Unless otherwise expressly stated, the terms set forth
in this article shall have the meaning indicated. Words in the singular
include the plural, and words in the plural include the singular.
The word "person" includes a corporation, unincorporated association,
partnership and individual. The word "building" shall be construed
as if followed by the words "or part thereof." The word "watercourse"
includes channel, creek, ditch, drain, dry run, spring and stream.
The word "may" is permissive; the words "shall" and "will" are mandatory.
APPLICANT
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns.
CARTWAY
The paved portion of a road intended for vehicular use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at road intersections defined
by lines of sight between points at a given distance from the intersection
of road center lines.
COUNCIL
The Council of the Township of Middletown.
CUL-DE-SAC
A minor road intersecting another road at one end and terminated
at the other by a vehicular turnaround.
DEVELOPER
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 land development.
EASEMENT
A right-of-way granted but not necessarily dedicated for
a limited use of land for public or private purposes.
HALF STREET
A road along the perimeter of a subdivision or land development
which does not comply with the road width requirements contained in
this chapter.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce usable and desirable subdivisions and land
developments, including but not limited to public improvements.
LAND DEVELOPMENT
Any of the following activities described in Subsections
(1) and (2) below, but excluding any activities described in Subsection
(3) below:
(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 tenure; 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.
(3)
The addition of a single accessory building,
including farm buildings, on a lot or lots subordinate to an existing
principal building if, and only if, all of the following criteria
are met:
(a)
The use of the proposed accessory building will
be other than residential; and
(b)
The lot area of the lot on which the accessory
building is to be placed is 10 acres or larger; and
(c)
The proposed accessory building does not exceed
1,000 square feet in gross floor area and the total cumulative gross
floor area of the proposed accessory building and all other accessory
buildings previously exempted from the definition of land development
pursuant to this section does not exceed 2,500 square feet; and
(d)
The height of the proposed accessory building
does not exceed 35 feet.
LANDOWNER
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 purpose of this chapter.
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.
MINOR SUBDIVISION
A subdivision of four or fewer lots for residential use which
will not involve the installation of public improvements.
NEW RESIDENTIAL ACREAGE
The total acreage in the development, minus the area devoted
to roads and parking compounds.
OPEN SPACE
That area in a subdivision or land development intended for
the use of enjoyment of its residents as a recreational area, including
dedicated and undedicated parcels of land.
PLAN
The plan of a subdivision or land development, whether a
sketch, preliminary or final.
(1)
FINALA complete and exact subdivision or land development plan prepared for final review as required by this chapter to define property rights, streets and other proposed improvements.
(2)
PRELIMINARYA tentative subdivision or land development plan, in lesser detail than a final plan, prepared for preliminary review as required by this chapter.
(3)
RECORDA copy of that portion of the final plan which contains the layout of the lots in the development and the location of all open space, existing and proposed public improvements and easements therefor and the original endorsement of Township Council and which is intended to be recorded with the Recorder of Deeds for the County of Delaware.
(4)
SKETCHA subdivision or land development plan prepared for review prior to the more formal preliminary plan procedure.
PLANNING COMMISSION
The Planning Commission of Middletown Township, Delaware
County, Pennsylvania.
PUBLIC IMPROVEMENTS
"Public improvements" shall include but not be limited to
gutters, sidewalks and other pedestrian walkways, bicycle paths, public
driveways driveway aprons, bridges and culverts, drainage facilities,
stormwater detention and retention basins, roadway underdrains, public
sanitary sewers, public water distribution systems, fire hydrants,
streetlighting, street and traffic signs, traffic control devices,
shielding or protective fencing, guardrails, refuse collection stations,
public parking areas, monuments, grading and clearing, landscaping
and tree planting within public areas, dedicated recreational facilities,
park areas and community facilities.
PUBLIC NOTICE
Notice published once each 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on two generally
parallel roads with vehicular access from only one road.
ROAD
A strip of land, including the cartway and all unpaved areas
between the cartway and adjacent lots, intended primarily as a means
of vehicular and pedestrian travel which may also be used to provide
space for sewers, public utilities and walkways. Roads shall be designed
according to the volume of average daily traffic. The word "road"
shall include a street.
ROAD LINE
The dividing line between the road and adjacent lots. The
road line is the same as the right-of-way line in situations where
an easement or a right-of-way has been provided for a road.
SIGHT DISTANCE
The length of a roadway visible to the driver of a vehicle
at any given point on the roadway when the view is unobstructed by
traffic.
STORMWATER
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
SUBDIVISION
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, conveyance or other 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 of any residential dwelling, shall be exempted.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.