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:
ALLEY
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
BLOCK
A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways.
BUILDING
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.
CARTWAY or ROADWAY
The portion of a street right-of-way designed or intended for vehicular use.
CLEAR SIGHT TRIANGLE
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.
COMMON OPEN SPACE
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.
CONDOMINIUM AND COOPERATIVE (AN OWNERSHIP ARRANGEMENT AND NOT A LAND USE)
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.
COUNTY
The County of Clearfield.
COUNTY PLANNING COMMISSION
The Planning Commission of the County of Clearfield.
CUT
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.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
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.
DESIGNATED FLOODPLAIN AREA
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.
DETENTION POND
An area in which surface water runoff is temporarily stored pending its release at a controlled rate.
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 a land development.
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.
DEVELOPMENT PLAN
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.
DRAINAGE
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.
DRAINAGE FACILITY
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.
DRAINAGE RIGHT-OF-WAY
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.
DRIVEWAY
A private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLING
A structure or portion thereof which is used exclusively for human habitation.
EASEMENT
A grant for the use of a parcel of land by the public, a corporation, or a person for a specified purpose.
ENGINEER
A registered professional engineer in Pennsylvania designated by the City.
ENGINEERING SPECIFICATIONS
The engineering criteria of the City regulating the installation of any improvement or facility.
EROSION
The process by which the land surface and/or subsurface is worn away by the action of natural elements.
EXCAVATION
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.
FILL
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.
FLOODPLAIN
The area along a natural watercourse which may from time to time be overflowed by water therefrom.
FLOODWAY
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.
GOVERNING BODY
The City of DuBois, Clearfield County, Pennsylvania.
GRADING AND DRAINAGE PLAN
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.
IMPROVEMENTS
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.
INTERIOR WALK
A right-of-way or easement for pedestrian use, extending from a street into a block or across a block to another street.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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.
(2) 
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.
B. 
A subdivision of land.
C. 
"Land development" does not include development, which involves:
(1) 
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.
(2) 
The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
(3) 
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.
A. 
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°.
B. 
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.
C. 
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds.
D. 
LOT, INTERIORA lot, the side lot lines of which do not abut on a street.
E. 
LOT, MINIMUM WIDTHThe minimum lot width at the building setback line.
F. 
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.
G. 
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
H. 
LOT, TRIANGULARA lot having three lot lines, but which does not qualify as a corner lot.
I. 
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.
J. 
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.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARKER
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.
MINOR SUBDIVISION
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.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MONUMENT
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.
MUNICIPAL AUTHORITY
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]
MUNICIPALITIES PLANNING CODE
Act of Assembly of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
MUNICIPALITY
The City of DuBois, Clearfield County, Pennsylvania.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years.
OWNER
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.
PERFORMANCE GUARANTEE
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.
PERSON
An individual, partnership, corporation, or other legally recognized entity.
PLAN, FINAL
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.
PLANNING AGENCY
The Planning Commission of the City of DuBois.
PLAN, PRELIMINARY
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.
PLAN, SOIL EROSION AND SEDIMENTATION CONTROL
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.
PLAN, TENTATIVE
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.
PLAT
A map or plan of a subdivision or land development, whether tentative, preliminary or final.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds trails, paths and other recreational areas and other public areas.
B. 
Sites for school sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
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.
PUBLIC MEETING
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]
PUBLIC NOTICE
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.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESERVE STRIP
A narrow parcel of ground having inadequate area for building purposes, separating a street or a proposed street from other adjacent properties.
RESIDENT PROPERTY OWNER
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.
RESUBDIVISION
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.
RIGHT-OF-WAY
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.
RUNOFF
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.
SEDIMENTATION
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."
SEPTIC TANK
A watertight tank in which raw sewage is broken down into solid, liquid and gaseous phases to facilitate further treatment and final disposal.
SETBACK (BUILDING SETBACK LINE)
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.
SEWER, COMMUNITY
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.
SEWER, INDIVIDUAL
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.
SHOULDER
The portion of a roadway (cartway) between the curb or gutter and the travelway intended for emergency and parking use.
SIGHT DISTANCE
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.
SLOPE
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.
SOIL PERCOLATION TEST
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.
STREET
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.
A. 
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.
B. 
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.
C. 
CUL-DE-SACA minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
D. 
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.
E. 
LOCAL ACCESS STREETSThose used primarily to provide access to abutting properties.
F. 
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with the arterial street.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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, 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.
SUBSTANTIALLY COMPLETED
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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land characterized as a depression used to carry surface water runoff.
TOPSOIL
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.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in any other manner improved.
UNIT
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.
WATERCOURSE
A stream of water, river, brook, creek; a channel or ditch for water, whether natural or man-made.
WATER FACILITY
Any waterworks, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the City.
WETLANDS
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.
[1]
Editor's Note: That Act was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: The Act was repealed and replaced 10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.