collector or Arterial Streets. Where a subdivision borders on or contains an existing or proposed collector or arterial street, the Planning Commission may require that access to such street be limited by one of the following means:

          (1) The subdivision of lots so as to have the back of the lots along the collector or arterial and to have the front of the lot along a parallel local street; no access shall be provided from the collector or arterial street and screening shall be provided in a strip of land along the rear property line of such lots.

          (2) A series of cul-de-sacs, U-shaped streets or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of the end lots along the collector or arterial street.

          (3) A local street running parallel and adjacent to the collector or arterial street and separated from the collector or arterial street by a planting or grass strip and having access thereto at suitable points.

     F. Street Names. The local postmaster shall be consulted by the applicant concerning proposed street names, prior to making a request to the Planning Commission. Names shall be sufficiently different in sound and in spelling from other street names within and adjacent to the Borough boundaries so as not to cause confusion. A street which is or is planned as a continuation of an existing street shall bear the same name.

     G. Street Signs. The applicant shall deposit with the Borough, at the time of final plat approval, the sum of $100 for each street name sign required by these regulations. The Borough shall install all street name signs. Street name signs are to be placed at all street intersections within or abutting the subdivision.

     H. Street Lights. The applicant shall be required to furnish and install street lights as directed by the Planning Commission. The street lights shall be of a type and shall be located to provide lighting conditions at least equivalent to those provided by existing street lights found in other areas of the Borough.

     I. Reserve Strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street.

     J. Construction of Streets and Dead End Streets.

          (1) Construction of Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such property is undeveloped and the street must be a temporary dead end street, the right-of-way what be extended to the property line. A temporary T-shaped or L-shaped turnaround shall be provided on all temporary dead end streets, with the notation on the plat that land outside the normal street right-of-way shall revert to abutters whenever the street is continued. The Planning Commission may limit the length of temporary dead end streets in accordance with the design standards of these regulations.

          (2) Dead End Streets (Permanent). Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent  dead end street. For greater convenience to traffic and more effective police and fire protection, permanent dead end streets shall, in general, be limited in length in accordance with the design standards of these regulations.

2. Design Standards.

     A. General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and street maintenance equipment and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, the design standards for streets shall be those defined as urban design criteria and contained within Publication 70 of the Pennsylvania Department of Transportation entitled “Guideline for the Design of Local Roads and Streets”,  as last revised. Street classification may be indicated on the master plan or official map; otherwise, it shall be specified by the Planning Commission. The minimum right-of-way width for a local street shall be 50 feet.

     B. Street Surfacing and Improvements. Where applicable and after sewer, water and other underground utilities have been installed, the applicant shall surface or cause to be surfaced, streets to the widths prescribed in these regulations. Adequate provision shall be made for culverts, drains, and bridges. All street pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to all construction standards of these regulations and shall be incorporated into the plans required to be submitted by the applicant for plat approval.

     C. Excess Right-of-Way. Right-of-Way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such earth slopes shall not be in excess of two feet horizontal to one foot vertical and shall not be steeper than the maximum slope for which the stability of the slope can be assured.

     D. Railroads and Limited Access Highways. Railroads and limited access highways, where so located as to affect the subdivision of adjoining lands, shall be treated as follows:

          (1) For residential lots, a buffer strip at least 25 feet in depth, in addition to the normal depth of the lot required shall be provided adjacent to the railroad right-of-way or limited access highway right-of-way. This strip shall be part of the planned lot and shall be designated on the plat: “This strip is reserved for screening. The placement of structure hereon is prohibited”.

          (2) For nonresidential lots, the nearest street extending parallel or approximately parallel to the railroad or limited access highway shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.

          (3) Streets parallel to the railroad when intersecting a street which crosses the railroad, at grade shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

     E. Intersections.

          (1) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the Planning Commission.

          (2) Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated all drives without median breaks at either intersection. Where streets intersect collector or arterial streets, their alignment shall be continuous. Intersection of collector or arterial streets shall be at least 800 feet apart.

          (3) Minimum curb radius at the intersection of two local streets shall be at least 20 feet; and minimum curb radius at an intersection involving a collector street shall be at least 25 feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

          (4) Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than 2% rate at a distance of 60 feet, measured from the nearest right-of-way line of the intersecting street.

          (5) Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic  hazard by limiting visibility, the applicant shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of -way to the extent deemed necessary to provide necessary to provide an adequate sight distance.

     F. Bridges. Bridges of primary benefit to the applicant, as determined by the Planning Commission, shall be constructed at the full expense of the applicant without reimbursement from the Borough. The sharing expense for the construction of bridges not of primary benefit to the applicant as determined by the Planning Commission, will be fixed by special agreement between the Municipality and the applicant. Said cost shall be charged to the applicant pro rata as the percentage of his land developed and so served.

     G. Cul-de-sacs. Permanent dead end streets terminating in a cul-de-sac shall not be less than 250 feet in length, more than 1,000 feet in length, or result in an average daily traffic volume of more than 100 cars. When proposed for access to residential uses, the outside edge of paving of the cul-de-sac shall have a minimum radius of 40 feet and the right-of-way line of the cul-de-sac shall have a minimum radius of 50 feet. When proposed for access to nonresidential uses, the outside edge of paving of the cul-de-sac shall have a minimum radius of 60 feet. If a central island for the cul-de-sac is proposed, the applicant shall be required to retain all maintenance responsibility for the island and to delete the island area from the area dedicated with the street.

3. Street Dedications and Reservations.

     A. New Perimeter Streets. Street systems in new subdivisions shall be laid-out so as to prohibit new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the applicant. The Planning Commission may authorize a new perimeter street where the applicant improves and dedicates the entire required street right-of-way width within the subdivision boundaries.

     B. Widening and Improvement of Existing Substandard Streets. Where a subdivision borders an existing narrow or otherwise substandard street, the applicant shall be required to improve at his expense such narrow or otherwise  substandard conditions within the applicants property.

(Ord. 2003-02, 12/3/2003, §1)

§22-505.     Stormwater Management.

1. General Requirements. No plat of subdivision shall be approved which does not make adequate  provision for stormwater management. Any 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. In the event that a watershed stormwater management plan has been adopted for the area proposed for alteration or development, such measures shall be consistent with the provisions of such watershed plan. Such measures shall include such actions as are required:

     A. To assure that the maximum rate of stormwater runoff is no greater during or after development than prior to development activities.

     B. To manage the quantity, velocity, and direction of resulting stormwater runoff is a manner which otherwise adequately protects health and property from possible injury.

2. Methods of Stormwater Computations.

     A. Peak discharge and runoff shall be computed using the Soil-Cover Complex Method as set forth in the latest edition of Urban Hydrology for Small Watersheds, Technical Release No. 55, as published by the Soil Conservation Service or by any other method approved by the Planning Commission.

     B. Rainfall frequency data shall be taken from the latest edition of Rainfall Duration Frequency Tables for Pennsylvania as published by DEP.

3. Maintenance of Natural Drainage Ways. All natural streams, channels, swales, drainage systems and/or areas of surface water concentration shall be maintained in their existing condition unless  an alteration is approved by the Borough. All encroachment activities shall comply with the requirements for Water Obstructions and Encroachments contained within Chapter 105 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

4. Methods of Stormwater Management. Methods of stormwater management may include, but not necessarily be limited to, the following:

     A. Detention basins.

     B. Roof-top storage.

     C. Parking lot ponding.

     D. Seepage pits, seepage trenches, or other infiltration structures.

     E. Porous pavements.

     F. Grasses channels and vegetated strips.

     G. Cisterns and underground reservoirs.

     H. Routed flow over grass.

     I. Decrease in impervious coverage.

Various methods and/or combinations of methods should be tailored to suit the particular requirements of the type of development and the topographic features of the project area. In addition to all required purposes; storm sewers, swales, culverts, bridges, and related facilities shall be provided to:

          (1) Permit the unimpeded flow of natural water courses.

          (2) Intercept stormwater runoff along streets at reasonable intervals related to the extent and grade of the area drained and to prevent the flooding of intersections and the undue concentration of stormwater.

          (3) Prevent the discharge of concentrated stormwater over sidewalks or walkways.

          (4) Provide stormwater drainage away from on-lot sewage systems and buildings.

          (5) Ensure the unrestricted flow of stormwater at driveways.

5. Design Standards.

     A. Where available, all stormwater facilities shall be constructed to the dimensions, standards, and specifications (PennDOT Form 408 and Publication 72) most recently established by the Pennsylvania Department of Transportation.

     B. Stormwater facilities used as a part of soil erosion and sedimentation control facilities shall be constructed to the dimension, standards, and specifications most recently established under the Erosion and Sediment Pollution Control provisions of Chapter 102 of Title 25 of the rules and regulations of the Department of Environmental Protection.

     C. The minimum nominal pipe size for culverts within the right-of-way of a public street or any easement proposed to be dedicated to the public use shall be 15 inches.

6. Accessibility to Public Storm Sewers.

     A. Where a public storm sewer is reasonably accessible, the applicant shall install stormwater facilities and interconnect such stormwater facilities with the existing public storm sewers. In subdivisions containing lots less than 15,000 square feet in area underground storm sewer systems shall be constructed throughout the subdivision and be connected to an approved point of discharge.

     B. If a connection to a public storm sewer will be reasonably accessible at some future date prior to the request for final plat approval, as determined by the Planning Commission, the applicant shall install such stormwater facilities as would be required to interconnect with the future public storm sewers.

7. Dedication of Drainage Easements.

     A. General Requirements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially or both as will be adequate for the purpose.

     B. Drainage Easements.

          (1) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within street right-of-ways, perpetual unobstructed easements at least 15 feet in width for such drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be indicated on the plat. Drainage easements shall extend from the street right-of-way to a natural watercourse or other drainage facility.

          (2) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

          (3) The applicant shall dedicate, either in fee or by drainage or conservation easement, the land occupied by existing watercourses.

          (4) Low-lying lands along watercourses subject to flooding during storms with return periods of 50 years or longer, whether, or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways. Such land subject to periodic flooding shall not be used for computing the area requirement of any lot.

(Ord. 2003-02, 12/3/2003, §1)

§22-506.     Water Facilities.

1. General Requirements.

     A. The subdivision or land development shall be connected to a public water system providing both domestic water supply and fire protection, unless the applicant provides documentation that such a connection is not feasible. The applicant may be requested to provide an economic feasibility study prepared by a licensed professional engineer as part of such documentation.

     B. Where an existing community water system is reasonably accessible, as determined by the Planning Commission, the applicant shall install adequate water facilities (including fire hydrants) to extend the public water system. Such extension is subject to the public water system requirements of Chapter 109 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection and/or to the requirements of a local water authority. All water mains shall be at least 6 inches in diameter.

     C. Where the subdivision or land development proposes the use of a well(s) for a non-community water system the applicant may be required to provide a hydro-geologic study by a licensed professional engineer or hydro-geologist to evaluate the adequacy of the water quality and quantity for the proposed development. Prior to preliminary plat approval, the applicant shall demonstrate that an adequate, safe, and reliable water supply exiss for the proposed development in accordance with the standards of the Pennsylvania Safe Drinking Water Act. Such non-community water system is subject to the public water system requirements of Chapter 109 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

     D. Where the subdivision or land development proposes the use of a well(s) for an individual onlot water system, the application may be required to provide a hydro-geologic study by a licensed professional engineer or hydrogeologist to evaluate the adequacy of the water quality and quantity for the proposed development. Prior to preliminary plat approval, the applicant shall demonstrate that an adequate, safe, and reliable water supply exists for the proposed development in accordance with the standards of the Pennsylvania Safe Drinking Water Act.

2. If the Planning Commission requires that a connection to a community water system be eventually provided, as a condition to approval of an interim individual onlot or non-community water system, the application shall install capped water mains and service lines as part of the development.

3. Fire Hydrants. Where required, fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure. The placement and design of fire hydrants shall be approved by the local fire department.

(Ord. 2003-02, 12/3/2003, §1)

§22-507.     Sewage Facilities.

1. General Requirements. The subdivision or land development shall be connected to a public sanitary sewer system, unless the applicant may be requested to provide an economic feasibility study prepared by a licensed professional engineer as part of such documentation. The connection to a public sanitary sewer system may be accomplished by the following methods, listed in order of preference:

     A. The construction of gravity sanitary sewers as an extension of the existing gravity sanitary sewer system.

     B. The construction of a public or private pressure/vacuum sewer system and connection to the existing sanitary sewer system.

     C. The construction of gravity sanitary sewers, wastewater pumping station, and force main connection to the existing sanitary sewer system.

2. Standards. All such construction shall be in accordance with the standards of the Port Royal Municipal Authority and the domestic wastewater facilities standards of the Pennsylvania Department of Environmental Protection. Where it can be show, to the satisfaction of the Port Royal Borough Council that connection to the existing sanitary sewer system is not feasible, through any of the methods listed above, the Borough may permit the following alternatives, listed in order of preference:

     A. Construction of private individual and/or community onlot sewage systems in accordance with the Sewage Disposal Facilities requirements of Chapter 73 of Title 25, Rules and Regulations of the Domestic Wastewater Facilities requirements of the Pennsylvania Department of Environmental Protection.

     B. Construction of private retaining tanks as interim facilities for residential developments and as interim or permanent facilities for non-residential facilities in accordance with the Sewage Disposal Facilities requirements of Chapter 73 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

     C. Construction of individual and/or community onlot sewage systems in accordance with the Sewage Disposal Facilities requirements of Chapter 73 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

(Ord. 2003-02, 12/3/2003, §1)

§22-508.     Walkways.

The Planning Commission may require, in order to facilitate pedestrian access from the development to schools, parks, playgrounds, roads or other nearby areas dedicated to the public use, perpetual unobstructed easements at least 10 feet in width. Such access easements shall be indicated on the plat.

(Ord. 2003-02, 12/3/2003, §1)

§22-509.     Utilities.

1. Utilities; including electric, telephone, cable TV, and natural gas; shall be installed underground in accordance with the Pennsylvania Underground Utilities Act. Unless required by the specific utility company, underground utilities are not required for any of the following situations:

     A. A residential subdivision of less than five lots bordering an existing street which is presently served by overhead utility service.

     B. Commercial or industrial development.

     C. A project where a variance, under the provisions of the Act, has been granted by the Pennsylvania Public Utility Commission.

2. Easements. The location and width of utility easements shall be as specified by the particular utility company. The maximum extent possible, easements shall be centered on or located adjacent to rear or side property lines or adjacent to street right-of-way lines, either within or outside of the street right-of-way.

(Ord. 2003-02, 12/3/2003, §1)

§22-510.     Areas to be Dedicated to the Public Use.

1. Parks, Playgrounds, and Recreation Areas.

     A. General Standards. Within the development tract, land shall be reserved for parks, playgrounds, and/or recreation purposes in locations designated on the Comprehensive Plan or official map of Port Royal Borough or as otherwise specified by the Port Royal Borough Planning Commission. Such areas shall be of suitable size, dimension, topography, and general character and shall have adequate street access, for the particular purposes defined by the Planning Commission. For major residential subdivisions and/or land developments, the areas to be reserved for parks, playgrounds, and/or recreation purposes shall be calculated on the basis of providing at least 200 square feet per dwelling unit. If requested, the applicant shall dedicate all such areas to Port Royal Borough or such other public entity designated by the Borough, as a condition of final approval.

     B. Site Limitations. Land reserved for recreation purposes shall be of a character and location suitable for such use and shall be improved by the applicant to the standards specified by the Planning Commission, which improvements shall be included in the performance bond.

2. Open Space.

     A. General Standards. Within the development tract, land shall be reserved for open space in locations designated on the Comprehensive Plan or official map of Port Royal Borough or as otherwise specified by the Port Royal Borough Planning Commission. Such areas shall be of suitable size,dimension, topography, and general character and shall have adequate street access, for use as open space. For major residential subdivisions and/or land developments, the areas to be reserved for open space shall be calculated on the basis of providing at least 300 square feet per dwelling unit. If requested, the applicant shall dedicate all such areas to Port Royal Borough or such other public entity designated by the Borough, as a condition of final approval.

(Ord. 2003-02, 12/3/2003, §1)

§22-511.     Preservation of Natural Features and Amenities.

As specified by the Port Royal Borough Planning Commission, existing natural features which would add value to residential development or are considered to be of value to Port Royal Borough as a whole; such trees, watercourses, falls, historic structures, or areas and similar irreplaceable natural assets; shall be preserved. Where required, all trees required to be preserved shall be welled and protected against changes of grade.

(Ord. 2003-02, 12/3/2003, §1)

§22-512.     Soil Erosion and Sedimentation Control.

1. All subdivisions and land developments shall develop, implement, and maintain erosion and sedimentation control measures and facilities that effectively minimize accelerate erosion and prevent sediment pollution. All such measures and facilities shall be in accordance with the erosion control requirements of Chapter 102 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

2. For projects proposing construction activities with a total earth disturbance of less than 5 acres, over the life of the project and which are not a part of a longer common plan of development or sale, the plat shall indicate those measures and facilities proposed to be used to effectively minimize accelerated erosion and prevent sediment pollution both during and after development. Such project shall also comply with the requirements of Chapter 102 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection.

3. For projects proposing construction activities with a total earth disturbance of at least 5 acres, over the life of the project and which are not a part of a larger common plan of development or sale; or for projects proposing construction activities with a total earth disturbance of more than 5 acres over the life of the project which are parceled in compliance with applicable regulations, the plat shall comply with the requirements for coverage under the Pennsylvania General Permit for Discharge of Stormwater from Construction Activities. Such project shall comply with the requirements of Chapter 102 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection and with the requirements of the National Pollution Discharge Elimination System (NPDES) Permit regulations.

4. For projects proposing construction activities with a total earth disturbance of 25 acres or more, the plat shall comply with the requirements for coverage under the Individual NPDES Permit for Discharge of Stormwater from Construction Activities. Such project shall comply with the requirements of Chapter 102 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection and with the requirements of the National Pollution Discharge Elimination System (NPDES) Permit regulations.

(Ord. 2003-02, 12/3/2003, §1)

§22-513.     Floodplains.

All subdivisions and land developments shall comply with all applicable provisions of the Port Royal Borough Floodplain Ordinance [Chapter 8] and with the requirements of the National Flood Insurance Program and the Pennsylvania Floodplain Management Act; to minimize future damage from flooding in the Borough of Port Royal.

(Ord. 2003-02, 12/3/2003, §1)

§22-514.     Water Obstructions, Stream Encroachments, and Wetland Protection.

All subdivisions and land developments shall comply with the dam safety and waterway management requirements of Chapter 105 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection, as well as the requirements of §404 of the Federal Water Pollution Control Act. These regulations pertain jointly to activities such as culverts, bridges, stream enclosures, channel changes, dredging, fills, levees, flood walls, stream bank retaining devices,stream crossings, outfalls, intakes, docks, wharves and bulkheads.

(Ord. 2003-02, 12/3/2003, §1)

§22-515.     Driveways.

General Standards.

     A. All driveways and related improvements shall be located and constructed in such a manner as to not impair drainage or normal maintenance within the street right-of-way, alter the stability of the street surface, subgrade, or embankments, change the drainage of adjacent areas, or interfere with the use of the street.

     B. Pipes under driveways and within the Street right-of-way shall not be less than 15 inches in diameter, unless specific provisions have been made for the prevention of the obstruction of the inlet opening of the culvert and for the conveyance of stormwater in the event of the obstruction of the opening.

     C. Driveways, of all types, providing access to a Borough Street, shall be located, designed, and constructed in compliance with the provisions of §§441.7, 441.8, and 441.9 of Title 67 of the Pennsylvania Code. All provisions for access to State Highways shall be, by reference, applicable to access to Borough Streets, unless such requirement(s) are waived by the Port Royal Borough Council following the procedures for the granting of waivers or modifications applicable to subdivisions or land developments.

     D. A driveway shall not be used as a means of conveying stormwater runoff away from the physical improvements on a property and no stormwater is to be conveyed by the driveway onto the intersecting street. In the event that the proposed construction is anticipated by the application or judged by the Borough to cause an increase in the flow of water onto the property of persons other than the applicant, appropriate drainage releases from all persons so affected shall be submitted.

(Ord. 2003-02, 12/3/2003, §1)

§22-516.     Sidewalks, Curbs, and Gutters.

Sidewalks, curbs, gutters, or combinations of curbs and gutters shall be installed as directed by the Port Royal Borough Planning Commission and constructed in accordance with Pennsylvania Department of Transportation standard drawings and From 408 specifications.

(Ord. 2003-02, 12/3/2003, §1)

Part 6: Supplemental Requirements for Improvements, Reservations, and Design of Specific Types of Development

§22-601.     Travel Trailer Parks and Campgrounds.

1. The standards of the Commonwealth of Pennsylvania, Department of Environmental Protection, must be met. Travel trailers used as permanent residences shall not be permitted in travel trailer parks and campgrounds.

2. Travel Trailer Park and Campground Lot or Space Requirements.

     A. The maximum number of lots or camping spaces within each park or campground shall be no more than fifteen per acre of gross area of the park or campground.

     B. The minimum lot or camping space shall be thirty feet wide by fifty feet deep be not less than 1,500 square feet in area.

     C. All lots or camping spaces shall abut and have thirty feet of frontage on a street of the park’s or campground’s internal street system.

3. A minimum of 1.5 vehicle parking spaces shall be provided for each park lot or campground space within the travel trailer park or campground.

4. An internal park or campground system of private or public shall be provided and constructed according to the street standards of this Chapter.

(Ord. 2003-02, 12/3/2003, §1)

§22-602.     Nonresidential Subdivisions.

1. General. If a proposed subdivision includes land that is proposed for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning Commission may require. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Commission and shall conform to the proposed land use and standards established in the Comprehensive Plan and/or official map.

2. Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

     A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

     B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generally thereupon.

     C. Special requirements may be imposed by the Borough with respect to street, curb, gutter, and sidewalk design and construction.

     D. Special requirements may be imposed by the Borough with respect to the installation of public utilities, including water, sewer, and stormwater drainage.

     E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

     F. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

(Ord. 2003-02, 12/3/2003, §1)

§22-603.     Land Development.

Any land development shall be required to comply with all procedures and requirements of this Chapter. Land developments shall be reviewed and approved provided that the applicant proves the following:

     A. The layout of the land development shall be designed to ensure adequate protection of the environment and neighboring properties, provide adequate access and traffic circulation, provide adequate parking, provide no excessive demands upon existing public facilities and services.

     B. The Land Development shall not be detrimental to the public health, safety, and welfare.

(Ord. 2003-02, 12/3/2003, §1)

§22-604.     [Reserved.]

§22-605.     Preliminary Plat.

1. General. The preliminary plat shall be prepared in accordance with the Act of May 23, 1945 (PL 913, No 367), known as the “Professional Engineers Registration Law”, as it pertains to the respective responsibilities of professional engineers and professional land surveyors. It shall be drawn at a scale of not more than 100 feet to the inch and shall be on sheets of such size as is acceptable for filing in the office of the Recorder of Deeds, but shall not be larger than 34 by 44 inches. If more than one sheet is required, at least the first sheet shall contain a key map and the sheets shall be consecutively numbered.

2. Features. The preliminary plat shall show the following:

     A. The location of the property with respect to adjoining property, with respect to nearby streets located within 400 feet of the property boundaries and with respect to Borough boundaries, the names of all adjoining property owners of record or the names and lot numbers of adjoining developments, the names of nearby streets and the names of all municipalities within which the property is located.

     B. The location and dimensions of all tract and lot boundary lines of the property, with lengths expressed in at least feet and hundredths of a foot, bearings expressed in at least degrees and minutes and curves expressed in length of radius, chord, and arc length in feet and hundredths of a foot and chord bearing in degrees and minutes.

     C. The location of existing streets, easements, water bodies, streams, and all other manmade or natural features such as wetlands, railroads, buildings, parks, cemeteries, drainage ditches, bridges, etc.

     D. The location and width of all existing and proposed streets and easements, alleys, and other public ways and easements and proposed street right-of-ways and building setback lines.

     E. The locations, dimensions, and areas of all existing and/or proposed lots.

     F. The location and dimensions of all property proposed for parks, playgrounds, or other public or private uses, with designation of the purpose thereof.

     G. The name and address of the landowner or landowners of land, the name and address of the applicant, if other than the landowner, and the name and address of the professional engineer, professional land surveyor, and/or landscape architect responsible for the plat.

     H. The date of the initial preparation of the plat, the date of the preparation and a brief description of all subsequent revisions to the plat, a north point, and the indication of the datum used, a graphic scale and title of the plat.

     I. Sufficient data to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground and the location and description, including size, length, and materials, of all existing and proposed monuments.

     J. Name of the subdivision and/or land development and the names of all new streets, as approved by the Planning Commission.

     K. The indication of the existing and/or proposed use of any lots and/or of any existing and/or proposed buildings or structures.

     L. Lots shall be consecutively numbered and lots in additions to the subdivision bearing the same name shall be numbered consecutively throughout the several additions.

     M. The location, width, and description of use or uses of all existing and proposed easements and/or reserved areas.

     N. Location map showing the relationship of the tract to adjoining properties, nearby streets and municipal boundaries.

     O. Tract map, drawn to the scale of the County tax map containing the tract, showing the relationship of the proposed development to the entire tract and to adjoining tracts.

     P. Existing and proposed contours at a vertical interval of 5 feet or less and the elevation datum to which the contour elevations refer. Contours at a 2 foot vertical interval may be required on level terrain or for intensive development projects. For developments involving floodplains with determined 100 year flood elevations, the elevation datum is required to be the elevation datum of the flood insurance rate maps.

     Q. For property containing or adjacent to floodplains, the plat shall show the boundary of the 100 year floodplain (based on the elevation contours of the property wherever possible), the 100 year Floodway and/or the special flood hazard area and shall note the elevation of any determined 100 year flood plain. If unavailable, the best available information shall be shown from flood hazard boundary maps, Corps of Engineers maps or known flood elevations.

     R. Sewage Disposal.

          (1) If a new individual or community on-lot sewage system is proposed, the location of all soil profile excavations, both suitable and unsuitable, all percolation holes, both suitable and unsuitable; all existing and proposed water supplies (wells, reservoirs, springs, etc.) and surface water (ponds, lakes, streams, wetlands, etc.) located within 100 feet of any portion of a soil test site and all existing or proposed onlot sewage systems located within 100 feet of the tract boundaries shall be located by field survey and accurately positioned on the plat. A reference number shall be shown on the plat to correlate each soil test site with the appropriate reference number from the Site Investigation and Percolation Test Report form prepared by the Sewage Enforcement Officer (SEO) or soil consultant. The soil types, as shown on the U.S. Soil Conservation Service (SCS) maps and their boundaries, as well as the ground surface slope at each test site shall also be shown on the plat. Soil types that are generally identified by SCS as having major hydric components or inclusions of hydric components or as being classified as prime farmland or as being frequently flooded; shall be specifically noted on the plat. For each soils test site that is proposed for a primary or replacement on-lot sewage system, the boundaries of such area shall be defined by bearings and distances and referenced to the tract or lot boundaries. These areas shall be noted to be reserved for on-lot sewage system construction and are not to be disturbed. A note shall also be placed on the plat to indicate that an onlot sewage system permit will be required to be obtained from the SEO prior to the start of construction of the onlot sewage system or the application for a building permit.

     (2) If a connection to and/or an extension of an existing community sewerage system is proposed, the plat shall include the proposed point of connection to the existing sewerage system and/or a detailed plan and profile view of the proposed extension, noting the size, materials, elevations, slopes, and related  specifications pertaining to the proposed construction. In addition, the plat shall show the location of all existing and proposed water supplies (wells, reservoirs, springs, etc.) and surface waters (ponds, lakes, streams, wetlands, etc.) and all existing or proposed sewage systems within or adjacent to the development site. The boundaries of soil types that are mapped by the U.S. Soil Conservation Service (SCS) as being within the tract boundaries and that are generally identified by SCS as having major hydric components or inclusions of hydric components or as being classified as prime farmland or as being frequently flooded; shall be specifically shown and noted on the plat. A note shall also be placed on the plat to indicate that a connection permit may be required to be obtained from the owner/operator of the existing community sewerage system prior to the start of construction of the connection and/or extension or the application for a building permit.

