When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
A landowner or developer who has filed an application for
a subdivision or land development, including his/her heirs, successors
and assignees.
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the city or by any combination of the above.
The paved portion of a street or highway designed for vehicular
traffic and paved areas intended for on-street parking.
The City of Scranton Subdivision and Land Development Ordinance,
as amended, and any provisions thereof, enacted by City Council.
The City of Scranton, Lackawanna County, Pennsylvania. Unless
otherwise stated, this shall mean City Council and their authorized
agents.
The City Council of the City of Scranton.
The Planning Commission of the City of Scranton.
Calendar days.
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
A natural or manmade area in which stormwater is temporarily
detained and from which said water is slowly released at a rate compatible
with sound stormwater and soil management practices as approved by
the city and the County Conservation District.
Any landowner, agent of such landowner or tenant with permission
from a landowner, who makes or causes to be made a subdivision of
land or land 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, mining, dredging,
filling, grading, excavation or drilling operations and the subdivision
of land, as well as sewage disposal systems and water supply systems.
Any activity involving the clearing, excavation, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
A channel with or without a supporting ridge on the lower
side constructed to intercept and divert surface runoff.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention/alleviation
of flooding.
A grant by the property owner to the public, a corporation,
a person, group of persons or another tract of land of a use of land
for specified purposes.
The registered professional engineer designated by the City
Council and/or the Mayor to perform all duties required of the City
Engineer within the provisions of this chapter.
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule for the timing of their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with the Lackawanna County Soil Conservation
Service reviews.
An act by which soil or soils are cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to cutting or filling.
The final elevation of the ground surface conforming to the
proposed design.
A margin of safety, expressed in feet above the one-hundred-year-flood
elevation.
The Mayor and City Council of the City of Scranton. In the
event of lack of approval by the Mayor, s super majority of the members
of City Council shall constitute the Governing Body, for the purposes
of this chapter.
The elevation of ground or paving.
Any stripping, cutting, filling, stockpiling or any combination
thereof and shall include the land in its cut or filled condition.
The first floor of a building other than a cellar or basement.
The process of stormwater entering into the ground to replenish
the underground water table.
An agreement in a form and manner acceptable to the city
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
The improvement of one or more contiguous lots,
tracts or parcels of land for any purpose involving either or both
of the following:
A group of two or more residential or nonresidential
building, whether proposed initially or cumulatively or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space,
whether initially or cumulatively, 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.
For the purposes of this chapter, the following
shall specifically not be considered a "land development": the conversion
of an existing building to create a maximum of three new dwelling
units.
The owner of a legal or equitable interest in land, including
the holder of a formal 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 right of the
landowner) or other person having a proprietary interest in land.
A contiguous area of land within defined lot lines that is
a distinct and legally recorded separate parcel of land according
to the official records of the County Recorder of Deeds.
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
No additional lots will be created beyond what
was previously approved.
No additional street segments or significant
changes in alignment are proposed other than what was previously approved.
No additional new nonconformities will be created under the Chapter 445, Zoning.
No new land development will occur other than
a land development that was previously approved or buildings to support
"crop farming."
A lot that abuts a public street on one side of the lot,
but has vehicular access only from a public street on the opposite
side of the lot.
Lowest floor of the enclosed area, including basement.
An agreement in a form and manner acceptable to City Council requiring the developer of required improvements to make any repairs or reconstructions and to maintain such improvements for a certain time period, as specified in § 423-47 of this chapter.
Financial security which is acceptable to the city to secure the responsibilities of the developer as stated in the maintenance agreement. See § 423-47.
See "subdivision, major" and "subdivision, minor."
An area of land in a mobile home park improved with the utilities
and other improvements needed for the placement of a single mobile
home, with the land leased or rented by the park owner to the occupants
of the mobile home.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended,
or its successor legislation.[1]
The ground surface in its original state before any grading,
excavation or filling.
Any structure, materials, fill or activity that would impede,
retard or change natural or approved stormwater flows.
A flood that, on the average, is likely to occur every 100
years [such as that has a 1% chance of occurring each year, although
the flood may occur in any year].
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, parking areas; but may include areas occupied
by walkways, picnic pavilions, play equipment and other areas occupied
by noncommercial outdoor recreation facilities.
The definition in Chapter 445, Zoning, shall apply.
Common open space owned by a government agency or the city
for public recreation.
A tract, lot or area of land.
