[Ord. 86-5, 1/14/1987; as amended by Ord. No. 2018-3, 12/12/2018]
A.Â
It is not intended that these definitions include only words used
or referred to in this chapter. The words are included in order to
facilitate the interpretation of this chapter for administrative purposes
and in carrying out of duties by appropriate officers and by the Zoning
Hearing Board.
B.Â
Unless otherwise expressly stated, the following shall, for the purposes
of this chapter, have the meanings herein indicated:
1.Â
Words used in the present tense shall include the past and future
tense.
2.Â
The word "person" shall include a for-profit or nonprofit firm, association,
organization, corporation, company, partnership, trust, or individual
or single proprietorship, or any other similar entity.
3.Â
The words "used" or "occupied," as applied to any land or building,
shall include the words "intended, arranged or designed to be used,
occupied or maintained."
4.Â
The word "building" shall include "part thereof" and "structure."
5.Â
The word "lot" shall include "plot," "parcel" or "tract."
6.Â
The words "shall" and "must" are always mandatory; the words "may"
and "should" are permissive.
7.Â
The singular number shall include the plural, and the plural number
shall include the singular.
8.Â
Words of masculine gender shall include the feminine gender and the
neuter; words of feminine gender shall include the masculine gender
and the neuter.
9.Â
The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C.Â
If a word or term is not defined in this Part, but is defined in Chapter 22 (Subdivision and Land Development), the Chapter 22 definition shall apply in all such cases. If a word or term is not defined by this Part or Chapter 22, but is defined by Chapter 27 (Zoning), the Chapter 27 definition shall apply in all such cases. If a word or term is not defined in this Part, but is defined by Chapter 8 (Floodplains), the Chapter 8 definition shall apply in all such cases. In each case, the most restrictive definition shall apply. If a word or term is not defined by this Part, Chapter 22, Chapter 27, or Chapter 8, the word or term shall have its plain and customary usage and meaning within the context of this section. A standard reference dictionary should be consulted.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1989-4, 6/13/1989;
by Ord. 1989-6, 11/8/1989; by Ord. 2003-5, 5/14/2003; and by Ord.
No. 2018-3, 12/12/2018]
As used in this chapter, the following terms shall have the
meanings indicated:
A flood that, on the average, is likely to occur once every
100 years.
A narrow thoroughfare dedicated or uses for public passageway
up to 20 feet in width, upon which usually abut the rear of the premises,
or upon which service entrances or buildings abut, and is not generally
used as a thoroughfare by both pedestrians and vehicles, is not used
for general traffic, and is not otherwise officially designated as
a street; a way which affords only a secondary means of access to
abutting property.
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, divided into lots, and usually bounded by streets.
The Board of Supervisors of Township of Kingston, Luzerne
County, Pennsylvania.
Any structure having a roof entirely separated from any other
structure by space or by walls in which there are no communicating
doors or windows or any similar opening and erected for the purpose
of providing support or shelter for persons, animals, things or property
of any kind, and anchored to its foundation.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of 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.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land, and
may include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
The County of Luzerne, Pennsylvania.
The Planning Commission of the County of Luzerne.
A local access street intersecting another street at one
end and terminated at the other by a vehicular turnaround.
An excavation; the difference between a point on the original
ground and designed point of lower elevation on the final grade; also,
the material removed in excavation.
The municipal corporation responsible for the collection,
conveyance and disposal of sanitary wastewater at a designated treatment
facility and the maintenance of the sanitary wastewater collection
and conveyance infrastructure located within the corporate limits
of the Township of Kingston.
The Pennsylvania Department of Environmental Protection,
its associated bureaus, and successor agencies.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation
in a 100-year or greater flood as designated by FEMA.
An impoundment facility, structure or basin, together with
its appurtenant works, designed to retard, retain and/or otherwise
manage stormwater runoff by temporarily storing the runoff and releasing
it at a predetermined rate. A detention basin can be designated to
drain completely after a storm event or it can be designed to contain
and maintain a constant, permanent pool of water.
Any landowner, person, partnership, association, corporation
or other for-profit or nonprofit entity, or any responsible person
therein or agent thereof, who makes or causes to be made a subdivision
of land or a land development, or undertakes any of the other regulated
activities identified in this chapter. See also "applicant."
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling; grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; 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.
A stormwater management facility designed to transmit stormwater
runoff, and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to an individual or entity
by which there is allowed (defined) the use of private land for stormwater
management purposes.
The lands 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 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.