          (3) If a new individual or community sewerage system is proposed, the plat shall include detailed plan and profile view(s) of the proposed sewerage system, noting the size, materials, elevations, slopes, and related specifications pertaining to the proposed construction. In addition, the plat shall show the location of all existing and proposed water supplies (wells, reservoirs, springs, etc.) and surface waters (ponds, lakes, streams, wetlands, etc.) and all existing or proposed sewage systems that are mapped by the U.S. Soil Conservation Service (SCS) as being within the tract boundaries and that are generally identified by SCS as having major hydric components or inclusions of hydric components or as being classified as prime farmland or as being frequently flooded shall be specifically shown and noted on the plat. A note shall also be placed on the plat to indicate that a permit will be required to be obtained from the Pennsylvania Department of Environmental Protection, prior to the start of construction of the sewerage system or the application for a building permit.

          (4) If an existing individual or community onlot sewage system is proposed to be used, the location of all soil profile excavations, both suitable and unsuitable; all percolation holes, both suitable and unsuitable; all existing and proposed water supplies (wells, reservoirs, springs, etc.) and surface waters (ponds, lakes, streams, wetlands, etc.) located within 100 feet of any portion of a soil test site and all existing or proposed onlot sewage systems located within 100 feet of the tract boundaries; shall be located by field survey and accurately positioned on the plat. A site with the appropriate reference number from the Site Investigation and Percolation Test Report form prepared by the Sewage Enforcement Officer (SEO) or soil consultant. The soil types, as shown on the U.S. Soil Conservation Service (SCS) maps and their boundaries, as well as the ground surface slope at each test site shall also be shown on the plat. Soil types that are generally identified by SCS as having major hydric components or inclusions of hyric  components or as being classified as prime farmland or as being frequently flooded, shall be specifically noted on the plat. For each soils test site that is proposed for a primary or defined by bearings and distances and referenced to the tract or lot boundaries. These areas shall be noted to be reserved for onlot sewage system construction and are not to be disturbed. The approximate date of installation of the existing system should be documented and noted on the preliminary plat shall show the location of the existing system, the size and type of system and the permit number for the system, if known. If the system was installed prior to May 15, 1972, the preliminary plat shall show the location of the existing system, the size and type of system and the permit number for the system, if known. If the system was installed prior to May 15,1972 or was installed under the “rural residence” exclusion, all available information on the system design and location shall be shown.

          (5) As required by the rules and regulations of the Pennsylvania Department of Environmental Protection, the appropriate Sewage Facilities Planning Modules should be fully completed and executed by the applicant. Those portions of the modules that are noted to be completed and executed at the time of their submission with the preliminary plat. The transmittal letter form and draft resolution for sewage facilities plan revision should be prepared for execution by the Borough. If a residual tract of land is proposed on which there is not present or future need for sewage facilities or if a subdivided lot is proposed for agricultural/silvicultural use or mineral lease, for side lot additions large enough to support development but not proposed to be developed, for divisions of farmland to settle estates where no buildings or development is proposed or for separating an existing dwelling from its farmland for agricultural use, planning modules may not be required and other required forms should be completed and submitted in the place of planning modules.

     S. Street. For all proposed new streets and for all widenings of existing streets, the plats shall include the plan and profile views of all proposed new streets and typical cross-sections for all proposed new streets and proposed street widenings. The plan and profile views shall contain all of the horizontal design standards required by this Chapter and shall contain proposed final contours within the right-of-way. The plan view shall specifically indicate the location of all proposed to be used in the construction of the street, as well as the dimensions of all proposed new street intersects with a state highway, the Preliminary Plat shall be accompanied by a copy of the fully completed highway occupancy permit application.

     T. Stormwater Facilities. As appropriate, plan, profile, and sectional views shall be provided to fully define all proposed stormwater facilities and shall contain all of the design standards required by this Chapter. Inlet and/or outlet invert elevations shall be specified for all structures. References to PennDOT specifications (Form 408) and/or details (Publication 72) shall be satisfactory, in lieu of plans, profiles, or detail drawings, for all structures contained within PennDOT specifications and detailed drawings. If the proposed stormwater facilities fall under the jurisdiction the dam safety and waterway management requirements of Chapter 105 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection and/or of §404 of the Federal Water Pollution Control Act, the preliminary plat shall be accompanied by a copy of the fully completed Dams and Waterway Management PErmit Application.

     U. Water Facilities.

          (1) If an extension of the existing community water system is proposed, the plan view shall include the location of the proposed water lines, valves, fittings, fire hydrants, and related appurtenances and the location of service taps, lines, and curb stops and shall contain all of the design standards required by this Chapter. The profile view shall indicate the standards required by this Chapter. The profile view shall indicate the proposed depth of the proposed water facilities and shall show the depth of all structures or facilities crossing over or under the water main or within 10 feet horizontally from the proposed water main. The preliminary plat shall be accompanied  by documentation from the owner of the public water system, proposed to be extended, assuring that the community water system will be extended to the proposed project.

          (2) If wells are proposed, the proposed location of all wells shall be shown or the areas within which wells are to be prohibited shall be shown. The location of proposed water service lines shall also be shown.

          (3) If the proposed water facilities fall under the jurisdiction of the public  water system requirements of Chapter 109 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection; the preliminary plat shall be accompanied by a copy of the fully completed Public Water System Permit Application.

     V. Utilities. As appropriate, plan, profile, and sectional views shall be provided to fully define all other proposed utilities and shall contain all of the design standards required by this Chapter. The preliminary plat shall be accompanied by documentation from the owner of the appropriate utilities assuring that utility service will be extended to the proposed project.

     W. Soil Erosion and Sedimentation Control Facilities. As appropriate, plan, profile, and sectional views shall be provided to fully define all proposed soil erosion and sedimentation control facilities and shall contain all of the design standards required by this Chapter. The preliminary plat shall be accompanied by a copy of an erosion and sedimentation control plan and narrative, prepared in compliance with the requirements of Chapter 102 of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection; the preliminary plat shall be accompanied by a copy of the fully completed general or individual permit application.

(Ord. 2003-02, 12/3/2003, §1)

§22-606.     [Reserved.]

§22-607.     Final Plat.

General. The plats submitted for final approval shall contain the notation of final plat, shall contain all of the information required of a preliminary plat and satisfy any conditions listed within the approval of the preliminary plat.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 23 – Swimming Pools

Part 1: Construction, Maintenance, and Use of Private Swimming Pools

§23-101.     Definition.

As used in this Part, “swimming pool” or “pool” is hereby defined as an outdoor swimming pool used or intended to be used solely by the owner of a residential property, his family or lessee thereof and his family and by guests invited to use it without the payment of any fee.

(Ord. 2003-02, 12/3/2003, §1)

§23-102.     Applicability.

This Part shall apply to all new order swimming pools hereinafter constructed as well as existing swimming pools whether aboveground or in the ground and having a depth of 18 inches or more at any one point.

(Ord. 2003-02, 12/3/2003, §1)

§23-103.     Construction Permit and Approval.

1. Before any work is commenced on the construction of a swimming pool or on any alteration, addition, remodeling, or other improvement to a swimming pool, an application for a permit for construction, together with plans and specifications pertinent to the construction, as well as explanatory data, shall be submitted to the Building Inspector. No part of the work shall be commenced until approval has been granted the applicant by a written permit. The fee for such permit shall be fixed pursuant to a resolution of the Port Royal Borough Council.

2. All plans, including a plot plan, shall bear the name and seal of a registered architect, engineer, or surveyor. The plot plan shall show the location of all buildings and the proposed pool on the property, distances to all property lines in the immediate vicinity of the swimming pool and dwelling, and the location of wells, sewage disposal systems and proposed enclosure or fence around the pool.

3. Standard pools, properly designed by established swimming pool companies and having the approval of a registered architect shall be acceptable when accompanied by suitable plans and specifications, including information as stated herein.

(Ord. 2003-02, 12/3/2003, §1)

§23-104.     Enclosure.

1. Every swimming pool shall be completely surrounded by a fence, wall, or similar enclosure not less than 4 feet in height, which shall be so constructed as to have no openings, holes, or gaps larger than 2 inches in any dimension. If the fence or wall is a picket fence, the horizontal dimensions maintained shall not exceed 4 inches. A dwelling or accessory building may be used as part of such enclosure.

2. All gates or door openings through such enclosure shall be equipped with a self-closing, self-latching device on the pool side for keeping the gate or door securely closed at all times when not in use, except that the door of any dwelling or accessory shall surround the pool and the deck area. Fences shall be erected around all existing swimming pool no later than [date].

(Ord. 2003-02, 12/3/2003, §1)

§23-106.     Design and Construction Requirements.

No permit to construct new swimming pools (existing pools are excluded from this Section) shall be issued unless and until the following design and construction requirements are observed:

     A. Material. The material used for lining a swimming pool shall be light in color, impervious, and shall provide a tight tank with easily cleaned surfaces. Sand or dirt bottoms are prohibited if uncovered.

     B. Walls and Bottom. All pool walls and bottoms shall be designed to withstand water pressure from within and to resist the pressure of earth or groundwater when the pool is empty.

     C. Steps, Ladders, Handholds. One or more steps, ladders, step-holes or handholds shall be provided for all pools. The coping of the swimming pool, if not higher than 8 inches above the water surface, shall be considered a handhold.

     D. Make-Up Water. Pools shall be equipped with suitable facilities for adding make-up water as required. There shall be no physical connection between the water supply line and the pool system. When make-up water is added to the pool, the inlet shall at least 6 inches above the pool water surface.

     E. Drainage Outlet. No pool water shall be drained at the curb, along the gutter line of any street or on the surface of any street. A pool drainage system may be connected to the public sanitary sewer system upon written approval of the Municipal Authority.

     F. Safety Equipment. Life preservers, ropes, and slopes shall be readily available at the pool site.

(Ord. 2003-02, 12/3/2003, §1)

§23-107.     Portable Pools.

1. Aboveground pools are not subject to the fee schedules nor the design and requirements as set forth herein. However, all such pools having walls less than 4 feet shall be enclosed in accordance with the provisions of this Part.

2. Portable aboveground pools having walls 4 feet or greater in height may be excluded from the fencing requirement; provided, such pools are equipped with access ladders which may be raised and locked in and near vertical position when the pool is unattended. An aboveground pool as described in this subsection which is served by a ladder or steps which cannot be raised and locked so as to prevent access by small children shall be enclosed in accordance with §23-103.

(Ord. 2003-02, 12/3/2003, §1)

§23-108.     Property Rights.

No swimming pool shall be so located or maintained as to interfere unduly with the enjoyment of the property rights of others.

(Ord. 2003-02, 12/3/2003, §1)

§23-109.     Shielding Lights.

Lights used to illuminate any swimming pool shall be so arranged as to reflect light away from adjoining premises.

(Ord. 2003-02, 12/3/2003, §1)

§23-110.     Electrical Connections.

1. All electrical installations shall conform to the specifications of the National Electrical Code. No electrical wires or conductors shall cross, either overhead or underground, on any part of a swimming pool, nor shall any electric wiring be installed parallel to any pool wall closer than 5 feet, if underground, unless enclosed in a rigid conduit, or within 5 feet, if overhead.

2. All underwater lights must be watertight, self-contained units with ground connections running from a waterproof junction box to a proper grounding facility or medium. All underground electric wire supplying current to said lights within a distance of 5 feet of the pools wall or walls shall be enclosed in rigid conduits. All metal fences, enclosures, or railings, near or adjacent to a swimming pool, which might become electrically charged as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded.

(Ord. 2003-02, 12/3/2003, §1)

§23-111.     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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 24 – Taxation, Special

Part 1: Realty Transfer Tax

§23-101.     Short Title.

This Part shall be known as the “Realty Transfer Tax Ordinance” of Port Royal Borough.

(Ord. 2003-02, 12/3/2003, §1)

§23-102.     Authority.

A realty transfer tax for general revenue purposes is hereby imposed upon the transfer of real estate or interest in real estate situated within the Borough of Port Royal, 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 et seq.

(Ord. 2003-02, 12/3/2003, §1)

§23-103.     Definitions.

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.

BOROUGH – the Borough of Port Royal, Juniata County, Pennsylvania.

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 of 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 conform a public utility easement. “Document” shall also include a declaration of acquisition required to be presented for recording under §24-102.

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.

     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 recreational activities.

     C. Fur farming.

     D. Stockyard and slaughterhouse operations.

     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, a spouse of any of the foregoing and the estate 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 Section 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 this 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-stockholders’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 people and which:

     A. Derives 60% or more of its annual gross receipts from the ownership or disposition of real estate/

     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

     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.

     B. Any interest in real estate enduring for a fixed period of years but which either by reason of length of the term or the grant of a right to extend the term by renewal or otherwise, consist 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.

VALUE

     A. In the case of any bona fide sale of real estate at arm’s 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 lines or other encumbrances and grounds also encumber or are charged against 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 sale.

     B. In the case of a gift, sale by execution upon a judgement 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.

     C. 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.

     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 principal of the grantor of a related corporation, association, or partnership and the grantee existing before or effective with the transfer.

(Ord. 2003-02, 12/3/2003, §1)

§23-104.     Imposition of Tax; Interest.

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 of Deeds 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 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 the Borough Council under the authority of that Act shall during the time such duplication of the tax exists, except as hereinafter otherwise provided, be one-half of the rate and such one-half shall become effective without any action on the part of the Borough Council; provided, however, that the Borough and any other political subdivision which impose such tax rates to one-half 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.

(Ord. 2003-02, 12/3/2003, §1)

§23-105.     Exempt Parties.

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 Part. The exemption of such governmental bodies shall not, however, relieve any other party to a transaction from liability for the tax.

(Ord. 2003-02, 12/3/2003, §1)

§23-106.     Excluded Transactions.

1. The tax imposed by §24-104 shall not be imposed upon:

     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 line adjustments; provided, said reconveyance is made within 1 year from the date of condemnation.

     B. A document which the Borough is prohibited from taxing under the Constitution or statutes of the United States.

     C. 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 not 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 or division in kind for no or nominal actual consideration of property passed by testate or intestate succession and held by continents; 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 between a grandparent and grandchild or the spouse of such grandchild, except that a subsequent transfer by the grantee within 1 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.

     I. A transfer for no or nominal actual 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 for no or nominal actual consideration between principal and agent or straw party or 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 PArt. 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 subsection.

     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.

     M. A transfer from a corporation or association of real estate held of record in the name 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 2 years.

     N. A transfer from a nonprofit industrial development agency or authority to a grantee of property conveyed by the grantee to that agency or authority as security for a debt of the grantee or a transfer to a nonprofit industrial development agency or authority.

     O. A transfer from a nonprofit industrial development agency or authority to a grantee purchasing directly from it, but only if the grantee shall directly use such real estate for the primary purpose of manufacturing, fabricating, compounding, processing, publishing, research and development, transportation, energy conversion, energy production, pollution control, warehousing or agriculture and the agency or authority has the full ownership interest in the real estate transferred.

     P. 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.

     Q. 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.

     R. A transfer to a conservancy which possesses a tax exempt status pursuant to §501(c)(3) of the Internal Revenue Code of 1986, (68 Stat. 3, 26 U.S.C. §501(c)(3) and which has as its primary purpose preservation of land for historic, recreational, scenic, agricultural, or open space opportunities.

     S. 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.

     T. A transfer between members of the same family of an ownership interest in a real estate company or family farm corporation. 

     U. A transaction wherein the tax is $1 or less.

     V. 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 Section, the true, full and complete value of the transfer shall be sown 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.

(Ord. 2003-02, 12/3/2003, §1)

§23-107.     Documents Relating to Associations or Corporations and Members, Partners, Stockholders, or Shareholders Thereof.

Except as otherwise provided in §24-106, 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 purposes of this Section, corporations and associations are entities separate from their members, partners, stockholders, and shareholders.

(Ord. 2003-02, 12/3/2003, §1)

§23-108.     Acquired Company.

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 3 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. Within 30 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 acquired company in such county. A copy of the Pennsylvania Realty Transfer Tax Declaration of Acquisition may be submitted for this purpose.

(Ord. 2003-02, 12/3/2003, §1)

§23-109.     Credits Against Tax.

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 building within the preceding year as a 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 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 to the builder toward the amount of 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 the 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 Section, 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.

(Ord. 2003-02, 12/3/2003, §1)

§23-110.     Extension of Lease.

In determining the terms of a lease, it shall be presumed that a right or option to renew or extend a leased will be exercised if the rental charge to the lessee is fixed or if a method for calculating the rental charge is established.

(Ord. 2003-02, 12/3/2003, §1)

§23-111.     Proceeds of Judicial Sale.

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, judgement, 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 moneys paid to him in connection therewith. If the proceeds of the sale are insufficient to pay the entire herein imposed, the purchaser shall be liable for the remaining tax.

(Ord. 2003-02, 12/3/2003, §1)

§24-112.     Duties of Recorder of Deeds.

1. As provided in 16 P.S. §11011-6, as amended by Act ofJuly 7, 1983, (P.L. 40, No. 21), the Recorder of Deeds shall be the collection agent for the local realty transfer tax, including any amount payable to 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 the Borough.

2. In order to ascertain the amount of the 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 the Borough all local realty transfer taxes collected, less than 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 re-record the deed or record the additional realty transfer tax form only when both the State and local amounts and a re-recording fee has been tendered.

(Ord. 2003-02, 12/3/2003, §1)

§24-113.     Statement of Value.

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. A copy of the Pennsylvania Realty Transfer Tax Statement may be submitted for this purpose. The provisions of this Section 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 document is not subject to tax under this Part.

(Ord. 2003-02, 12/3/2003, §1)

§24-114.     Civil Penalties.

1. If any part of any underpayment of taxes imposed by this Part 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 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 1 month, with an additional 5% for each additional month or fraction thereof during which such failure continues, not exceed 50% in the aggregate.

(Ord. 2003-02, 12/3/2003, §1)

§24-115.     Lien.

The tax imposed by this Part 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 the 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, said lien to begin at the time when the tax under this Part is due and payable and continue until discharged 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 Juniata County in accordance with the provisions of the Municipal Claims and Liens Act of 1923, 53 P.S. §7101 et seq., it supplements and amendments.

(Ord. 2003-02, 12/3/2003, §1)

§24-116.     Enforcement.

All taxes imposed by this Part, together with interest and penalties prescribed herein, shall be recoverable as other debts of like character are recovered.

(Ord. 2003-02, 12/3/2003, §1)

§24-117.     Regulations.

The Recorder of Deeds of Juniata County 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.

(Ord. 2003-02, 12/3/2003, §1)

Part 2: Amusement Admissions Tax

§24-201.     Title.

This Part shall be known as the “Port Royal Borough Amusement Admissions Tax” Ordinance.

(Ord. 1996-3, 12/4/1996, §1)

§24-202.     Authority for Enactment.

This Part is enacted under authority of the Local Tax Enabling Act, P.L. 1257, No. 511, December 31, 1965, P.S. §6901 et seq. (1982), as hereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania.

(Ord. 1996-3, 12/4/1996, §2)

§24-203.     Purpose.

This Part is enacted to provide general revenue for the Borough by imposing a tax on admissions to amusements within the Borough. This Part provides for the collection of such tax by imposing the duty of collection of the tax on those persons conducting an amusement and related duties on the Borough collector of the tax.

(Ord. 1996-3, 12/4/1996, §3)

§24-204.     Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

     ADMISSION – monetary charge of any character, including contributions, donations, dues, or membership fees, periodic or otherwise, charged for the privilege of attending or engaging in amusements as hereinafter defined; provided, “admission” shall not include tax added or charge expressly subject to the Tax Reform Code of 1971, P.L. 6, No. 2, March 4, 1971, 72 P.S. §7161 et seq. (1982), as hereafter amended, supplemented, modified, or reenacted by the General Assembly of Pennsylvania.

     AMUSEMENT – all manner or form of entertainment, diversion, sport, pastime, or recreation within Port Royal Borough for which admission is charged or paid, except motion picture theatres.

     BOROUGH – Port Royal Borough, Juniata County, Pennsylvania.

     COUNCIL – Port Royal Borough Council, Juniata County, Pennsylvania.

     PERSON – any individual, partnership, limited partnership, association, firm, or corporation. Whenever used in any clause prescribing or imposing a penalty, “person” as applied to associations shall mean the partners thereof and as applied to corporation, the officers thereof.

2. The singular shall include the plural, the plural shall include the singular, the masculine shall include the feminine. The definitions herein are intended to be construed so as to be consistent with and subject to the limitations, if any, contained in the Local Tax Enabling Act, as it now exists or is hereafter amended.

(Ord. 1996-3, 12/4/1996, §4)

§24-205.     Imposition of Tax.

A tax is imposed, for general revenue purposes, at the rate of 10% of the admission price to each amusement within Port Royal Borough for which the individual admission price is $0.10  or more. The tax shall not be charged and collected on:

     A. Admission accompanying or incidental to the serving of food or drink or the sale of merchandise, where the charge for admission is wholly included in the price paid for food, refreshment, or merchandise is not increased during the time when entertainment is offered. In the event that the price of such food, refreshment, or merchandise is increased during times the entertainment is offered, then such increase in the price as is paid by one purchasing such food, refreshment, or merchandise shall be deemed to be an admission.

     B. Admission for individuals who are actively participating in the entertainment, diversion, sport, pastime, or recreation within the Borough for which admission is charged or paid.

(Ord. 1996-3, 12/4/1996, §5)

§24-205.     Rate of Tax.

1. Where the admission is fixed, the tax shall be collected according to the following table:

PriceTax
$.10 – .15$.01
.16 – .25.02
.26 – .35.03
.36 – .45.04
.46 – .55.05
.56 – .65.06
.66 – .75.07
.76 – .850.8
.86 – .950.9
.96 – .99.10

2. If the price is $1 or more the tax shall be 10% of each dollar plus additional charges according to the table in subsection (1) above upon any fractional part of $1 in excess of even dollar amounts.

3. Where the admission is not fixed, the tax shall be based upon the gross admissions collected.

(Ord. 1996-3, 12/4/1996, §6)

§24-206.     Permit Required.

After the effective date of this Part, any person desiring to conduct or to continue to conduct any amusement within Port Royal Borough shall file with the collector of the tax an application for an amusement permit for each amusement held. A permit is required for each performance/occurence of an amusement.

(Ord. 1996-3, 12/4/1996, §7; as amended by Ord. 1997-2, 2/6/1997, §1)

§24-207.     Permit Expiration.

All permits expire 30 days after the date of issuance or after the amusement has occurred whichever is the first to occur. All permits expire on December 31, of the year in which issued.

(Ord. 1996-3, 12/4/1996, §8; as amended by Ord. 1997-2, 2/6/1997, §2)

§24-209.     Permit Application.

1. On forms supplied by the collector of the tax, the following information shall be printed in ink or typewritten. (See Appendix “A”):

     A. Name and address of the person receiving the permit.

     B. Location of the amusement covered by the permit.

     C. Type of amusement.

     D. Period for which the permit is issued.

     E. Number of the permit.

     F. Date the permit is issued.

2. Every permit shall be signed by the permittee and issued in duplicate. The original shall be given to the permittee and the duplicate shall be kept on file by the Borough.

3. In case of loss, defacement, or destruction of any permit, the permittee shall apply to the collector of the tax for reissuance.

(Ord. 1996-3, 12/4/1996, §9)

§24-210.     Permit Fee.

Prior to the issuance of an amusement tax permit, an applicant must pay a permit fee in the amount of $5 to the Borough Secretary.

(Ord. 1996-3, 12/4/1996; as added by Ord. 1997-2, 2/6/1997, §3)

§24-211.     Payment of Tax Due; Report to be Submitted by Permit Holders.

1. Every holder of a permit shall every Tuesday transmit to the collector of the tax under oath or affirmation a port of the total admissions charged or collected by holder during the preceding week and of the total tax due thereon under this Part. When holder of the permit submits this report, holder shall pay the collector of the tax the entire amount of tax due.

2. The collector of the tax shall furnish to the person paying any tax levied under this Part a receipt for payment of such tax.

(Ord. 1996-3, 12/4/1996, §10)

§24-212.     Duties of the Collector of the Tax.

1. The collector of the tax is charged with the duties of collecting and receiving taxes, fines, and penalties imposed by this Part. It shall be his duty to keep a record showing the amount received by him, from whom received, and the date of such receipt.

2. The Council is hereby empowered to prescribe, adopt, and promulgate rules and regulations relating to any matter pertaining to the administration and enforcement of this Part.

3. If any person required to secure a permit under this Part shall fail to file a report at the time specified herein or shall file a report which on its face appears incorrect or insufficient, the collector of the tax deems reasonable and appropriate. The collector of the tax shall give the parties assessed a notice which shall state the amount of the tax imposed or levied.

4. Every holder of an amusement permit shall keep and maintain complete records showing the daily admissions charged or collected, the amount of tax due, and any other information necessary to determine the amount of tax due.

5. Any person aggrieved by any decision of the collector of the tax shall have the right to appeal to the appropriate Court of Common Pleas.

(Ord. 1996-3, 12/4/1996, §11)

§24-213.     Confidential Nature of Returns.

Any information gained by the collector of the tax or any other official, agent, or employee of Port Royal Borough as a result of any returns, investigations, hearing, or certifications required or authorized by this Part shall be confidential, except in accordance with proper judicial order or as otherwise provided by law.

(Ord. 1996-3, 12/4/1996, §12)

§24-214.     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 $600.

     A. The Council shall have the power to institute proceedings against any and all persons who violate the provisions of this Part before the appropriate district justice.

     B. If for any reason the tax is not paid when due and 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 interest and penalties herein imposed. Interest shall be due from the due date of the unpaid tax and shall be at the maximum lawful rate, but in no event less than 6% per annum.

(Ord. 1996-3, 12/4/1996, §13)

§24-215.     Revocation of Permit.

In addition to any other penalties imposed by this Part, the Council may upon adjudication in accordance with the Local Agency Law (62 Pa.C.S.A. §551 et seq.) revoke the permit of any person holding a permit under this Part who violates any provision of this Part, including failing or refusing to furnish complete and correct reports or to pay the tax imposed by this Part at the time required or knowingly making any incomplete, false, or fraudulent report or otherwise attempting to avoid the payment of the whole or any part of the tax imposed by this Part.

(Ord. 1996-3, 12/4/1996, §14)

Chapter 25 – Trees

(See Chapter 21: Streets and Sidewalks, Part 2, Pavements, §21-202 Tree Varieties Prohibited)

Chapter 26 – Water

Part 1: Rates, Rents, and Charges

§26-101.     Definitions.

AUTHORITY – Port Royal Municipal Authority, a Pennsylvania Municipality Authority.

BOROUGH – the Borough of Port Royal, Juniata County, Pennsylvania, a Pennsylvania municipality acting by and through its COuncil or, in appropriate cases, acting by and through its authorized representatives.

CONSUMER – a person who, prior to, upon or after the effective date hereof, has contracted or shall contract for water service for a consumer unit and/or a person who, upon or after the effective date hereof, is receiving or shall receive water water service for a consumer unit, with respect to the water system.

CONSUMER UNIT – any room, group of rooms, house trailer, building, or other enclosure occupied by one business or occupied or intended for occupancy as separate living quarters by one family or group of persons living together or by a person living alone.

LEASE – the agreement of lease, dated for convenience as of September 15, 1965, between the Authority and this Borough, with respect to the water system.

PERSON – an individual, partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipal authority, or other group of entity.

TOWNSHIPS – the Townships of Turbett and Milford, both situate in Juniata County, Pennsylvania, Pennsylvania municipalities.

WATER SYSTEM – the water works, water supply works, and water distribution system facilities, together with all appurtenant facilities and properties, including all property, real, personal and mixed, owned by the Authority, together with all appurtenant facilities which the Authority shall acquire, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises, and all other property or interests in property of any nature, for use in connection with constructing, operating, and maintaining said water facilities and all additions, extensions, and improvements which hereafter, from time to time, may be made thereto and which facilities shall be leased by the Authority to this Borough under and pursuant to the lease for operation and use, whether such facilities shall be located in this Borough or in the Townships.

