CODIFIED ORDINANCES OF THE TOWN OF McCANDLESS PENNSYLVANIA

Transcription

1 CODIFIED ORDINANCES OF THE TOWN OF McCANDLESS PENNSYLVANIA Complete to December 31, 2017

2 2 CERTIFICATION I, Tobias M. Cordek, Town Manager and Secretary of the Town of McCandless, Pennsylvania, hereby certify that the general and permanent ordinances of the Town of McCandless, Pennsylvania, as revised, rearranged, compiled, renumbered and printed herein constitute the Codified Ordinances of the Town of McCandless, Pennsylvania, 1976, as amended to December 31, /s/ Tobias M. Cordek Town Manager Codified, edited and prepared for publication by THE WALTER H. DRANE COMPANY Cleveland, Ohio Copyright, 1976, by The Walter H. Drane Company

3 3 TOWN OF McCANDLESS (2017) COUNCIL Kimberly K. Zachary Ward 1 (Council President) Bill Kirk Ward 2 Steven E. Mertz Ward 3 Joan D. Powers Ward 4 Gregory W. Walkauskas Ward 5 (Vice President) Carolyn L. Schweiger Ward 6 William J. McKim Ward 7 (Assistant Secretary) OFFICIALS Tobias M. Cordek Regis J. Ebner, Jr. Gavin A. Robb Town Manager/Secretary Assistant Town Manager/ Assistant Secretary Town Attorney

4 4 The publisher expresses his appreciation to EARL H. JOURDAN Town Manager JAMES W. DUNN, JR. Town Attorney and all other Town officials who gave their time and able assistance to the preparation of this 1976 codification.

5 5 OFFICIAL TOWN OF McCANDLESS ORDINANCE NO. 704 AN ORDINANCE OF THE TOWN OF McCANDLESS, ALLEGHENY COUNTY, PENNSYLVANIA, ADOPTING THE TOWN CODIFIED ORDINANCES. WHEREAS, the Town Council of The Town of McCandless, Pennsylvania, has had the matter of consolidation and codification of the ordinances before it for some time; and WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification; and WHEREAS, the consolidation and codification of such ordinances is now ready for adoption; BE IT ENACTED AND ORDAINED by the Town Council of the Town of McCandless, Allegheny County, Pennsylvania, and it is hereby enacted and ordained by authority of the same: ADOPTION; COMPONENT CODES; FILE COPY. (a) The ordinances of The Town of McCandless, Allegheny County, Pennsylvania, of a general and permanent nature, as recompiled, revised, codified and renumbered in the component units listed in subsection (b) are hereby approved, ordained and enacted as the Codified Ordinances of The Town of McCandless, (b) The Codified Ordinances of The Town of McCandless, 1976, shall consist of the following codes or parts: Part One - Administrative Part Three - Business Regulation and Taxation Code Part Five- Traffic Code Part Seven - General Offenses Code Part Nine - Streets, Utilities and Public Services Code Part Eleven- Health and Sanitation Code Part Thirteen - Planning and Zoning Code Part Fifteen - Fire Prevention Code Part Seventeen - Building Code (c) One copy of the Codified Ordinances containing each component code or part as listed above shall be filed with the original copy of this ordinance and deemed a part hereof.

6 EFFECTIVE DATE; REPEAL OF PRIOR ORDINANCES. Ten days after the notice of enactment of this Adopting Ordinance is published, all provisions of the Codified Ordinances of The Town of McCandless, 1976, shall be in full force and effect, and all prior ordinances or parts of ordinances which are inconsistent with any provision of the Codified Ordinances are hereby repealed, except as specifically saved from repeal in Section SAVING CERTAIN ORDINANCES FROM REPEAL. The repeal provided for in Section shall not affect: (a) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Adopting Ordinance; (b) Any ordinance or resolution promising or guaranteeing the payment of money by or to the Town, or authorizing the issuance of any bonds, or any evidence of the Town's indebtedness, or any contract or obligation assumed by the Town; (c) Any administrative ordinance or resolution of the Town not in conflict or inconsistent with the provisions of these Codified Ordinances; (d) Any right, license, privilege or franchise conferred by any ordinance or resolution of the Town on any person or corporation; (e) Any ordinance establishing, naming, relocating or vacating any street or public way; (f) Any ordinance levying or imposing taxes, assessments or charges; (g) Any ordinance providing for positions, duties, vacations, sick leave, term leave pay or compensation; (h) Any ordinance establishing or changing the boundaries of the Town; (i) Any prosecution, suit or other proceeding pending, or any judgment rendered prior to the effective date of this Adopting Ordinance AMENDMENTS AND SUPPLEMENTS. The Codified Ordinances of The Town of McCandless, 1976, may be amended or supplemented as provided by law. When any amendment or supplement is adopted in such form as to indicate the intention of the Town Council to make the same a part thereof, such amendment or supplement shall be incorporated in and deemed a part of the Codified Ordinances, so that a reference to the Codified Ordinances shall be understood and construed to include both the Codified Ordinances of The Town of McCandless, 1976, and any and all such amendments and supplements FORM OF AMENDMENT OR SUPPLEMENT. (a) All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan of the original Codified Ordinances as follows. Each part shall be subdivided into titles, articles and sections respectively. The numbering of all sections, except the penalty sections, shall be consecutive within each article commencing with the first section of Article 101, which shall be numbered ; the first digit "1" signifying Part 1, the two digits "01" before the decimal signifying the article within the part, and the two digits "01" after the decimal signifying the first section in Article 101 of the part. Penalty sections shall be numbered "99" and shall be the last section within an article.