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively by one family and having no party wall in common with an adjoining building, including mobile homes with wheels and axle removed and placed on a permanent foundation.
SINGLE-FAMILY ATTACHED DWELLINGA dwelling designed for and occupied exclusively by one family and having no more than two party walls in common with any other dwelling.
QUADRUPLEXFour single-family attached dwellings in one structure in which each dwelling has two open space exposures and shares one or more party walls with adjoining units.
TOWNHOUSEA single-family attached dwelling in a row of at least three such units, in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated from any other by one or more vertical party walls.
TWO-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a dwelling by two families.
TWINA two-family dwelling with one dwelling unit on each side of the vertical party wall.
DUPLEXA two-family dwelling with one dwelling unit located over the other and separated by an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both units.
TWO-FAMILY SEMIDETACHED DWELLINGA dwelling containing two units with one dwelling unit being wholly or partly above the other, which has a party wall in common with an adjacent building, and which may or may not have a common entrance.
MULTIFAMILY DWELLINGA dwelling designed for and occupied exclusively by more than two families.
GARDEN APARTMENTA multifamily dwelling of three stories or less in height, excluding residential conversions.
MID-RISE APARTMENTA multifamily dwelling of four full stories or more in height, excluding residential conversions.
SEASONAL DWELLINGA single-family detached dwelling used for seasonal and temporary living purposes during any season.
DWELLING, TRANSIENTDwellings which are occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which, as a rule, the rooms are occupied singly with a common entrance. This classification includes residential hotels, lodging houses, tourist homes, boardinghouses, furnished rooming houses, guest houses, fraternity houses and dormitories.
DWELLING GROUPOne or more buildings, not more than 2Â 1/2 stories in height, containing dwelling units and constituting two or three sides of a court which opens onto a street.
DWELLING UNITTwo or more rooms used exclusively for occupancy by one person or family, containing living, sleeping, cooking, and bath facilities for the use of and under the control of the occupants.
DWELLING UNIT, ACCESSORYA separate second dwelling unit which may be located within a structure in which the principal use is for a single-family dwelling, provided that such accessory dwelling shall be permitted only if it conforms with the following conditions:
DWELLING UNIT, TEMPORARYA dwelling unit providing complete or partial housekeeping facilities for one family for short-term use.
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 engineer by the Commonwealth of
Pennsylvania.
The engineering criteria of the Township of Kingston regulating
the installation of any improvement or facility. In the absence of
such Township engineering criteria, the applicable standards of the
Luzerne County Subdivision and Land Development Ordinance shall apply.
The movement and/or removal of surface materials and/or soil
particles of the land by the action of natural elements such as water,
wind and ice, or by chemical action.
A plan prepared in accordance with the Commonwealth of Pennsylvania
Department of Environmental Protection (DEP), Office of Water Management,
Erosion and Sediment Pollution Control Program Manual, as may be amended
from time to time, indicating the necessary land treatments and other
methods of implementation designed to effectively minimize accelerated
soil erosion and sedimentation pollution and requiring approval by
the Luzerne Conservation District. "Erosion and sediment control plan"
shall have the same meaning.
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
there from.
An artificial barrier constructed with materials recognized
by the fencing industry to enclose and/or separate areas of land.
Hedges or other similar types of vegetative cover shall not be deemed
to be a fence.
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.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called "the 100-year flood" or "1% annual
chance flood"). The term "base flood" shall have the same meaning.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourses and adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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.
Man-made physical addition, alterations and/or changes which
become part of, placed upon or affixed to real estate and which may
otherwise be necessary to produce usable and desirable lots.
A right-of-way or easement for pedestrian use, extending
from a street into a block or across a block to another street.
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, regardless
of the number of occupants or tenure.
Any nonresidential use of land, with or without structures,
which encompass two or more acres of land, including, but not limited
to, grading or the backfilling of land, earthmoving activities and
removal of vegetative cover. Agricultural uses of land and related
agricultural activities shall be specifically excluded.
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.
An addition to an existing nonresidential building or structure,
excluding agricultural buildings and structures, that equals or exceeds
500 square feet of gross floor area, whether proposed initially or
cumulatively.
The development and/or expansion of a manufactured home park
or campground.
Development in accordance with Section 503(1.1) of the Pennsylvania
(PA) Municipalities Planning Code (MPC), as may be amended from time
to time.[1]
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 a 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.
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.
In the case of a lot abutting upon only one street, the front
lot line is the line separating such lot from such street. In the
case of any other lot, one such line shall be elected to be the front
lot line for the purpose of this chapter, provided it is so designated
by the building plans which meet the approval of the Zoning Officer.