(Ord. 89, 9/20/1965, §1)

§26-102.     Water Rates, Rents, and Charges.

1. Effective Date. Water rentals are imposed and shall be collected from the owner(s) of each improved property which shall be connected to the water system, for use of the water system, which such use shall be direct or indirect, which water rental shall commence and shall be effective as hereinafter set forth in this Part, i.e., February, 2003, or as of the date of connection of each such improved property to the water system, whichever event last shall occur, and shall be payable as provided herein, in accordance with the following schedules of rates and classifications.

2. Residential. All owners of private dwelling units will be billed a flat rate monthly. Any increase in rates will be adopted by resolution. We will not bill tenants only owners, no exceptions will be made. Owners of property can hand bill to tenants or increase their rent to cover water and sewer charges.

3. Nonresidential. All owner(s) of nonresidential improved properties shall pay sewer rental charges monthly according to the number of Equivalent Dwelling Units they may have. See Sewer Billing Consumption Charges at Appendix “A”.

(Ord. 89, 9/20/1965, §2; as amended by Ord. 2/6/1969, by Ord. 6/2/1978; by Ord. 8/2/1979, by Ord. 12/6/1979, by Ord. 12/2/1982, by Ord. 9/14/1993, by Ord. 1995-1, -/-/1995; by Ord. 19999-1, 3/3/1999; and by Ord. 2003-02, 12/3/2003 §1)

§26-103.     Special Classification.

1. Fire Hydrants. The water rate, rent, and charge for each fire hydrant shall be $9.50 per month, billed monthly and payable within 15 days to avoid penalty.

2. Construction. The water rate, rent, and charges for each consumer for building purposes on a new building in which water is installed shall be handled in the same manner. Water meter installed and billed monthly.

(Ord. 89, 9/29/1965; as amended by Ord. 2/6/1969, by Ord. 6/2/1978; by Ord. 12/2/1982, by Ord. 1991-1, 8/16/1991; by Ord. 9/14/1993; and by Ord. 2003-02, 12/3/2003 §1)

§26-104.     Billing and Payment.

1. Billing Dates. All water and sewer is billed monthly and bills are sent the first week of the month. [Ord. 2003-02, 12/3/2003 §1]

2. Late Payments. All bills for consumer units for water service shall constitute the net bill and shall be due and payable of the date thereof. If any such net bill for water service shall not be paid within 15 calendar days after the same has become due and payable, such net bill shall be deemed delinquent and a penalty of 5% shall be added to such net bill, which net bill, plus such penalty, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such 15 day period, as above set forth, shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such  day period.

3. Discontinued Service. If a bill for a consumer unit shall remain unpaid for a period of 60 days after the same shall have become due and payable, water service may be discontinued by this Borough upon 5 days written notice to the consumer whose bill is delinquent, in which case water service will not be restored until the gross bill, together with any turn-on charge in effect at the time, shall have been paid.

4. Prorated Charges. Whenever water service to any consumer unit shall begin after the first day or shall terminate before the last day of any month, the water rates, rents, and charges for such period shall be prorated equitably for that portion of the quarter annum period during which service was provided. [Ord. 2003-02, 12/3/2003 §1]

5. Correct Address. Each bill for a consumer unit for water service shall be made out in the name of the consumer. Each consumer initially shall provide this Borough with, and thereafter shall keep this Borough advised of, his correct address. Failure to receive a bill for water service shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty.

6. Abatement of Water Bill. A consumer desiring abatement of a water bill due to a vacancy shall give notice, in writing, to this Borough requesting water service to be shut off. All vacancies shall date from the day the required notice is received by this Borough or from the date specified in the notice requesting water service to be shut off, whoever is later. Allowance shall be made for the period of vacancy in computing the bill of the consumer. Provided, however, that no abatement shall be made for a period of less than 1 month.

7. Fire Hydrants. Bill for hydrant charges shall be rendered monthly. [Ord. 2003-02, 12/3/2003 §1]

(Ord. 89, 9/20/1965; as amended by Ord. 2003-02, 12/3/2003 §1)

§26-105.     Enforcement.

Proper officers of this Borough are authorized and directed to do all things and to take all legal action necessary, including the filing of municipal claims in accordance with law, to enforce collection of water rates, rents, and charges established and imposed hereby and otherwise to carry out provisions hereof.

(Ord. 89, 9/20/1965)

§26-106.     Rules and Regulations.

1. This Borough, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Council of this Borough, may be desirable, beneficial, or necessary for or in connection with use and operation of the water system and which shall govern and control the distribution and supply of water by this Borough to consumers in this Borough and in the Townships.

2. Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Borough upon adoption thereof.

(Ord. 89, 9/20/1965)

§26-107.     Effective Date and Applicability.

This Part shall become effective upon the date when this Borough shall enter into possession and operation of the water system under and pursuant to the lease and shall be applicable to all consumers then connected with or thereafter to be connected with and served by the water system.

(Ord. 89, 9/20/1965)

§26-108.     Declaration of Purpose.

It is declared that enactment of this Part is necessary for the protection, benefit, and preservation of the health, safety, and welfare of inhabitants of this Borough.

(Ord. 89, 9/20/1965)

Part 2: Operation and Maintenance of Water and Sewer Line; Charges

§26-201.     Introductory Matters.

1. Authority for Part. This Part is adopted in conformance with and pursuant to authority granted by §§1202(2), 2401, and 2461 of the Borough Code (53 P.S. §§462020(2), 4701, and 47461), as amended.

2. Title of Part. This Part shall be known and may be cited as the “Port ROyal Borough Water and Sewer System Ordinance”.

3. Purpose.

     A. From and after the passage of this Part, the Borough of Port Royal will supply water and sewer service to the public under the provisions of this Part. All consumers taking water or receiving sewer service from the Borough shall be bound by the provisions of this Part and all regulations made by the Borough Council in pursuance of the same.

     B. This Part is necessary for the protection and preservation of the health, safety, and welfare of the inhabitants of the Borough.

4. Definitions.

     BOROUGH – Port Royal Borough, Juniata County,Pennsylvania, or the Borough acting through its Council or through its authorized representatives.

     BUILDING CONSTRUCTION – the private water line or sewer line from a curb stop or property line to a dwelling or other building of an improved property with any related fittings and valves.

     COUNCIL the Borough Council of the Borough.

     CUSTOMER – any individual, owner of improved property, or other legal entity who receives water or sewer service from the Borough.

     IMPROVED PROPERTY – a lot of land within the Borough of which is served by Borough water and/or sewer service possessed for continuous or periodic occupancy or use by a human being requiring water and sewer service for such occupancy or use.

     OWNER – a person vested with ownership, legal or equitable, sole or partial, of a property.

     PERSON – a natural individual, firm, partnership, association, corporation,or other group or entity which is the subject of legal rights and duties. Whenever used in any clause prescribing or imposing a penalty, person, when applied to a firm, partnership or association, shall mean the partners of members thereof and when applied to a corporation, the officers thereof.

     SERVICE CONNECTION – the Borough water and/or sewer line from the water main or sewer main to a curb stop or property line with any related fittings, valves, and curb stops.

     SEWER MAIN – a pipe or main of the sewer system used to collect, transport, dispose, or treat sewage generated by a customer.

     SEWER SYSTEM – the integrated facilities of the Borough for collecting, treating, storing, and disposing of sewage generated by customers of the system.

     WATER MAIN – a pipe or main of the water system used to distribute water.

     WATER SYSTEM – the integrated facilities of the Borough for obtaining, treating, storing, and distributing water.

(Ord. 2000-2, 7/5/2000, §1)

§26-202.     Required Connection to and Use of Water System and Sewer System.

1. Connection to Water System and Sewer System. Every owner of an improved property abutting either a property subject to utility easement owned by the Borough, a public street, an alley, a road, or other public highway in which there is a water line and/or sewer line or which has an improved structure situated within 150 feet of a water line and/or sewer line, shall connect the improved property to the water system and sewer system in the manner required by the Borough within 45 days after notice from the Borough.

2. Use of Water System and Sewer System. After its connection to the water system and sewer system, all water used on the improved property shall be from the water system and all sewage generated on the property shall be disposed of by the sewer system operated by the Borough, subject to the limitations, restrictions, and exceptions as are established by this Part or by resolution of the Borough, from time to time, enacted.

3. Connection Notice. The notice of required connection shall be in writing, shall specify the 45 days for connection, and shall be accompanied by a copy of this Part and any effective amendments, a copy of any rules and regulations and a copy of the schedule of fees and rates. The notice may be given at any time the water system and/or sewer system can supply water and sewer service to the improved property. The notice shall be served on the owner by personal service, certified mail, or any other method provided by law.

4. Failure to Make Required Connection. If the owner of an improved property fails to connect it to the water system and/or sewer system in accordance with this Part after 45 days notice from the Borough, the Borough may make the connection and charge the costs and expenses of connection to the owner. In such case, the Borough shall, upon completion of the connection, send an itemized bill costs and expenses to the owner of the improved property, which bill shall be due and payable immediately.

(Ord. 2000-2, 7/5/2000, §2)

§26-202.     Required Connection to and Use of Water System and Sewer System.

1. Connection to Water System and Sewer System. Every owner of an improved property abutting either a property subject to utility easement owned by the Borough, a public street, an alley, a road, or other public highway in which there is a water line and/or sewer line or which has an improved structure situated within 150 feet of a water line and/or sewer line, shall connect the improved property to the water system and sewer system in the manner required by the Borough within 45 days after notice from the Borough.

2. Use of Water System and Sewer System. After its connection to the water system and sewer system, all water used on the improved property shall be from the water system and all sewage generated on the property shall be disposed of by the sewer system operated by the Borough, subject to the limitations, restrictions, and exceptions as are established by this Part or by resolution of the Borough, from time to time, enacted.

3. Connection Notice. The notice of required connection shall be in writing, shall specify the 45 days for connection, and shall be accompanied by a copy of this Part and any effective amendments, a copy of any rules and regulations and a copy of the schedule of fees and rates. The notice may be given at any time the water system and/or sewer system can supply water and sewer service to the improved property. The notice shall be served on the owner by personal service, certified mail, or any other method provided by law.

4. Failure to Make Required Connection. If the owner of an improved property fails to connect it to the water system and/or sewer system in accordance with this Part after 45 days notice from the Borough, the Borough may make the connection and charge the costs and expenses of connection to the owner. In such case, the Borough shall, upon completion of the connection, send an itemized bill costs and expenses to the owner of the improved property, which bill shall be due and payable immediately.

(Ord. 2000-2, 7/5/2000, §2)

§26-203.     Water Meters and Connecting to the Water System, Obtaining Water Service, and Connecting to the Sewer System.

1. Application for Service. All applications for the introduction of water into any premises or for the extension of or addition to an pipes therein or for connection to the Borough sewer system shall be made, in writing, by the owner or authorized agent on forms furnished by the Borough and must set forth fully and truly all purposes for which such service is requested and required. A connection fee will be assessed for all properties so connected to the Borough system.

2. Independent Connection. Each improved property shall be connected with the water system through a separate and independent building connection pursuant to the rules, regulations, and conditions established by the Borough, except when, under special circumstances, for good cause shown, special permission, in writing, has been given by the Borough waiving this requirement.

3. Meter. Every building connection shall have a meter installed by one of the trained and certified plumbers. The meter shall be sized and installed so as to record with reasonable accuracy all water supplied to the improved property from the water system. The meter shall be maintained by the Borough for ordinary wear and tear, but maintenance or replacement incurred because of the negligence of the owner of the improved property shall be paid for by the owner.

     A. Date of Installation of Meters. All meters shall be installed on existing improved lots within the Borough on or before June 30, 2000.

     B. Failure to Install Water Metering Device. In addition to the penalties imposed by §26-207 of this Part, failure of any owner of an improved lot to install a water meter as required by the Borough shall constitute a violation of this Part for which water service to that improved lot shall be terminated within 15 days notice of such termination.

     C. Damage to Meters. Meters will be maintained by the Borough, so far as ordinary wear and tear is concerned, but damage due to freezing, hot water, or external causes shall be paid for by the owner. The owner shall notify the Borough of any injury to or the nonworking of the meter, as soon as it comes to his knowledge.

     D. Accuracy of Meters.

          (1) The quantity recorded by the meter shall be conclusive on both the owner and the Borough, except when the meter has been found conclusively to be registering inaccurately or has ceased to register completely. In the case of inaccurate or non functioning meters, the quantity shall be determined by the average registration over the preceding 12 month period when the meter was in proper order.

          (2) In case of a disputed account involving the inaccuracy of a meter, such meter shall be tested on the request of the owner, in conformity with the provisions of the rules and regulations pertaining to water to water service utilities of the Public Utility Commission of the Commonwealth of Pennsylvania. In the event that the meter so tested is found to have an error in resignation of 4% or more, the bills will be increased or decreased accordingly, as provided by the aforesaid rules. In the event that testing determines that a meter is 4% or more inaccurate, the cost of testing shall be borne by the Borough, otherwise the cost shall be paid by the owner.

     E. Outside Meter Vaults. Outside meter vaults may be installed at the request of the property owner. Such installation shall be pre-approved by the Borough. Costs for outside meter vault installation are to be paid for by the customer requesting such installation. The Borough of Port Royal will be the only party authorized to have access to such outside meter vault.

4. Meters Property of Borough; Location, Maintenance, and Testing of Meters. All meters shall be furnished by the Borough, shall remain the property of the Borough and be accessible to and subject to its control. They shall be conveniently located at a point approved by the Borough so as to control the entire supply and a proper place and protection for the meter shall be provided by the consumer. The meter setting shall include the following and the installation of which shall be the responsibility of the property owner, stop cock on both side of meter and a dual check valve.

         A. Meters will be maintained by the Borough as far as ordinary wear and tear is concerned, but damage due to freezing, hot water, or external causes shall be paid for by the owner. Where meters are located outside of the building, the owner shall be responsible for damage due to freezing. The owner shall notify the office of the Borough of any injury to or nonworking of the meter as soon as it comes to his knowledge.

     B. An owner may request a test of a meter for accuracy. The Borough may require a deposit to be made for such test. If the meter so tested shall be found to have an error in registration of less than 4%, the deposit required shall be retained by the Borough as compensation for such test, if the error in registration is found to be 4% or more, then the cost of the test shall be borne by the Borough and the amount of the deposit returned to the owner.

5. Disconnection of Other Water Supply. Upon connection of an improved property to the water system, use of every other water supply to the improved property must be discontinued and such water supply must be disconnected at the cost and expense of the owner from all facilities on the improved property served by the water system.

6. Cross Connection Prohibited. No direct or indirect cross connection is permitted between the water system and any other water supply.

7. Water Turnoff or Removal of Meter. No plumber, owner, or other unauthorized person shall turn the water on or off at any corporation, cock, or curb stop or disconnect or remove the meter without the consent of the Borough.

8. Failure to Remedy Unsatisfactory Condition. If any person shall fail or refuse to remedy any unsatisfactory condition of a building connection within 45 days after written notice from the Borough, the Borough may refuse to permit the person to receive water from the water system until the unsatisfactory condition has been remedied to the satisfaction of the Borough.

9. Inspection. The Borough shall have the right to inspect an improved property to determine compliance with this Part and the rules and regulations governing service from the water system and sewer system.

10. Fire Hydrants. All fire hydrants shall be furnished, installed, and maintained by the Borough. [Ord. 2003-02, 12/3/2003, §1]

11. Connections. Connections shall be made pursuant to rules and regulations adopted by Council. The Borough will make all connections to itsmains, furnish, install, and maintain all service lines from the main to the curb, alley line, or property line when lines are installed on rights-of-way, including corporation cock, curb box, and service pipe which shall be the property of the Borough Council or its authorized representative.

     A. Each single building or property shall be supplied through the service pipe from a separate curb cock and box and no building shall be supplied by more than one service line, unless specifically approved or ordered by the Borough. When two or more buildings are supplied through a single service line as above, “approved or ordered by the Borough”, any violation of the regulations deemed a violation as to all and the Borough may take such action as to all, as may be taken to a single building; provided, reasonable notice shall have been given to each consumer concerned.

     B. All connections, service lines, and fixtures which are furnished or installed by the property owner shall be maintained by him in good order. All leaks in the service pipe on the outlet side of the curb cock or upon the premises. The Borough, by its authorized agents, may enter the premises of any water consumer or sewer system customer at reasonable hours to examine pipes and fixtures and the quantity of water used and the sewer system components of said property.

     C. The Borough shall in no event be responsible for maintenance or for damage done by water escaping from the service pipe or fixture on the outlet side of the curb cock and the owner shall at all times comply with the governmental regulations with reference thereto and make changes thereon required to account of change of grade, relocation of mains or otherwise.

     D. The Borough may prescribe the minimum size and weight per foot of pipe and the kind and quality of all materials which shall be laid between the curb cock and the premises to be supplied or to the meter.

     E. In removing pavements or digging a trench, the material must be deposited in such manner as to guard against inconvenience to the public by obstructing streets, alleys, or sidewalks.

     F. The replacement of earth, brick, stone, or other material so disturbed shall be done in a workmanlike manner and the street, lane, alley, or public ground be left in as good and solid construction as it was before being distrubed.

     G. No trench or hole in any street, alley, or sidewalk shall be left open during the night unless properly guarded and lighted with signal lights.

(Ord. 2000-2, 7/5/2000, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§26-204.     Fees, Rates, and Charges.

1. Connection Fee Required. Before connection to the water system and/or sewer system, the owner of the improved property shall pay the Borough a connection fee, which fee shall be established, from time to time, by resolution of the Borough Council. The initial fee for this service provided for in this Part shall be as follows:

     A. New construction, $366 connection fee, plus the actual cost of the meter.

     B. All other properties served by the Borough water and sewer system shall be charged $366, plus the actual cost of the meter as a connection fee.

     C. New construction, $2,243 connection sewer tapping fee.

2. Consumer Facilities Fee Required. Before connection to the water system and/or sewer system, the owner of the improved property shall pay the Borough a customer facilities fee, which fee shall not exceed the actual cost of the building connection and the meter supplied and installed by the Borough. The Borough shall not charge a customer facilities fee for any facilities the owner of the improved property supplies and installs.

3. Rates and Charges. Every owner of an improved property connected to the water system and/or sewer system shall pay charges for water service and sewer service at reasonable rates as established by resolution of the Borough Council, for periods not longer than monthly. Each charge shall be due and payable not more than 30 days after billed and shall be increased by a penalty of 5% if not paid when due.

4. Turn-Off and Turn-On Fees.

     A. The Borough shall have the right to discontinue water service and/or sewer service to an improved property for which fees or charges are delinquent, after the customer’s failure to pay within a period of 30 days from the date of notice.

     B. Whenever the Borough exercises such right, it shall charge and collect a turn-off fee and a turn-on fee, in addition to the delinquent fees and charges due, before restoring water service and sewer service to the improved property.

5. Schedule of Fees and Rates. From time to time, by resolution adopted at a public meeting, the Borough shall set the fees and rates imposed under this Part and shall adopt and keep available to the public a schedule of fees and rates.

6. Billing and Collection Procedures. From time to time, by resolution adopted at a public meeting, the Borough shall establish billing and collection procedures for fees and charges imposed pursuant to the Part.

     A. All meters shall be read monthly and billed before the fifteenth day of the following month.

     B. All bills for water service and/or sewer service shall be sent to the address given on the application for service or to the owner of the property which is being serviced. Failure of the occupant of the property to make proper payment shall result in a lien upon the real estate served by this water service and/or sewer service. Failure to receive bills so addressed shall not excuse nonpayment nor permit any extension of the period during which the bill is payable at a net or discounted amount.

     C. All payment must be received at the bank or the Borough office on or before 11 a.m. on date due for proper credit.

7. Liens for Fees and Charges. Fees and charges imposed under this Part with respect to an improved property shall be liens on the property until paid. Such liens shall be promptly perfected by appropriate filings in the Office of the Prothonotary of Juniata County, Pennsylvania, and shall be enforced in the manner provided by law for collection of municipal claims.

8. Civil Actions. The Borough may collect delinquent water charges and sewer charges by civil action.

(Ord. 2000-2, 7/5/2000, §4)

§26-205.     Rules and Regulations.

1. General Rules and Regulations.

     A. All applications for the introduction of water service and/or sewer service into any premises or for the extension of or addition to any pipes therein shall be made, in writing, by the owner or authorized agent and must set forth fully and truly all purposes for which such service is requested and required. A connection fee pursuant to regulations established by the Borough Council will be assessed for all properties served by the Borough water and sewer system.

     B. If a property is located partially within the Borough and partially with the Township and if both municipalities have water and sewer service available to that lot, then the municipality wherein the improved structure of that parcel lies shall provide the water and sewer service.

2. Discontinuance of Service. Service may be discontinued for any of the following reasons:

     A. For misrepresentation, in application as to property or fixtures to b supplied or the use to be made of the water supply and/or sewer service.

     B. For the use of water and/or sewer service for any purpose other than that described in the application.

     C. For alterations to property or fixtures covered by the application or changes in the use to be made of the water supply and/or sewer service, without notice to and the consent of the Borough.

     D. For willful waste of water or generation of excess sewage or wasteful disposal thereof through improper or imperfect pipes, fixtures, meters, or otherwise.

     E. For use of any siphon pump.

     F. For failure to protect the meter connections, service line, or keep fixtures in good order.

     G. For neglecting to make advance payment or for nonpayment of any account for water supplied, sewer service provided, or water service or for meter or service maintenance or any fee or charge pertaining to the water utility and sewer service within 30 days after notice.

     H. For molesting any service pipe, meter, curb, stop cock, seal, or any other appliances of the Borough controlling or regulating the water supply.

     I. In case of vacancy of premises.

     J. For failure to install and connect water meter.

3. For Violation of Any Regulation of the Borough.

     A. Water will be turned off and sewer service will be discontinued on any premises which is vacant upon the written order of the owner, without in any way affecting the existing application. Consumers wishing to discontinue the use of water and/or sewer service must give notice, in writing, at the office of the Borough Secretary and must pay for all water used and sewer service up to the time such notice is given.

     B. As necessity may arise, in case of breakdown, emergency, or other unavoidable case, the Borough shall have the right to temporarily cut off the water supply and/or sewer service to make necessary repairs, connects, etc., but the Borough shall not be liable for any damage or inconvenience resulting to the owner by reason of such discontinuance. The Borough will use all reasonable measures to notify consumers in advance of interruptions to the supply of water or sewer service.

     C. No water fixtures or appliance in connection therewith will be considered shut off until it is removed or disconnected in manner satisfactory to the Borough, s that it cannot be used again directly or indirectly.

4. Renewal of Service.

     A. A charge for reinstallation of meters, when removed for repairs because damaged in any way through no fault of the Borough, shall be as directed by the Borough by resolution, which charges include the cost of repairs and replacements, including test.

     B. When meters are removed at the request of the owner for testing, the following rules of the Public Utility Commission shall apply:

          (1) “If a meter so tested shall be found to be accurate, within the limits therein specified, a fee indicated by Borough rate resolution shall be paid to the utility by the consumer requiring such test, if not so found, then the cost thereof shall be borne by the utility furnishing the service.”

     C. When sewer service has been disconnected through nonpayment or at the request of the customer, the Borough shall by resolution establish a fee to be charged for reinstitution of said service upon payment of outstanding bills owed by the customer or at the request of the customer.

5. Rights of the Borough. The Borough shall have the following rights and immunities:

     A. The right to discontinue water service and sewer service, without notice and without liability for harm or inconvenience to any person or property owner, in case of breakdown or other emergency or to make necessary repairs, connections or extensions.

     B. The right to restrict the quantity of water service or the uses for which water will be served in case of scarcity or whenever, in the opinion of the Borough, the public welfare requires such restriction.

     C. The right of access at all reasonable hours of the day to all parts of any property connected to the water system and sewer system to make reasonable inspection or to shut off water.

     D. Immunity from liability for any harm resulting to any person or property on an improved property from leaks, broken pipes, or lines or any other cause occurring or existing on the improved property.

     E. Immunity from liability for any damage to any connected property resulting from the bursting or breaking of any main or service pipe or any appliance or attachment to the water system and sewer system.

     F. Immunity from liability for any harm or inconvenience from interruption of water service, lessening of the water supply, inadequate pressure, poor quality of water, or any cause beyond the Borough’s control.

     G. The right to refuse to connect or provide service to any property and the right to discontinue service to any property in order to enforce the Borough’s rules and regulations or to collect its charges.

     H. No person shall use or authorize the use of any pipe, pipe fitting, solder or flux that is not lead-free in the construction, modification, or repair of any plumbing system of the Borough. A person requesting or applying for connection to the water system or sewer system shall certify to the Borough that the materials used in the construction of the plumbing system to be connected are lead free. The terms “plumbing system” and “lead free” shall have the meanings given in the Plumbing System Lead Ban and Notification Act (35 P.S. §723.1 et seq.). All plumbing fixtures used in new construction repairs or renovations shall be of such design as to promote water conservation.

6. Additional Rules and Regulations. From time to time, by resolution adopted at a public meeting, the Borough may promulgate additional rules and regulations, as it deems necessary and proper, which additional rules and regulations, to the extent appropriate, shall be construed as a part of this Part.

(Ord. 2000-2, 7/5/2000, §5)

§26-206.     Payment.

1. Terms of Payment.

     A. All service charges for the use of water and sewer service are due and payable monthly. A penalty fee of 5% will be added to bills unpaid after 15 days from the date of the bill.

     B. All bills for water and sewer service shall be rendered and payable monthly. Any bill not paid after 15 days from the date of the bill shall be subject to a 5% penalty fee.

     C. All bills will be mailed to the address designated on the application for service or to the owner of the property and failure to receive bills, when so mailed, will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are paid at face. All changes of address shall be promptly reported to the Borough, in writing.

     D. The owner of the property serviced shall be responsible to the Borough of Port Royal for payment for all water furnished and sewer service provided to the property, irrespective of any agreement between the property owner and a third party. The bill shall, in all cases, be rendered to the owner of the property.

(Ord. 2000-2, 7/5/2000, §6)

§26-207.     Violations.

1. Separate Offenses. Each violation of a separate provision of this Part and each day of violation shall be a separate offense.

2. Penalties for Violation. 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 less than $100 nor more than $1,000 plus costs and, in default of payment of said fines and costs, to a term of imprisonment not to exceed 30 days. Such fine or imprisonment shall be in addition to any other penalty imposed by any other Section of this Part. [Ord. 2003/02, 12/3/2003, §1]

(Ord. 2000-2, 7/5/2000, §7; as amended by Ord. 2003/02, 12/3/2003, §1)

§26-208.     General.

1. The Borough shall not be liable for a claim made against it for any interruption in service, lessening of supply, inadequate pressure or inferior quality due to causes beyond its control.

2. No plumber, owner, or other unauthorized person shall turn the water off or disconnect the sewer service at any Borough cock or curb stop or disconnect or remove the meter or other equipment owned by the Borough without the consent of the Borough.

3. The Borough may, at any time, restrict, or regulate the quantity of water used or the sewer service provided to all customers in case of scarcity or whenever the public exigencies may require it.

4. The water must not be kept running at any time longer than its legitimate use requires.

5. No officer or employee of the Borough can vary these rules without action of the Borough Council and no agent or employee of the Borough can bind it by an agreement or representation, except when authorized, in writing, so to do by the Borough Council.

(Ord. 2000-2, 7/5/2000, §8)

§26-209.     Miscellaneous Provisions.

1. Geothermal Heat Systems. Private wells shall be permitted within the Borough solely for the purpose of supplying underground water to a closed loop geothermal heat system servicing that particular structure and for providing solely nonpotable water for non-household consumption.

     A. Before activating such system, inspection, and approval of the system must be obtained from the Borough.

     B. In the event this type of heat system is installed in any structure within the Borough, it is then required that a meter be installed for the purpose of measuring the amount of public water utilized by the structure for domestic water use. Further, no water from the geothermal well shall be used for domestic water consumption.

2. Right of Borough to Alter and Amend Rules and Regulations. The Borough reserves the right to alter and amend any rules and regulations pertaining to this Part.