7 6A (b) Notwithstanding subsection (a) above, the failure to classify or properly number any ordinance section amending the Codified Ordinances shall not invalidate the provisions of any such sections HOW KNOWN AND CITED. The Codified Ordinances of The Town of McCandless, 1976, including any amendments or supplements, shall be known and referred to as the "Codified Ordinances". Sections of the Codified Ordinances may be referred to and cited in the form "Section " as may be applicable and appropriate to any section SECRETARY'S MASTER COPY; PUBLIC RECORD. (a) The Secretary of the Town Council, in addition to the book-form copy to be attached hereto pursuant to Section (c), shall keep one master copy in book form and, in connection therewith or attached thereto in such form and manner as he may determine to be most easily available for ready reference, one copy of all amendments and supplements bearing such code, title, article or section designation as may be proper. If in doubt as to such designation, the Town Secretary shall be guided by the advice of the Town Attorney. (b) The Secretary's master copy shall be a public record, but it shall not be his duty or responsibility to furnish extra copies of any material in the master copy INTERPRETATION. In the construction of the Codified Ordinances the following rules shall control, except those inconsistent with the manifest intent of the Town Council as disclosed in a particular provision, section or part: (a) Calendar - Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, except if the last be Sunday it shall be excluded. If time is expressed in hours the whole of Sunday shall be excluded. (b) Conjunctions. "And" includes "or" and "or" includes "and", if the sense so requires. (c) Council. The term "Council" or "Town Council" means the legislative body of the Town. (d) County. The word "County" means Allegheny County, Pennsylvania. (e) Gender. Words importuning the masculine shall extend and be applied to the feminine and neuter genders. (f) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of language. However, technical words and phrases and such others as may have acquired a special meaning in the law, shall be construed according to such technical or special meaning. Whenever, in the Codified Ordinances, authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate unless contrary to law or to the clear intent of any such particular provision.

8 6B (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) Number. Words in the plural include the singular and words in the singular include the plural number. Owner. The word "owner", when applied to property, includes any part owner, joint owner or tenant-in-common of the whole or any part of such property. Person. The word "person" shall extend to and be applied to associations, clubs, corporations, firms and partnerships, as well as to individuals. Premises. The word "premises", when used as applicable to property, extends to and includes land and buildings. Public Authority. The term "public authority" extends to and includes the Board of Education, the Town, the County, the Commonwealth of Pennsylvania, the United States of America and any duly authorized public official. Property. The word "property" includes real and personal, and any mixed and lesser estates or interests therein. The words "personal property" include every kind of property except real property. The words "real property" include lands, tenements and hereditaments. Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or giving of such notice. State and Commonwealth. The words "state" and "Commonwealth" mean the Commonwealth of Pennsylvania. Street and Road. The words "street" and "road" include avenues, alleys, courts, boulevards, lanes, roads, streets and other public ways and squares in the Town. Tenant or Occupant. The words "tenant" or "occupant", as applied to a building or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others. Tenses. The use of any verb in the present tense includes the future tense. Town or Municipality. The words "Town" or "Municipality" mean the Town of McCandless, Allegheny County, Pennsylvania. Town Manager. The term "Town Manager" or "Manager" means the chief administrative officer of the Town SEPARABILITY. Each section and each part of each section of the Codified Ordinances is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Codified Ordinances would have been adopted independently of such section, sections or parts of a section so held to be invalid ENACTMENT PROCEDURE; LEGAL PUBLICATION. This Adopting Ordinance shall be enacted, and legal advertisement effective, in conformity with the provisions of the Charter and state law.

