Words used in the present tense include the future. Words in
the masculine gender include the feminine and the neuter. The singular
includes the plural, and the plural the singular. The word "may" is
permissive.
[Amended 12-1-2004 by Ord. No. 16-2004]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise,
or unless the context clearly indicates otherwise:
Next to or adjacent to, and includes the words "directly
across from streets, natural features, and rights-of-way."
43,560 square feet.
A state of being side by side, next to, adjoining, contiguous
or abutting one to another, and includes the words "directly across
from streets, natural features, and rights-of-way."
The person designated by the Planning Commission who is authorized
to accept and receive subdivision and land development plans and applications
for and on behalf of the Planning Commission.
A public or private right-of-way affording secondary means
of access to abutting property.
A landowner or developer who has filed an application for
a subdivision or land development, including his heirs, successors
and assigns.
The highest elevation, expressed in feet above mean sea level,
of the floodwaters of a one-hundred-year flood, as projected and delineated
upon the most recent official Flood Insurance Rate Map, published
by the Federal Insurance Administration.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity to development.
Any structure built for the support, shelter or enclosure
of persons, animal or property of any kind.
The minimum distance as required in Chapter 500, Zoning, between any building or structure, to the front, rear or side property.
The paved portion of a street or alley designated, intended
or capable of being used for vehicular travel.
An inlet designated to intercept and redirect surface stormwater.
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.
The most recent Comprehensive Plan, and any amendments thereto,
as adopted by the City of Nanticoke.
A building, or group of buildings, in which the units are
owned individually, while the structure, common areas and facilities
are owned by all owners on a proportional and individual basis.
The maps or drawings accompanying a subdivision or land development
plan and showing the specific location and design of improvements
to be installed in accordance with the requirements of this chapter
and in accordance with any terms or conditions as set forth by the
Planning Commission.
Luzerne County, Pennsylvania.
The Luzerne County Planning Commission.
A restriction on the use of land usually set forth in the
deed. A covenant usually runs with the land, and the restrictions
thereunder are binding upon subsequent owners.
An area with one or more of the following characteristics:
A drain, ditch or conduit not incorporated in a closed system
that carries storm drainage water under a driveway, roadway or railroad.
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, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The provisions for development included within an application
for a subdivision and/or land development, including 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, easements and public facilities. The
phrase "development plan" shall mean the written and graphic materials
referred to in this definition.
A portion of the territory of the City within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
An easement required for the installation of stormwater sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having a frontage
on the road.
One or more rooms designed, occupied or intended for occupancy
as separated living quarters, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a family maintaining a household.
DWELLING, SINGLE-FAMILYA detached building arranged or used for occupancy by one family.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
DWELLING, MULTIPLEA building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
A registered professional civil engineer licensed and registered
as such by standards established by the Commonwealth of Pennsylvania.
Last official action of the Planning Commission granting
approval of a subdivision or land development which has been granted
preliminary approval, after all conditions and requirements have been
met, including, as applicable, the installation of all required improvements
or the posting of an improvement bond to guarantee the installation
of such.
A temporary condition of partial or complete inundation of
normally dry land areas occurring from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff and surface waters
from any source.
The portion of a one-hundred-year floodplain outside of the
floodway, as delineated upon the most recent Flood Hazard Boundary
Maps as published by the Federal Insurance Administration.
The most recent map, as published by the Federal Insurance
Administration, which delineates the boundaries of the floodway and
flood fringe of a one-hundred-year floodplain.
The most recent map, as published by the Federal Insurance
Administration, which delineates areas of special flood hazards, base
flood elevations and applicable risk premium zones of a one-hundred-year
floodplain.
Areas of land which are subject to inundation by waters of
a one-hundred-year flood. The source of delineating the boundaries
of a one-hundred-year floodplain shall be based upon the most recent
maps of the Flood Insurance Administration.
A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding for the reduction
or elimination of flood damage to properties, water and sanitary facilities
and other utilities, structures and the contents of buildings.
The portion of a one-hundred-year floodplain, as delineated
upon the most recent Flood Hazard Boundary Maps as published by the
Federal Insurance Administration, which is designated to carry and
discharge water and flow of a one-hundred-year flood without increasing
the water surface elevation by more than one foot at any given point.
The City Council of the City of Nanticoke.
The slope of a road, street or other public or private way
specified in percentage terms.