3. Gender. The use of the singular in this Part shall include the plural and the use of the masculine shall include the feminine and neuter.

4. Swimming Pools. Water for the filling of residential swimming pools may be obtained from the customer’s metered facility or may be obtained as follows:

     A. Authorization to obtain water from a hydrant for this purpose must be obtained from the Borough in advance.

     B. The use of hydrant water will result in a $9.50 charge for meter and valve rental plus $2 per 1,000 gallons of water consumed [Ord. 2003/02, 12/3/2003, §1]

5. The Borough Fire Company shall forward a monthly report of gallons pumped for both metered hydrant usage and estimated fire usage.

6. All consumers and owners shall be responsible for keeping bushes and shrubs trimmed away from the outside portions of the meter so that it can be easily accessible and ready by representatives of the Borough.

     A. In the event of a large snow fall the Borough requests a path be shoveled to the owners meter pit or touch pad, whichever the case may be.

(Ord. 2000-2, 7/5/2000, §9; as amended by Ord. 2003/02, 12/3/2003, §1)

Part 3: Water Shortage

A. Water Shortage Plan

§26-301.     Water Shortage Response Plan.

The “Water Shortage Response Plan of Port Royal Borough” hereby adopted and attached hereto. This plan may be modified and updated by Council resolution.

(Ord. 1988-3, 10/6/1988, §1)

§26-302.     Nonessential Uses of Water.

Those uses of water not essential to the protection of public health and safety are deemed nonessential. Nonessential uses of water may be restricted by both voluntary and mandatory measures as prescribed and outlined within the water shortage response plan. A list of nonessential water uses is included in the plan.

(Ord. 1988-3, 10/6/1988, §2)

§26-303.     Mandatory Water Use Restrictions.

If, during a water shortage period, a voluntary ban on nonessential uses of water has not sufficiently reduced the rate of depletion of water supply sources and those sources have reached a level at which the response plan prescribes more severe demand reduction measures, a mandatory restriction of nonessential water uses shall be imposed. Those water service customers found not cooperating with action shall face a surcharge of $25 for each day of noncompliance or the curtailment of water service, whichever is deemed most appropriate.

(Ord. 1988-3, 10/6/1988, §3)

§26-304.     Water Rationing.

If a water shortage emergency is declared by the Governor of the Commonwealth of Pennsylvania, within an area which includes the service area of the Port Royal Water and Sewer Authority and both voluntary and mandatory restrictions of nonessential water uses have failed to sufficiently reduce the rate of depletion of all available water supply sources and if the Port Royal Borough Council plans for water rationing have been reviewed and approved by the Pennsylvania Emergency Management Council, water rationing may be implemented. The Port Royal Borough Water Rationing Plan is included in the water shortage response plan.

(Ord. 1988-3, 10/6/1988, §4)

§26-305.     Exemption.

Any water service customer(s) may apply to the Port Royal Borough Council for an exemption to the terms of this Part which may be granted by the Council upon adequate evidence of inequitable hardship imposed through adherence to the provisions of the plan.

(Ord. 1988-3, 10/6/1988, §5)

§26-306.     Penalty.

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 $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 1988-3, 10/6/1988, §6; as amended by Ord. 2003/02, 12/3/2003, §1)

B. Declaration of Water Shortage.

§26-311.     Declaration of Water Shortage.

Upon the recommendation of qualified Borough employee(s), agent(s), or other governmental agencies, the Council may declare a water shortage within the Borough limits by passing and advertising a resolution declaring said water shortage to exist and prohibiting the nonessential use of water during said period of time. When a water shortage ceases to exist, the Council shall, by resolution, declare said water shortage period terminated.

(Ord. 1994-1, 11/1/1994, §1)

§26-312.     Nonessential Uses of Water.

During a properly declared water shortage the Council, to protect public health and safety, can ban the nonessential use of water, which are:

ProhibitedExceptions
Lawn WateringNewly seeded and sodded grass areas between the areas of 5 p.m. and 9 p.m. by means of a hand held hose, nozzle, or bucket.
Irrigation of gardens, landscaped areasGreenhouses. If applied by a hand held container or hose with automatic shut off between 5 p.m. and 9 a.m. Maintenance of newly planted gardens, trees, shrubs, or other plants, hand held equipment only.
Washing paved surfaces such as streets, roads, sidewalks, driveways, garages, parking areas, and patiosWater may be used for prewashing in preparation of asphalt street or driveway recoating and sealing. Sanitation of eating/drinking premises.
Washing vehiclesCar washing may be done from a bucket or using commercial car washes.
Cleaning of commercial or emergency vehicles to allow safe operation.
Filling and topping off swimming pools.Health care facilities for patient care.
Other pools if Council approved.

(Ord. 1994-1, 11/1/1994, §2)

§26-313.     Declaration and Advertisement.

The Council shall during a water shortage period, first declare and advertise voluntary ban on the nonessential uses of water but, if said voluntary ban does not sufficiently reduce the rate of depletion of the Borough’s water resources, the Council shall declare and advertise a mandatory ban on the nonessential uses of water.

(Ord. 1994-1, 11/1/1994, §3)

§26-314.     Exemption.

Any Borough water service customer(s) may apply to the council by written petition for an exemption from the terms of this Part. Council shall act on said written exemption petition; provided, it has been submitted to the Borough Secretary 5 business days prior to its next duly advertised regular/special meeting date.

(Ord. 1994-1, 11/1/1994, §4)

§26-315.     Penalty.

Those water service customers found not cooperating with a properly imposed mandatory ban on the nonessential uses of water shall be subject, if found guilty before a district justice, after hearing on a criminal complaint filed by a designated Borough employee, agent, Council member(s), to a fine of $50 for each and every day of further noncompliance with the provisions of this Part and/or the curtailment of water service, whichever is deemed most appropriate.

(Ord. 1994-1, 11/1/1994, §5)

Local Water Rationing Plan for the Service Area of Port Royal Municipal Authority

Authority

The Pennsylvania Emergency Management Council is authorized to promulgate, adopt, and enforce a water rationing plan by virtue of Emergency Management Services Code 35 Pa. C.S. §7101 et seq. as implemented by the Drought EMergency Proclamation dated…

§1.     Definitions.

AUTHORITY – the Port Royal Municipal Authority.

EMERGENCY SERVICE AREA – the service area of the Port Royal Municipal Authority.

EXCESS USE – the usage of water by a water customer in excess of the water allotment provided under the local water rationing plan for that customer, over any applicable period.

NONRESIDENTIAL CUSTOMER – commercial, industrial, institutional, public, and all other users with the exception of hospitals and health care facilities.

RESIDENTIAL CUSTOMER – any customer who receives water services for a single or multifamily dwelling unit. The term residential customer does not include educational or other institutions, hotels, motels, or similar commercial establishments.

SERVICE AREA – the territory and the customers serviced by the Port Royal Municipal Authority.

SERVICE INTERRUPTION – the temporary suspension of water supply or reduction of pressures below that required for adequate supply to any customer, portion of a water supply system or an entire system.

SPECIAL EMERGENCY AREA – the area or areas within which the Governor has declared a state of drought and water shortage emergency.

WATER ALLOTMENT – the maximum quantity of water allowed for each customer over any applicable period as established pursuant to §§7-9 of this plan.

WATER CUSTOMER – any person who is connected to and receives water service from the Port Royal Municipal Authority.

§2.     Purpose.

This local water rationing plan is intended to establish measures for essential conservation of water resources and to provide for equitable distribution of limited water supplies in order to balance demand and limited available supplies and to assure that sufficient water is available to preserve public health and safety within the service area of the Port Royal Municipal Authority.

§3.     Scope.

This local water rationing plan shall apply to all water uses within the service area of the Port Royal Municipal Authority encompassing all or part of the Borough of Port Royal.

§4.     Objective of the Plan.

     A. It is imperative that water customers within the emergency service area achieve an immediate and further reduction in the water use in order to extend existing water supplies and, at the same time, assure that sufficient water is available to preserve the public health and sanitation and provide fire protection service.

     B. The objective of this local water rationing plan is to effect an immediate 25% reduction in water usage.

     C. The immediate 25% reduction in water usage is another step along a continuum of responses to the present water supply crisis. Should drought conditions continue, further reductions in usage may be required. It must be emphasized that the 25% usage reduction in the emergency area is a valid and attainable figure reflective of the conditions which currently exist.

     D. The plan provides for equitable reductions in water usage and for equal sacrifice on the part of each water customer. The success of this plan depends on the cooperation of all water customers in the emergency service area.

§5.     Prohibited Nonessential Water Uses.

The following water uses are declared nonessential and are prohibited within the emergency service area:

     A. The watering of lawns.

     B. The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except between the hours of 5 p.m. and 9 a.m. by means of a bucket or pail at the minimum rate necessary.

     C. The washing of automobiles and trucks expect when required for safety and operational purposes.

     D. The washing of streets, driveway, and sidewalks.

     E. The serving of water in restaurants, clubs, or eating places unless specifically requested by the individual.

     F. Ornamental water use including, but not limited to, fountains, artificial waterfalls, and reflecting pools.

     G. The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary and approved in the interest of public health or safety by the Borough health officials.

     H. The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills, except as deemed necessary in the interest of public safety and specifically approved by the Port Royal Municipal Authority.

     I. The use of fire hydrants by municipal road departments, contractors, and all others, except as necessary for firefighting or protection services.

§7.     Water Use Restrictions for Residential Users.

     A. In order to effectively implement and monitor the residential water conservation effort, a water allotment shall be established for the entire water system based on 40 gallons per day per capita served or 75% of the water used by the entire system during the same quarter of the preceding year, whichever is greater.

     B. The Authority will establish a communication system with customers through public media to inform customers of the requirements of the Governor’s proclamation and this local water rationing plan, possible conservation measures that customers may employ, the system allotment and a daily report of whether the usage was within the allotment.

     C. Exemptions and Variances.

          (1) Where the residential water allotment provided under this Section would create extraordinary hardship, as in the case of special health related requirements, the water customer may apply to the Authority for an exemption or variance from these requirements. If the Authority finds that the allotment provided in this Section would impose extraordinary hardship, the Authority may establish a revised allotment for the particular customer.

          (2) Any person aggrieved by a decision relating to such an exemption or variance rendered by the Authority may file an appeal with the Juniata County Court of Common Pleas in accordance with the provisions and procedures of the Local Agency Law, 2 Pa. C.S. §§551-555, 751-754.

     D. Suggested Conservation Measures. The Authority will provide residential water customers with suggested means for reducing water consumption in order to achieve the established allotment. These suggestions may include:

          (1) Locate and repair all leaks in faucets, toilets, and water using appliances.

          (2) Adjust all water using appliances to use the minimum amount of water in order to achieve the appliance’s purpose.

          (3) Use automatic washing machines and dishwashers only with full loads. Preferably, wash dishes by hand.

          (4) Take shorter showers and shallower baths.

          (5) Turn off shower while soaping, turn off faucet while brushing teeth, etc.

          (6) Install flow restrictors in showerheads and faucets.

          (7) Reduce the number of toilet flushes per day. Each flush uses about 5 gallons. Reduce water used per flush by installing toilet tank displacement inserts.

          (8) Use sink and tub stoppers to avoid wasting water.

          (9) Keep bottle of chilled drinking water in refrigerator.

§8.     Water Use Restrictions for Nonresidential Customers.

     A. Nonresidential customers include commercial, industrial, institutional, public and all other users, with the exception of hospitals and health care facilities.

     B. Nonresidential water customers shall reduce their water usage by a minimum of 25% of use levels for the same quarter of the preceding year.

     C. It is the primary responsibility of each nonresidential water customer to meet its mandated water use reduction goal in whatever manner possible.

     D. The Authority will establish a water allotment for each nonresidential water customer, based upon a required 25% reduction of water usage from the rate of water used by the customer in the same quarter of the preceding year or the last recorder use level if no meter readings record the rate of the customer’s use in the same quarter of the preceding year.

     E. Each nonresidential water user shall provide access to the Authority personnel for purposes of monitoring of compliance with this plan. The Authority shall make all reasonable efforts to contact customers to arrange for access.

     F. If the mandated 25% reduction in water usage cannot be obtained without imposing extraordinary hardship threatening health and safety, the nonresidential customer may apply to the Port Royal Municipal Authority for a variance. For these purposes, “extraordinary hardship” means a permanent damage to property or economic loss which is substantially more severe than the sacrifices borne by other water uses subject to this water rationing plan. If the Authority finds that the 25% reduction would cause extraordinary hardship or threaten health or safety, the Authority may grant a variance and establish a revised water use reduction requirement for the particular customer.

     G. Any person aggrieved by a decision relating to such a variance rendered by the Authority may appeal the decision to the Commonwealth Drought Coordinator who shall render a final decision.

     H. The Port Royal Municipal Authority will supply each nonresidential customer with suggested means to reduce usage levels. These suggestions may include:

          (1) Identify and repair all leaky fixtures and water using equipment. Special attention is to be given to equipment connected directly to the water line, such as processing machines, steam using machines, washing machines, water cooled air conditioners and furnaces.

          (2) Assure that the valves and solenoids, which control water flows, are shut off completely when the water using cycle is not engaged.

          (3) Adjust water using equipment to use the minimum amount of water required to achieve its stated purpose.

          (4) Shorten rinse cycles for laundry machines as much as possible, lower water levels should be implemented wherever possible.

          (5) Temperature setting of hot water for showers should be set down at least 10 degrees to discourage lengthy shower taking.

          (6) Where plumbing fixtures can accommodate them, flow restricting or other water saving devices should be installed.

          (7) Review usage patterns to see where other savings can be made.

          (8) For processing and cooling and other uses where possible, either reuse water or use from sources that would not adversely affect public water supplies.

          (9) Advise employees, students, patients, customers, and other users not to flush toilets after every use. Install toilet tank displacement inserts, place flow restrictors in showerheads and faucets, close down automatic flushes overnight.

          (10) Adjust flushometers and automatic flushing valves to use as little water as possible or to cycle at greater intervals.

          (11) Encourage water consciousness by placing water saving posters and literature where employees, students, patients, and customer, etc., will have access to them.

§9.     Water Use Restriction for Hospitals and Health Care Facilities.

     A. Hospitals and health care facilities shall comply with all restrictions imposed on residential and nonresidential water customers as may be applicable to each individual institution, to the extent compliance will not endanger the health of the patients or residents of the institution.

     B. Each hospital and health care facility shall survey its water usage patterns and requirements and implement such additional conservation measures as may be possible without endangering the health of patients or residents to achieve a 25% reduction in the institution’s water usage.

     C. The Authority will provide each hospital and health care facility with suggested means to reduce usage levels. These suggestions may include:

          (1) Reduce laundry usage or services by changing bed linen, etc., only where necessary to preserve the health of patients and residents.

          (2) Use disposable food service items.

          (3) Eliminate, postpone, or reduce, as may be appropriate, elective surgical procedures during the period of the emergency.

§10.     Enforcement of Water Rationing Plan.

     A. The Port Royal Municipal Water Authority will have lead responsibility for monitoring of compliance with this water rationing plan.

     B. The following provisions shall govern the implementation of temporary service interruptions:

          (1) In order to effectuate compliance with this plan, the Port Royal Municipal Water Authority is hereby authorized and required to plan and implement temporary service interruptions to all or part of its water supply system, as the Authority may deem appropriate, when and/or all of the following conditions are determined by the Authority to exist, as to its water supply system:

               (a) A 25% reduction in system wide water usage has not been achieved.

               (b) The 25% reduction in system wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies.

               (c) Temporary service interruptions are necessary in order to further extend limited and/or dwindling water supplies.

          (2) In the event that the Authority determines that temporary service interruptions are necessary, the Authority shall notify its customers through the public media (newspapers, radio, telephone, and television) at least 1 day prior to the temporary service interruptions that a planned temporary service interruption is to be imposed. In addition, the Authority shall notify the Commonwealth Drought Coordinator, the authorities, the Pennsylvania Emergency Management Agency and the regional office of the Department of Environmental Protection. Such notice shall:

               (a) State the day or days when the planned, temporary service interruptions will occur.

               (b) State the time(s) when such planned, temporary service interruptions will commence and the time(s) such interruptions will cease.

               (c) State whether the planned, temporary service interruptions are to be imposed on the entire system, or a part thereof, and, if only part(s) of the system will experience planned, temporary service interruptions, identify the geographical boundaries within which the planned, temporary service interruptions will occur.

               (d) Advise all customers within the areas affected by planned, temporary service interruptions how to treat any water received from the system, for human consumption, during the period(s) of planned, temporary service interruptions and for such additional time as may be necessary until full pressure is restored to the system.

          (3) If the Authority imposes planned, temporary service interruptions as authorized and required by this plan, it must provide for the continued delivery of such water to health care facilities within the area(s) affected by such interruptions, by means of an adequate alternative delivery measures that may be necessary.

          (4) If the Authority implements planned, temporary service interruptions, it must make provision, by any means possible, for the continued delivery of such water, as may be necessary, for the proper operation of sewage collection, treatment, and disposal systems and facilities.

     C. Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing plan will be subject to the following excess use charge:

          (1) The Port Royal Municipal Authority is directed to collect an “excess use charge” based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water rationing plan, computed in accordance with the following schedule:

Excess Usage Per MonthCharge for Excess
First 2,000 gallons or portion thereof$7 per 1,000 gallons or portion thereof
Each 1,000 gallons or portion thereof thereafter$15 per 1,000 gallons or portion thereof

          (2) Any monies collected by the Authority through excess use charges shall not be accounted for as income to the Authority but shall be placed by the Authority in a reserve account. Funds collected shall be disposed of in accordance with the directions of the Commonwealth Drought Coordinator.

     D. In addition to the excess use charge, noncompliance with the water rationing plan will result in the following:

          (1) For the first excess use, a warning of possible discontinuation shall be issued to the customer by the Authority.

          (2) For the second or subsequent excess use, the Authority may interrupt or shut off service to the customer for a period not to exceed 48 hours or, if the customer provides access, the authority may install a flow restrictor in the customer’s service line for the duration of the emergency. The cost incurred by the Authority to interrupt or shut off and reinstate service or to install and remove a flow restrictor shall be assessed to the water customer by the Authority.

     E. The Port Royal Municipal Authority is authorized to alter meter reading schedules to assure adequate monitoring of compliance with this plan.

     F. Any customer or other person or other aggrieved by the final decision or action of the Authority may file an appeal with the Juniata County Court of Common Pleas in accordance with the provisions and procedures of the Local Agency Law, 2 Pa. C.S. §§551-555, 751-754.

§11.     Penalties.

Any person who violates the provisions of this plan, who fails to carry out duties and responsibilities imposed by this plan or who impedes or interferes with any action undertaken or ordered pursuant to this plan shall be subject to the penalties provided by law under 35 Pa. C.S. §§7707.

§12.     Savings Clause.

Nothing in this local water rationing plan shall in any way limit or affect the power or authority of any political subdivision to adopt and enforce ordinances, rules, restrictions, and orders for water conservation and protection of essential water supplies; provided, that such ordinances, rules, and restrictions are not inconsistent with the requirements of this plan.

§13.     Amendment of the Plan.

The Port Royal Municipal Authority may, at any time, submit to the Pennsylvania Emergency Management Agency proposed additions to or amendments of this plan. Such amendments shall be expeditiously considered by the Emergency Management Council and shall take effect upon adoption by the Council.

§14.     Effective Period.

This plan shall remain in effect until terminated by action of the Governor or by order of the Pennsylvania Emergency Management Council.

§15.     Effective Date.

This plan shall take effect immediately upon adoption by the Pennsylvania Emergency Management Council.

Port Royal Municipal Authority Drought Contingency Plan Outline
Trigger PointDemand MeasuresSupply Measures
Stage IStage IStage I
Flows into upper reservoir: ___ GPDVoluntary restriction on nonessential water use (see attachment)System wide leakage and loss reduction survey
Stage IIStage IIStage II
Groundwater pumping levels
Well No. 6
Well No. 7
Mandatory restrictions on nonessential water use (see attachment)Utilize reserve source
Body:
Stream:
Well(s): No.s 6 and 7
Interconnection(s):
Stage IIIStage IIIStage III
Groundwater pumping levels
Well No. 6
Well No. 7
Submit water rationing plan to Pennsylvania Emergency Management Agency (see attached local water rationing plan and cover letter)Utilize emergency sources and equipment (List emergency sources and equipment necessary to utilize each source)
Nonessential Use Ban
ProhibitedExceptions
Lawn WateringSewage or stormwater treatment systems utilizing spray irrigation.
Grass tennis courts as minimally necessary.
Newly seeded and sodded grass areas between the hours of 5 p.m. and 9 a.m. by means of a hand held hose, nozzle, bucket, or pail.
Newly seeded or sodded nonresidential grass areas exceeding 10,000 square feet may be watered conservatively between the hours of 5 p.m. and 9 a.m.
Irrigation of gardens, landscaped areas, trees, and shrubs between the hours of 5 p.m. and 9 a.m. at the minimum rate necessary by means of a bucket, pail, or hand held hose equipped with an automatic shut off deviceAgricultural irrigation
Commercial nurseries
Maintenance of newly planted gardens, trees, shrubs, or other outdoor plants, hand held equipment only
Arboretums and public gardens of National, State, or regional significance
Watering golf coursesTees and greens may be watered between the hours of 5 p.m. and 9 a.m.
Washing paved surfaces such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts, and patiosWater may be used for prewahing in preparation of asphalt street or driveway recoating and sealing
Clay tennis courts as minimally necessary by hand held hose
Operation of water fountains, artificial waterfalls, and reflecting poolsNone
Washing vehiclesCommercial car washed equipped with recycling
Cleaning of commercial or public vehicles to allow for safe operation
Serving water in eating places unless specifically requested by the individualNone
Filling and topping off swimming pools1. Public/residential pools with filtration/recycling serving 25 or more dwelling units.
2. Health care facilities for patient care/rehabilitation
3. Other pools if :
a. Water supplier approved
b. Able to filter/recycle water

Chapter 27 – Zoning

Article I: Short Title, Purpose, and Community Development Objectives

Section 101     Short Title.

This Ordinance shall be known and may be cited as the “PortRoyal Borough Zoning Ordinance”.

Section 102     Purpose.

The purpose of these regulations is to provide for the harmonious development of the Borough by facilitating:

     a) Public health, safety, morals, and general welfare.

     b) Coordinated and practical community development and proper density of population.

     c) Emergency management preparedness and operations.

     d) National defense.

     e) Provisions for adequate light and air.

     f) Vehicle parking and loading spaces.

     g) Water and sewerage needs for domestic, commercial, or industrial uses.

     h) Recreational facilities and public grounds.

     i) Preservation of the natural, scenic, and historic values in the environment, and wetlands and floodplains.

Section 103     Community Development Objectives.

This Ordinance is enacted as part of the overall plan for the orderly growth, preservation and development of Port Royal Borough. As such, this Ordinance is based upon the expressed implied community development objectives as determined by the governing officials of Port Royal Borough in conjunction with observation of the community as a whole and may be summarized as follows:

     a) The prevention of overcrowding of land, blight, danger, and congestion in travel and transportation, loss of health, life, or property from fire, flood, panic, or other dangers.

     b) To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing.

     c) To accommodate reasonable overall community growth and opportunities for development of a variety of residential dwellings and nonresidential uses.

Article 2: Definitions

Section 201     Interpretation.

For the purpose of this Ordinance, the terms and words listed in this Section, and supported by the diagrams in Appendix A, shall have the meaning herein defined. Words not herein defined shall have the meanings given in Webster’s Unabridged Dictionary and shall be interpreted so as to give this Ordinance its most reasonable application. For the purpose of this Ordinance, the following rules of interpretation shall apply:

     a) Words in the present tense include the future tense.

     b) Words in the singular include the plural and words in the plural include the singular.

     c) The words “used” and “occupied” shall be construed to include the words “or intended, arranged, or designed to be used or to be occupied, or offered for occupancy”.

     d) The term “such as” shall be considered as introducing a typical or illustrative designation of items, and shall not be interpreted as constituting a complete list.

     e) The words “person” and “owner” shall be deemed to include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual.

     f) The words “building” and “structure” shall be construed as if followed by the phrase “or part thereof”.

     g) The word “lot” includes the words “plot” and “parcel”.

     h) The word “watercourse” includes channel, creek, ditch, dry run, spring, stream, and river.

     i) The word “erect” shall mean to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix, or maintain any structure or building and shall also include the painting of exterior wall signs.

     j) The words “should” and “may” are permissive; the words “shall” and “will” are mandatory and directive.

Section 202     Specific Words and Phrases.

Unless otherwise stated, the following words and phrases shall be construed throughout this Ordinance to have the meanings indicated in this Section.

ACCESSORY USESEE “USE, ACCESSORY” ALTERATIONS – As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL – Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

AMUSEMENT ARCADE – A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g. pinball machines, video games, skeeball, electronic, or water firing ranges and other similar devices). This definition does not include the use of two (2) or less such devices as an accessory use.

ANIMAL HOSPITAL – A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, birds, reptiles, and exotic pets.

ANTENNA HEIGHT – The vertical distance measured from the ground level to the highest point on a Communications Tower, including antennas mounted on the tower.

APARTMENT – Any dwelling unit which is located within a single structure along with at least one (1) other dwelling unit or with a non-residential use, each having a separate location within such structure.

APARTMENT, CONVERSION – A multi-family dwelling constructed by converting an existing building into independent dwelling units for more than one family, without substantially altering the exterior of the building.

APPLICANT – A landowner or developer, as hereafter defined, who has filed an application for development including his heirs, successors, and assigns.

BASEMENT – A story having part but not more than one-half (½) of its height below the average level of the adjoining ground.

BED AND BREAKFAST INN – A single-family residence or portion thereof containing not more than two guest rooms which are used by no more than five guests where rent is paid in money.

BUFFER AREA – A landscaped area intended to be used as a means of limiting the effects created by a use on adjoining properties, streets, and uses.

BUILDING – Any structure or edifice designed or intended for use as an enclosure, a shelter, or for protection of persons, animals, or property.

     DETACHED – A building that has no party wall.

     SEMI-DETACHED – A building which has only one party wall in common.

     ATTACHED – A building that has two or more party walls in common.

BUILDING, ACCESSORY – A detached subordinate building, the use of which is incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

BUILDING, PRINCIPAL – A building which is enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts, designed for housing, shelter, enclosure, and support of individuals, and is the main structure on a given lot.

BUILDING AREA – The total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.

BUILDING HEIGHT – The vertical dimension measured from the average elevation of the furnished lot grade at the front of the building to the highest point of ceiling at the top story in the case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip, or gambrel roof. The grade shall not be altered for the purpose of increasing the elevation of an object.

BUILDING LINE – The actual line of that face of the building nearest an adjacent right of way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUSINESS CONVERSION – The conversion of all or a portion of an existing residential or nonresidential building for business use.

CELLAR – A story partly underground and having more than one-half (½) of its clear height below the average level of the adjoining ground.

CEMETERY – Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

CENTER FOR LOCAL GOVERNMENT SERVICES – The Governor’s Center for Local Government Services located within the Department of Community and Economic Development.

CHANGE OF USE – An alteration of a building or a change of existing use within a building or on a lot to a new use that imposes other provisions of the Zoning Ordinance.

CLUB – An organization catering exclusively to members and their guests or premises or buildings for social, recreational, and administrative purposes which are not conducted for profit, provided there are no vending stands, merchandising, or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs.

COMMERCIAL RECREATION FACILITY – An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to, bowling alleys, drive-in motion picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades, as defined herein.

COMMUNICATIONS ANTENNA – Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

COMMUNICATIONS EQUIPMENT BUILDING – An unmanned building or cabinet containing communications equipment required for the operation of Communications Antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER – A structure other than a building, such as a monopole, self supporting or guyed tower, designed and used to support Communications Antennas.

CONDITIONAL USE – A use permitted in a particular zoning district pursuant to the provisions of this Ordinance and the Pennsylvania Municipalities Planning Code, as amended.

CONSISTENCY – An agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection, or relationship.

CONVALESCENT OR NURSING HOME – Any structure containing sleeping rooms where persons are housed or lodged and furnished with meals and nursing care.