9 6C GENERAL PENALTY. Whenever, in the Codified Ordinances or in any ordinance of the Town, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in the Codified Ordinances or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided therefor, the violator of any such provision or any ordinance shall be fined not more than three hundred dollars ($300.00) and costs and, in default of payment thereof, shall be imprisoned not more than thirty days. ENACTED AND ORDAINED into law this 4th day of October, 1976, to become effective ten (10) days after proper advertisement hereof. ATTEST: TOWN COUNCIL TOWN OF McCANDLESS R. L. VonHofen C. Dean Woodcock Secretary President

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11 7 CONTENTS PRELIMINARY UNIT General Index Comparative Section Table CODIFIED ORDINANCES OF McCANDLESS CHARTER PART ONE - ADMINISTRATIVE PART THREE - BUSINESS AND TAXATION PART FIVE - TRAFFIC CODE PART SEVEN - GENERAL OFFENSES CODE PART NINE - STREETS, UTILITIES AND PUBliC SERVICES CODE PART ELEVEN - PUBLIC HEALTH CODE PART THIRTEEN - PLANNING AND ZONING CODE PART FIFTEEN- FIRE PREVENTION CODE PART SEVENTEEN- BUILDING CODE

12 8 EDITOR'S NOTE The arrangement and numbering of the Codified Ordinances into component codes, titles, articles and sections is based on an adaptation of a decimal numbering system, and is in accord with the best accepted practice in instituting a codification. Each section is self-identifying as to part, article and section number. For example, indicates that the part number is 19, the article number is 1905 (or the 5th article within Part 19), and the section number is.06. The part and article numbers appear left of the decimal, with the part number preceding the first two digits left of the decimal, and the article number being all digits left of the decimal. The section number appears right of the decimal. As another example, indicates the part number is 3, the article number is 313 (or the 13th article within Part 3), and the section number is.04. This numbering system has the advantage of inherent flexibility in allowing for an almost endless amount of expansion. Codes, titles and articles initially are odd numbered, thus reserving the use of eyen numbers for future legislation. Sections within articles are consecutively numbered, except that penalty provisions are usually assigned the number. 99. Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections. For example, newly created , and follow and precede to be placed in their logical position. Section histories enable a user to trace the origin of the law contained in the section. The history indicates the derivation by reference to its passage date and the ordinance number originally assigned to it at that time. The Comparative Section Table is included at the end of the Preliminary Unit to show the disposition of every ordinance included in the Codified Ordinances. It indicates whether a given ordinance was consolidated with another into one section or split into two or more sections. Cross references direct the user to subject matter reasonably related to material contained within a given article.

13 9 GENERAL INDEX EDITOR S NOTE: References are to individual Charter or code sections. As additional aids for locating material, users are directed to: (a) The Comparative Section Table, which indicates in the Codified Ordinances the disposition of the ordinances or resolutions integrated therein. (b) The Table of Contents preceding each component code, and the sectional analysis preceding each article. (c) The cross references to related material following each article analysis. ADDRESS NUMBERING ADMINISTRATIVE CODE citation purpose ADULT BUSINESS ADULT DAYCARE ADVERTISING distributing at residences zoning regulations AIRCRAFT heliport or landing fields landings or take offs exceptions penalty prohibited AIR POLLUTION ALARMS fire, false ALL PURPOSE VEHICLES noise prohibited; mufflers AMBULANCE SERVICE editor s note Art. 123 AMUSEMENTS definitions enforcement penalty permit application fee issuance required rules and regulations severability ANIMALS bites quarantine of animal reports dangerous definitions , (a) farms horses, riding hunting impounding rabies regulations, prohibitions vaccination of dogs wild

14 GENERAL INDEX 10 ANTENNAS APPEALS Business Privilege Tax (f) flood plain provisions property maintenance code tax assessment limitation program transient vendors ATTORNEY appointment, qualifications, compensation Chtr. Sec. 801 delegation of authority Chtr. Sec. 803 powers and duties Chtr. Sec. 804 qualifications, appointment removal Chtr. Sec. 802 responsibilities special counsel Chtr. Sec. 805 BLASTING BOCA CODE (see under BUILDING; FIRE PREVENTION) BOUNDARIES (see also WARDS AND BOUNDARIES) buffer areas Councilmanic Districts Chtr. Sec. 103 Town Chtr. Sec. 102 BUDGETARY RESERVE ACCOUNT BUILDING accessory facilities R-1 district R-2 district R-3 district R-4 district R-5 district accessory uses R-1 district R-2 district R-3 district R-4 district R-5 district adopting regulations Chtr. Sec. 903 BUILDING (Cont.) anchor; D-Development District Code penalty height maximum R-1 district (f), R-2 district (f), office, distance between restricted sites sign regulations standards Zoning Code conflicts BOND telecommunication providers timber harvesting BUILDING INSPECTOR fees for building, occupancy permits responsibilities BUILDING PERMIT restricted building sites BULLETIN BOARD BUSINESS PRIVILEGE TAX Administrator duties appeals (f) business volume computed (b), (d) confidentiality definitions effective date enacting authority exemptions (c), (e) going out of business (f) imposition liability to two or more municipalities (f) license, business privilege posting required; fee payment; late penalty (g) penalty rate (a)

