Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings indicated. Words
in the singular include the plural, and the words in the plural include
the singular. The word "person" includes a corporation, unincorporated
association and a partnership as well as an individual or any other
legal entity. The words "shall" and "will" are mandatory; the word
"may" is permissive. An "agency" shall be construed to include its
successors or assigns. Words not defined in this article or the Pennsylvania
Municipalities Planning Code (MPC)[1] shall have the common meaning given to them.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building, incidental to, and located on, the
same lot as the principal building. Such buildings are utilized for
purposes subordinate to and incidental to the principal building's
use.
Any agricultural use, including farming, dairying, pasturage,
horticulture, aquiculture, floriculture, viticulture, capriculture,
animal and poultry husbandry and forestry, including the harvesting
of timber.
A deeded covenant between landowners and the Township of
Shirley.
Any agricultural use with a concentration of animals meeting
the state or federal definitions of “concentrated animal feeding
operation (CAFO),” 1,000 animal equivalent units per acre, or
“concentrated animal operation (CAO),” 300 animal equivalent
units per acre.
A passage of way open to public travel which affords generally
a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his or her heirs, successors
and assigns. (MPC[1])
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the 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. (MPC[2])
The approval body shall be the Board of Supervisors of Shirley
Township, Huntingdon County, Pennsylvania.
A parcel of land bounded by streets, railroad rights-of-way,
waterways, parks, unsubdivided acreage or a combination thereof.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals or property.
An imaginary line located a fixed distance from the front
line (yard line) of the lot and interpreted as being the nearest point
that a building may be constructed to the front lot line (see “yard,
front”). The building line shall limit the location of porches,
patios and similar construction, steps excepted, to the face of this
line. Said line is a specified distance from, and generally parallel
to, the street right-of-way or abutting lot lines.
The improved surface of a street or alley designed for vehicular
traffic. Does not include shoulders or surface outside the gutter
line.
A triangular 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 building, or group of buildings, in which dwelling units,
offices or floor areas are owned individually, and the structure,
common areas and facilities are owned by all the owners on a proportional,
undivided basis or by a separate managing entity.
A street open to traffic at one end and terminating at the
other in a vehicular turnaround.
An excavation. The difference between a point on the original
ground and a 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.
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. (MPC[3])
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, storm sewers,
drains, improvements to watercourses, sidewalks, street signs, crosswalks,
shade trees, seeding, sodding, monuments or other property markers,
water supply facilities, and sewage facilities; filling, grading,
excavation, mining, dredging, or drilling operations, in the subdivision
of land, when conducted within the context of subdivision or land
development activities, as defined by the Pennsylvania Municipalities
Planning Code.[4]
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
the 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.
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.
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.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right granted for limited use of private land for public
and quasi-public purposes including such things as utilities and drainage.
There shall be no structures on any easements granted to Shirley Township
and to any officially created municipal authority.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
Environmentally sensitive areas shall include areas with
slopes of over 25%, floodway areas, unstable soils or geology, riparian
buffers, natural heritage areas and wetland areas. This determination
shall be made based on information available from submitted subdivision
plans, topographic maps, soils reports, the Huntingdon County Comprehensive
Plan, Huntingdon County Conservation District, United States Geologic
Survey, the Pennsylvania Department of Environmental Protection or
other sources.
The displacement of surface materials by the action of natural
elements.
A plan showing all present and proposed grades and facilities
for stormwater, drainage, erosion and sediment controls, and which
is in accordance with this chapter.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and 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 and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
FLOOD PRONE AREAA relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
ONE-HUNDRED-YEAR FLOODA flood having an average frequency of occurrence on the order of once in every 100 years, although the flood may occur in any year.
REGULATORY FLOOD ELEVATIONThe one-hundred-year elevation based upon the information contained in the Official Flood Insurance Study, as prepared by the Federal Insurance Administration.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by materials, grades, contours and topography.
The sum of the gross horizontal areas of a building or structure
(excluding vehicular parking lots) from the exterior face of exterior
walls or from the center line of a wall separating two buildings,
but excluding any space where the floor to ceiling height is less
than six feet.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
Any of the following activities:
The improvements 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; or
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.
For the purposes of this chapter, 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 buildings,
on a lot or lots subordinate to an existing principal building. However,
farm buildings on developments which qualify as CAFOs are not accessory
and are considered land developments.