CONVENIENCE STORE – Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazine, sandwiches and other freshly prepared foods for off-site consumption, and other goods commonly associated with the same.

COUNTY – Juniata County and the Juniata County Planning Commission.

COUNTY COMPREHENSIVE PLAN – Juniata County Comprehensive Plan.

DAY CARE FACILITY, CHILD OR ADULT – Any dwelling, building, or portion thereof, including any on-site outdoor play area, where regularly scheduled child or adult day care services other than the following are provided. Where applicable, said facility shall be licensed by the Commonwealth of Pennsylvania, and shall not provide overnight accommodations.

     a) The temporary or occasional care of any number of children or adults not related to the person giving care which takes place at the home of the person giving care.

     b) The temporary or occasional care of any number of children or adults not related to the person giving care which takes place at the home of the person receiving care.

     c) Child and adult day care facilities shall be further differentiated by the following two classifications:

          COMMERCIAL DAY CARE FACILITY – A facility which provides care for (1) a combined total of seven or more children or adults per day, where the child or adult care areas are being used as a family residence or (2) any number of children or adults per day, where the child or adult care areas are not being used as a family residence.

          FAMILY DAY CARE HOME – Any premises or dwelling unit, other than the home of the child or adult being provided care, where the day care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided at any one time to up to six non-dependent children or adults per day.

DENSITY – The number of dwelling units per acre.

     DENSITY, GROSS – The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, exclusive of exterior public rights-of-way.

     DENSITY, NET – The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, floodplains, or wetlands.

DEVELOPER – Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT – See “Land Development

DEVELOPMENT PLAN – The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this Ordinance shall mean the written and graphic materials referred to in this definition.

DRIVEWAY – A minor vehicular right-of-way, other than a street, which provides access between a street and a parking area or garage within a lot or property (often referred to as an access drive).

DRIVE-IN BUSINESS – A commercial establishment, including a drive-in eating establishment, offering articles or services which are either purchased or consumed on the premises and which has a greater area devoted to the purchase and consumption of such articles and services on the outside than on the inside of the building.

DWELLING – Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourists courts, dwellings shall be properly connected to approved and permanently designed sewer, water, electrical, and other utility systems.

     a) SINGLE-FAMILY DETACHED – A freestanding building containing one dwelling unit for one family, and having two (2) side yards, one building will have two (2) front and (1) side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.

     b) SINGLE-FAMILY, ATTACHED (TOWNHOUSE OR ROWHOUSE) – A building used by one family and having two party walls in common with other dwellings, except in the case of an end-of-row unit which only has one side wall which is a party or lot-line wall.

     c) DUPLEX – (two-family; single-family semi-detached) – A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side, and rear yard.

     d) MULTIPLE FAMILY – A building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

     e) TOWNHOUSE – See “Dwelling, Single Family, Attached (Townhouse or Rowhouse)

DWELLING UNIT – Any structure or part thereof, designed for occupancy by not more than one family for living purposes and having complete housekeeping facilities.

EASEMENT – A limited right of use granted on private land for public use or private use by another party or parties and within which the owner of the property shall not erect any permanent structures.

EATING ESTABLISHMENT – Any public eating place where food is prepared and sold for consumption either on or off the premises.

FAMILY – A single individual living alone as a separate housekeeping unit and doing his/her own cooking, or a collective body of people living together in a domestic relationship which may or may not be based upon birth, marriage, custodianship, adoption, domestic employee employed by an adult individual living in the home, or other domestic bond as a single housekeeping unit based on an intentionally structured relationship providing organization and stability and doing their own cooking with or without assistance from others. This definition does not include persons occupying a hotel, dormitory, or lodge.

FLOOD – A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD PLAIN – A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. Flood plain areas include, but are not necessarily limited to, those areas identified as being flood prone on the Flood Hazard Boundary Map for Port Royal Borough as issued by the Federal Insurance Administration.

FLOOD-PRONE AREA – A relatively flat or low land area adjoining a stream, river, or watercourse which is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD PROOFING – Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures that reduce or eliminate flood damage to lands, water, and sanitary facilities, structures, and contents of buildings.

FLOODWAY – The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. For the purposes of this Ordinance the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude, without increasing the water surface elevation of that flood more than one (1) foot at any point.

FLOOR AREA, GROSS – The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar, basement, and attic floor areas not devoted to the residential use, but including the area of roofed porches and roofed structures. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, HABITABLE – The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches, and further defined in Section 815. Earth-sheltered dwellings, designed as such, shall include the aggregate of area used for habitation as defined above whether or not all or a portion is below ground level.

FUNERAL HOME – A building devoted to the care, embalming, and holding of services for the deceased, including the sale of funeral equipment as an accessory activity.

GENERAL CONSISTENCY – That which exhibits consistency.

GOVERNING BODY – Port Royal Borough Council.

GREENHOUSE, NURSERY – A use primarily involved in horticulture, which may include the sale of plants grown on the premises and goods and materials used in their production.

GROUP HOME – A dwelling shared by handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible to meet their maximum potential.

     As used herein, the term “handicapped” shall mean having:

          a) a physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently;

          b) a record of having such an impairment; or 

          c) being regarded as having such an impairment.

     However, “handicapped” shall not include  current illegal use of a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home” shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. An alcoholism or drug treatment is provided for alcohol or other drug abuse to one or more individuals who do not reside at the location. Group homes will maintain all the appearances normally associated with a single family residence. Activities that create the semblance of a business or which create additional traffic in the neighborhood are prohibited.

GUEST ROOM – A room which is intended, arranged, or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. Residential noncommercial guest rooms shall be within or attached to the principal residence and shall be part of the residential utility (sewer, electronic, etc.) service line.

HOME BUSINESS – An occupation, profession, activity, or use conducted within a single-family detached dwelling unit or existing accessory building by the residents thereof and not more than two non-resident employees. Home business uses are intended to be of a service nature and may involve the incidental purchase and/or sale of goods on the premises. The use shall be clearly incidental and secondary to the use of the dwelling unit for dwelling for dwelling purposes and the exterior appearance of the structure and premises shall remain residential in character. There shall be no external evidence of the home business except a permitted sign, and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat, or glare. Since the use may be of such nature that may require regular visits by customers and/or deliveries, adequate off-street parking space shall be required in addition to the spaces required for the residential use.

HOSPITAL – A place for a diagnosis, treatment, or other care of humans and having facilities for in-patient care.

HOTEL – A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building as an accessory use.

IMPERVIOUS AREA – Any portion of a lot covered by material impenetrable by precipitation, including, but not limited to, buildings, structures, pave and unpaved parking lots and parking areas, pools, and other paved areas.

IMPERVIOUS COVERAGE – The percent of a lot covered by an impervious surface.

IMPERVIOUS SURFACE – Those surfaces which do not absorb precipitation. All buildings (including roof overhangs), parking areas, driveways, roads, sidewalks, and concrete, asphalt, and stoned areas shall be considered impervious surfaces within this definition.

INDUSTRIAL USE

     a) GENERAL INDUSTRIAL USE – Manufacturing or storage uses which, because of their shipping, storage, and other requirements should not be located in close proximity to residential areas.

     b) LIGHT INDUSTRIAL USE – Manufacturing or storage uses which are characterized by uses of large sites, attractive buildings, and inoffensive processes, and which can be compatible with neighboring residential uses.

JUNK – Any discarded materials or articles, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

JUNK YARD – Any unlicensed place where junk, as herein defined, is stored, accumulated, or disposed of. (SEE SALVAGE YARD). The deposit or storage on a lot (other than in a licensed salvage yard) of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a “junk yard”. (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that is required to and does not have a valid current registration plate or a certificate of inspection which is more than 60 days beyond the expiration date.)

KENNEL – Any building or buildings and/or land used for the boarding, breeding, or training of a combined total of four or more dogs, cats, fowl, or other small domestic animals at least four months of age and kept for purposes of profit, show, hunting, or as pets, but not to include riding stables or cases involving animals raised for agricultural purposes.

LAND DEVELOPMENT – Any of the following activities:

     a) The improvement of one (1) lot or two (2) or more contiguous lots, tracts, or parcels of land for any purpose involving:

          1) a group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

          2) the division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

     b) A subdivision of land.

     c) Excluded from this definition of land development are the following:

          1) the conversion of an existing single-family detached dwelling or single-family semi detached dwelling into not more than three residential units, unless such units are intended to be a condominium;

          2) the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

          3) the addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park. For the purposes of this subclause, an amusement park is defined as a tract or area used principally as the location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDOWNER – The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LANDSCAPING – Landscaping shall include, but not be limited to, grass and other plantings such as trees, shrubs, and bushes, and may also include mulch and/or decorative stone.

LAUNDRY, SELF-SERVICE – A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.

LOADING SPACE – An off-street space suitable for the loading or unloading of goods having direct usable access to a street or alley.

LOT – A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

     a) LOT, CORNER – A lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135 degrees at the intersection of the two street lines. Front yards are required on all street frontages. One yard other than a front yard shall be deemed a rear yard, and the other, or others, side yards.

     b) LOT, INTERIOR – A lot other than a corner lot, the sides of which do not abut a street.

     c) LOT, REVERSE FRONTAGE – A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.

     d) LOT, THROUGH – An interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA – The area contained within the property lines of an individual lot, excluding any area within a street right-of-way whether existing or future, but including the area of any easement.

LOT DEPTH – The mean horizontal distance of a lot measured between the street right-of-way line and the closest rear property line. On corner and through lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT WIDTH – The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line. Unless otherwise specified, lot width shall be measured at the street right-of-way line.

MEDIATION – A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MEDICAL OR DENTAL CLINIC – Any building or group of buildings occupied by medical or dental practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MINIWAREHOUSE – A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research, and development testing, service, and repair, or other non-storage activities shall be permitted.

MIXED USE – Occupancy of a building for more than one (1) use.

MANUFACTURED HOME – A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Mobile homes placed in parks shall meet the requirements for Mobile Home Parks listed in the Juniata County Subdivision and Land Development Ordinance. Mobile homes placed on individual lots shall be considered single-family-detached dwellings, and be bound by the requirements there imposed.

MANUFACTURED HOME LOT – A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MANUFACTURED HOME PARK – A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.

MOTEL – A building or group of buildings, whether detached or in connected units, used as individual sleeping or living units with direct outside access, designed  primarily for transient vehicle travelers, and provided with accessory off-street parking facilities. The term includes buildings designed as tourist courts, motor lodges, auto courts, and similar appellations, but shall not be construed to include mobile home parks.

MULTI-FAMILY OR TWO-FAMILY CONVERSION – A multi-family or two-family dwelling constructed by converting an existing building into apartments for more than one family, without substantially altering the exterior of the building.

MUNICIPAL ENGINEER – A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality.

MUNICIPAL USE – Any use owned or operated by the Borough or an authority created by the Borough.

NO-IMPACT HOME-BASED BUSINESS – A home-based business as defined by the Pennsylvania Municipalities Planning Code, as amended.

NONCONFORMITY – A use, structure, or lot in conflict with the regulations of this Ordinance, (1) existing on the effective date of this Ordinance, or (2) existing at any subsequent amendment of this Ordinance, or (3) created by variance. Specially, the following types of unconformities are distinguished:

     a) NONCORMING LOT – A lot the area or dimension of which was lawful prior to the enactment to this Ordinance of any amendment heretofore or hereafter enacted, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

     b) NONCONFORMING STRUCTURE – A stucture or part of a structure manifestly not designed to comply with the applicable use provisions in this Ordinance or any amendment heretofore to hereafter enacted, where such structure lawfully existed prior to the enactment of this Ordinance or amendment or prior to the application of this Ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include, but are not limited to, conforming signs.

     c) NONCORMING USE – A use, whether of land or of a structure, which does not comply with the applicable use provisions in this Ordinance or any amendment  heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL – Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this Ordinance, where such dimensional nonconformity lawfully existed prior to the adoption of this Ordinance or amendment thereto.

OWNER – The owner of record of a parcel of land.

PA DEP – Pennsylvania Department of Environmental Protection

PA DOT – Pennsylvania Department of Transportation

PARCEL – A unit of land that meets all of the following criteria:

     a) Owned by the same owner or owners on (adoption date).

     b) Obtained by its owner or owners at the same time and by the same instrument (deed, will, etc.).

     c) Is contiguous – land shall be considered contiguous even though separated by public or private roads.

PARK, PLAYGROUND, OR RECREATION AREA – An open air recreational facility which is not accessory to any other use on the same or any other lot, but excluding amusement parks.

PARKING GARAGE – A building where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.

PARKING LOT – An open lot where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.

PARKING SPACE – An off-street space available for the parking of one (1) motor vehicle and having a direct usable access to a street or alley.

PARTY WALL – A wall, used jointly by two (2) parties under easement agreement, erected upon a line separating two (2) parcels of land, each of which is a separate real estate entity.

PERSONAL SERVICE BUSINESS – Personal service businesses shall include barber and beauty shops, radio, and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches, tailor and dressmaking shops or any other similar establishment providing personalized service to customers.

PLACE OF WORSHIP – A nonprofit use of land or a building or buildings as a  place of worship, convent, monastery, or similar religious institution, including rectory and parish houses for an organization solely or primarily used as a religious institution when located on the same premise.

PLANNING CODE – The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act 247, as amended.

PLANNING COMMISSION – The Port Royal Planning Commission as duly appointed by Port Royal Borough.

PROFESSIONAL OR BUSINESS OFFICES – An office which is generally operated on an appointment basis. Business offices shall include advertising agencies, optician’s office, personnel agencies, photographer’s studio, and travel and ticket agencies. Professional offices shall include offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, real estate agents, teachers, and miscellaneous consulting services. Also included are offices of a governmental agency, social service organization, district justice or justice of the peace, notary, public or private utility, or political organization; or an office of a bank, savings and loan association, credit or loan company, collection agency, or stock and bond broker.

PUBLIC – Owned, operated, or controlled by a government agency (Federal, State, or Local including a corporation created by law for the performance of certain specialized government functions and the Board of  Education).

PUBLIC BUILDING – A building owned, operated, or controlled by a governmental agency, (Federal, State,or Local), including a corporation created by  law for the performance of certain specialized governmental functions, and the Board of Education.

PUBLIC GROUNDS – includes the following:

     a) parks, playgrounds, trails, paths, and other recreational areas and other public areas;

     b) sites for schools, sewage treatment, refuse disposal, and other publicly owned and operated facilities; and

     c) publicly owned or operated scenic and historic sites.

PUBLIC HEARING – A formal meeting held pursuant to public notice by the governing body or planning agency intended to inform and obtain public comment, prior to taking action on zoning related matters.

PUBLIC MEETING – A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.

PUBLIC NOTICE – Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, conditional use, and/or variance requests shall also include the posting of a sign  at conspicuous locations along the perimeter of the subject property; these sign(s) shall be posted at least one week prior to the required public hearing.

PUBLIC SEWER – A municipal sanitary sewer system or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection.

PUBLIC USES – Includes public and semi-public uses that are specifically established to offer some public welfare, health, safety, recreation, or educational services to the residents, businesses, and landowners of Port Royal Borough. Such uses can include schools, parks, fire stations, municipal buildings and garages, etc. Churches are not included in this definition.

PUBLIC UTILITIES – Use or extension thereof which is operated, owned, or maintained by a public  utility corporation, municipality, or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage, and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

PUBLIC WATER – A municipal water supply system or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

RECREATION, ACTIVE – Leisure time activities, usually of a more formal nature and performed with other individuals, often requiring equipment and taking place at prescribed places, sites, or fields. Such areas usually require physical alteration to the area before they can occur and are intensively used, such as playgrounds, ballfields, courts, and swimming pools.

RECREATION, PASSIVE – Leisure time activities, usually of an informal nature and which can be carried out with no alteration or disruption to the area in which they occur, such as hiking and picnicking.

RECREATIONAL VEHICLE – Tent trailers, campers, travel trailers, and motor homes which provide for eating and/or sleeping for one or more persons are classified as recreational vehicles.These vehicles or units shall have a fixed maximum width of eight (8) feet or less and a maximum length of thirty-two (32) feet or less.

RETAIL STORE OR SHOP – Any shop or store whose primary activities involve the sale or lease of amusements and games, antiques, art books, beverages, carpets and rugs, ceramics and glass, confections, drugs, dry goods,flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, radio-television and sound equipments, sporting and camping goods, stationary, tobacco, toys and wearing apparel. The wholesale distribution or manufacture of the foregoing products are not included herein and are permitted only as provided in other appropriate sections of this Ordinance. Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this Ordinance, including but not limited to, gasoline and motor vehicle service stations, vehicular sales and rentals, restaurants, taverns, business offices, contractors offices, mills and lumber yards.

ROADWAY – The portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. Often referred to as “cartway”.

SALVAGE YARD –  A lot, land, or structure, or part thereof, properly licensed by the Commonwealth of Pennsylvania, which is used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, building materials, house furnishings, machinery, vehicles, or parts thereof, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof (see “JUNK YARD”).

SATELLITE DISH ANTENNA – Any accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.

SCHOOL – A place of instruction, either public or private.

     a) SCHOOL, COMMERCIAL – A school conducted for profit for such special instruction as business, art, music, trades, handicraft, dancing, or riding.

     b) SCHOOL, ELEMENTARY – Any school licensed by the Commonwealth of Pennsylvania and which meets the requirements for elementary education.

     c) SCHOOL, NON-PUBLIC – A private place of instruction other than a commercial school.

     d) SCHOOL, NURSERY – Any place licensed by the Commonwealth of Pennsylvania and which is authorized to provide regular instruction and daytime care for two or more children under the age of elementary school.

     e) SCHOOL, SECONDARY – Any school licensed by the Commonwealth of Pennsylvania and which is authorized to award diplomas for secondary education.

SCREEN PLANTING – A vegetative material of sufficient height and density to conceal from the view of adjacent property owners the structures and uses on the premises on which the screen planting is located.

SERVICE STATION – See “VEHICLE SERVICE STATION”.

SETBACK – The minimum required horizontal distance between a setback line and a property or street line.

     a) SETBACK, FRONT – The distance between the street right-of-way line and the required front setback line projected the full width of the lot.

     b) SETBACK, REAR – The distance between the rear lot line and the required rear setback line projected the full width of the lot.

     c) SETBACK, SIDE – The distance between the side lot line and the required side setback line projected from the front yard to the rear yard.

SETBACK LINE – A line within a property and parallel to a property or street line which delineates the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.

SIGN – Any structure, device, fixture, or placard that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

STORY – That portion of a building, excluding cellars, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF – A story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor.

STREET – A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel. Street includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used, or intended to be used, by vehicular traffic or pedestrians whether public or private.

STREET GRADE – The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

STREET LINE – A line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the street “right-of-way line”.

STRUCTURE – Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed on the land.

     a) ACCESSORY – A subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure.

     b) PERMANENT – A structure which cannot readily be removed.

     c) TEMPORARY – A structure which can readily be removed.

SUBDIVISION – The division or re-division of a lot, tract, or parcel of land by any means into two (2) 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 ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SWIMMING POOL – Any pool or open tank containing, or normally capable of containing, water to a depth at any point greater than one and one-half (1 ½) feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN – An establishment whose primary function is to dispense alcoholic beverages incidental to the fact that food is available for sale. This definition shall include those establishments which do not meet the criteria set forth by the Pennsylvania Liquor Control Board regarding eligibility for a Sunday sales permit (that is, where alcoholic beverage sales exceed 40 percent of the establishment’s income)

TELEVISION ANTENNA – Any device used for receiving video transmissions.

USE – The specific purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

     a) ACCESSORY USE – A use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

     b) PRINCIPAL USE – The main or primary use of property or structures, measured in terms of gross floor area, or where no gross floor area exists, measured in terms of net land area.

USE AND OCCUPANCY PERMIT – A permit issued by the Zoning Officer certifying a use’s compliance with information reflected on the zoning permit and the Zoning Ordinance.

VARIANCE – The permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for a particular modification to some regulation or provision of the Zoning Provisions of this Ordinance which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and intent of the Ordinance.

VEHICLE BODY SHOP – A building or structure on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles, trucks, and other vehicles for conveyance.

VEHICLE PARKING LOT OR GARAGE – A lot or building or portion thereof, other than an automobile sales lot used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

VEHICLE REPAIR GARAGE – A building or structure on a lot designed and/or used primarily for mechanical and/or body repairs, storage, or servicing to automobile, trucks, and similar vehicles.

VEHICLE SERVICE STATION – A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering vehicle services such as lubrication, washing, and minor repairs.

VEHICLE WASH – A building on a lot, designed and used primarily for the washing and polishing of motor vehicles and which may provide accessory services as set forth herein for Vehicle Service Stations.

WATERCOURSE – Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

YARD – An area between the permitted structures and the property lines.

     a) YARD, FRONT – The area contained between the street right-of-way line and the front face or wall of the principal structure.

     b) YARD, REAR – The area contained between the rear property line and the rear face or wall of the principal structure. On corner and through lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address.

     c) YARD, SIDE – The area(s) between any side face or wall of a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the streets.

ZONING  – The designation of specified districts within a community or Borough, reserving them for certain uses together with limitations on lot size, heights of structures, and other stipulated requirements.

ZONING DISTRICT – A portion of the Borough or adjacent municipalities within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance (or the adjacent municipality’s Zoning Ordinance).

ZONING HEARING BOARD – The Zoning Hearing Board of and for the Borough of Port Royal.

ZONING MAP – The Zoning Map of Port Royal Borough adopted hereunder, together with all amendments thereto subsequently adopted.

ZONING OFFICER – The duly constituted municipal official designated to administer and enforce this Ordinance. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms. The Zoning Officer may be the Building Inspector and serve both offices of the Borough.

ZONING PERMIT – A written statement issued by the zoning officer, authorizing buildings, structures, or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provision.

Article III: Designation of Districts

Section 301     Zones and Boundaries.

     a) Establishment of Zones: The Borough of Port Royal is divided into zones identified below and shown on the map entitled “Zoning Map of Port Royal Borough” which map is part of this Ordinance.

          Base Districts

               R1 Low Density Residential

               R2 Medium Density Residential

               DC Downtown Commercial District

               GC General Highway Commercial

          Overlay Districts

               Floodplain District

               Slope Protection District

               Stream Protection

               Wetland Protection

     b) The boundaries of said base districts shall be shown upon the attached zoning map and made part of this ordinance. The provisions of the overlay district shall apply where those conditions that are regulated by the overlay district occur in the Borough. A copy of the zoning map, indicating the latest amendments, shall be displayed for the use and benefit of the public at the Port Royal Borough Administration Building.

     c) Boundaries of Zones: Where uncertainty exists as to the boundaries of the zones as shown on the zoning map, the following rules shall apply:

          1) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

          2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

          3) Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits.

          4) Boundaries indicated as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines.

          5) Boundaries indicated as parallel to or extensions of features indicated in Subsection (1) through (4) shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

          6) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in circumstances not covered by Subsection (1) through (5),the Zoning Officer shall interpret the district boundaries.

Section 302     Use Adjustment on District Boundaries.

In unsubdivided land where a district boundary line divides a lot held in single and separate ownership, the following rules shall apply:

     a) The use in a less restricted district may extend over the portion of the lot in the more restricted district, a distance of not more than fifty (50) feet beyond the district boundary line providing such extension does not extend the frontage of the use along a street in the more restricted district.

     b) The frontage of the use in a less restricted district may extend over the portion of the lot in the more restricted district, a distance of not more than fifty (50) feet beyond the district line, providing a variance is granted by the Zoning Hearing Board.

     c) Where a district boundary divides a lot, the permitted use of either district may extend not more than 50 feet into the other district.

Section 303     Application of District Regulations.

The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

     a) No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located.

     b) No building or other structure shall hereafter be erected or altered except in conformance with the provisions of this Ordinance.

     c) No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

     d) No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein except in conformance with the provisions of this Ordinance. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

Section 304     Uses Not Provided For.

In any district established by this Ordinance, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination in accordance with Article XIV, Jurisdiction of the Zoning Hearing Board, as to the similarity or compatibility of the use in question to the permitted uses in the District. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made.

Section 305     Performance Standards.

No land or building in any District in the Borough shall be used or occupied in such a manner so as to create any dangerous or objectionable elements in such amount as to adversely affect the surrounding area or premises. All uses of land or building shall initially and continuously comply with all applicable performance standards established by Federal and State agencies.

Section 306     Use Regulations.

     a) Uses Permitted: The uses permitted in the zones established by this Ordinance and the permitted extent of these uses are as shown in Articles IV, V, VI, and VII. The uses shown as permitted and conditional in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However,

          1) Additional supplemental provisions are set forth in Article X.

          2) Standards for Conditional Uses are set forth in Article XIII.

     b) Accessory Buildings and Structures: Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this Ordinance and shall be further subject to the requirements for accessory uses and structures as set forth in Article IX.

     c) No more than one principal use is permitted per lot, except in the case of permitted “mixed use” buildings.

Article IV: Low Density Residential

Section 400     Low Density Residential Zone.

     a) Purpose: The purpose of the Low-Density Residential classification is to accommodate and encourage low-density development, primarily residential in nature, consistent with the characteristics of the prevailing open environment of the Borough. Development is restricted to low-density, single-family residential development, and related compatible uses designed to serve the residential community, and to prevent the overcrowding of land through the application of maximum housing densities, and to exclude any activities not compatible with residential development.

     b) Description of Zone: The Low Density Residential Zone of Port Royal Borough shall be defined as all areas within the Borough East of Penn Central Railroad Mainline; South of Main Street; and to the East of an extension of the centerline of Eighth Street from its present southern terminus through the Tuscarora Creek. Additionally the Low Density Residential Zone of Port Royal Borough shall include an area bounded on the South by Milford Street; on the West by Northwest Avenue;on the North by lands of the Juniata County Agricultural Society and on the East by Eighth Street all of which is as more fully set forth and described on the Port Royal Borough Zoning Map.

     c) Permitted Uses: The following principal uses are permitted:

          1) Single-family Detached Dwelling;

          2) Public Park and Recreation Areas;

          3) Places of Worship in accordance with Section 1014;

          4) General Gardening;

          5) No Impact Home Based Businesses in accordance with Section 1013;

          6) Family Day Care Home in accordance with Section 1005;

          7) Cemeteries in accordance with Section 1002;

          8) Community Activity Buildings;

          9) Public Libraries;

          10) Public Buildings and Facilities;

          11) Crop and Tree Farming, and Horticulture; and

          12) Group Homes.

     d) Conditional Use: The following principal uses shall be permitted as a Conditional Use when approved by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article XIII of this Ordinance.

          1) Bed and Breakfast Inn in accordance with Section 1303;

          2) Public and Private Schools, and other Educational Institutions;

          3) Home Business in accordance with Section 1308.

     e) Lot Area and Width: Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone. All uses in the Low Density Residential District shall be connected to Public Water and Public Sewerage.

Lot Requirements——>————->Minimum Building Setbacks (2)—->—->—–>
Use (6)Min. Lot AreaMin. Lot Width (4)Max. Impervious CoverageFront (g)Each Side (3)Total SidesRearMax. Buuilding Height
All Uses (1)7,500 sq. ft.60′45%25′10′20′15′35′
(1) – All uses in the Low Density Residential District shall be connected to Public Water and Public Sewer.
(2) – In case of condominium projects, building setbacks shall act as separation distances between buildings.
(3) – Existing lots of less than fifty (50) feet of road frontage shall be permitted to reduce required side yard setbacks to five (5) feet with a total of ten (10) feet for total sides.
(4) – Measured at the right-of-way line, or ultimate right-of-way for streets with substandard right-of-ways.
(5) – Front yard may be reduced in accordance with Section 903.b).
(6) – These standards represent minimum requirements unless specified elsewhere in this ordinance.

     f) Accessory Uses and Structures

          The following customary accessory uses and structures incidental to any permitted uses shall be permitted:

          1) Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas, and parking areas.

          2) Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain.

          3) Private garages.

          4) The keeping of no more than three household pets and/or domestic animals in a safe, healthy, and humane manner, but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot.