15 11 GENERAL INDEX BUSINESS PRIVILEGE TAX (Cont.) records (g), (d) returns severability suit on collection; penalty C-1 COMMERCIAL RECREATION DISTRICT dimensional standards office as conditional use purpose road access swimming club C-2 NEIGHBORHOOD SHOPPING DISTRICT dimensional standards purpose road access C-3 HIGHWAY COMMERCIAL DISTRICT dimensional standards purpose road access C-4 REGIONAL SHOPPING CENTER DISTRICT dimensional standards purpose road access C-5 COMMERCIAL RESIDENTIAL DISTRICT dimensional standards incentive development purpose rezoning road access transportation impact study C-6 INDUSTRIAL DISTRICT dimensional standards purpose road access C-7 OFFICE BUILDING DISTRICT conditional use dimensional standards purpose road access C-8 GENERAL OFFICE AND LIMITED RETAIL DISTRICT conditional uses dimensional standards district common standards permitted uses purpose rezoning road access CABLE TELEVISION billing information (b) certification complaints (a) customer service standards definitions enforcement rate applications rate making appeals regulatory authority severance CHARTER amendment procedure Chtr. Sec construction Chtr. Sec. 203 effective date Chtr. Sec severability Chtr. Sec transition appointed personnel Chtr. Sec Council Chtr. Sec elected officials Chtr. Sec employee rights Chtr. Sec obligations Chtr. Sec prior ordinances, etc. Chtr. Sec property; litigation Chtr. Sec Treasurer, Tax Collector Chtr. Sec. 1603

16 GENERAL INDEX 12 CITIZEN PARTICIPATION access to public documents bulletin board committee meetings Council meetings requests and complaints CODIFIED ORDINANCES (see also ORDINANCES AND RESOLUTIONS) adoption; component codes; file copy amendments, supplements citation codification Chtr. Sec. 404, 505 effective date enactment procedure form of amendment or supplement interpretation master copy; public record penalty saving certain ordinances from repeal separability COMMERCIAL DISTRICT (see C-1 through C-8) COMMERCIAL AND HEAVY VEHICLES loads that litter noise prohibited; mufflers parking and storage tractors damaging roads weight limitations COMMUNICATION TOWERS (c) CONTRACTS advertising for bids Chtr. Sec. 504(r) bidding exceptions Chtr. Sec procedure Chtr. Sec bonds Chtr. Sec conflict of interest Chtr. Sec CONTRACTS (Cont.) eminent domain Chtr. Sec maximum term Chtr. Sec requirements Chtr. Sec CONSTRUCTION blasting prohibited emissions from COUNCIL advisory committee Chtr. Sec. 410 committee meetings citizen participation compensation; expenses Chtr. Sec. 308; composition Chtr. Sec. 302; Councilmanic Districts Chtr. Sec. 103 election Chtr. Sec. 304 forms of action Chtr. Sec. 503 investigations authority Chtr. Sec. 601 oaths of witnesses Chtr. Sec. 603 topics; procedure witnesses and documents Chtr. Sec. 602 meetings calling citizen participation notice of Chtr. Sec. 403 procedures time, place Chtr. Sec. 402 types Chtr. Sec. 401 officers Chtr. Sec. 409 powers Chtr. Sec. 301 powers excluded prohibitions Chtr. Sec. 307 public meetings Chtr. Sec. 405 qualifications Chtr. Sec. 305; quorum Chtr. Sec. 407 records Chtr. Sec. 404 rules; procedures Chtr. Sec. 406 term Chtr. Sec. 303 vacancies Chtr. Sec. 306; voting requirements Chtr. Sec. 408

17 13 GENERAL INDEX D-DEVELOPMENT DISTRICT anchor building architectural guidelines bufferyards dwelling standards intent landscaping land use intensity parking spaces purpose signs (c) site capacity analysis site development proposal submission traffic requirements use regulations uses permitted DEFINITIONS business privilege tax dwelling et seq. family flood plain regulations home occupation lot et seq. property maintenance code rights of way sexually oriented business (a) stormwater management timber harvesting yard et seq. Zoning Code DEMOLITION emissions from DEVELOPMENT AUTHORITY BOARD members; terms DISTRICTS (see ZONING DISTRICTS) DISTURBING THE PEACE (see NOISE) DRAINAGE kitchen or laundry DRIVEWAYS construction definitions liability permit special requirements DRIVING one way streets speed on certain streets thru highways EARNED INCOME TAX (see INCOME TAX) EMERGENCY CONDITION ABATEMENT authorized cost fire suppression services inclusion liability hazardous material defined EMINENT DOMAIN Chtr. Sec EMISSIONS construction demolition fugitive emissions mining parking lots, roadways penalty source premises transport EROSION AND SEDIMENT CONTROL EXCAVATIONS bond for restoration collecting payment due Town for emergency work definitions emergencies fees insurance penalty

