As used in this chapter words in the singular include the plural,
and those in the plural include the singular. The word "person" includes
corporation, unincorporated association and partnership, as well as
an individual. The word "building" includes the meaning of "structure"
and shall be construed as if followed by the phrase "or part thereof."
The following terms as used in this chapter shall have the meanings
indicated below unless the context clearly indicates otherwise:
The removal of surface materials by the action of natural
elements caused by mail's manipulation of the landscape.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
A minor right-of-way, publicly or privately owned, primarily
for service access to the back or side of properties and not intended
for general traffic circulation.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, personal
representatives, successors and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
The Board of Supervisors of Metal Township, Franklin County,
Pennsylvania.
A plan prepared and certified by a registered engineer or
surveyor illustrating the physical location, dimensions and topographic
features of improvements in relation to property boundaries, other
features and improvements and the specifications of any approved development
plan. As-built drawings shall be prepared at a scale of not less than
one inch equals 50 feet.
Stormwater structures, facilities and techniques designed
to maintain or improve the water quality of surface runoff.
An area bounded by streets.
The Metal Township Board of Supervisors.
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way,
and the line defining side and rear yards, where required.
The portion of a street intended for vehicular use.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street centerlines.
The Metal Township Planning Commission, or, in its absence,
the Metal Township Board of Supervisors.
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.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
buildings or on property.
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar, connection or relationship.
Ownership in common with others of a parcel of land and of
a building or buildings thereon which would normally be used by all
the occupants, together with individual rights of occupancy of a particular
unit or apartment in such building or buildings or on such parcel
of land and may include dwellings, offices and other types of space
in commercial buildings or on property and where the lease, sale,
or exchange of a unit is subject to the agreement of the group of
persons having common ownership. The term "cooperative" includes,
but is not limited to, agricultural cooperatives.
A right-of-way for pedestrian travel across or within a block.
A residential street with access closed at one end and with
a vehicular turnaround at the closed end.
An excavation. The difference between a point on the original
ground and designated point of lower elevation on the final grade.
Also, the material removed in excavation.
A final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code,
as amended, to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations; all decisions shall be
appealable to the Court of Common Pleas of the County and Judicial
District wherein the Township lies.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
The final action by an officer, body or agency charged with
the administration of the present ordinance or applications thereunder,
except the Metal Township Board of Supervisors; all determinations
shall be appealable only to the Board having jurisdiction for such
appeals.
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.
Any land development that, because of its character, magnitude,
or location will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
The provisions for development, including a Planned Residential
Development, a plat of subdivision, all covenants relating to use,
location and bulk or 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.
The flow of water or liquid waste and the methods of directing
such flow.
A minor vehicular cartway providing access between a street
and a parking area or garage within a lot or property.
A building designed for residential purposes and used as
living quarters for one or more persons.
A two story multi-family dwelling containing one story dwelling
unit, under one ownership.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family or a single person.
A building used by three or more families, living independently
of each other and having their own cooking facilities, including apartment
houses.
A building used by one family, having one dwelling unit,
and having two side yards.
A building used by one family, and having two party walls
in common with the other buildings.
A building used by one family, having one side yard, and
one party wall in common with the other buildings.
A building used by two families, with one dwelling unit arranged
over the other having two sides.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and having one party wall in
common with another building.
Any construction or other activity which disturbs the surface
of the land including, but not limited to, excavation, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock, or earth.
A right granted for the use of private land for certain public,
quasi-public or private purposes; also the land to which such right
pertains.
A device used to slow the velocity of stormwater, particularly
at points of concentrated discharge such as pipe outlets.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Metal Township
Board of Supervisors or the Metal Township Planning Commission.
A person registered as a professional engineer by the Commonwealth
of Pennsylvania.
The engineering specifications of the Township regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, including the conditions resulting therefrom.
Any part of a dwelling except a totally below ground basement.
Buildings which have exposed basements shall include the basement
as a finished floor.
Defined by the United States Water Resources Council as areas
adjoining rivers, streams, or watercourses, which in the past have
been covered by floodwaters, or can be reasonably expected to be covered
in the future. Both time frames are important. Identified floodplains
are depicted in the latest edition of the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Mapping for Metal Township.