That boundary which is opposite and most distant from the
front lot line. In the case of a lot pointed at the rear, or any odd-shaped
lot, the rear lot line shall be determined by the Zoning Officer.
Any boundary lines not a front lot line or a rear lot line.
A side lot line separating a lot from a street is an exterior side
lot line. A side lot line separating a lot from another lot, or lots,
is an interior side lot line.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of Luzerne
County, Pennsylvania.
A lot abutting upon two or more streets at their intersection.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at a building
setback line.
A lot of record at the time of the adoption of this Part,
which, by reason of area or dimension, does not conform to the requirements
of this chapter.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
Any lot having frontage on two parallel or approximately
parallel streets or other thoroughfares.
Any security, other than cash, which may be accepted by the
Township of Kingston for the maintenance of any improvements required
by this chapter.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Board of Supervisors, which changes or proposes
to change property lines to increase the number of approved lots and/or
public rights-of-way and/or improvements not in strict accordance
with approved plans.
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of Township facilities
or the creation of any public improvements.
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 manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
A 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 surveys and to facilitate the sale of lots.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Board of Supervisors, which changes or proposes
to change property lines for lot additions not large enough to support
development.
Any subdivision containing not more than four lots fronting
on an existing public street, not involving any new street or road,
or the extension of municipal facilities, or the creation of any public
improvements, not adversely affecting the remainder of the parcel
or adjoining property, and not in conflict with any provision or portion
of the Comprehensive Plan, Official Map, this chapter or these regulations,
excluding industrial and commercial subdivision, regardless of size.
A proposed subdivision of a lot of record which resulted from a minor
subdivision shall be classified as a major subdivision when the cumulative
number of lots, from the original lot of record and/or any resulting
lot, exceeds four lots within five years from the date of its approval.
Information stating the above requirement shall be included upon all
deeds for lots created under a minor subdivision.
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 surveys.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[2]
Act of Assembly of July 31, 1968, P.L. 805, as amended, 53
P.S. §§ 10101 through 11202.
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 authorized
under the lease to exercise the rights of the owner, or other persons
having a propriety 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 Board of Supervisors approve 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.
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.
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 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.
The Planning Commission of the Township of Kingston.
A map or plan of a subdivision or use indicating the location
and boundaries of individual properties.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A public forum held pursuant to the Act of October 15, 1998
(P.L. 729, No. 93), known as the "Sunshine Act," 65 P.S. § 701
et seq.
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 not be more than 30 days, and the second publication shall not
be less than seven days, from the date of the hearing.
The 100-year flood elevation plus a freeboard safety factor
of 1Â 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 Township
of Kingston, within 1,000 feet of the proposed subdivision, owning
real estate in his/her own or joint names.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Board of Supervisors, which changes or proposes
to change property lines and/or public rights-of-way not in strict
accordance with approved plan.
Land legally dedicated for public purposes, including, but
not limited to, a street, alley or interior walk.
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 moving wind, water, or 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 line within a property defining the required minimum
distance between any structure and the ultimate adjacent road right-of-way
or front property line, and the line defining side and rear yards
where required.
A system of piping tanks or other facilities serving a lot
and collecting and disposing of sewage in whole or in part into the
soil.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The extent of unobstructed vision, in a horizontal or vertical
plane, along a street, as defined in § 504 of this chapter.
The face of an embankment of cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are 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 streets are those 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 streets are those streets which are defined and classified in Chapter 22, § 504A1(b) hereof.
Local access streets are those used primarily to provide access
to abutting properties.
Marginal access streets are minor streets, parallel and adjacent
to arterial streets, providing access to abutting properties and control
of intersections with the arterial street.
A half or partial street is a street generally parallel and
adjacent to a property line having a lesser right-of-way width than
normally required for satisfactory improvements and use of the 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 resubdivision 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 Township 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 with 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."
The Township of Kingston, Luzerne County, Pennsylvania, also
known as "Kingston Township."
A registered professional engineer by the Commonwealth of
Pennsylvania, Kingston Township, will designate the Township Engineer.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
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.
Any water works, 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 Township.
A permanent or intermittent stream, river, brook, creek or
channel or ditch for collection and conveyance of stormwater runoff,
whether natural or man-made; a defined channel bed in which runoff
flows in a definite direction or course; includes millrace, canal,
conduit, gully, ravine or wash and any area adjacent thereto subject
to inundation by reason of overflow of floodwaters.