18 GENERAL INDEX 14 EXCAVATIONS (Cont.) permit application; indemnity required FALSE ALARMS FARM AND FARM BUILDINGS FEE adult business (f) amusement business privilege license excavation grading plat submission right of way permit shooting range permit Subdivision Regulations transient vendor license Zoning Code FENCES buffer areas district common standards privacy screen storage facilities (i) swimming pools , FILMS lewd FINANCE OFFICER responsibilities FINANCES appropriations Chtr. Sec audit bonds Chtr. Sec. 1209, borrowing Chtr. Sec budget adoption Chtr. Sec amendment Chtr. Sec Capital Improvement operating Reserve Account submission Chtr. Sec submission in October FINANCES (Cont.) deposit of taxes, etc fiscal year Chtr. Sec. 1201, independent audit Chtr. Sec investments Chtr. Sec. 1211, paying bills payments Chtr. Sec public records Chtr. Sec reimbursement of expenses surplus funds tax limits Chtr. Sec FIRE alarms, false FIREARMS (see WEAPONS) FIRE CONTROL REGULATIONS adoption hydrant use penalty water supply FIRE EQUIPMENT SUBSTATION FIRE HYDRANTS parking near regulations storage facilities, required at (k) use approval FIRE INSURANCE ESCROW ACT fire damage claim payment prerequisites payment procedure penalty procedures, regulations and fees by resolution severability Town Manager responsibilities FIRE LANES designation intent of regulations paving penalty

19 15 GENERAL INDEX FIRE MARSHAL responsibilities FIRE PREVENTION Bureau; independent companies Chtr. Sec permits smoke detectors installation rate required in multi-family buildings FIRE SUPPRESSION SYSTEMS FLOOD PLAIN CONSTRUCTION AND DEVELOPMENT REGULATIONS administration authorization definitions existing structures general provisions identification of flood plain areas special permits technical provisions variances GARBAGE AND RUBBISH accumulation; disposal collection activities prohibited arbitration charges definition haulers (h) injunction powers penalty severability standards, regulations storage; containers definitions industrial wastes lead acid batteries property maintenance code recycling definitions disposal of recyclables GARBAGE AND RUBBISH (Cont.) recycling (Cont.) enforcement, administration existing operations franchise or license modifications ownership of materials penalty program established repeal, severability separation, collection unauthorized collection time to place at curb for collection GASOLINE STATION (see SERVICE STATION) GRADING bond or surety citation; purpose compliance; effect of noncompliance definitions fees hazardous conditions liability maintenance permit application; submission of plans denial; appeal exceptions expiration requirement remedies standards supervision GREENHOUSE; NURSERY HANDBILLS distributing to residences HAZARDOUS MATERIAL clean up (see EMERGENCY CONDITION ABATEMENT) defined HEALTH CARE FACILITIES

20 GENERAL INDEX 16 HELICOPTER (see AIRCRAFT) HUNTING I INSTITUTIONAL DISTRICT dimensional standards purpose IMPOUNDING animals INCOME TAX applicability collection at source suit for Collector s appointment; powers and duties declaration and payment definitions imposition interest and penalties payment under protest; refunds penalty short title INDEMNIFICATION POLICY INDUSTRIAL DEVELOPMENT Authority ed note Art. 123 INITIATIVE action on petition Chtr. Sec certification Chtr. Sec commencement Chtr. Sec general authority Chtr. Sec petitions Chtr. Sec results of election Chtr. Sec INTERNATIONAL FIRE CODE JUNK YARDS LAND DEVELOPMENT (see SUBDIVISION REGULATIONS) LANDSCAPING D-Development District storage facilities (h) LERTA (see LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM) LEWDNESS (see PUBLIC NUISANCE) LIBRARY editor s note Art. 123 LICENSE business privilege transient vendor et seq. LITTERING on occupied private property on vacant lots property owner s responsibility truck loads dropping LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM adoption compliance with Acts of Assembly contemporaneous adoption cooperation with School District definitions effective date , exemption annual qualification generally maximum period procedure for obtaining findings of fact notice to Town penalties for violation repealer

