Borough of Middletown, PA Article I General Provisions

§ 238-1 Title.

This chapter shall be known as the "Middletown Subdivision and Land Development Ordinance."

§ 238-2 Application of regulations.

A. No subdivision or land development of any lot, tract or parcel of land located in the Borough of Middletown shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities 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 thereon unless and until a final subdivision or land development plat has been approved by the Borough Council, in the manner prescribed herein, and recorded, nor otherwise except in strict accordance with the provisions of this chapter.

B. No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land in a subdivision may be issued; or no building may be erected in a subdivision unless and until:

(1) A final subdivision plat has been approved by Borough Council and recorded in the Office of the Recorder of Deeds for Dauphin County, Pennsylvania; and

(2) Construction of the improvements required in connection therewith has been guaranteed in the manner prescribed herein.

§ 238-3 Definitions; word usage.

A. The following words and phrases, as used in this chapter, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning:

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

BUILDING

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

BUILDING LINE

A line parallel to the front, side or rear lot line, set so as to provide the required yard.

COMMISSION

The Planning Commission of the Borough of Middletown.[1]

DWELLING UNIT

One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities, arranged for occupancy by one family.

ENGINEER

The Borough Engineer of Middletown.

ENGINEERING SPECIFICATIONS

The mandatory technical requirements of the Borough relating to the installation of any required improvements or for any facility subject to public use.

FLOODPLAIN OR 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.

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.

GOVERNING BODY

The Council of the Borough of Middletown.

LAND DEVELOPMENT

Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) 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 type of tenancy; or

(b) 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.

(2) A subdivision of land.

(3) Land development does not include development which involves:

(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(b) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or

(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a 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 the proper authorities.

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 portable, 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.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

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 in accordance with this 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.

REGULATORY FLOOD

A flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.

REGULATORY FLOOD ELEVATION

The one-hundred-year-flood elevation.

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.

(1) ALLEY A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(2) ARTERIAL STREET A major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

(3) COLLECTOR STREET A major street or highway which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

(4) MARGINAL ACCESS STREET A minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

(5) MINOR STREET A street used primarily for access to abutting properties.

(6) STREET WIDTH The shortest distance between the lines delineating the right-of-way of a street.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not public or private.

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, 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 from the requirement of subdivision.

[1] Editor's Note: See also Ch. 58, Planning Commission.

B. The singular shall include the plural, and the masculine shall include the feminine and the neuter.