[Amended 1-3-1995 by Ord. No. 1995-3]
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 words as used in this
chapter shall have the meaning indicated below:
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative 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.
An area bounded by three streets.
The paved portion of a street right-of-way intended for vehicular
use.
A line of unobstructed vision from a point 4 1/2 feet
above the center line of a street to the nearest point on the top
of an object four inches high on the same center line.
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 center lines.
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.
For the purposes of this chapter, the definition of a "condominium"
shall be the same as that set forth in the Uniform Condominium Act
in § 3103, 68 Pa.C.S.A. § 3103.
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.
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.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
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 right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such right pertains.
The Borough Engineer or any consultant designated by the
Borough Council to review a subdivision plan and perform the duties
of engineer on behalf of the Borough.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
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.
A subdivision of land.
"Land development" does not include development
which involves:
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;
The addition of an accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building; or
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.
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.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly 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 been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
The unpaved portion of a street right-of-way between the
sidewalk pavement and the property line.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[2]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Land set aside for public use as a street, crosswalk, or
other common means of communication and travel.
A public sanitary sewer system, or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
agency.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, however, that the division 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 Borough Engineer, at least
90% (based of the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