21 17 GENERAL INDEX LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM (Cont.) severability statutory authority termination title Town rules and regulations LOGGING (see TIMBER HARVESTING) LOITERING obstructing free access penalty violation LOTS area adjustment dimensional standards C-1 district C-2 district C-3 district C-4 district C-5 district C-6 district C-7 district C-8 district I Institutional district R-1 district R-2 district R-3 district R-4 district R-5 district MANAGER absence or incapacity Chtr. Sec. 705 appointment, qualification, compensation Chtr. Sec. 701 Assistant Manager authority complaints full time position Chtr. Sec. 703 powers and duties Chtr. Sec. 702 removal Chtr. Sec. 704 responsibilities MANUFACTURED STRUCTURE defined (a)(88.5) MASSAGE PARLORS (see PUBLIC NUISANCE) MECHANICAL DEVICES TAX amount change in location or ownership definitions payment date; no refunds; transferability penalty re-enactment severability short title sticker certificates application for information on list of MINING emissions from MOBILE HOME PARK zoning regulations MORTICIAN defined (s) permitted uses MOTION PICTURES lewd MOTORCYCLES mufflers permission for use MOTOR VEHICLE driving (see DRIVING; TRAFFIC) muffler parking (see PARKING) sales, service truck (see COMMERCIAL AND HEAVY VEHICLES)

22 GENERAL INDEX 18 NEWSSTANDS selling lewd publications NOISE motor vehicle; all purpose vehicle penalty prohibited types; exceptions NONCONFORMANCE change to another nonconforming use limited life listing structure use Zoning Hearing Board NUISANCE (see also PUBLIC NUISANCE; NOISE) health and sanitation abatement objects in road right of way traffic visibility obstruction OBSTRUCTIONS traffic OFF-STREET PARKING AND LOADING emissions loading berths requirements OIL AND GAS DEVELOPMENT ORDINANCES AND RESOLUTIONS (see also CODIFIED ORDINANCES) Administrative Code Chtr. Sec. 501 certification Chtr. Sec. 507 Class A Ordinances procedure topics ORDINANCES AND RESOLUTIONS (Cont.) Class B Ordinances procedure topics Class C Ordinances procedure topics classes of legislation codification Chtr. Sec. 404, effective date ordinances numbering, signing, posting use of Chtr. Sec. 504, 505 penalty Chtr. Sec. 509 periodic review Chtr. Sec. 508 Personnel Code Chtr. Sec. 502 procedure Chtr. Sec. 503 resolutions numbering, signing use of Chtr. Sec. 506 PARKING dead end streets distance from fire hydrant emergency powers of Police Chief fire lanes hammerhead streets heavy equipment/vehicle impounding illegally parked vehicles off-street (see OFF-STREET PARKING AND LOADING) no parking zones regulation procedure vehicle lots PARKS AND PLAYGROUNDS conditional use R-1 District R-2 District neighborhood

23 18A GENERAL INDEX PARKS AND PLAYGROUNDS (Cont.) Potter hours naming penalty prohibitions R-1 district R-2 district requirements tobacco/vaping-free zones PEDDLERS (see TRANSIENT VENDORS) PENALTY animals Building Code Business Privilege Tax General Code handbills at residences maximum Chtr. Sec. 509 weapons zoning PERMIT amusement fire prevention flood plain right of way et seq. sexually oriented business (d) shooting range Zoning Code PERSONAL CARE HOMES criteria PERSONNEL merit system Chtr. Sec political activities Chtr. Sec PERSONNEL BOARD appointment; duties Chtr. Sec established membership noncompensatory; expenses powers and duties rules of procedure terms PERSONNEL CODE affirmative action amendment benefits demotions discrimination drug free workplace employees town types employment at will evaluations expenses, reimbursement of grievances hiring application authority hours interview job descriptions modification nepotism overtime pay periods physical examination political activity promotions purpose qualifications retirement sexual harassment termination title Town Manager transfers uniforms violations PLANNING AND DEVELOPMENT ADMINISTRATOR appointment, duties Chtr. Sec. 901, PLANNING COMMISSION appointment, duties Chtr. Sec. 902 creation functions

24 GENERAL INDEX 18B PLANNING COMMISSION (Cont.) membership officers, annual report powers and duties R-5 district final approval application tentative approval application residency; electors site plan approval variance POLICE DEPARTMENT Chief s responsibilities organization Chtr. Sec. 1001, PORNOGRAPHY (see PUBLIC NUISANCE) PRIVIES cleaning PROPERTY MAINTENANCE CODE appeals applicability approval Code Official powers and duties definitions demolition emergency measures exterior property areas exterior structure fire protction systems fire resistance rating general requirements hot tubs inspection interpretation notice and orders rubbish and garbage spas swimming pools title; scope unsafe structures and equipment violations PUBLICATIONS lewd; selling PUBLIC DOCUMENTS access to; copies of PUBLIC NUISANCE (see also NUISANCE) action by Council by Town Attorney definitions knowledge of nuisance; responsibility lewd films; theaters lewd publications massage parlors; model studios moneys forfeited; cost of abatement policy; authority severability PUBLIC WORKS superintendent s responsibilities R-1 SINGLE-FAMILY DWELLING DISTRICT accessory facility uses dimensional standards purpose recreational area story height swimming club R-2 SINGLE-FAMILY AND TWO- FAMILY DWELLING DISTRICT accessory facilities uses dimensional standards purpose recreational area story height swimming club two-family dwelling