Outdoor areas or special designed buildings or garages used
for the storage of vehicles. Unless otherwise stated, means off-street
parking.
A pedestrian accessway which is not adjacent to a street
or access drive and conforms with this chapter.
The Pennsylvania Department of Transportation.
Financial security which is acceptable to City Council to
ensure that the developer will install required improvements. (Note:
This typically includes acceptable letters of credit, performance
bonds, escrow agreements and other similar collateral or surety agreements.)
A map of a land development or subdivision and accompanying
notations.
SKETCH PLANAn informal plan, identified with the title "sketch plan" on the map, indicating the general layout of the proposed subdivision or land development.
PRELIMINARY PLANA complete plan identified with the title "preliminary plan" accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan identified with the title "final plan" including the plan prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
See "Commission."
The city staff-person charged by the Mayor with the primary
responsibility to administer the procedures of this chapter. Such
staff-person shall be the Planning Director of the City of Scranton
until and unless the Mayor may designate an alternative staff-person.
See also "City Engineer."
A regular meeting of the Planning Commission at which the
Commission is authorized to conduct official action and which has
been scheduled based upon an annual meeting schedule (as may be adjusted
by the Chairperson) and which is not a workshop meeting or the official
public meeting on an ordinance amendment.
As defined by the Pennsylvania Municipalities Planning Code.
[NOTE: As of 1993, this included the following
definition: "notice published once each week for two successive weeks
in a newspaper of general circulation in the city. 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."]
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
A natural or man-made area in which stormwater is retained
on a long-term basis.
The deposition of solid material, both mineral and organic,
that was in suspension and that has been transported from its site
of origin by any means of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials, to
prevent these materials from entering a creek, river, stream or lake.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of Pennsylvania DEP and
the city.
CENTRAL SEWAGE SERVICEService by a sewage disposal system which collects, treats and disposes sewage from more than one dwelling, principal use or lot.
PUBLIC SEWAGE SERVICECentral sewage service with the mains and the treatment facility owned by a municipality, a public authority or the county.
PRIVATE CENTRAL SEWAGE SERVICECentral sewage service that does not meet the definition of "public sewage service."
ON-LOT SEWAGE SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling unit, principal use or lot.
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
The Lackawanna County Conservation District.
The latest version of the official Soil Survey of Lackawanna
County, published by the United States Soil Conservation Service,
or its successor reference.
Includes substantial improvements and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction or improvements was within 180 days of the
permit date. The actual start means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the stage
of excavation.
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
See "Municipalities Planning Code."
The holding or slowing down of stormwater runoff to avoid
increased rates of runoff during peak periods.
A public or private thoroughfare which affords the principal
means of access to abutting property or that is an expressway, but
not including an alley or a driveway.
See the Official Street Classification Map, which was adopted
as part of the City Zoning Ordinance.[2] This Map classifies streets as expressway, arterial, collector
or local streets.
A type of street which is terminated at one end by a permitted
turnaround and which intersects another street at the other end.
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
See "developer."
As defined by the Pennsylvania Municipalities Planning Code,
as amended.
[NOTE: As of 1993, this definition was as
follows: "The division or redivision of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development: provided,l however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwellings is not a subdivision."]
See § 423-17 of this chapter.
Any subdivision of land which does not qualify as a "minor
subdivision."
A proposal involving land, other than a land development,
which is either:
A lot line adjustment; or
A subdivision:
That results in only one new additional residential
lot, or only one new additional clearly agricultural lot of more than
10 acres each, in addition to the one preexisting parent lot; and
Which does not involve an extension or new segment
of a street (other than what was previously approved); and
Which has not involved the final subdivision
approval of four or more new lots from the same parent tract since
January 1, 1973.
The City of Scranton Subdivision and Land Development Ordinance,
as amended.
In the judgment of the City Engineer at least 90% (based
upon the cost of the required improvements for which financial security
was posted) 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.
Stabilization of erosive sediment-producing materials.
One or more abutting or adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
United States Geological Survey, or its successor agency.
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.
Service by a water system which transmit water from a common
source to more than one dwelling, principal use or lot.
WATER, PUBLIC SYSTEM OR SERVICECentral water service that is owned and/or operated by a Municipal Authority or a Pennsylvania Public Utility Commission (PUC) regulated water company and that serves more than 50 dwelling units or principal uses.
Service by a water system which transmits water from a source
on the lot to only one dwelling, principal use or lot.