          5) Applicable provisions governing Accessory Buildings and Structures in accordance with of Article IX.

     g) Off-Street Parking: Off-Street Parking shall be provided in accordance with Article XI.

     h) Environmental Protection Overlay District: Development shall meet the requirements of the Environmental Protection Overlay District in accordance with Article VIII.

     i) Performance Standards: Development shall meet the requirements of the performance standards in accordance with Article IX.

     j) Signs: Signs are permitted in accordance with Article XII.

Article V: Medium Density Residential

Section 500     Medium Density Residential Zone.

     a) Purpose: The purpose of the Medium Density Residential classification is to promote the development of a variety of housing types in areas where necessary municipal services and other amenities are available and commercial facilities are located nearby. All new development in this classification shall be connected to public water and public sewerage facilities.

     b) Description of Zone: The Medium Density Residential Zone of Port Royal Borough shall be bounded on the North by Town Lane; on the East by an extension of the centerline of Eighth Street from its present southern terminus through the Tuscarora Creek; on the South by the Tuscarora Creek and on the West by Pennsylvania route No. 75. The Medium Density Residential Zone shall also include that area of Main Street including all areas to the North of the centerline of Main Street between Seventh Street and the Penn Central Railroad Mainline through the centerline of a public alley between Main Street and Market Street. The Medium Density Residential Zone of Port Royal Borough shall also include all areas of the borough to the West of Northwest Avenue and Conn Street and is bounded by Milford Street on the South; T.R. 333 on West; Court Lane on the North; and Northwest Avenue and Conn Street on the East. All of which is as more fully set forth and described on the Port Royal Borough Zoning Map.

     c) Permitted Uses: The following principal uses are permitted:

          1) Single-family Detached Dwelling;

          2) Single-family Semi Detached Dwelling;

          3) Multiple Dwelling Structures in accordance with Section 1012;

          4) Public Park and Recreation Areas;

          5) Places of Worship in accordance with Section 1014;

          6) General Gardening;

          7) No Impact Home Based Businesses in accordance with Section 913;

          8) Family Day Care Home in accordance with Section 1005;

          9) Cemeteries in accordance with Section 1002;

          10) Community Activity Buildings;

          11) Public Libraries;

          12) Public Buildings but not Facilities;

          13) Crop and Tree Farming, and Horticulture;

          14) Home Business in accordance with Section 1308; and

          15) Group Homes.

     d) Conditional Use: The following principal uses shall be permitted as a Conditional Use when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article XIII of this Ordinance.

          1) Public and Private Schools, and other Educational Institutions;

          2) Manufactured Home Parks in accordance with Section 1306;

          3) Bed and Breakfast in accordance with Section 1303;

          4) Home Business in accordance with Section 1308;

          5) Convalescent or Nursing Home; and

          6) Conversation Apartments in accordance with Section 1305.

     e) Lot Area and Width: Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone. All uses in the Medium Density District shall be connected to Public Water and Public Sewerage.

Lot Requirements (7)Minimum Building Setbacks (3,7)
Min. Lot Area per unit/lotMin. Lot Width (5)Maximum Impervious CoverageFront (6)Each Side (4)Total SidesRearMax. Building Height
7,500 sq. ft.60′45%25′7′14′15′35′
7,000 sq. ft.40′20%25′7′ (2)14′ (2)15′35′
4,000 sq. ft.18′20%25′7′ (2)14′ (2)15′35′
4,000 sq. ft.80′20%25′7′14′15′35′
10,000 sq. ft.60′45%25′15′30″15′35′
Use (1)
Single Family-Detached
Single-Family Semi-Detached
Townhouse
Multi-Family Dwellings
All other Uses
(1) – All uses in the Medium Density Residential District shall be connected to Public Water and Public Sewer.
(2) – Yard requirements apply to unattached sides of buildings.
(3) – In case of condominium projects, building setbacks shall act as separation distances between buildings.
(4) – Existing lots of less than fifty (50) feet of road frontage shall be permitted to reduce required side yard setbacks to five (5) feet with a total of ten (10) feet for total sides.
(5) – Measured at the right-of-way line, or ultimate right-of-way for streets with substandard right-of-ways.
(6) – Front yard may be reduced in accordance with Section 903.b).
(7) – These standards represent minimum requirements unless specified elsewhere in this ordinance.

     f) Accessory Uses and Structures

          The following customary accessory uses and structures incidental to any permitted uses shall be permitted:

          1) Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas, and parking areas.

          2) Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain.

          3) Private garages.

          4) The keeping of no more than three household pets and/or domestic animals in a safe, healthy, and humane manner, but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot.

          5) Applicable provisions governing Accessory Buildings and Structures in accordance with Article IX.

     g) Off-Street Parking: Off-Street Parking shall be provided in accordance with Article XI.

     h) Environmental Protection Overlay District: Development shall meet the requirements of the Environmental Protection Overlay District in accordance with Article VIII.

     i) Performance Standards: Development shall meet the requirements of the performance standards in accordance with Article IX.

     j) Signs: Signs are permitted in accordance with Article XII.

Article VI: Downtown Commercial

Section 600     Downtown Commercial Zone.

     a) Purpose: The Downtown Commercial Zone is designed to establish a sense of place among the commercial nodes of the Borough, and enhancement and protection of the “central commercial core” supported by permitting a mix of residential uses and nonresidential uses that will offer consumer goods and services appropriate for a “Downtown Area”. Rehabilitation of existing buildings and facades shall be considered a priority to razing any building within the Downtown Commercial Area.

     b) Description of Zone: The Downtown Commercial District in Port Royal Borough shall be defined and e bounded by the Borough Line to the North; the Penn Central Railroad Mainline to the East; the centerline of a public alley extending from Second Street through Eighth Street, said alley running parallel to Market Street and Milford Street for its entire length; and on the West by that portion of Eighth Street from the aforesaid alley to the Southwestern corner of lands presently known as the Juniata County Fairgrounds and Fourth Street from a point at the Southeastern corner of the lands now known as the Juniata County Fairgrounds through Fourth Streets intersection with the northern boundary line of Port Royal Borough.

     c) Permitted Uses: The following principal uses are permitted:

          1) Single-family Detached Dwelling;

          2) Single-family Semi Detached Dwelling;

          3) Retail Store or Shop;

          4) Personal Service Business;

          5) Professional or Business Offices;

          6) Eating Establishments;

          7) Parking Lot or Parking Garage;

          8) Tavern in accordance with all applicable Borough and State requirements;

          9) Funeral Home;

          10) Public Buildings but not Facilities;

          11) Public Utility Building;

          12) Private Day Care Center or Nursery School in accordance with Section 1015; and

          13) No Impact  Home Based Business in accordance with Section 1013.

     d) Conditional Use: The following principal uses shall be permitted as a Conditional Use when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article XIII of this Ordinance.

          1) Conversion Apartments;

          2) Business Conversion; and

          3) Home Business in accordance with Section 1308.

     e) Lot Area and Width: Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

Lot Requirements(7)->->Minimum Building Setbacks (3,7)->->->
Min. Lot Area per unit/lotMin. Lot Width (5)Max. Impervious CoverageFront (6)Each Side (4, 8)Total SidesRearMax. Building Height
7,500 sq. ft.60′45%25′7′14′15′35′
7,500 sq. ft.40′35%25′7′ (2)14′ (2)15′35′
10,000 sq. ft.60′85%25′7′14″15′35′
Use (1)
Single Family-Detached
Single-Family Semi-Detached
All other Uses
(1) – All uses in Downtown Commercial District shall be connected to Public Water and Public Sewer.
(2) – Yard requirements apply to unattached sides of buildings.
(3) – In case of condominium projects, building setbacks shall act as separation distances between buildings.
(4) – Existing lots of less than fifty (50) feet of road frontage shall be permitted to reduce required side yard setbacks to five (5) feet with a total of ten (10) feet for total sides.
(5) – Measured at the right-of-way line, or ultimate right-of-way for streets with substandard right-of-ways.
(6) – Front yard may be reduced in accordance with Section 903.b).
(7) – These standards represent minimum requirements unless specified elsewhere in this ordinance.
(8) – Zero lot line development in accordance with Section 903.c).

     f) Accessory Uses and Structures

          The following customary accessory uses and structures incidental to any permitted uses shall be permitted:

          1) Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas, and parking areas.

          2) Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain.

          3) Private garages.

          4) All storage accessory to any permitted use, other than off-street parking and loading areas, shall be carried on in completely enclosed buildings.

          5) Applicable provisions governing Accessory Buildings and Structures in accordance with Article IX.

     g) Use Standards.

          Uses permitted in the Downtown Commercial District shall be subject to the following conditions:

          1) Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress. All roads, driveways, parking areas, and walks shall be paved and maintained in good condition with hard surface materials.

          2) All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress.

          3) Illumination. All illumination shall comply with the requirements of Article IX. When lot lines lie within 35 feet of a Residential District boundary or any lot in residential use, any illumination or floodlighting shall be arranged so there will be no glare of lights on such lot or District boundary line.

          4) Landscaping. The entire lot shall be landscaped pursuant to Article IX (except for those areas that are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly maintained throughout the life of any use on any lot.

          5) Along each property line which is adjacent to a Residential District or lot in residential use, the owner shall be required to maintain a buffer srip ten (10) feet wide which shall be planted with a hedge, evergreen shrubbery, or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects. Said buffer strip shall be consistent with any existing vegetation and the permitted use of the adjacent residential property.

     h) Off-Street Parking: Off-Street Parking shall be provided in accordance with Article XI.

     i) Environmental Protection Overlay District: Development shall meet the requirements of the Environmental Protection Overlay District with Article VIII.

     j) Performance Standards: Development shall meet the requirements of the performance standards in accordance with ARticle IX.

     k) Signs: Signs are permitted in accordance with Article XII.

Article VII: General Highway Commercial

Section 700     General Highway Commercial Zone.

     a) Purpose: The General Highway Commercial Zone is designed to accommodate commercial activity within the Borough. Since these enterprises are the most dependent on traffic generated by a thoroughfare, these uses are grouped together to facilitate shopping via the automobile. The location of these uses is also accessible by Borough residents via local streets and sidewalk.

     b) Description of Zone: The General Highway Commercial Zone shall be defined as all areas of the Borough having frontage on Market Street from its intersection with the Penn Central Railroad Mainline through its intersection with the Tuscarora Creek. The General Highway Commercial Zone will also include all area defined as being bounded on the North by the northerly boundary line of Port Royal Borough; the East by that portion of Fourth Street extending from the northern boundary line of Port Royal Borough; the East by that portion of Fourth Street extending from the northern boundary line of Port Royal Borough through a point on Fourth Street situate at the Southeastern corner of lands now designated as the Juniata County Fairgrounds; the southern boundary of said zone shall be the southern boundary line of lands now comprising of the Juniata County Fairgrounds; bounded on the West by that portion of Eighth Street commencing at the Southwestern corner of lands now comprising of the Juniata County Fairgrounds through a point forming the Northeastern corner of lands now of the Juniata County School District; thence said boundary line shall extend along the northernmost boundary line of lands now of the Juniata County School District and a straight until said line intersects with the centerline of Township Route No. 333; thence said zone shall be bounded on the West by Township Route No. 333 through its intersection with the northern boundary line of Port Royal Borough.

     c) Permitted Uses: The following principal uses are permitted:

          1) Retail Store or Shop;

          2) Personal Service Business;

          3) Professional or Business Offices;

          4) Eating Establishment;

          5) Parking Lot or Parking Garage;

          6) Tavern in accordance with all applicable borough and State requirements;

          7) Funeral Home;

          8) Commercial and Indoor Recreational Establishment in accordance with Section 1007;

          9) Outdoor and Vehicle Sales, Service, and/or Repair;

          10) Public Buildings and Facilities;

          11) Medical or Dental Clinic;

          12) Vehicle Service Station, Vehicle Body Shop, Vehicle Repair garage, or Vehicle Wash;

          13) Kennel, Animal Hospital in accordance with Section 1008;

          14) Public Utility Building;

          15) Private Day Care Center or Nursery School in accordance with Section 1015;

          16) Laundry and Dry Cleaning Establishments in accordance with Section 1009;

          17) Heavy Storage Service (ex. Warehouse, Building Material Yard) in accordance with Section 1006;

          18) Mini Warehouse in accordance with Section 1010;

          19) Commercial Day Care Center in accordance with Section 1003;

          20) Business Conversion in accordance with Section 1001;

          21) Mixed Use in accordance with Section 1011;

          22) Convalescent or Nursing Home;

          23) Convenience Store;

          24) Greenhouse or Nursery;

          25) Hospitals; and

          26) Hotel or Motel.

     d) Conditional Use: The following principal uses shall be permitted as a Conditional USe when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article XIII of this Ordinance.

          1) Research Laboratory;

          2) Conversion Apartments in accordance with Section 1305;

          3) Light Manufacturing uses, including but are not limited to:

               a) Printing and publishing;

               b) Soft drink bottling;

               c) Packaging products in the form of powder of other dry state;

               d) Lace manufacture;

               e) Sewing apparel;

               f) Assembly of electronic apparatus;

              g) Instrument making;

               h) Tool and die making;

               i) Cabinet making;

               j) Electroplating metals; and

               k) Molding plastics.

          4) General Manufacturing use include but are not limited to:

               a) Food, except meat-packing;

               b) Furniture;

               c) Textiles;

               d) Leather;

               e) Rubber;

               f) Paper;

               g) Fabricated metals;

               h) Machinery;

               i) Stone;

               j) Clay;

               k) Glass;

          5) Truck or Motor Freight Terminal;

          6) Sawmill Operation;

          7) Salvage/Junk Yard in accordance with Section 1307;

          8) Chemical Manufacturing, Processing, and Storage Operations;

          9) Adult Bookstores and Adult Theaters in accordance with Section 1302;

          10) Industrial Uses;

          11) Cellular Communication Towers and Antennas in accordance with Section 1304;

          12) Mining and Quarrying in accordance with the Juniata County Subdivision and Land Development ordinance; and

          13) Concentrated Animal Operation or Feeding Operation in accordance with the Mifflin County Subdivision and Land Development Ordinance.

     e) Lot Area and Width: Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

Lot Requirements (7)->->Minimum Building Setbacks (2, 3, 7, 8)->->->
Min. Lot AreaMin. Lot Width (5)Max. Impervious CoverageFront (6)Each Side (4)Total SidesRearMax. Building Height
10,000 sq. ft.60′85%25′7′14″15′35′
Use (1)
All Uses
(1) – All uses in General Highway Commercial District shall be connected to Public Water and Public Sewer.
(2) – Yard requirements apply to unattached sides of buildings.
(3) – In case of condominium projects building setbacks shall act as separation distances between buildings.
(4) – Existing lots of less fifty (50) feet of road frontage shall be permitted to reduce required side yard setbacks to five (5) feet with a total of ten (10) feet for total sides.
(5) – Measured at the right-of-way for streets with substandard right-of-ways.
(6) – Front yard may be reduced in accordance with Section 903.b).
(7) These standards represent minimum requirements unless specified elsewhere in this ordinance.
(8) – Zero lot line development in accordance with Section 903.c).

     f) Accessory Uses and Structures

          The following customary accessory uses and structure incidental to any permitted uses shall be permitted:

          1) Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas,

          2) Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain.

          3) Private garages.

          4) All storage accessory to any permitted use, other than off-street parking and loading areas, shall be carried on in completely enclosed buildings.

          5) Applicable provisions governing Accessory Buildings and Structures in accordance with Article IX.

     g) Use Standards

          Uses permitted in the General Highway Commercial District shall be subject to the following conditions:

          1) Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress. All roads, driveways, parking areas, and walks shall be paved and maintained in good condition with hard surface materials.

          2) All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress.

          3) Illumination. All illumination shall comply with the requirements of Article IX. When lot lines lie within 35 feet of a Residential District boundary or any lot in residential use, any illumination or floodlighting shall be arranged so there will be no glare of lights on such lot or District boundary line.

          4) Landscaping. The entire lot shall be landscaped pursuant to Article IX (except for those areas that are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly maintained throughout the life of any use on any lot.

          5) Along each property line which is adjacent to a Residential District or lot in residential use, the owner shall be required to maintain a buffer strip ten (10) feet wide which shall be planted with a hedge, evergreen shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects. Said buffer strip shall be consistent with any existing vegetation and the permitted use of the adjacent residential property.

     h) Off-Street Parking: Off-Street Parking shall be provided in accordance with Article XI.

     i) Environmental Protection Overlay District: Development shall meet the requirements of the Environmental Protection OVerlay District in accordance with Article VIII.

     j) Performance Standards: Development shall meet the requirements of the performance standards in accordance with Article IX.

     k) Signs: Signs are permitted in accordance with Article XII.

Article VIII: Environmental Protection Overlay District

Section 800     Environmental Protection Overlay District.

     a) The Juniata County Comprehensive Plan has provided an inventory of important natural and cultural features that include wetlands, floodplains, watersheds, streams, soils, historic sites, and buildings. The Borough recognizes the interrelationship between its natural resources and the health, safety, and general welfare of the community, and that these resources have a major role in the quality of life in the community and must be protected and preserved for future generations. Recognizing that the County’s Comprehensive Plan promotes the preservation and protection of these important features, this section provides appropriate standards and regulations for the following purposes:

          1) To protect streams from development impacts.

          2) To minimize negative impacts from development on hillside and slope areas.

          3) To protect water features from development impacts.

          4) To minimize impacts of wetlands.

     b) This overlay district shall include, but not be limited to, all areas in the Borough located within 100 yards of Tuscarora Creek for its entire length as it traverses the Borough.

Section 801     Stream Protection Overlay District (SPOD)

     a) Streams and the natural areas around them serve as important hydrological and environmental assets. It is the intent of this section to provide appropriate standards for delineating and preserving natural and man-made waterways. These regulations are provided to protect wildlife; reduce exposure to high water and flood hazards; preserve existing vegetation along waterways; minimize the negative effects on waterways from development related erosion; and protect water quality by reducing and cleaning stormwater runoff. A SPOD is hereby established as a district which overlays other zoning districts of this ordinance.

     b) Establishment of district boundaries. The SPOD shall consist of a strip of land on each side of a perennial stream. The SPOD boundary shall be based on an investigation of critical environmental features that are related to the waterway. The total extent of the critical areas adjacent to the perennial stream shall be considered in determining the boundaries of the SPOD. Where critical areas do not exist, a minimum buffer of at least 25 feet on each side of the waterway shall be established.

     c) Determining the critical areas. The total extent of the critical areas adjacent to the perennial stream shall be considered in determining the boundaries of the SPOD. Critical areas include the following:

          1) Alluvial soils. All alluvial soils adjacent to the perennial stream.

          2) Wet soils. All wet soils immediately adjacent to or bordering within 50 feet of the perennial stream. For the purpose of this ordinance, these areas are considered hydrologically related to the waterway. Wet soils include springs and other intermittent drainage areas.

          3) Steep slopes. Where the base of a steep slope is 50 feet or less from the stream or drainage way, or if the stream or drainage way is in a ravine, the critical area shall extend to the top of the steep slope(s) or ravine plus an additional 20 feet of moderate or lesser slope. (Steep slope equals 25% or greater).

          4) Wooded areas. Where forested land having a predominance of trees of four-inch caliper or greater exists within 50 feet of the stream or drainage way.

     d) Permitted uses. The following shall be permitted uses in the SPOD provided that they are in compliance with the provisions of the underlying district and are not prohibited by another ordinance, and provided that they do not require building(s), fill or storage of materials and equipment:

          1) Common open space;

          2) Educational or scientific use, not involving buildings or structures;

          3) Fishing, swimming, boating, and hunting;

          4) Trail access to the stream or drainage way and trails in linear parks;

          5) Passive recreational areas not involving structures;

          6) Accessory residential uses such as gardens, play areas, or fences;

          7) Accessory commercial uses such as picnic areas, stormwater facilities, or fences;

          8) Wildlife preserves; and

          9) Underground public utilities.

     e) Standards

          1) The SPOD shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development proposed.

          2) In all subdivision and land development applications, the SPOD shall be described by metes and bounds. A conversation easement covering the SPOD shall be provided around the SPOD.

          3) In all zoning permit applications, the SPOD shall be shown on a drawing indicating the location and measurements of the district in accordance with the above standards.

          4) All subdivision and land development plans shall comply with the provisions of this Ordinance; the Juniata County Subdivision and Land Development Ordinance; and the Port Royal Subdivision and Land Development Ordinance.

     e) Up to ¼ of the land with slopes greater than 25%, may be removed or altered only when such slopes are isolated, small, or otherwise occur as knolls which do not adversely affect the design of the plan or building activity.

     f) Land with slopes greater than 25%, on a single lot development may be removed or altered only when such slopes are small and do not adversely affect the design of the plan or building activity.

Section 803     Wetland Protection Overlay District (WPOD).

     a) Wetland areas are indispensable and fragile hydrological natural resources that provide habitat for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; open space; scientific study opportunities; and recreational opportunities. Damaging or destroying wetlands threatens public safety and the general welfare. Because of their importance, wetlands are to be protected from negative impacts by development and other activities. It is the intent of this section to require planning to avoid and minimize damage of wetlands whenever prudent or feasible; require that activities not dependent upon wetlands be located to other upland sites; and allow wetland losses through proper mitigation only where all practical or legal measures have been applied to reduce these losses that are unavoidable and in the public interest. A WPOD is hereby established as a district which overlays other zoning districts of this Ordinance.

     b) Establishment of WPOD. The WPOD shall apply to all lands in or within 25 feet of a non-tidal wetland located within the Borough. The WPOD shall be based on a wetland investigation by the applicant, and shall be performed in accordance with the procedures of the PADEP as specified in the Federal Manual for IDentifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Wetland mitigation shall be permitted. Wetland mitigation shall be approved by the PADEP. Wetlands proposed to be mitigated shall not be considered part of the WPOD.

     c) Verification of wetland delineation. Where the applicant has provided a determination of the WPOD, the Zoning Officer, and if requested by the Borough, the Borough Engineer or hydrologist, shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event that the adjusted boundary delineation is contested, the applicant may appeal to the Zoning Hearing Board for a variance.

     d) Permitted uses. The following uses shall be allowed within the WPOD to the extent that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, provided that they do not require structures, fill, or storage of materials and equipment, and provided that a permit is obtained from the PADEP and the United States Army Corps of ENgineers, if applicable.

          1) Common open space;

          2) Educational or scientific use not involving buildings or structures;

          3) Fishing, swimming, boating, and hunting;

          4) Trail access to the stream or drainage way and trails in linear parks;

          5) Passive recreational areas not involving structures;

          6) Accessory residential uses such as gardens, play areas, fences or storm water/drainage facilities;

          7) Accessory commercial uses such as picnic areas, fences, or storm water/drainage facilities;

          8) Wildlife preserves; and

          9) Underground utilities.

     e) Standards

          1) The WPOD shall be established at the time of subdivision or land development or the application for a zoning permit if there is no subdivision or land development involved. The wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments.

          2) In all subdivision and land development applications, a wetland investigation shall be required. A conservation easement covering the WPOD shall be provided which shall be described by metes and bounds, indicating the location and measurements of the district.

          3) In all zoning permit applications, the WPOD shall be shown on a drawing the location and measurements of the district. (Wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.

          4) All subdivision and land development plans comply with the provisions of this Ordinance and the Juniata County Subdivision and Land Development Ordinance.

Section 804     Flood Plain Protection Overlay District (FPPOD).

     a) Purpose: The purpose of this zone is to protect the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary, and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

          1) Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

          2) Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

          3) Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood proofed against flooding and flood damage.

          4) Protecting individuals from buying lands and structures that are unsuited for intended purposes because of flood hazards.

     b) Warning and Disclaimer of Liability: The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the flood plain zone, or land use permitted within this zone will be free from flooding or flood damages.

          This Ordinance shall not create liability on the part of Port Royal Borough or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

     c) Establishment of the Flood Plain Zone

          1) Description of Zone: The identified Flood Plain Zone shall be any area of Port Royal Borough subject to the one-hundred (100) year flood, which is identified as a Special Flood Hazard Area (Zone A) on the Flood Hazard Boundary Map (FHBM) as issued by the Federal Insurance Administration dated December 6, 1974.

          2) Determination of the One-Hundred (100) Year Flood Elevation: For the purposes of this Ordinance, the one-hundred (100) year flood elevation shall be used as the basis for regulation. To determine the one-hundred year flood elevation, the elevation at a given point on the boundary of the identified floodplain area which is nearest the construction site in question will be used. In helping to make this necessary elevation determination, other sources of data, where available shall be used such as:

  • Corps of Engineers – Flood Plain Information Reports.
  • U.S. Geological Survey – Flood Prone Quadrangles.
  • USDA, Soil Conservation Service – County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information.
  • Pennsylvania Department of Environmental Protection – Flood Control Investigations.
  • Known Highwater Marks from Past Floods.
  • Other sources acceptable by the Borough Engineer.

          In lieu of the above, the Borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or other 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 allow a through technical review by the Borough.

          3) Overlay Concept: The aforementioned Flood Plain Zone shall be an overlay to the existing underlying zones as shown on the Official Zoning Map, and as such, the provisions for the Flood Plain Zone shall serve as a supplement to the underlying zone provisions.

          Where there happens to be any conflict between provisions or requirements of the FLood Plain Zone and those of any underlying zone, the more restrictive provisions and/or those pertaining to the Flood Plain Zone shall apply.

          In the event any provision concerning the Flood Plain Zone is declared inapplicable as a result of any legislative or administrative actions of judicial discretion, the basic underlying zone provisions shall remain applicable.

          4) Inclusion in Zoning Map: The boundaries of the Flood Plain Zone are established as shown on the Flood Hazard Boundary Map, dated December 6, 1974, prepared by the Federal Insurance Administration. The said map is hereby incorporated into and made a part of the Official Zoning Map of Port Royal Borough. A copy of said map shall be kept on file at the Borough office and be available for inspection during regular office hours.

          5) Zone Boundary Changes: The delineation of the Flood Plain Zone may be revised by Borough Council where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, or other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA) or its successor agency.

          6) Interpretation of Zone Boundaries: Initial interpretations of the boundaries of the Flood Plain Zone shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the zone, the person questioning or contesting the location of the zone boundary shall be given a reasonable opportunity to present his case to the Borough Zoning Hearing Board and to submit his own technical evidence if he so desires. Should the person choose to seek a variance to the zoning regulations to accommodate his development, he must follow the procedures to present his case to the Zoning Hearing Board. Should the person choose to have the zone boundary changed to reflect more accurate flooding data, he must follow the procedures to present his case to Borough Council for a zoning amendment.

     d) Zone Provisions: All uses, activities, land filling, and development occurring within the flood plain zone shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable Borough codes and ordinances.

     Under no circumstances shall any use, activity, land filling, and/or development adversely shall any use, activity, land filling, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the municipality, a permit shall be obtained from the Pennsylvania Department of Environmental Protection, Dams and Encroachment Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration or its successor agency and the Pennsylvania Department of Community and Economic Development.

     Special Flood Hazard Zone: In the Special Flood Hazard Area Zone no development, use, or activity, (including fill, grading, and/or substantial improvements to structures, etc. permitted in the underlying zone shall be permitted unless the applicant of the proposed development, use or activity has demonstrated that the proposed development, use, or activity has demonstrated that the proposed undertaking when combined with all other existing and anticipated development, uses, and activities, will not increase the water service surface elevation of the one-hundred (100) year flood more than calculated by means of current, generally accepted engineering methods.

     e) Development Which May Endanger Human Life

          1) In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community Affairs 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volumes or any amount of radioactive substances on the premises, shall be subject to the provisions of this section, in addition to all other application provisions:

  • Acetone
  • Ammonia
  • Benzene
  • Calcium carbide
  • Celluloid
  • Hydrochloric acid
  • Hydrocyanic acid
  • Magnesium
  • Nitric acid and oxides of nitrogen
  • Petroleum products (gasoline, fuel, oil, etc.)
  • Phosphorus
  • Potassium
  • Sodium
  • Sulfur and sulfur products
  • Pesticides (including insecticides, fungicides, and rodenticides)
  • Radioactive substances, insofar as such substances are not otherwise regulated

          2) Where permitted within any Special Flood Hazard Area (Zone A) any new or substantially improved structure of the kind described in Subsection 1) above shall be:

               i) elevated or designed and constructed to remain completely dry up to at least one and one-half (1 ½) feet above the one-hundred (100) year flood; and

               ii) designed to prevent pollution from the 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 flood-proofing contained in the publication “Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.