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 or
she is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land. (MPC[6])
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. (MPC[7])
The total horizontal ground area of a lot expressed in acres
or square feet and computed exclusive of any portion of the right-of-way
of any public or private thoroughfare, street, road, alley or easement
of access of use; but including any easement for essential service.
A lot at the junction of and fronting on two or more intersecting
street rights-of-way.
A measure of intensity of land use that represents the portion
of a site that is impervious (i.e., does not absorb water). This portion
includes, but is not limited to, all areas covered by buildings, parking
areas, driveways, roads, sidewalks, and any area of concrete asphalt,
or similar impervious material.
A lot which abuts streets in both the front, rear and/or
side yards.
A lot which has only a narrow portion connecting a larger
area to a street.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of subdivision regulations, but which fails
to conform to the requirements of the governing ordinance in which
it is located by reasons of such adoption or amendment.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
A mean horizontal distance between the side lot lines measured
at its widest and narrowest points.
Any subdivision not classified as a minor subdivision.
A metal stake pin 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 excavation or extraction of any earth products of natural
mineral deposit, except where such excavation is for purposes of grading
a building lot or roadway or where materials are excavated from and
used solely by the property owner.
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.
(The term does not include recreational vehicles or travel trailers.)
(MPC[9])
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. (MPC[10])
A parcel or contiguous parcels of land which has been so
designated and improved that it contains three or more mobile home
lots for the placement thereon of mobile homes.
When a developer can show that a provision of this chapter
would cause unnecessary hardship if strictly adhered to, and where,
because of topographic or other conditions peculiar to the site, in
the opinion of the Planning Commission a departure may be made without
destroying the intent of such provisions, the Planning Commission
may recommend and the approval body may authorize a modification.
Any modification thus authorized and the reasoning on which departure
was justified shall be entered on the minutes of the approval body.
A modification applies only to the particular subdivision for which
it is granted.
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 low curb with an obtuse slope designed for vehicular crossing
without discomfort or damage.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission. (MPC[13])
An area of ecological significance, documented in a Natural
Heritage Inventory, including one or more of the following classifications:
Biological Diversity Area (BDA), Dedicated Area (DA), Landscape Conservation
Area (LCA).
An individual, partnership, corporation, or other legally
recognized entity.
A complete and exact subdivision plan, mobile home park or
site plan prepared for official recording as required by statute and
this chapter.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988 and such other amendments to same
as may be adopted from time to time.[14]
The Planning Commission of Shirley Township, Huntingdon County,
Pennsylvania. In the absence of a planning commission, the responsibilities
and review activities designated in this chapter for a planning commission
shall be conferred upon the governing body or a planning committee
of the governing body.
The preliminary drawing indicating the proposed layout of
the subdivision, mobile home park or site plan to be submitted to
Shirley Township for consideration, as required by this chapter.
An informal plan indicating salient existing features of
a parcel or development and its surroundings and 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 and surface treatment.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes:
A formal meeting held pursuant to public notice by Shirley
Township or the Shirley Township Planning Commission, intended to
inform and obtain public comment, prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code. (MPC, as amended
for local usage.[15])
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[16]
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. (MPC[17])
A subdivision or land development designed to provide camping,
temporary parking for recreational vehicles or other active recreational
facilities. Examples of such facilities include campgrounds, resorts,
swimming pools, golf courses and similar facilities.
A vehicle primarily designed as temporary living quarters
for recreation, camping or travel, whether self-powered or towed.
Examples of recreational vehicles include travel trailer, camping
trailer, truck camper and motor home.
Replats involve the transfer of land between adjacent lots
where no new building lot is created. No replat may create a lot in
violation or this chapter or of any adopted zoning ordinance. Replats
will be considered as minor subdivisions.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by sewer, water, storm sewer, electric, gas,
telephone and cable system(s).
A vegetated strip of land bordering a stream which provides
filtration of soil, sediments and other pollutants.
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 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, treating and disposing of domestic sewage into
the soil or into waters of this commonwealth or by means of conveyance
to another site for formal disposal.
The extent of unobstructed vision, in a horizontal or vertical
plane, along a street.