A floodplain can be divided into two parts:
The floodway is the area closest to the water, and most likely
to be flooded frequently. It is usually considered high hazard area.
A flood prone area lies beyond the floodway. Flood prone areas
are designated by their probability of being flooded; a one-hundred-year
floodplain includes the floodway, and flood prone land adjacent to
it, which has a 1% probability of being flooded each year, and a 100%
probability of being flooded within 100 years. (Of course, these are
only probabilities; one-hundred-year floods could occur in successive
years.)
The difference between the design flow elevation in the emergency
spillway and the top of the settled embankment.
The linear measurement taken along a property's common
boundary with an adjoining street right-of-way, other than that of
a limited access highway.
That which exhibits consistency.
The Metal Township Board of Supervisors.
A natural or man-made drainageway of parabolic, triangular
or trapezoidal cross-section shaped to required dimensions and vegetated
for safe disposal of runoff (also known as a swale).
Any street for which the Township has maintenance responsibility
and which is paved with an approved hardtop surface.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, street lights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, driveways, culverts, and street shade trees.
Those physical additions and changes to the land that may be
necessary to produce usable and desirable lots.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose, including large-scale agricultural
operations and earthmoving activities in excess of one acre, involving:
A group of two 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.
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, cooperatives, building groups or other features.
A subdivision of land; provided, however, that the addition
of an accessory building, including farm buildings less than 8,000
square feet in size, on a lot or lots subordinate to an existing principal
building, shall not constitute a "land development," as defined herein.
A prominent feature of landscape, such as a tree, waterway,
scenic point, etc.
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 the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter; provided however,
that no person shall be entitled to act in the capacity of a landowner
absent without the prior written consent of the legal owner so to
act.
A tract or parcel of land intended for separate development,
use or transfer of ownership.
The area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any street rights-of-way
but including the area of any easement.
No lot shall have a slope measured from the building setback
line to the rear property line in excess of 30% unless the proposed
structure is architecturally justified to the Commission and Township
Supervisors.
The width of a lot measured at the required building setback
line. Unless otherwise noted, the minimum required lot width shall
be measured at the required building setback line and the street frontage.
A lot extending between, and having frontage on, an arterial
street and minor street, and with vehicular access solely from the
latter.
A lot with front and rear street frontage.
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.
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.
A parcel or contiguous parcels of land which has/have been
so designed and improved that it/they contain(s) two or more mobile
home lots for the placement thereon of mobile homes.
Any city of the second class A or third class, borough, incorporated
town, Township of the first or second class, county of the second
class A through eighth class, or any similar general purpose unit
of government which shall hereafter be created by the Pennsylvania
General Assembly; more specifically, Metal Township, Franklin County,
Pennsylvania.
Any individual or group of individuals, partnership or corporation.
The Comprehensive Plan and/or Development Policy Plan (Master
Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan
and/or Official Map or other such Plans, or portions thereof, as may
be adopted, pursuant to statute, for the area of the Municipality
in which the subdivision is located.
An informal plan, not necessarily to exact scale indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision.
A planning commission, planning department, or a planning
committee of the Board of Supervisors or the County, specifically,
the Metal Township Planning Commission and/or the Franklin County
Planning Commission.
The Metal Township Planning Commission, or, in its absence,
the Metal Township Board of Supervisors.
The unpaved portion of a street right-of-way between the
sidewalk pavement and the property line.
The map or plan of a subdivision or land development, whether
preliminary or final; used occasionally herein synonymously with "plan."
A complete and exact subdivision plan prepared for official
recording as required by statute.
A tentative subdivision plan, in less detail than the final
plat, indicating the approximate proposed layouts of a subdivision
as a basis for consideration prior to preparation of the final plat.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter or
the Pennsylvania Municipalities Planning Code, as amended.
Services that are provided to areas with densities of one
or more units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilities
for the pumping and treating of water, parks and open space, streets
and sidewalks, public transportation and other services that may be
appropriate within a growth area, but shall exclude fire protection
and emergency medical services and any other service required to protect
the health and safety of residents.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
A notice published once a week for two successive weeks in
a newspaper of general circulation in the Township; 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.