          3) Within any Special Flood Hazard Area (Zone A), and structure of the kind described in Subsection 1) above shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.

     f) Special Requirements for Mobile Homes

          1) Where permitted within any Special Flood Hazard Area (Zone A), all mobile homes and any additions thereto shall be:

               i) Anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975)) as amended for Mobile Homes in Hurricane Zones or other appropriate standards such as the following

  • over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.
  • frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length.
  • all components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4800) pounds.

               ii) Elevated in accordance with the following requirements:

  • the strands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one and one-half (1 ½) feet or more above the elevation of the one hundred (100) year flood.
  • adequate surface drainage is provided.
  • adequate access for a hauler is provided.
  • where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten (10) feet apart; reinforcement shall be provided for pilings that will extend for six (6) feet or more above the ground level.

          2) Within any Special Flood Hazard Area (Zone A), mobile homes shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.

     g) Prohibited Uses and Activities

          The following uses and activities are prohibited if located completely or partially within any of the areas identified as being subject to the on-hundred (100) year flood

          1) 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:

  • Hospitals;
  • Nursing homes; and
  • Jails or prisons.

          2) The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile park or mobile home subdivision.

     h) Special Exceptions and Variances Factors to be Considered:In passing upon applications for Special Exceptions and Variances the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and:

          1) The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels during the one-hundred (100) year flood.

          2) The danger that materials may be swept onto other lands or downstream to the injury of others.

          3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

          4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

          5) The importance or the service provided by the proposed facility to the community.

          6) The requirements of the facility for a waterfront location.

          7) The availability of alternative locations not subject to flooding for the proposed use.

          8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

          9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

          10) The safety of access of the property in times of flood of ordinary and emergency vehicles.

          11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater expected at the site.

          12) Such other factors which are relevant to the purposes of this ordinance.

         The Zoning Hearing Board, with approval of Borough Council may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

          Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extra-ordinary public expense, (d) the creation of nuisance, (e) any fraud or victimization of the public, or (f) any conflict with local laws or ordinances.

     i) Existing Structures in the Flood Plain Zone: A structure or use of structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:

          1) Existing structures and/or uses located in the Flood Plain Zone shall not be expanded or enlarged unless such expansion or enlargement on flood heights is fully offset by accompanying improvements.

          2) Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain zone to an extent or amount of less than fifty (50) percent or its market value, shall be elevated and/or incorporated flood-proofing measures regardless of its location in the Flood Plain Zone. However, minor repairs shall be exempt from this provision provided that no structural changes or modifications are involved. Minor repairs shall include the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep; but shall not include any addition, change, or modification in construction, exit facilities, and permanent fixtures or equipment.

          3) The modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in a flood plain zone to an extent or amount of fifty (50) percent of more of its market value shall be undertaken only in full compliance with the provisions of this any other applicable ordinance.

Article IX: Performance Standards

The provisions of this Ordinance shall be subject to such exceptions, additions, or modifications as herein provided by the following performance standards:

Section 900     Accessory buildings and Structures.

     a) No accessory building or structure shall project nearer to the street on which the principal building fronts than such principal building.

     b) Where such side or rear yard is along an alley, the accessory building, or structure shall be located not less than five feet from the alley right-of-way.

     c) Where such side or rear yard is adjacent to another lot, the accessory building or structure shall be located not less than three feet from any lot line, including the building roof overhangs. Accessory buildings and structures associated with non-residential uses shall be located a minimum of ten feet from side and rear lot lines.

     d) When an accessory building or structure is erected within the side or rear yard adjacent to a side street on a corner lot, the accessory building or structure shall not be less than the required front building setback from the right of way line.

     e) An accessory building or structure shall not exceed the gross floor area of the principal building.

     f) Accessory buildings or structures shall be limited to a height of fifteen feet.

     g) Any and all chimneys erected within the borough shall be no less than two (2) feet higher than any structure located within seventy five (75) feet thereof.

     h) Because of the deleterious effect of outdoor wood burning stoves and other devices, the same shall be prohibited in all areas of the borough hereafter and further within two (2) years from the date of adoption of this Ordinance all existing wood burning stoves shall have chimneys that are no less than two (2) feet higher than the building that they serve or be removed from service permanently. Additionally, should any outdoor wood burning stoves become inoperable after the date of the ordinance they may not be replaced.

Section 901     Temporary Structures for Dwelling Purposes.

No tent, cabin, mobile home, garage, basement, or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time exceeding fourteen days unless approval for temporary use is granted by the Borough Council.

Section 902     Water Supply and Sewerage Facilities Required.

In the interest of protecting the public health, safety, and welfare, every premise, used in whole or in part for dwelling, commercial, or recreational business or industrial purposes, shall be provided with both a safe and sanitary water supply, a minimum of one bathroom per premise, and a safe and sanitary means of collection and disposal of commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Environmental Protection.

Section 903     Exceptions.

     a) Height Exceptions:

          The height limitations of this Ordinance shall not apply to church spires, silos, belfries, cupolas, and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, and similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve and then only in accordance with any other government regulations.

     b) Front-yard Exception

          Where at least two adjacent buildings within one hundred feet of a property are setback a lesser distance than that required or permitted, the average of the lesser distances becomes the required front setback for the property.

     c) Zero Lot Line

          In the Downtown Commercial and General Highway Commercial Districts no side yard shall be required between two or more commercial uses that adjoin side to side, when the two buildings are proposed to be attached to each other. Where zero lot line development is proposed, the property line shall act as a dividing wall between the two buildings and shall be constructed to National Fire Protection and or applicable building codes standards. A written agreement shall be signed by both property owners recognizing the zero lot line development and such agreement shall be recorded in the Juniata County Recorders’ Office prior to issuance of a zoning permit, or recordation of a land development plan.

Section 904     Corner Lots.

     a) At all street and alley intersections in all Districts, no obstructions to vision exceeding 30 inches in height above the edge of the street shall be erected or maintained on any lot within the triangle formed by the centerline of the roadways and a line drawn between points along such centerlines lines 75 feet distant from their point of intersection.

     b) On a corner lot, front yards are required on all street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.

Section 905     Through Lots.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

Section 906     Driveways.

All driveways shall be located and constructed in accordance with the requirements of The Pennsylvania Department of Transportation for state roadways.

Section 907     Prohibited Uses in All Districts.

     a) Amusement parks and circuses and similar activities, except for a temporary period not to exceed ten (10) days.

     b) Dump or waste disposal site, except a waste disposal site duly licensed as a refuse site by the Pennsylvania Department of Environmental Protection.

     c) Because of the deleterious effect of outdoor wood burning stoves and other devices the same shall be prohibited in all areas of the borough hereafter, and further within two (2) years from the date of adoption of this Ordinance all existing wood burning stoves shall have chimneys that are no less than two (2) feet higher than the building that they serve or be removed from service  permanently. Additionally, should any outdoor wood burning stoves become inoperable after the date of the ordinance they may not be replaced.

Section 908     Fences and Walls.

     a) Fences and walls (including retaining walls may be erected, altered, and maintained within all yards.

     b) No wall, fence, sign, or other structure shall be erected or altered and no hedge, trees, shrubs, or other growth shall be maintained or permitted which may cause danger to traffic or a street or public road by obscuring the minimum required sight distance.

     c) No fence, wall, or other structure shall be erected or maintained within the right-of-way of any street or drainage easement. If a fence is erected in such a right-of-way or easement and needs to be removed for maintenance or repair by the Borough, the owner shall have sole responsibility for the replacement of the fence.

          1) Any fence or wall in the front yard shall not exceed three and one half feet in height.

          2) Any fence or wall in the side yard or rear yard may be six feet or more in height, provided that any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the fence or wall exceeding six feet.

Section 909     Landscaping and Screening.

     a) Landscaping

          Any part or portion of a site which is not used for buildings or other structures, loading, and parking spaces and aisles, sidewalks, and designated storage areas shall be planted and maintained with landscaping.

     b) Planting Strip

          All commercial, industrial, and nonresidential uses, excluding No Impact Home Based Businesses, shall be separated from all side and rear property lines and all street right-of-way lines by a planting strip having a minimum width of ten (10) feet measured from the property line or right-of-way line. The planting strip may be included in the required yard space.

               1) Said planting strip shall be planted in a combination of grass, shrubbery, trees, or other plant material to form a visual buffer between uses, but in no case shall these areas be paved or covered by an impervious surface.

               2) Said planting strip shall only be approved driveway entrances or exits.

     c) Screening

          Screening requirements shall be applicable under the following circumstances:

               1) Where a proposed commercial, industrial, or institutional use abuts an existing residential use or residential district.

               2) Where any proposed multi-family residential use abuts existing single-family detached, single-family semi-detached, two-family detached or two-family semi-detached dwelling.

               3) Any other instances where screening is required by this Ordinance or by the Borough.

Section 910     Private Outdoor Swimming Pools.

Every private outdoor swimming pool must conform to all applicable requirements of state law and in addition, the installation, or construction of a private outdoor swimming pool with a surface area of one hundred fifty (150) square feet or more or a depth in excess of two (2) feet must comply with the following requirements:

     a) The pool shall be completely surrounded by a fence or wall not less than four (4) feet nor greater than eight (8) feet in height and be constructed as not to have opening, holes, or gaps that a sphere with a diameter of four inches cannot pass through, except for doors and gates. All gates or doors opening through said fence or wall shall be erected, maintained, and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if the top of the pool wall is more than three and one-half feet (3’-6”) above the finish grade level, then a fence is not required, provided that all points of access to said pool are adequately protected, and any access ladder shall be fold-up type or removable.

     b) Pools and pumps can be installed in the rear yard building setback, but not in the front yard, or the side yard building setback.

     c) Except as provided for in d) below, pools, and pumps may encroach on the required rear yard setback to a point not less than ten (10) feet from the property line. This shall apply to both in-ground and above-ground pools.

     d) Appurtenances, if at or below ground level, may extend to the rear property line or right-of-way line. Diving boards may encroach into the required rear yard setback to a point of not less than five (5) feet from the property line.

     e) All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

     f) No overhead utility lines shall be carried across any swimming pool or wading area.

Section 911     Illumination.

The following standards shall apply to all exterior light fixtures within the Borough, except street lighting and associated traffic devices provided by a public utility or governmental entity within a public right-of-way.

     a) The light from any luminary shall be directed downward and shaded, shielded or directed to prevent direct light from being cast and beyond an angle of 35 degrees from a downward vertical axis, and to prevent glare or other objectionable problems to surrounding areas. Unshielded lamps, bulbs, and tubes, are not permitted, except for residential base-mounted lamps and driveway post lamps utilizing 60 watt or lesser wattage light bulbs (specifically not including spotlight or floodlights).

     b) Lighting shall be designed so that the illumination does not exceed one-tenth (0.10) footcandles beyond the property line from which the lighting originates.

     c) Except for public street lights and traffic lights, freestanding lighting fixtures shall not exceed thirty (30) feet in height. Security or floodlighting may exceed this height requirement when attached to a building provided that such lighting shall be arranged and installed to deflect and focus lights away from adjacent properties.

     d) No luminaries shall have any blinking, flashing or fluttering lights, or other illuminating device that has a changing light intensity, brightness or color, nor will any beacon lights be permitted, except for temporary holiday lighting.

     e) Neither the direct or reflected light from any luminary shall create a disabling glare causing traffic hazards to motor vehicle operators or public thoroughfares.

     f) Parking areas shall be lighted using support poles; lighting standards and luminaries, or building mounted lights. The fixtures shall be located within or adjacent to parking areas, in raised traffic islands, parking bay separators, adjacent landscape areas, or on the exterior side and rear wall of buildings. Poles, standards, or luminaries shall be located so as not to be damaged by automobiles being parked (front overhang – minimum 39 inches; rear overhang – minimum 60 inches).

     g) Levels of lighting in pedestrian and vehicular use areas should adhere to the following standards:

Type of DevelopmentMinimum Average Foot-Candle Level
Pedestrian Walkways and Sidewalks0.2-0.4
Residential Streets0.4-0.6
Multi-Family Developments0.6-0.8
Signs required to be Illuminated0.6-1.2
Recreational/Institutional Activity1.0-1.2
Industrial/Office Campus Areas and Parking Lots0.5-1.0
Commercial Areas and Parking Lots0.5-1.0

     h) Where possible, short post lighting should be incorporated to reduce glare. Any divergence from the above quantities shall still remain within the limits of the Standards of the (I.E.S.).

Section 912     Storm Water Management and Drainage.

Storm water management and drainage facilities shall be located and constructed in accordance with the requirements of the Juniata County Subdivision and Land Development Ordinance.

Section 913     Outdoor Storage.

     a) No storage shall be permitted within the front yard of any lot.

     b) Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building, and shall not exceed ten (10) feet in residential districts and twenty (20) feet in height in other districts.

     c) No flammable or explosive liquids, solids, or gases shall be stored in bulk (in quantity greater than 275 gallons) above ground, except for tanks of fuel (1) directly connected to energy or heating devices or (2) used in conjunction with active agricultural, commercial, or construction activities. A list of such liquids, solids, or gases stored on site shall be supplied to the appropriate fire companies serving the Borough.

     d) No structure or land shall be used or developed, and no structure shall be located, extended, converted, or structurally altered unless the application takes all reasonable measures to minimize the impacts of the above ground and underground storage of heating oil, gasoline, diesel fuel, chemical solutions, or other substances which, if released, would constitute pollutants to surface water or groundwater.

Section 914     Noise.

     a) For all preliminary subdivision plans, and land development plans, and all uses and activities, unless elsewhere regulated, the sound-pressure level for shall not exceed the decibel limits in the octave bands designated in the following table and shall comply with the following standards:

          Permitted decibel levels: At no point at or beyond the property line shall the measured sound level exceed the maximum permitted sound levels designated in the table below:

Maximum Permitted Sound Level in Decibels along the Property Line
Octave Band Cycles Per SecondResidence DistrictsNonresidential Districts
0 to 756773
75 to 1506268
150 to 3005864
300 to 6005460
600 to 1,2004955
1,200 to 2,4004551
2,400 to 4,8004147
Over 4,8003743

     b) Measurement. Sound levels shall be measured with a sound-level meter and associated octave band filter manufactured in accordance with the American National Standards Institute (ANSI). Noises capable of being measured shall be those noises that cause rapid fluctuations of the sound-level meter with a variation of no more than plus or minus two decibels. Noises incapable of being measured, such as those of irregular and/or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

     c) Exemptions. The following activities or sources are exempt from these noise standards:

          1) Aircraft operations;

          2) Construction or routine maintenance of public service utilities;

          3) Church bells or chimes;

          4) The emission of sound for the purpose of altering persons of an emergency, or the emission of sound in the performance of emergency work;

          5) Occasionally used safety signals, warning devices, and emergency pressure relief values;

          6) Activities covered by the following: stationary signaling devices, domestic power tools, air-conditioning and air-handling equipment for residential purpose, operating motor vehicles, and refuse collection vehicles; and

          7) The unamplified human voice.

Section 915     Satellite Dish Antenna.

Any accessory structure capable of receiving, for the sole benefit of the principal use, radio, or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:

     a) Such devices shall not be placed within any required setback area.

     b) Satellite dish antenna must be located in a side or rear yard only.

     c) No ground-mounted dish antenna on any residential lot can exceed an overall diameter of twelve (12) feet or an overall height of fifteen (15) feet.

     d) Only one antenna is permitted per building lot.

     e) Satellite dish antennas less than twenty-four (24”) in diameter are exempt from these provisions.

Section 916     Minimum Habitable Floor Area.

All dwelling units must conform to the minimum habitable floor area as follows:

     a) Single-Family Detached Structures: Six Hundred (600) square feet per dwelling unit.

     b) Structures with two (2) or more dwelling units: In the case of structures containing dwelling units with one (1) bedroom, the minimum habitable floor area shall be four hundred (400) square feet. In the case of structures containing dwelling units with more than one (1) bedroom, the minimum habitable floor area of such dwelling unit shall be increased by not less than one hundred (100) square feet for each additional bedroom.

     c) No more than two (2) occupants and generally having one (1) but not more than two (2) rooms, shall have a floor area not less than three hundred (300) square feet, which includes an enclosed area for a water closet, lavatory, and a bathtub or shower. Also, the apartment must provide a cooking unit, baking unit, sink, refrigerator, storage cupboards with shelving for utensils, and closets for food and clothing. An additional one hundred (100) square feet of floor area is required for each occupant over two living in an efficiency apartment.

     d) Upon implementation of the Uniform Construction Code, minimum habitable floor area shall be governed by the uniform Construction Code.

Section 917     Occupancy Permit and Inspection.

Any owner of a dwelling unit, apartment, or apartment conversion, for which rent is charged for any use thereof or which is being used by any non-owner thereof shall hereafter be required to obtain an occupancy permit on an annual basis commencing on January 1 of the year immediately following the adoption of this Ordinance on forms to be provided by the Borough Council of Port Royal. The annual cost of the occupancy permit shall initially be $50.00 per unit per year payable in advance and future changes in the charges imposed hereunder shall be made by resolution of the Borough Council of Port Royal.

Any owner of a dwelling unit, apartment, or apartment conversion, for which rent is charged for any use thereof or which is being used by any non-owner thereof shall hereafter be required to notify Port Royal Borough of the names and addresses of all tenants and/or occupants within thirty (30) days of said tenants or occupants use of said unit. Failure to comply with the notice provision shall be considered a violation of this section of the Ordinance and shall subject the landlord to a fine of $100.00 per day for each day after the thirty (30) days above that said landlord fails to provide the information required hereby.

In addition, any and all habitable portions of all dwelling units, apartments, or apartment conversions in the Borough of Port Royal shall be inspected by a duly designated agent of Port Royal Borough at least every three years after the date of adoption of this Ordinance so as to determine and verify the existence of smoke detectors; appropriate avenues of access and egress by both occupants and fire and medical personnel; and the unsafe accumulation of combustible material. The charge for each inspection shall be $50.00 per dwelling unit inspected. In addition, any unsafe conditions reported by the duly designated agent to the Borough Council must be addressed by the owner within thirty (30) days of written notice of the condition being given to the land owner, and failure to rectify the condition within said thirty (30) day period shall result in a fine of $100.00 per day being imposed upon the land owner for each and every day thereafter that the violation or condition is permitted to exist. In addition the land owner shall be responsible for any and all attorney’s fees and other costs incurred by the borough in the enforcement of this provision.

Any owner of a dwelling unit, apartment, or apartment conversion for which rent is charged for any use thereof or which is being used by any non-owner thereof shall hereafter be required to permit the aforesaid inspection upon receiving written notice from the Borough demanding the same, and should any such owner fail to provide access to the premises for this purpose within thirty (30) days of delivery of the written notice aforesaid said landowner shall be subject to a fine of $100.00 per day of each and every day after said thirty (30) day period that he continues to fail to make the property available for the inspection. In addition, said landowner shall be responsible for any and all attorney’s fees and other costs incurred by the Borough in the enforcement of this provision.

Port Royal Borough expressly states that its limited inspections above are designed solely to ensure or establish the safety or adequacy of any structure or component thereof, and all occupants, owners, or users thereof are put on notice that they shall not rely upon the limited inspections for these purposes in any way, shape, or form.

Port Royal Borough by its limited inspections is making no representation concerning the safety and/or adequacy of any structure’s electric, heating, or any other component thereof.

Section 918     Demolition.

Demolition of any structure must be completed within three (3) months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed as required in the previous sentence. All evidences of the structure that was demolished must be removed from the exterior surfaces of the remaining building.

Section 919     Division of Built On Lots.

No lot may be formed from part of a lot occupied by a building unless each newly-created lot will meet all the applicable provisions of this Ordinance.

Section 920     Lots of Record.

On a lot held in single and separate ownership on the effective date of this Ordinance or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered, and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein for the zone in which the lot is located.

Section 921     Status of Subdivision or Land Development Plan.

From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in the Juniata County subdivision and Land Development Ordinance, and while such application is pending approval or disapproval, no enactment or amendment of the Zoning Ordinance as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the application shall be entitled to final approval in accordance with the terms or the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in the Zoning Ordinance.

When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five (5) years from such approval. Where final approval is preceded by preliminary approval, the five (5) year period shall be counted from the date of the preliminary approval.

Article X: Supplemental Use Standards

Section 1000     Requirement of Specific Standards.

It is the intent of this Article to provide special controls and regulations for particular uses that may be permitted by right within the various zoning districts established in this Ordinance. Where applicable, the following sets forth standards that shall be applied to each individual use. These standards must be satisfied prior to approval of any development application and/or issuance of a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the selected use specify different standards; in such cases, the supplemental use standards shall apply.

Section 1001     Business Conversion.

     a) Permitted Uses. Conversion of an existing residential structure to a non-residential use or an existing non-residential use to another non-residential use. The conversion can be a total conversion from residential use or a conversion of a portion of the premises, with the retention of one or more dwelling units. (As in the case of a first-floor retail or office use with apartment(s) on the second and higher floors.)

     b) Area and Bulk Regulations. All area and bulk regulations of the prevailing zoning district shall apply.

     c) Parking Requirements. Off-street parking spaces shall be provided on said lot for each distinct use located on it, in accordance with Article X.

Section 1002     Cemeteries.

     a) All burial plots or facilities shall be located at least 10 feet from all property or street lines.

     b) No burial plots or facilities are permitted in flood plain.

     c) Buffers and screens shall be provided as necessary to adequately protect neighboring properties.

     d) Pet cemeteries must meet all of the above applicable requirements.

     e) No cemeteries shall be located in Port Royal Borough.

Section 1003     Commercial Day Care Center.

     a) An outdoor play area shall be provided, at a rate of one hundred (100) square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be setback twenty five (25) feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence, and screened from adjoining residentially occupied or residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a non-harmful type (not poisonous, thorny, allergenic, etc.);

     b) Passenger “drop-off” and “pick-up” areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

     c) One off-street parking space shall be provided for each six (6) students enrolled; and

     d) All commercial day care centers shall furnish a valid Registration Certificate for the proposed use, issued by the PA Department of Public Welfare.

Section 1004     Conversion Apartments.

     a) Permitted Uses

         Conversion of an existing single family detached dwelling to provide one or more additional dwelling units.

     b) Supplemental Regulations

1) Each Apartment  shall be provided with off-street parking in accordance with Article X.

2) Each Apartment shall be provided with complete kitchen and bathroom facilities.

3) There shall be no evidence of change in the building.

4) Fire escapes shall be provided for each unit and shall be located at the rear or an exterior side of the building.

Section 1005     Family Day Care Home.

     a) All family day care homes shall be conducted within a detached single-family dwelling.

     b) All family day care homes with enrollment of more than three (3) minors shall furnish a valid Registration Certificate for the proposed use, issued by the PA Department of Public  welfare.

     c) Passenger “drop-off” and “pick-up” areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

Section 1006     Heavy Storage Service.

     a) The area shall be enclosed by a wall or fence, screened from view of adjoining properties whenever outdoor storage is required.

     b) Satisfactory provision shall be made to minimize harmful unpleasant effects (noise, odors, fumes, glare, vibration, and smoke).

     c) No known or suspected toxic or hazardous materials may be stored on any property.

     d) A buffer yard 25 feet wide must be located on the site in all instances where the site adjoins a residential use or zone. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading, or storage.

Section 1007     Commercial and Indoor Recreational Establishment.

     a) All activities shall take place within a wholly enclosed building.

     b) Required parking shall be based upon the requirements of Article X this Ordinance. When deemed necessary, the Borough may require unimproved grassed overflow parking area for peak period use, located, and designed in a manner which prohibits vehicles from crossing adjoining properties and directly accessing adjoining roads.

     c) All entrances to the commercial recreation facility shall be designed so that vehicle back-up on abutting roads does not occur.

     d) The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.

     e) A working plan for the clean up of litter shall be furnished and implemented by the applicant.

Section 1008     Kennel and Animal Hospital.

     a) All buildings, animal runs, fenced enclosures and similar structures shall be located at least thirty (30) feet from all property and street lines.

     b) All animals must be housed within a structure.

     c) The facility shall be properly licensed by the Pennsylvania Department of Agriculture. A copy of applicable licenses and inspection reports shall be forwarded to the Borough.

Section 1009     Laundry and Dry Cleaning Establishment.

Satisfactory evidence must be presented to show that adequate disposal of toxic materials will be provided in a manner that will not be a public health hazard or a public nuisance.

Section 1010     Mini-warehouse.

     a) Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty-six (26) feet wide when cubicles open onto one side of the lane only and at least thirty (30) feet wide when cubicles open onto both sides of the lane.

     b) Required parking spaces may not be rented as, or used for, vehicular storage or the storage of partially dismantled, wrecked, or inoperable vehicles. However, additional external storage area may be provided for the storage of privately-owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially occupied or residentially-zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles;

     c) All storage materials shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive, or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above;

     d) Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, pain, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited;

     e) No door openings for any mini-warehouse storage unit shall be constructed facing any residentially occupied or residentially-zoned property;

     f) Mini-warehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site:

          1) Auctions, commercial wholesale, or retail sales, or garage sales;

          2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

          3) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and

          4) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

          5) The applicant shall adequately demonstrate that all mini-warehouses rental and/or use contracts shall specifically prohibit these uses.

Section 1011     Mixed Uses.

When two (2) or more principal uses occupy the same building on the same lot, all parking, lot area, and building area requirements pertaining to each use shall be met in full.

Section 1012     Multiple Dwelling Structures.

     a) Permitted Uses

          1) Apartment Dwellings;

          2) Row or Attached Dwellings; and

          3) Townhouse Dwellings.

     b) In the case of a multi-dwelling or group of townhouses where individual dwelling units are located on a single lot and share with other units a common yard area (e.g., garden apartments, rental townhouses), the following requirements shall apply:

          1) Density – the maximum density shall be eight (8) dwelling units per acre of lot area.

          2) Public sewer and public water shall be utilized.

          3) Distance between buildings – where two or more multi-family dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.

          4) All parking areas shall be located at least ten (10) feet from any property line or street line.

          5) Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, planting, and open spaces.

     c) In the case of a townhouse (single family attached dwelling) development where individual dwelling units are located on separate lots, the following requirements shall apply:

          1) There shall not be more than six (6) dwelling units in any one row.

          2) Public sewer and public water shall be utilized.

          3) Density – the maximum density shall be twelve (12) dwelling units per acre for the tract.

Section 1013     No Impact Home Based Business.

     a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

     b) The business shall employ no employees other than family members residing in the dwelling.

     c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

     d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

     e) The business activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

     f) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

     g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

     h) The business may not involve any illegal activity.

Section 1014     Places of Worship.

     a) Permitted Uses

          1) Places of worship include churches, synagogues, temples, chapels, and similar uses as determined by the Zoning Officer.

          2) Recreation buildings when accessory to worship activity.

          3) Parish house, manor, convent, and similar uses as determined by the Zoning Officer.

     b) Area and Bulk Regulations. The following area and bulk regulations shall apply:

          1) The minimum lot area shall be in accordance with the prevailing zoning district.

          2) The following building setbacks shall apply:

               i. Front – Twenty-five (25) feet.

               ii. Side – Twenty (20) feet.

               iii. Rear – Twenty-five (25) feet.

Section 1015     Private Day Care Center or Nursery School.

     a) The use shall meet all requirements for certification by the State of Pennsylvania where required.

     b) Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances.

     c) At least one parking space for each person employed plus one space for every 2 children to be served by the facility shall be provided.

Section 1016     Public Utility Building.

     a) Unhoused equipment shall be enclosed within a fence or wall not less than six feet in height that shall be so constructed as not to have openings, holes, or gaps larger than six inches in any dimension.

     b) Housed equipment – When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the zone in which the building is located.

Section 1017     Certain landlords required to designate authorized agents.