Any stripping, gutting, filling, stockpiling of earth or
land, including the land in its cut or filled condition.
A permit, issued by the Pennsylvania Department of Transportation,
which authorizes access from a parcel of land onto a street or highway
which is under the jurisdiction of the Pennsylvania Department of
Transportation.
A community association, other than a condominium association,
which is organized in a development in which individual owners share
common interests in open space or facilities.
A study, which may be required by the Planning Commission
prior to preliminary or conditional approval of a subdivision or land
development, to determine the potential impact of a proposed development
on activities, utilities, traffic generation and circulation, surrounding
land uses, community facilities, environmental features, critical
areas, the health, safety and welfare of residents and other factors
directly, indirectly or potentially affected. The landowner and/or
applicant shall be responsible for all costs related to any and all
reports and/or studies required by the Planning Commission under or
within the context of the term "impact analysis." The landowner and/or
applicant shall also be responsible to fully reimburse the City for
any engineering and/or other consulting fees which are incurred for
the review of any required studies or reports.
Financial security which may be accepted by the City in lieu
of a requirement that certain improvements be completed by a developer
before a plat is approved; including a letter of irrevocable credit,
a cash deposit, an escrow agreement or other similar collateral or
surety agreements as approved by the Planning Commission upon the
advice of its Solicitor and/or that of the City's Solicitor.
Man-made physical additions, alterations and/or changes which
become part of, are placed upon or are affixed to real estate.
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, a single nonresidential
building on a lot or lots with two or more occupants regardless of
their tenure, or a single nonresidential building, designed or intended
for a single occupant, with a minimum gross floor area of not less
than 10,000 square feet and/or located upon a lot or parcel containing
a minimum land area of not less than one acre.
Any nonresidential use of land, with or without structures,
which encompasses five or more acres of land.
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.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into more than three residential
units. Any conversion, described above, which results in not more
than three residential units shall be deemed as a land development
if the units are intended to be a condominium.
The development of a mobile home park or the expansion of an
existing mobile home park within the context of the definition of
said term as contained within this chapter.
A single residential structure containing 10 or more residential
units.
A land development which does not qualify or classify as
a minor land development.
A development of a parcel of land which contains not more
than three detached single-family residential structures, whether
developed initially or cumulatively.
A person who is licensed and registered by the Commonwealth
of Pennsylvania, which qualifies said person to perform accurate field
measurements including the description and definition of land boundaries.
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 persons having a proprietary interest in land, shall be deemed
to be a "landowner" for the purpose of this chapter.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law, to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
That portion of the lot that is covered by buildings and
structures.
The distance measured from the front lot line to the rear
lot line.
The length of the front lot line measured at the street right-of-way
line.
A lot other than a corner lot.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line, or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
The smallest lot area established by Chapter 500, Zoning, on which a use or structure may be located in a particular zoning district.
A lot which fronts upon two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of the lot.
A transportable, single-family dwelling intended for permanent
occupancy and contained in one unit or two units designed to be joined
into one integral unit, 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 with or without
a permanent foundation when connected to required utilities.
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, which is leased or rented
by the park owner to the occupants of the mobile home erected on the
lot.
A site with required improvements and utilities for the long-term
placement of mobile homes, which may include services and facilities
for the residents.
A development project that is to be constructed in stages,
each stage being capable of existing independently of the others.
The City of Nanticoke, Luzerne County, Pennsylvania.
The pattern of surface water and stormwater drainage from
a particular site before the construction or installation of improvements
or prior to any regrading.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance,
but which fails by reason of such adoption, revision or amendment
to conform to the present requirements of the zoning district.
A structure or building, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
the Zoning Ordinance, but which fails by reason of such adoption,
revision or amendment to conform to the present requirements of the
zoning district.
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance but which fails, by
reason of such adoption, revision or amendment, to conform to the
present requirements of the zoning district.
The City Map adopted by ordinance, conclusively showing the
location of the lines of existing and proposed public streets, watercourses
and public grounds, including the widening, narrowing, extension,
diminution, opening or closing of the same, for the entire City.
Soil survey maps of Luzerne County, as provided by the Luzerne
County Conservation District.
The written description of soil types and their characteristics
and accompanying maps based upon soil survey maps of Luzerne County
as provided by the Luzerne County Conservation District.
