Unless otherwise expressly stated, the following words shall
for the purpose of this chapter have the meanings herein indicated.
The present tense shall include the future; the singular number shall
include the plural; words used in the masculine gender shall include
the feminine and the neuter; the word "shall" is always mandatory;
the word "may" is always permissive.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
A public or private right-of-way having a right-of-way width
of 20 feet or less, which affords secondary means of access to the
rear or side of abutting properties and is not intended for general
traffic circulation. Regardless of whether an alley is given a street
name, no main building shall have its frontage on an alley. An alley
may also be known as a court, place or lane.
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.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or waterways.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of persons, animals
or chattels, and including covered porches or bay windows and chimneys.
The portion of a street right-of-way designed or intended
for vehicular use.
A triangular area of unobstructed vision at street intersections,
having as its sides two perpendicular street lines and a line established
between a point on each street line a given distance from the intersection.
A parcel 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.
A method of ownership which, when applied to a multifamily
dwelling, provides for separate ownership for each unit, title of
which shall consist of ownership of the unit together with an undivided
interest in the common elements.
The County of Clearfield.
The Planning Commission of the County of Clearfield.
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.
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments and/or agencies, as may from time
to time be established, or such department or departments as may in
the future succeed it.
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation in a one-hundred-year flood as designated in Chapter 450, Zoning, of the Code of the City of DuBois, as amended.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
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 man-made change to improved or unimproved real estate,
including but not limited to the construction or placement of buildings
or other structures, mobile homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
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 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.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
The land required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
A structure or portion thereof which is used exclusively
for human habitation.
A grant for the use of a parcel of land by the public, a
corporation, or a person for a specified purpose.
A registered professional engineer in Pennsylvania designated
by the City.
The engineering criteria of the City regulating the installation
of any improvement or facility.
The process by which the land surface and/or subsurface is
worn away by the action of natural elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation of the final grade. The material
used to make fill.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude.
The City of DuBois, Clearfield County, Pennsylvania.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours, and topography.
Those physical additions, installations and changes required
to render land suitable for the use intended, including but not limited
to grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and street shade
trees.
A right-of-way or easement for pedestrian use, extending
from a street into a block or across a block to another street.
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.
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.
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.
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.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersects at an angle of less than 135°.
LOT, DEPTHThe mean distance from the right-of-way line of the lot to its opposite rear line measured in a direction parallel to the side lines of the lot. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds.
LOT, INTERIORA lot, the side lot lines of which do not abut on a street.
LOT, MINIMUM WIDTHThe minimum lot width at the building setback line.
LOT, REVERSE FRONTAGEA lot which abuts upon both a street and either an arterial or a collector street, with vehicular access solely from the former.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT, TRIANGULARA lot having three lot lines, but which does not qualify as a corner lot.
LOT, WIDTHThe distance measured between the side lot lines, at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
LOT, NONCONFORMINGA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A wood or metal stake placed to designate the boundary and
corners of lots in the subdivision of land for the purpose of reference
in land and property survey and to facilitate the sale of lots.
The subdivision of land into not more than two parcels located on an existing improved street that does not involve installation of improvements as required by this chapter; extension of utilities; frontage on an arterial or collector street; adverse effect to the development of the remaining parcel; adverse effect to adjoining properties; and conflict with the City's Comprehensive Plan, Chapter 450, Zoning, of the Code of the City of DuBois, any portion of this chapter or other state, county or City's ordinances, laws or regulations.
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 been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A concrete, stone or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
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]
Act of Assembly of July 31, 1968, P.L. 805, as amended, 53
P.S. § 10101 et seq.
The City of DuBois, Clearfield County, Pennsylvania.
A flood that, on the average, is likely to occur once every
100 years.
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 owner, or
other persons having a proprietary interest in the land, shall be
deemed to be an owner for the purpose of this chapter.
Any security which may be in lieu of a requirement that certain
improvements be made before the City Council approves a final subdivision
or land development plan, including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
An individual, partnership, corporation, or other legally
recognized entity.
A complete and exact subdivision plan or land development
plan, prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
The Planning Commission of the City of DuBois.
A tentative subdivision plan or land development plan, in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
A plan for controlling erosion and sediment during construction,
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
An informal plan, subdivision or land development plan, not
necessarily to scale, indicating salient existing features of a tract
and its surroundings and the general layout of the proposed subdivision.
A map or plan of a subdivision or land development, whether
tentative, preliminary or final.
Includes:
A formal meeting held pursuant to public notice by the City
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 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 narrow parcel of ground having inadequate area for building
purposes, separating a street or a proposed street from other adjacent
properties.
Any individual maintaining a voting address in the City within
1,000 feet of the proposed subdivision, owning real estate in his
own or joint names.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the City Council, which changes or proposes to
change property lines and/or public right-of-way not in strict accordance
with approved plan.
A corridor of land set aside for use, in whole or in part,
by a street or for legal right of passage over another person's land.
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.
The process by which mineral or organic matter is accumulated
or deposited by the movement of wind and water, or by 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.
The minimum distance that a building must be set back from
an adjacent lot line, depending on the zoning district in which the
lot is located.
A system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more
lots, and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
A system of piping tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of the commonwealth or by means of conveyance
to another site for final disposal.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The unimpeded view a vehicle operator has along the street
he is traveling or the street he is entering or crossing, such distance
related to driver reaction time and posted speed limits and assuming
the operator's eye level is between two feet, six inches and eight
feet above the pavement.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon slopes, 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.
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.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETSThose which give minimal emphasis to travel mobility, which is characterized by low travel speeds, full land access, neighborhood penetration, and which serve minor traffic generators such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal or minor arterials.
CUL-DE-SACA minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
LOCAL ACCESS STREETSThose used primarily to provide access to abutting properties.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
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 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 City Engineer at least 90% (based
on 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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Surface soils and subsurface soils which normally 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.
Any lot, tract or parcel of land which has not been graded
or in any other manner improved.
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.
A stream of water, river, brook, creek; a channel or ditch
for water, whether natural or man-made.
Any waterworks, 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 City.
Those areas that are inundated or saturated by surface water
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, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission.