A public sewer system serving 10 or more properties and owned
and operated by a municipal agency, or a public company controlled
by the Pennsylvania Public Utility Commission, or a homeowners association
registered to do business in the Commonwealth of Pennsylvania.
A water system serving 10 or more properties and owned and
operated by a municipal agency, or a public company controlled by
the Pennsylvania Public Utility Commission, or a homeowners association
registered to do business in the Commonwealth of Pennsylvania.
Set of prints of the original facilities showing those changes
made during the construction process.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motive power or is mounted on or drawn by another vehicle (including
camping trailer, motor home, travel trailer and camper).
A parcel of land under single ownership which has been planned
and improved for the placement of recreational vehicles or camping
equipment for temporary living quarters, for recreational camping
or travel use, on recreational vehicle or campground lots rented for
such use, thereby constituting a "land development."
A parcel of land abutting a street or private road occupied
by one recreational, vehicle or camping equipment for temporary living
quarters, for recreational, camping, or travel use, together with
such open space as is required under the provisions of this chapter
having not less than the minimum area and width required by this chapter
for a recreational vehicle park or campground lot.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
Any subdivision or transfer of land, laid out on a plan which
has been previously approved by the Township Supervisors, which changes
or proposes to change property lines and/or public right-of-way not
in strict accordance with the approved plan.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
Land set aside for public use as a street, crosswalk, or
other common means of communication and travel.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
A public sanitary sewer system or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
agency.
A temporary dam or other barrier constructed across a waterway
or at other suitable locations to intercept the runoff and trap and
retain the sediment.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity, once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A watertight tank in which raw sewage is broken down into
solid, liquid, and gaseous phases to facilitate further treatment
and final disposal.
Any structure designed to eliminate sanitary sewage within
the boundaries of the lot.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
Person appointed by the Township Supervisors and certified
by the Department of Environmental Protection who issues and reviews
permit applications and conducts such investigations and inspections
as are necessary to implement the Pennsylvania Sewage Facilities Act.
The portion of the street, contiguous to cartway, for the
accommodation of stopped vehicles, for emergency parking, and for
lateral support of base and surface courses of the pavement.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is obstructed
by traffic.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
A retention or detention structure.
Any ditch, gutter, culvert, storm sewer, swale, or other
structure designed, intended, or constructed for the purpose of diverting
surface waters from or carrying surface waters off streets, public
rights-of-way, parks, recreational areas, or any part of any subdivision
or contiguous land areas.
The control of runoff to allow water falling on a given site
to be absorbed or retained on site to the extent that after development
the peak rate of discharge leaving the site is not significantly different
than if the site remained undeveloped.
A plan showing all present and proposed grades and facilities
for the conveyance of stormwater runoff.
A strip of land which is intended primarily as a means of
vehicular and pedestrian travel, whether public or private, and which
may also be used as a space for sewers, public utilities, shade trees
and sidewalks.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A person, partnership, corporation or unincorporated association
owning land in the Municipality or the agent of said person, partnership,
corporation, or unincorporated association, for which owner or agent
a land subdivision application is filed and processed under the provisions
of this chapter.
The subdivision 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, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Where, in the judgment of the engineer, at least 90% (based
on the cost of the required improvements for which financial security
was posted pursuant to the provisions of this chapter or other applicable
laws) 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.
A professional surveyor licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land, which gathers or carries surface
water runoff.
Surface soils and subsurface soils that presumably are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A" Horizon.
The Township of Metal, Franklin County, Pennsylvania.
The Supervisors of the Township of Metal, Franklin County.
The attaching of development rights to specific lands which
are desired by the Township to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on the other lands within
the Township where more intensive development is deemed by the Metal
Township Board of Supervisors to be appropriate.
Any lot, tract, or parcel of land, which has not been graded
or in any other manner prepared for the construction of a building.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and includes a proportionate undivided interest
in the common elements, which is assigned to the property, structure
or building.
Any water works, water supply works, water distribution system,
or part thereof designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water, whether natural or man-made.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include, but are not limited to, swamps, marshes, bogs, and similar
areas.