25 18C GENERAL INDEX R-3 TOWNHOUSE AND GARDEN APARTMENT DISTRICT accessory facilities uses dimensional standards purpose recreational area road access R-4 HI-RISE APARTMENT DISTRICT accessory facilities uses dimensional standards purpose recreational area road access R-5 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT abandonment accessory facilities uses final approval application information required further action granting, denial time intervals preliminary approval application granting information required site plan purpose recreational area road access standards area dimensional use R-6 ELDERLY HOUSING DISTRICT accessory facilities adult daycare deed covenants dimensional standards personal care homes R-6 ELDERLY HOUSING DISTRICT (Cont.) purpose recreational area road access R-C RESIDENTIAL-COMMERCIAL DISTRICT accessory or recreation facility architectural standards buffer areas conditional use standards dimensional standards front yard property connections purpose road access sidewalks story height REAL ESTATE TAX discount; penalty rate installment payments interim tax levied; established REALTY TRANSFER TAX acquired company association or corporation documents Attorney s duties authority civil penalties credits definitions effective date enforcement , excluded transactions exempt parties imposition (a) interest (d) judicial sale proceeds lease extension lien limitations (c) payment evidence (b) penalty

26 GENERAL INDEX 18D REALTY TRANSFER TAX (Cont.) recorder of deeds duties regulations severability statement of value title RECORDS AND REPORTS Business Privilege Tax (g), (d) right of way, telecommunication providers transient vendors RECYCLING (see GARBAGE AND RUBBISH) REFERENDUM action on petition Chtr. Sec certification Chtr. Sec commencement Chtr. Sec general authority Chtr. Sec petitions Chtr. Sec results of election Chtr. Sec suspension of ordinance Chtr. Sec REVENUE ALLOCATION PROGRAM (RAP) (see LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM) RIGHTS OF WAY, TELECOMMUNI- CATION PROVIDERS bond construction standards definitions indemnification liability management penalty permit application for construction duration fees required suspension termination RIGHTS OF WAY, TELECOMMUNI- CATION PROVIDERS (Cont.) removal reporting requirements sale, transfer of rights SANITARY AUTHORITY BOARD members; terms SCHOOLS academic; Zoning Code construction ed. note Art. 123 SCHOOL GUARDS SCREENING (see FENCES) SEPTIC TANKS cleaning and filling , SERVICE STATION uses, requirements SERVICES TAX, LOCAL administration definitions employed in more than one political subdivision employer s duty to collect exemptions interpretation levy liability more than one occupation nonresidents payment dates penalties refunds returns self-employed individuals suits for collection violations SEVERABILITY Zoning Code

27 18E GENERAL INDEX SEWERS certification of sanitary sewer status conflict definitions Documents of Certification application required temporary dye testing, regulation of penalty rules and regulations severability cleaning and filling abandoned septic tanks connections definitions inspection of construction and connections private, permit prohibited connections prohibited discharges public sewer to be used if accessible tapping permit Township Sanitary Authority ed. note Art. 123 waste discharge (see WASTE DISCHARGE) SEXUAL OFFENSIVENESS (see PUBLIC NUISANCE) SEXUALLY ORIENTED BUSINESS SHOOTING RANGES permit; fee SIDEWALKS construction County or State Roads (b) defined duty of property owner intergovernmental cooperation ordinance purpose specifications subdivision (b) SIDEWALKS (Cont.) violation notice penalty SIGNS (see also ADVERTISING) advertising commercial, nonconforming (b)(11) D-Development District (c) district common standards street names U.S. Route (c) SITE PLAN SMOKE DETECTORS installation rate required in multi-family buildings SNOW deposit on roadways SPEED limits timing devices, use of STORAGE FACILITIES zoning regulations STORMWATER overlay districts STORMWATER MANAGEMENT applicability authority compatibility definitions design standards erosion and sediment control exemptions fees landscaping operation and maintenance responsibilities penalties permit requirements

