As used in this chapter, the following terms shall have the meanings indicated:
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery 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.
BLOCKA 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.
BUILDINGAny 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.
BUILDING, ACCESSORYA 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.
BUILDING, LINEA 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.
CARTWAYThat area of a street within which vehicles are permitted, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks or swales.
CLEAR SIGHT TRIANGLEA 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.
COMMON OPEN SPACEA 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.
COMPREHENSIVE PLANA 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.
DESIGNATED CITY OFFICIALThe City official charged by the City Manager with the responsibility of administering the subdivision application submission procedure.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLANThe 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.
DRAINAGE RIGHTS-OF-WAYThe 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.
DWELLINGA 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.
EASEMENTA 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.
IMPROVEMENTSAny man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
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.
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:
(a) 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.
LANDOWNERThe 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.
LOTA 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.
LOT AREAThe 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.
LOT, CORNERA 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°.
LOT, DEPTHThe distance measured from the front lot line to the rear lot line.
LOT COVERAGEThat portion of the lot that is covered by buildings and structures.
LOT FRONTAGEThe length of the front lot line measured at the street right-of-way.
LOT LINEA 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.
LOT LINE, REARThe 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.
LOT, REVERSE FRONTAGEA through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
LOT, THROUGHA 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.
LOT WIDTHThe 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.
MAINTENANCE GUARANTEEAny 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.
MEDIATIONA 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.
MONUMENTA 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.
OFFICIAL MAPThe 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.
PERFORMANCE GUARANTEEAny 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.
PLATThe map or plan of a subdivision or land development.
PLAT, FINALThe 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.
PLAT, PRELIMINARYA preliminary map indicating the proposed layout of the subdivision or land development which is submitted for consideration and preliminary approval.
PLAT, RECORDThe 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.
PLAT, SKETCHAn 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.
PUBLIC NOTICENotice 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.
RESUBDIVISIONThe 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.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, sidewalk or for other public or semipublic purposes.
RUNOFFThat portion of rainfall, melted snow or irrigation water that flows across ground surface and is eventually returned to streams.
SANITARY SEWAGE DISPOSAL, PUBLICA 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.
SIGHT DISTANCEThe 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.
SLOPEThe degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
STREETAny 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.
STREET, PRIVATEAny street not belonging to or accepted by the City which is the responsibility of the adjacent landowner to maintain and improve.
STREET, PUBLICAny street belonging to or accepted by the City for which the City is responsible for maintenance and improvements.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.
SUBDIVISIONThe 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.
SUBDIVISION, MINORA. 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.
SUBSTANTIALLY COMPLETEDWhere, 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.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek, channel or ditch for water, whether natural or man-made.
YARDAn 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.