Unless otherwise expressly stated, the following terms shall,
for the purposes of these regulations, have the meanings indicated.
A.
Words in the singular include the plural and those in the plural
include the singular.
B.
Words in the present tense include the future tense.
C.
The words "person," "developer," "subdivider" and "owner" include
a corporation, unincorporated association, a partnership or other
legal entity, as well as an individual.
D.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
E.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
F.
The word "City" means City of Lock Haven, Clinton County, Pennsylvania.
G.
The term "City Council" means the City Council of the City of Lock
Haven.
H.
The term "Planning Commission" means the Planning Commission of the
City of Lock Haven.
As used in this chapter, the following terms shall have the
meanings indicated:
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 before start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan, or for the
approval of a development plan.
A unit of land bounded by streets or by a combination of
streets and public land, rail rights-of-way, waterways or any other
barrier to the continuity to development.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
A subordinate structure on the same lot as the principal
or main building or use occupied or devoted to a use incidental to
the principal use.
A line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located.
That area of a street within which vehicles are permitted,
including travel lanes and parking areas, but not including shoulders,
curbs, sidewalks or swales.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Zoning Officer.
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 area and areas set aside for public facilities.
A composite of one or more written or graphic proposals adopted
by the City Council in agreement with the Pennsylvania Municipalities
Planning Code and designated as a Comprehensive Plan for the continuing
development of the City.
The Planning Commission of Clinton County, Pennsylvania.
The City official charged by the City Manager with the responsibility
of administering the subdivision application submission procedure.
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.
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 lands required for the installation of stormwater sewers
or drainage ditches 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 building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling," "multifamily dwelling" or "dwelling group" shall not include
automobile court, boarding house, hotel/motel or bed-and-breakfast.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to real estate.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of Act 170,
Pennsylvania Municipalities Planning Code, as follows:[1]
Provisions for the exclusion of certain land development from
the definition of land development only when such land development
involves:
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of building or rides within the confines
of an enterprise which would be considered an amusement park. For
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 property authorities.
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 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 person having a proprietary interest in land.
A strip of land, together with a specified type and amount
of natural or planted vegetation required for all off-street parking
areas/lots containing more than five parking spaces and all loading
spaces.
A designated parcel, tract or area of land established by
plat, subdivision or otherwise as permitted by law and to be used,
developed or built upon as a unit.
The area contained within the lot lines of a lot, excluding
space within all streets and within a permanent drainage easements,
but including the areas of all other easements.
A lot or parcel 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 distance measured from the front lot line to the rear
lot line.
That portion of the lot that is covered by buildings and
structures.
The length of the front lot line measured at the street right-of-way.
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
street.
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 line.
Any lot line other than a front or rear lot line.
A through lot which is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot which fronts upon two parallel streets other than an
alley, or which fronts upon two streets which do not intersect at
the boundaries of the lot.
The horizontal distance between the sidelines 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.
Any security which may be accepted by the City Council to
assure that necessary improvements will be kept in good condition
and will function as required for a period of one year after completion
of construction and installation, including corporate bonds, escrow
agreements and other similar collateral or surety agreements.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A stone or concrete monument with a flat top at least four
inches in diameter or square with bottom sides or radius at least
two inches greater than the top. The monument shall contain a steel
dowel and be at least 30 inches in length.
The City Map adopted by ordinance that conclusively shows
the locations of, and width of, existing and proposed streets, public
facilities and public areas, and drainage rights-of-way.
Any security that may be accepted by the City Council as
a guarantee that improvements required as part of an application for
development are satisfactorily completed.
The map or plan of a subdivision or land development.
The final map of all or a portion of a subdivision or land
development prepared for official recording as required by this chapter,
presented for final approval.
A preliminary map indicating the proposed layout of the subdivision
or land development which is submitted for consideration and preliminary
approval.
The copy of the final plan that contains the original and/or
segments of the County Planning Commission and the City Planning Commission
and which is intended to be submitted with the County Recorder of
Deeds.
An informal sketch map of a proposed subdivision or land
development indicating existing features of a tract and its surroundings
and the proposed subdivision or land development to be used for the
purpose of discussion and classification.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the City. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The replatting or resubdivision of lots or the relocation
of lot lines of any lot or lots on approved final or recorded plats,
as specified in this chapter. Other replattings shall be considered
as constituting a new subdivision of land.
The total width of any land reserved or dedicated as a street,
sidewalk or for other public or semipublic purposes.
That portion of rainfall, melted snow or irrigation water
that flows across ground surface and is eventually returned to streams.
Any structure designed to treat sanitary sewage within the
boundaries of the lot.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant, generally serving a portion of a municipality or municipalities
and operated by a governmental agency, governmental authority or public
utility company.
The required length of roadway visible to the driver of a
motor vehicle at any given point on the roadway when the view is unobstructed
by traffic. Sight distance measurements shall assume the height of
the driver's eye to be 3.75 feet above the roadway and the height
of the object to be 0.5 feet.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Any vehicular way, including the entire right-of-way, which
is intended for use as a means of circulation to provide access to
one or more lots. The word "street" includes street, avenue, boulevard,
road, highway, freeway, parkway, alley and any other ways used or
intended to be used by vehicular traffic or pedestrians, whether public
or private or improved or unimproved.
Any street not belonging to or accepted by the City which
is the responsibility of the adjacent landowner to maintain and improve.
Any street belonging to or accepted by the City for which
the City is responsible for maintenance and improvements.
The limit of a right-of-way.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water.
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, petition 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.
Any subdivision which is not classified a minor subdivision.
Any subdivision containing not more than three lots running on an existing street, not involving any new street or road and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Chapter 410, Zoning, or this chapter.
The combination or recombination or previously platted lots on an existing street where the total number of lots is not increased and the resultant lots comply with Chapter 410, Zoning.
The division of any tract of land in an undivided ownership into two parcels for the purpose of transfer of ownership, where the area conveyed is less than 6,000 square feet and where both resultant combination of lots comply with Chapter 410, Zoning.
Where, in the judgment of the City Engineer, at least 90%
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 permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water, whether natural or man-made.
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 410, Zoning.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