28 GENERAL INDEX 18F STORMWATER MANAGEMENT (Cont.) plan review prohibited discharges purpose repealer requirements runoff calculation standards Stormwater Management Plan stream buffer requirements watercourse/stormwater collection systems STREETS damaged by developer one-way right of way et seq. snow; deposit on subdivision layout et seq. thru highways SUBDIVISION REGULATIONS agricultural exception amendment procedure citation compliance definitions Art design commercial, industrial, institutional general lands and lots monuments storm drainage street layout street signs street width, slope trees utilities exceptions fees and escrow final plat approval procedure required information flood plain permit SUBDIVISION REGULATIONS (Cont.) improvements as built drawings certification or guarantee guarantee default guarantee release inspection maintenance bond requirements street dedication interpretation land transfer penalty plat submission compliance discussion meeting fees and escrow improvements, timing of responsibilities preconstruction conference preliminary plat approval procedure required information purposes recreational areas; open space road right-of-way severability simple division sketch plan variances Zoning Code conflicts SWIMMING CLUBS C-1 district R-1 district R-2 district SWIMMING POOLS building permit defined fences , property maintenance standards

29 18G GENERAL INDEX TAXATION (see also INCOME TAX; MECHANICAL DEVICES TAX; REAL ESTATE TAX) assessment limitation program appeals definitions eligible taxpayers participation rules and regulations business (see BUSINESS PRIVILEGE TAX) property tax limit Chtr. Sec real estate tax realty transfer (see REALTY TRANSFER TAX) revenue allocation (see LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM) TAX COLLECTOR TELECOMMUNICATION PROVIDERS et seq. THEATERS lewd films TIMBER HARVESTING bond definitions enforcement forest practices logging plan policy road maintenance scope TOBACCO FREE ZONES TOWERS AND ANTENNAS TOWN duties Chtr. Sec. 202 name, status Chtr. Sec. 101 powers Chtr. Sec. 201 TRAFFIC conviction costs directing authority emergency powers of Police Chief left turns prohibited regulation procedure school guards speed timing devices stop signs vision clearance obstruction; removal TRANSIENT VENDORS appeals background check definitions exemptions license application fee exhibition , fees required revocation of purpose records title violations and penalties TREASURER responsibilities TREES AND SHRUBS buffer areas landscaping road right-of-way TRUCK (see COMMERCIAL AND HEAVY VEHICLES) UNSAFE STRUCTURES USE REGULATIONS commercial or industrial changes D-Development District ,

30 GENERAL INDEX 18H USE REGULATIONS (Cont.) office in C-1 District Traditional Neighborhood Development Overlay District UTILITIES damaged by developer VAPING-FREE ZONES VOLUNTEER SERVICE CREDIT PROGRAM et seq. WALLS WARDS AND BOUNDARIES effective date map display in Town Hall wards and election districts WASTE DISCHARGE definitions penalty prohibited generally specific substance toxic substances; pollutants provisions limited to ALCOSAN facilities severability WATER POLLUTION wells, springs WEAPONS discharging firearms exceptions prohibited shooting ranges WIRELESS COMMUNICATIONS FACILITIES (c) YARD REGULATIONS district common standards ZONING adopting regulations Chtr. Sec. 903 ZONING CODE accessory facilities area adjustment buffer areas building standards churches community development objectives definitions district designations districts (see ZONING DISTRICTS) enabling clause, title, date farms fees fences flood lights gas stations interpretation landscaping land use loading berths Map log of changes official copy original motor vehicle sales, service nonconformance change limited life listing structures use objectives office buildings, distance between off-street parking oil and gas development parks and playgrounds penalty permits

31 18I GENERAL INDEX ZONING CODE (Cont.) privacy screen purpose repeal restricted building sites rezoning of property road right-of-way schools, academic severability , sidewalks site plan special exceptions storm water drainage swimming pools temporary structures undefined on other land uses walls yards Zoning Officer (see ZONING OFFICER) ZONING DISTRICTS (see also individual district involved) boundaries designation Map stormwater overlay districts Traditional Neighborhood Development Overlay District compliance criteria design principles Ch. 1346, Appendix A development standards , loading areas objectives purpose service areas uses Transportation Overlay District dedication of rights of way development credits effect on Comprehensive Plan Official Map increased setback requirements land use permits ZONING DISTRICTS (Cont.) Transportation Overlay District (Cont.) limitation on development off-site improvements required on-site transportation improvement program purpose suspension and satisfaction of D Development District Transportation fees Town Manager s regulations traffic report requirements Traffic Engineer review waiver uses (see also individual district involved) ZONING HEARING BOARD appeals from Zoning Officer to Court communications decision evidence fences , functions gas station authorization hearings Chtr. Sec. 904 members; term nonconforming use change notice parks and playgrounds R-1 district R-2 district parties R-4 district businesses record site plan special exception special exceptions types of hearings validity challenges variances

32 GENERAL INDEX 18J ZONING MAP rezoning of property ZONING OFFICER administration and enforcement appeals to Zoning Hearing Board nonconforming structures, uses list notice of hearing site plan alternative procedure approval procedure revised