The face of an embankment or 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 differences in feet
per 100 feet of horizontal distance.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians whether
public or private. (MPC[18]) Particular types of streets are further defined as follows:
ARTERIALThis class of highway facility is devoted primarily to the task of moving large volumes of comparatively high-speed and long-distance traffic and performs little or no land service function. Arterial highways are defined by the Pennsylvania Department of Transportation Functional Classification Map or shall be by traffic volume, consistent with the Institute of Transportation Engineers standards.
COLLECTORThis class of road serves the internal traffic movement within the Township and connects developed areas with the arterial system. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a local street and accommodate local internal traffic movements. Collector highways are defined by the Pennsylvania Department of Transportation Functional Classification Map or shall be by traffic volume, consistent with the Institute of Transportation Engineers standards.
LOCALThe local street's sole function is to provide access to abutting land.
An imaginary line which passes through the middle of the
right-of-way and the cartway simultaneously, or which is in the center
of the right-of-way in cases where the cartway is not centered in
the right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. (MPC[19])
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. (MPC[20])
A person, employee, organization or corporation designated
by the municipal governing body to administer the Subdivision and
Land Development Ordinance.
A subdivision, as defined by this chapter, for which preliminary and final plans must be submitted because the Planning Commission determines it does not meet the description of "minor subdivision" in § 240-14 of this chapter.
The change of a lot line between two abutting existing parcels
which does not create a new parcel and where such lot line change
is in full compliance with this chapter, the Shirley Township Zoning
Ordinance and related ordinances, rules and regulations of the Township.
A replat shall be treated as a minor subdivision.
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) 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. (MPC[21])
A professional surveyor, licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A temporary circular turnaround at the end of a road which
terminates at or near the subdivision boundary bordering undeveloped
land.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a Township, planning
agency or joint planning commission. (MPC[24])
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 plan to show all existing and proposed fire hydrants, water
and sewer lines, storm sewer lines, gas and electric lines, cable
television facilities and streetlighting.
A permanent stream, intermittent stream, river, brook, creek,
or a channel, drain or ditch for water, whether natural or man-made.
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 Shirley Township.
That portion of a lot which is unoccupied and open to the
sky and extends from the lot line to the yard line.
A yard between an adjacent right-of-way and the building
line and extending for the full width of the lot.
A line within a lot defining the minimum distance between
any building or structure or portion thereof, and an adjacent lot
line. Such line shall be measured at right angles from and parallel
to the corresponding lot line.
A yard between the rear lot line and a line drawn parallel
thereto at such distance therefrom, and extending for the full width
of the lot.
An open yard space between the side lot line and parallel
thereto extending from the front lot line to the rear lot line.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
[2]
Editor’s Note: See 53 P.S. § 10101 et seq.
[3]
Editor’s Note: See 53 P.S. § 10101 et seq.
[4]
Editor’s Note: See 53 P.S. § 10101 et seq.
[5]
Editor’s Note: See 53 P.S. § 10101 et seq.
[6]
Editor’s Note: See 53 P.S. § 10101 et seq.
[7]
Editor’s Note: See 53 P.S. § 10101 et seq.
[8]
Editor’s Note: See 53 P.S. § 10501 et seq.
[9]
Editor’s Note: See 53 P.S. § 10101 et seq.
[10]
Editor’s Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: The Municipalities Authority Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22, § 3. See now 53 Pa.C.S.A.
§ 5601 et seq.
[12]
Editor’s Note: See 53 P.S. § 10101 et seq.
[13]
Editor’s Note: See 53 P.S. § 10101 et seq.
[14]
Editor’s Note: See 53 P.S. § 10101 et seq.
[15]
Editor’s Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: See 65 P.S. § 701 et seq.
[17]
Editor’s Note: See 53 P.S. § 10101 et seq.
[18]
Editor’s Note: See 53 P.S. § 10101 et seq.
[19]
Editor’s Note: See 53 P.S. § 10101 et seq.
[20]
Editor’s Note: See 53 P.S. § 10101 et seq.
[21]
Editor’s Note: See 53 P.S. § 10101 et seq.
[22]
Editor's Note: The Municipalities Authority Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22, § 3. See now 53 Pa.C.S.A.
§ 5601 et seq.
[23]
Editor’s Note: See 53 P.S. § 10101 et seq.
[24]
Editor’s Note: See 53 P.S. § 10101 et seq.