A flood that, on the average, is likely to occur once every
100 years and has a one-percent chance of occurring each year.
The areas within the City that have a one-percent chance
of being flooded in any given year based upon the most recent data
and maps as provided by the Federal Insurance Administration.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include complementary structures and improvements which are
deemed appropriate to the development.
This chapter and any amendments thereto.
An individual, partnership, organization, association, trust
or corporation. When used in a provision, "person" shall include the
members of such partnership, the trustees of such trust, and the officers
of such organization, association or corporation.
The map or plan of a subdivision or land development:
PRELIMINARY PLANThe preliminary drawings and any accompanying data which accurately show the proposed layout of lots, streets and other information as required by this chapter, with all such material being properly indicated in title as "preliminary plan."
FINAL PLANA complete and exact plan prepared for official recording with the Luzerne County Recorder of Deeds, as required by this chapter, with said plan being properly indicated in title as "final plan."
The Planning Commission of the City of Nanticoke.
A formal meeting held pursuant to public notice by the City
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action on a particular subject.
A 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.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved therein for public use or any lot line or if it affects any
map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
A structure constructed to hold back or support an earthen
bank.
A defined and designated area for vehicular or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane or alley, and including both cartway
and shoulders.
Pipes that carry only domestic or commercial sewage and into
which stormwater, surface water and groundwater are not intentionally
admitted.
The depositing of earth or soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
An underground system with a septic tank used for the decomposition
of domestic wastes, in which bacteria in the wastes decompose the
organic matter and the sludge settles to the bottom. The effluent
flows through drains into the ground. Sludge is pumped out at regular
intervals.
A watertight receptacle that receives the discharge of sewage
from a building, sewer or part thereof and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter, and discharge of the liquid portion into a disposal
area.
A means of collecting sanitary sewage from individual lots
by a system of pipes which transports the sewage to a central treatment
and disposal system, with all aspects of the system being constructed
and operated in compliance with all governing federal, state, county
and City regulations.
A structure designed to biochemically treat sewage within
the boundaries of an individual lot.
A plot or parcel of land or combination of contiguous lots
or parcels of land.
A plan that indicates necessary land treatment measures,
as approved by the Luzerne County Conversation District, designed
to effectively minimize soil erosion and sedimentation.
A pipe that collects and transports rainwater, surface water
and other liquid waste exclusive of sewage.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
parkway, drive, lane, boulevard, highway, road and alley.
ARTERIALDesigned primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with restricted vehicular access to abutting properties.
COLLECTOR STREETDesigned to carry a moderate volume of traffic between local streets and arterials and provide only limited vehicular access to the abutting properties.
LOCAL STREETProvide direct access to abutting properties and provide routes to collector streets.
CUL-DE-SACA minor or local street with a single common ingress and egress and with a turnaround located at its end.
DEAD END STREETA street with a single common ingress and egress.
LIMITED ACCESSA street designed to carry a high volume of traffic and usually designated as an expressway, freeway, highway or boulevard. Owners or occupants of abutting property normally have no expressed or legal right to access to or from the same.
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 redividing 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.
SUBDIVISION, MAJORAny subdivision which does not qualify or classify as a minor subdivision.
SUBDIVISION, MINORA subdivision of a parcel of land into not more than six lots, which has frontage along an existing street, which does not adversely affect the remainder of the parcel or adjoining property, and not involving or requiring any of the following:
The point at which, in the judgment of the Municipal Engineer,
at least 90% of those improvements required as a condition for final
approval, based upon the cost of the posted financial security, 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 permanent or intermittent stream, river, brook, creek or
channel or ditch for collection and conveyance of water, whether natural
or man-made.
The upper surface of groundwater or that level below which
the soil is seasonally saturated with water.
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, wetlands areas listed in the State Water Plan, the
United States Forest Service Inventory of Pennsylvania, the Pennsylvania
Coastal Management Plan and any wetland area designated by a river
basin commission.
An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in Chapter 500, Zoning.
FRONT YARDA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
REAR YARDA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
SIDE YARDA space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
An administrative officer authorized to administer the literal terms and provisions of Chapter 500, Zoning.
The Zoning Ordinance of the City of Nanticoke; Chapter 500, Zoning.
A permit issued indicating that a proposed use, building or structure is in accordance with Chapter 500, Zoning, which authorizes an applicant to proceed with said use, building or structure.