Any Landlord owning or managing property within Port Royal Borough, Juniata County, Pennsylvania, after the date hereof which is occupied by or in which any tenant(s) may reside shall be required to provide to Port Royal Borough annually in writing the name, address, any and telephone number of an agent authorized by said Landlord to address any and all conditions, claims, or disputes concerning said property that may arise during any tenancy. This provision shall only apply to those Landlords who reside or maintain their principal office more than twenty (20) miles from the intersection of Fourth and Market Streets in Port Royal borough, Juniata County, Pennsylvania. Failure to provide this written designation on or before February 1st of each year hereafter shall be considered a violation of this Ordinance and subject to the penalties provided for herein.

Article XI: Off Street Parking Standards

Section 1100     Parking.

     a) Size of Parking Space: The minimum parking space shall be ten feet in width by twenty feet in depth (10’ x 20’).

     b) Aisle Width: Minimum aisle width shall be twenty-four (24) feet wide for two way traffic, and eighteen (18) feet wide for one way traffic.

     c) Spaces Required: Off-street parking spaces must be provided for each building erected or enlarged in accordance with the following schedule. When the computation to determine the number of required parking spaces results in a requirement of a fractional space, any fraction up to and including one-half (0.5) shall be disregarded, and fractions over one-half (0.5) shall equal one (1) space.

Type of UseMinimum Number of Parking Spaces
Parking Requirements for Residential Uses—>
Single Family Detached and Semi-detached Residential Dwellings and Conversion ApartmentsTwo (2) parking spaces for each dwelling unit.
Multiple Dwelling StructuresThe total number of parking or garage spaces shall be not less than two (2) times the number of dwelling units in the building. A garage accessory to an apartment house shall provide only for the storage of vehicles of the owner, tenants, and employees.
Residential Group HomesMinimum of two (2) parking spaces, plus one for each employee on a maximum shift and one for each bedroom.
Parking Requirements for Commercial Uses—>
Beauty shops and barber shopsThree (3) parking spaces for each chair to be utilized in the business. If, however, the beauty shop or barber shop is legally part of a residence, two (2) spaces for each chair provided there are two (2) parking spaces for the residents.
Bowling AlleyAt least five (5) spaces per bowling lane.
Commercial KennelsOne (1) space per employee plus three (3) spaces for customer parking.
Commercial RecreationOne (1) space per five (5) seats or similar accommodation; or one (1) space per two (2) lockers or similar accommodation, whichever yields the larger parking requirement.
Dance Halls, Roller Rinks, Clubs, Lodges, and Other Similar PlacesAt least one (1) parking space for each one hundred (100) square feet of floor area.
Department/Variety StoresNot less than one (1) parking space per every two hundred (200) square feet of Gross Leaseable Area, or fraction thereof.
Drive-through Restaurants or similar establishmentsAt least (2) spaces for each fifty (50) square feet of building area.
Food Stores and PharmaciesAt least one (1) space for every one hundred (100) square feet of sales area.
Funeral Homes, Mortuaries, and Undertaking EstablishmentsAt least one (1) parking space for each three (3) seats for public use. Such space shall be in addition to employee parking needs, and service area for mobile equipment such as hearses and ambulances.
Home BusinessesOne (1) space per non-resident employee plus two (2) spaces for customer parking.
No Impact Home Business
See “Single Family Detached and Semi-detached Residential Dwellings and Conversion Apartments”.
Hotels, Motels, and Bed and Breakfast InnsAt least one (1) parking space for each guest room, plus one additional space for every two (2) full-time employees. If a restaurant in connection with the above is open to the public, the off-street parking facilities shall be not less than those required for restaurants, in addition to those required for guest rooms.
Medical, Dental, and Veterinary Offices and ClinicsAt least four (4) parking spaces per practitioner.
Office BuildingOne (1) space per sq. ft. of gross floor area.
Open Areas Used For Commercial PurposeAt least one (1) parking space for each one thousand five hundred (1,500) square feet of area, or fraction thereof.
Personal service establishmentsOne (1) space for each one hundred (100) square feet of floor space or fraction thereof devoted to such use plus one (1) space per employee.
Restaurants, Taverns, and BarsAt least one (1) parking space for each four (4) customer seats, plus one (1) additional space for every two (2) full-time employees.
Retail StoresAt least one (1) parking space for each two hundred (200) square feet of gross floor area, exclusive of areas not used for sale or display of merchandise.
Self-Service LaundriesOne space per every 1.5 washing machines.
Vehicle Sales and Service or Vehicle Body Shops and Repair GaragesAt least two (2) parking spaces for each two hundred (200) square feet of floor area devoted to sales, repairs, or service facilities, in addition to display and storage spaces.
Vehicle Service StationsAt least one (1) parking space for every three (3) service bays plus every two (2) fuel pumps, or fraction thereof. In no case shall the spaces for permitted motor vehicles be less than five (5).
Vehicle WashesNo less than four (4) spaces per wash lane.
All other commercial usesAs determined by the American Planning Association’s most recent recognized parking standards for the proposed use.
Parking Requirements for Industrial Uses—>
Trucking TerminalsAt least one (1) parking space for each employee on the largest shift, plus one space for each loading area. Loading areas cannot be counted as a required space.
Manufacturing, Printing or Publishing, and other Industrial EstablishmentsAt least one (1) parking space for each employee on the largest shift, or each five thousand (5,000) square feet of gross floor area, whichever is greater.
Wholesale Sales, Storage, or DistributionAt least one (1) space for each employee on the 2 largest shifts, or each five thousand (5,000) square feet of gross floor area, whichever is greater.
Parking Requirements for Public and Quasi-Public Uses—>
Auditorium, Church, Theater, and Other such places of Public AssemblyOne (1) space per 4 seats.
Clubs, Lodges, and Other similar placesOne (1) space per sq. ft. of gross floor area.
Day Care Centers and Nursery SchoolsOne (1) space per employee plus three (3) spaces.
Elementary SchoolTwo and one half (2.5) spaces for each classroom plus one (1) space for each five (5) seats in any auditorium or other place of public assembly.
Hospitals, Nursing, or Convalescent HomesParking space shall be provided for visitors at the rate of at least one (1) parking space for each three (3) accommodations (beds) for patients,, plus (1) space for each employee on largest shift.
Miniature Golf CoursesAt least two (2) parking spaces per hole.
Secondary Schools and Similar Educational EstablishmentsFour (4) spaces for each classroom plus one (1) space for each five (5) seats in any auditorium or other place of public assembly.
Swimming PoolsWhere a swimming pool is the principal use at least one (1) parking space for each four (4) persons based upon the designed capacity of the pool.
All Other USesFor other uses that do not fit into one of the above categories, determination of the required number of off-street parking spaces shall be determined by the American Planning Association’s most recent recognized parking standards for the proposed use.

     d) Location: The parking area must be on the same or nearby premises. If on nearby premises —

          1) The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.

          2) The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.

     e) Layout: Parking areas must be arranged so there will be no need for motorists to back over:

          1) Local streets, except in the case of residential uses.

          2) Major thoroughfares.

     f) Parking Area Adjacent to Street: For multi-family and nonresidential uses where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Borough must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way.

     g) Paving: For commercial, industrial, and multi-family residential uses, all required parking areas and driveways must be paved with concrete or bituminous paving material.

     h) Areas Computed as Parking Spaces: Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a single-family or two-family residence may count as one parking space.

     i) Large Parking Areas: Parking areas of one-half (½) acre or more shall have at least five (5) percent of the total area devoted to landscaping within the interior of the parking area.

     j) Joint Facilities: Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.

     k) Combined Spaces: When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use.

     Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Zoning Hearing Officer may reduce the total parking spaces required for that use with the least requirement.

     l) Multiple Uses in Single Structure: When two or more uses that require off-street parking spaces are located in a single structure, the separate parking requirements for each use shall be applied.

     m) Location and Ownership: Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided all spaces therein are located within reasonable walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the District in which the parking spaces are located; and in no event shall such parking spaces be located in any Residential District unless the use to which the spaces are accessory are permitted in such Residential Districts or upon approval by the Zoning Officer. Satisfactory arrangements shall be made to maintain the required number of spaces available either (a) throughout the existence of such use to which they are accessory, or (b) until such spaces are provided elsewhere.

     n) On Lots Divided by District Boundaries: When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any Residential District, unless the use to which they are accessory is permitted in such district, or upon approval of the Zoning Officer.

     o) Handicapped Parking: Handicapped accessible parking shall be provided in accordance with the requirements of the Americans with Disabilities Act, as may be amended from time to time.

          1) Said spaces shall be most accessible and approximate to the building or buildings that the parking spaces shall serve.

          2) Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access.

          3) Each space shall be twelve (12) feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level, paved surface suitable for wheeling and walking. The depth of the space shall be twenty (20) feet.

          4) Parking spaces shall be provided in accordance with the following Table:

Total Parking Spaces in LotRequired Minimum Number of Accessible Spaces
1 to 251
26 to 502
51 to 753
76 to 1004
101 to 1505
151 to 2006
201 to 3007
301 to 4008
401 to 5009
501 to 1,0002 percent of total
1,001 and over20 plus 1 for each 100 over 1,000

          5) Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

          6) Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

     p) Exemptions to Off-Street Parking Requirements

          1) Where the occupancy of an apartment building is limited to a special group, such as the elderly or handicapped, not normally requiring off-street parking to the extent of other uses, such building shall be exempted from the parking space requirements of this section; provided, however, that in no instance shall less than one off-street space be provided for each four units in such building.

          2) When a use is expanded in size or when a use occurs requiring a greater number of off-street parking facilities than the existing use, the owner and/or occupant shall be required to provide only that number of additional off-street parking facilities required by the new use or expanded portion of the existing use; provided, however, no existing off-street parking facilities shall be eliminated unless all applicable off-street parking requirements are met.

Section 1101     Loading.

The Zoning Officer shall determine the need for loading spaces based on the availability of land area to accommodate the loading area, and impact the use has on the surrounding transportation network during delivery times.

     a) Size; Surfacing: The loading space must be not less than 12 feet wide and 50 feet long. It must be surfaced with a bituminous or concrete paving material.

     b) Spaces Required: Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:

Type of UseNumber of Loading Spaces
Manufacturing, storage, display, or sale of goods, hospitals, and sanitaria1 space for a gross floor area of 5,000 to 25,000 square feet and 1 additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet.
Offices, hotels, theaters, or similar uses1 space for a gross floor area of from 20,000 to 1000,000 square feet and 1 additional space for each 40,000 square feet of gross floor area in excess of 100,000 square feet.

     c) Layout: The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.

Article XII: Sign Regulations

Signs may be erected and maintained onlys when in compliance with the provisions of this Article.

Section 1200     General Standards.

     a) Sign Area, Height, and Setback: The following guidelines shall apply when interpreting area and height regulations in this Section:

          1) Area.

               i. The area of a sign shall be the area of the smallest geometric shape, such as a rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, logos, or other displays.

               ii. When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, background, and space between elements; it shall not include any supporting structure unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.

               iii. When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork, or other means used to differentiate the sign from the surface upon which it is placed.

               iv. When a single sign structure has more than one face and no two sign faces are more than 3’ apart at any point, the area shall be computed by determining the greatest total area of all sign faces visible from any single location.

     b) Height: The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.

          1) No sign shall be higher than the height limitation of the district in which it is located.

          2) Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall.

          3) Roof signs may extend no more than five (5) feet above the lowest point where they are attached to the building and may not extend above the highest point of the roof, except when a sign is located on a flat roof, the total height of the sign shall not extend higher than five (5) feet above the roof.

     c) Setback: Minimum sign setback shall be in accordance with the zoning district in which it is located.

     d) General Regulations: The following regulations shall apply to all signs in Port Royal Borough.

          1) All signs shall reflect the general character of the neighborhood.

          2) All signs shall be constructed  of durable materials and maintained in good condition.

          3) When a sign becomes unsafe, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that the sign must be made safe or removed immediately.

          4) The areas surrounding all signs shall be maintained in a neat, clean, and attractive condition.

          5) All signs shall be removed within 90 days if the purpose for which they were erected no longer exists.

          6) No temporary signs shall be permitted except as authorized elsewhere in this Section.

          7) No sign shall be located within a street right-of-way, except a government sign, a public utility sign, a non-profit organization sign, or another sign approved by the governing body or the Pennsylvania Department of Transportation. Non-profit organizational signs shall not be in conflict with existing or proposed traffic regulatory signs.

          8) No sign more than 30” high, other than a government sign or temporary traffic/pedestrian controls for construction operations, shall be located within 75’ clear sight triangle of any street intersection or in any other position where it could endanger vehicular or pedestrian traffic by obstructing vision.

          9) No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles. Nor shall any signs be painted, pasted, nailed, stapled, or otherwise attached to trees, fences, fire hydrants, or in any unauthorized manner to walls or other signs, except for “warning”, “no hunting”, “no trespassing” or similar signs.

          10) No sign shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of egress or ingress.

          11) No sign shall be placed so as to obstruct ventilation or light from a building.

          12) No overhead sign shall have a clearance of less than 8’ between any pedestrian walk and the lowest part of the sign.

          13) No sign that is parallel to and attached to the face of a building shall project more than 18” over a public sidewalk.

          14) No sign that is perpendicular to and attached to the face of a building shall project over a public sidewalk nor extend beyond any property line.

          15) No sign shall have lights or other illuminating devices that constitute a public safety or traffic hazard.

          16) No sign other than authorized governmental signs shall be permitted which imitates or which might be confused with an official traffic sign or signal, such as (1) by containing the words “Stop” or “Danger” or (2) by including red, green, or yellow lights.

          17) No sign shall advertise activities or products that are illegal under federal, state, or local municipal laws or regulations.

          18) No signs shall include statements, words, or pictures that are considered to be vulgar, obscene, or pornographic.

          19) Streamers, banners, pennants, spinners, reflectors, ribbons, tinsel, or similar materials are permitted in the Downtown Commercial and Commercial Highway zoning districts when used in conjunction with a commercial or industrial use.

          20) No animated, sequential, intermittent, flashing, rotating, or oscillating signs shall be permitted except for time and temperature signs.

          21) No sign shall emit smoke, visible vapors, particles, sound, or odor.

          22) No permanent inflatable sign shall be permitted. Inflatable signs are permitted as a temporary sign in accordance with the applicable regulations governing temporary signs.

          23) No open flames shall be permitted as part of a sign display.

          24) Advertising painted upon or displayed upon a barn or other structure shall be considered a sign and shall comply with the regulations of this Article.

          25) Any sign which has been authenticated as historically significant by the Pennsylvania Historical Museum Commission, whether original or replica shall be exempt from the regulations of this Section.

          26) Signs may be interior lighted with non-glaring lights; signs may be externally lighted by lights which are directed downward and shall be shielded so there is no direct light transmitted to other properties or public rights-of-way.

          27) The light from any illuminated sign shall not adversely affect (1) safe vision of operators of vehicles moving on public or private streets or parking areas, (2) any residential district, or (3) any part of a building or property used for residential purposes.

          28) No exposed neon tubing or strings of lights shall be permitted to outline buildings, structures, or parts thereof used for commercial, home occupations, home businesses or industrial use. Customary holiday decorations may be installed 45 days prior to and removed not later than 30 days after the holiday.

          29) All electrically illuminated signs shall be constructed to the standards/listing of the Underwriters Laboratories, Inc. and the latest edition of the National Electric Code.

          30) The display of property address numbers only is not considered a sign under this ordinance and as such is not regulated. If the sign includes other information in addition to the property address number, it shall be regulated under the appropriate sign section.

          31) Billboard signs are permitted in the General Highway Commercial District and shall not be greater than 300 square feet per sign face, and have a minimum separation distance of 1,500 feet between billboard signs.

          32) Maximum sign area in the R1 and R2 Districts shall be thirty-two (32) square feet.

Article XIII: Conditional Use Standards

Section 1300     Conditional Uses.

It is the intent of this Section to provide special controls and regulations for particular uses that may, under certain conditions, be conducted within the various Zoning Districts established in this Ordinance. These particular controls and requirements are additional to those imposed by the District Regulations and by the Supplementary Regulations of this Ordinance.

     a) Applicability, Limitations, Compliance.

          1. Applicability: The controls imposed by Article XII are applicable where cited specifically for a Conditional Use listed for this Ordinance.

          2. Limitations: Conditional Uses shall be permitted only where specifically cited in the District Regulations of this Ordinance.

          3. The applicant shall bear the burden of proof that the proposed use meets all requirements and objectives of this Ordinance.

          4. Compliance: Nothing in this Section shall relieve the owner or his agent, the developer, or the applicant for a Conditional Use Permit from obtaining Subdivision and/or Land Development Plan approval in accordance with the Juniata County Subdivision and Land Development Ordinance.

          5. Conditions and Safeguards of Conditional Use Permits: The Borough Council may require the conditional use permits be periodically renewed. Such renewal shall be granted upon a determination by the Borough Council to the effect that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

          6. Effect of Approval: Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the District in which such use is located provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.

          7. Fees and Other Costs: In addition to the filing fee and other costs requisite for Land Development Plan approval in accordance with the Juniata County Subdivision and Land Development Ordinance, the applicant shall pay the following costs:

               i) All costs related to any required public hearing, including but not limited to, advertising of the hearing, services of the Borough Engineer and/or Planner, public stenographer, transcripts of proceedings, and similar costs.

               ii) An applicant by filing for a conditional use shall then be obligated to pay all costs hereinabove provided. Payment of such costs shall be promptly submitted to the Borough by the applicant upon the submission of bills from time to time. Payment shall be by check or money order made payable to Port Royal Borough.

               iii) No building permit or other requisite permit shall be insured by the Zoning Officer until all such fees and costs have been paid in full by the applicant.

     b) General Procedures for Conditional Uses

          1) Application: Requests for a Conditional Use shall be submitted, together with all required fees, in a written application setting forth the grounds for the request in detail.

          A development plan of the total area to be included in the application, which shall be drawn to scale, shall accompany and be part of the Conditional Use Application and contain the following:

               i) The location, boundaries, dimensions, and ownership of the land.

               ii) In the case of commercial or industrial development, a general description of the activities to take place as may be appropriate such as maximum employment, working hours, customer traffic, delivery services, development schedule staging plan.

               iii) The location, use, and ground area, of such proposed building, and other structure.

               iv) The locations, dimensions, arrangements, and proposed use of all open spaces, yards, streets, access ways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrian ways and buffer yards.

               v) The capacity arrangement and controls for all areas to be used for automobile access, parking, loading, and unloading in sufficient detail to demonstrate that satisfactory arrangements will be made to facilitate traffic movement from the street or highway.

               vi) The character of the buffer area and screening devices to be maintained including the dimensions and arrangements of all areas devoted to planting, lawns, trees, or similar purposes.

               vii) A description of the proposed methods of control of development in sufficient detail to indicate the noise, glare, air pollution, water pollution, fire hazards, traffic congestion, and other safety hazards to be produced.

               viii) A description of the methods to be used for water supply treatment and disposal of sewage, wastes, refuse, and storm drainage.

               ix) The names and addresses of all adjoining property owners.

          2. Referral to Port Royal Borough Planning Commission: Applications for a Conditional Use shall be referred to the Port Royal Borough Planning Commission, if created in accordance with the requirements of the Pennsylvania Municipalities Planning Code, as amended, for comment. In their review the Planning Commission shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may recommend appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of This Ordinance and the accomplishment of the following objectives in particular.

               i) All proposed structures, equipment, or material shall be readily accessible for fire and police protection.

               ii) The proposed use shall be of such location, size, and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

               iii) In addition to the above, in the case of any use located in, or directly adjacent to, a Residential District:

                    a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said Residential District or conflict with the normal traffic of the neighborhood; and

                   b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

     c) Conditional Uses – Specific Procedures: Upon receipt of a Conditional Use Application the following procedure shall prevail.

          1) Planning Commission Review: The Borough Planning Commission shall review said application together with all supporting information and forward its written recommendations to the Borough Council. The Commission may recommend approval, disapproval, or modification. In the case of disapproval or modification the Commission shall set forth the reasons for the recommendation in writing.

          2) Borough Council Review: Within sixty (60) days from receipt of a Conditional Use Application, the Borough Council, after giving notice to the public shall hold a public hearing on the Conditional Use Application and render its decision forty-five (45) days from the date of the final public hearing. The Borough Council shall complete the hearing no later than 100 days after the completion of the application to the Court of Common Pleas. Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

          The Borough Council shall make its final decision based upon findings of fact as to the general factors and upon the specific factors for which a conditional use application is filed. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

          In allowing a Conditional Use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance and the Pennsylvania Municipalities Planning Code.

Section 1301     Specific Uses.

It is the intent of this Article to provide special controls and regulations for particular uses that are identified as conditional uses within the various zoning districts established in this Ordinance. Where applicable, the following sets forth standards that shall be applied to each individual use. These standards must be satisfied prior to approval of any conditional use application and/or issuance of a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

Section 1302     Adult Bookstores and Adult Theaters.

The Borough Council may approve Adult Bookstores and Adult Theaters in the Commercial Highway District according to the procedures and requirements specified below:

     a) Purpose: The purpose of this Section is to provide for the establishment of adult bookstores within the Borough at such places, and in such manner, as is appropriate and reasonable; and to establish reasonable regulations which take into consideration the potential for adverse impact from such businesses upon adjoining property owners, occupants and uses.

     b) Interpretation and Application: This Section shall be interpreted and applied in a manner consistent with the Constitution and shall not be applied to unduly restrict or infringe upon rights guaranteed thereby.

     c) Severability: The provisions of this Section shall be severable and in the event any one thereof shall be determined to be invalid or unenforceable such determination shall not operate to repeal or invalidate the remaining provisions.

     d) As used in this Ordinance, the following terms, word, and phrases shall have the meanings ascribed to them by this Section:

          1) Adult Bookstore: An establishment open to the general public in which five (5) percent or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct, or offers for sale of sexual devices.

          2) Adult Theater: A building or a room within a building open to the general public, used for presenting live entertainment, motion picture film, video tape, or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.

          3) Sexual Conduct: Ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, analingus or physical contact with a person’s nude or partially denuded genitals, public area, perineum, anal region, or, if such person be female, a breast.

          4) Sexual Device: Any artificial human penis, vagina or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum or anal area, including dildoes, penisators, vibrators, vibrillators, penis rings, and erection enlargement or prolonging creams, jellies, or other such chemicals or preparations.

          5) Sexually Explicit Nudity: The sexually oriented and explicit showing, by any means, including but not limited to, close-up views, poses, or depictions in such position or manner which present or expose such areas to the following: postpubertal, full or partially developed human female breast with less than a fully opaque covering of any portion thereof below the top of the areola or nipple; the depiction of covered human male genitals in a discernible turgid state; or lewd exhibition of the human genitals in a discernible turgid state; or lewd exhibition of the human genitals, pubic area, perineum, buttocks or anal region, with less than a fully opaque covering.

     e) The use and occupancy of any land, building, or structure as an adult bookstore or an adult theater shall be subject to the following:

          1) An adult bookstore or an adult theatre shall be permitted only in the GC – General Highway Commercial District.

          2) An adult bookstore or an adult theater shall not be permitted to be located within five hundred (500) feet of any of the following:

               i) Any other adult bookstore or adult theatre.

               ii) Any public or private school, public playground, or any church or other house of worship.

          3) No materials, merchandise, or film offered for sale, rent, lease, or loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.

          4) Any building or structure used and occupied as an adult book store or adult theater shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, live entertainment, or film shall be visible from outside of the building or structure.

AMENDMENTS

An Ordinance Amending Chapter 6; Chapter 24; Chapter 10 and Chapter 27 of the Code of Ordinances of Port Royal Borough, Juniata County, Pennsylvania

Section 1: Legislative Authority

This Ordinance is enacted pursuant to the authority given to the Borough Council of Port Royal Borough, Juniata County, Pennsylvania in Section 1006 of the Borough Code (53 P.S. Section 46006)

Section 2: Amendment to Sections 6-111 and Sections 6-113

It is ordained and enacted that upon adoption of this Ordinance the definition of MOTOR VEHICULAR RACES contained in Section 6-111 of the Code of Ordinances shall be as follows:

     MOTOR VEHICULAR RACES – all manner and form of races, including, but not limited to, motor cycle, big car, midget car, racing car, stock car, sport car, modified car, jalopy, hot rod, remote controlled car, airplane, or similar device and all other forms of racing whereby the vehicle is propelled by a motor, engine, or similar device.

It is ordained and enacted that upon adoption of this Ordinance that Section 6-113 of the Code of Ordinances of Port Royal Borough shall read as follows:

     CURFEW.

     No person and/or producer shall commence a motor vehicle race before 1:00 p.m. nor after 12:00 a.m. prevailing time within the Port Royal Borough limits. Any motor vehicular race to be conducted within the Borough of Port Royal on any Sunday shall be permitted only between the hours of 2:00 p.m. and 7:00 p.m. on Sunday. Motor vehicular races at any other time on Sundays is expressly prohibited.

ALL OTHER PROVISIONS OF SECTIONS 6-111; 6-112; AND SECTION 6-114 OF THE PRESENT CODE OF ORDINANCES ARE HEREBY RATIFIED, CONFIRMED, AND SHALL REMAIN IN FULL FORCE AND EFFECT.

Section 3: Amendment to Chapter 10 Part 1 of the Code of Ordinances

It is ordained and enacted that upon adoption of this Ordinance by Port Royal Borough there shall be added to Chapter 10 of the Ordinances Sections 10-103; 10-104; and 10-105 which shall read as follows:

Section 10-103: No person, firm, or corporation, owning or occupying any property within the Borough of Port Royal shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of 6 inches; nor shall any noxious weeds prohibited by the Noxious Weed Control Law (3 P.S. Section 255.8) or by regulations of the Department of Agriculture be permitted to grow within the Borough of Port Royal, including, but not limited to:

     A. Marijuana.

     B. Chicory, succory, or blue daisy.

     C. Canadian thistle.

     D. Multi-flora rose.

     E. Johnson grass.

     F. Musk thistle.

     G. Bull thistle.

     H. Jimsom weed.

     I. Mile-a-minute.

     J. Kudzuvine.

     K. Shatter-cane.

Any grass, weeds, or other vegetation growing upon any premises in the Borough of Port Royal in violation of any of the provisions of this Section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, and comfort of the inhabitants of the Port Royal Borough.

Section 10-104: Responsibility for Removing, Cutting, or Trimming.

The owner of any premises, or the occupant of any premises occupied by other than the owner shall remove, trim, or cut all grass, weeds, or other vegetation growing or remaining upon such premises in violation of the provisions of Section 10-103 herein.

Section 10-105: Notice to Remove, Trim, or Cut: MUNICIPALITY MAY DO WORK AND COLLECT  COSTS AND ADDITIONAL AMOUNT.

The Borough Council of Port Royal, or any officer or employee of the Borough Council of Port Royal designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds, or other vegetation is growing or remaining in violation of the provisions of Section 10-103 of the Code of Ordinances, directing, and requiring such occupant to remove, trim, or cut such grass, weeds, or vegetation so as to conform to requirements of this ordinance, within 14 days after issuance of such notice. Whenever, in the judgement of the Borough Codes Enforcement Officer it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Borough Council of Port Royal or any officer or employee of the Borough of Port Royal designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within 14 days. In case any person, firm, or corporation shall neglect, fail, or refuse to comply with such notice within the period of time stated therein, the Borough Council of Port Royal may order the removal, trimming, or cutting of such grass, weeds, or vegetation and the costs thereof, together with a penalty of 10% of the costs thereof shall be collected by the Borough Council of Port Royal from such person, firm, or corporation in the manner provided by law.

The provisions of Chapter 10-101 and Chapter 10-102 of the Code of Ordinances of the Borough of Port Royal are hereby ratified, confirmed, and extended hereby.

Section 10-106: Incorporation of Amendments into Code of Ordinances.

It is ordained and enacted that the Borough Secretary upon adoption of this Ordinance shall cause the above amended ordinances to be inserted in the Code of Ordinances in the Sections as identified herein above.

ENACTED AND ORDAINED THIS 8th day of March, 2010, by the Borough Council of Port Royal Borough, Juniata County, Pennsylvania.

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