Words in the present tense include the future tense; words used
in the masculine gender include the feminine and the neuter; words
in the singular include the plural, and those in the plural include
the singular.
A.
The word "applicant," "developer," "person," "subdivider" or "owner"
includes a corporation, unincorporated association and a partnership,
or other legal entity, as well as an individual.
B.
The word "street" includes thoroughfare, avenue, boulevard, court,
expressway, highway, lane, arterial, and road.
C.
The word "building" includes structures and shall be construed as
if followed by the phrase "or part thereof."
D.
The term "occupied or used." as applied to any building, shall be
construed as though followed by the words "or intended, arranged,
or designed to be occupied or used."
E.
The word "lot" includes plot, parcel, tract, site, or any other similar
term.
F.
The word "watercourse" includes channel, creek, ditch, drain, dry
run, river, spring, and stream.
G.
The word "about" shall include the words "directly across from."
H.
The words "should" and "may" are permissive.
I.
The words "must," "shall" and "will" are mandatory and directive.
When terms, phrases or words are not defined herein, they shall
have the meanings as defined in The Latest Illustrated Book of Development
Definitions (H.S. Moskowitz and C.G. Lindbloom, Rutgers, the State
University of New Jersey, 2004) or, if not defined therein, they shall
have their ordinarily accepted meanings or such as the context may
imply.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
A type of drive permitted by this chapter to serve a residential
lot which does not have frontage on a public or approved private road.
A use of land or of a structure or portion thereof incidental
and subordinate to the principal use of the land or building and located
on the same lot with such principal use. A portion of a principal
building used for an accessory use shall not be considered an accessory
structure.
See "lot improvement subdivision."
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
As applied to a building or structure, means any change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
A landowner or developer, as hereinafter defined, who has
filed an application for a subdivision or land development, including
his heirs, successors and assigns.
Every application, whether preliminary 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.
A tract of land, a lot or groups of lots, bounded by streets,
public parks, watercourses, boundary lines of the Borough, unsubdivided
land or by any combination of the above.
The Borough of Dalton, Lackawanna County, Pennsylvania.
The Borough Council of the Borough of Dalton, Lackawanna
County, Pennsylvania.
A strip of land that separates one use from another use or
feature and is not occupied by any building, parking, outdoor storage
or any use other than open space or approved pedestrian pathways.
It is used to provide separation between incompatible uses to effect
a visual barrier, reduce noise, block physical passage between uses,
and reduce noise, dust and litter. The separation may be effected
by fencing, dense vegetative planting, the provision of additional
setback distances, berms or a combination thereof; and, in general,
widths of buffers are increased as the density or opaqueness of the
barrier decreases. A buffer yard may be a part of the minimum setback
distance, but land within an existing street right-of-way shall not
be used to meet a buffer yard requirement.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches, carports and breezeways, but excluding open and uncovered
patios and decks).
An area on a lot which has been designated as the area in
which development may occur. Building envelopes are identified by
building setbacks, conservation areas, site conditions and other factors,
and shall be specifically designated on the development plan and established
by deed covenants and restrictions.
The vertical distance of a building measured from the average
ground level to the highest part of the structure, excluding chimneys.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
The diameter of a tree's trunk measured 12 inches above
the ground.
A tract of land, or any portion thereof, used to provide
sites for the temporary use of tents or recreational vehicles, as
hereinafter defined, for camping purposes, with or without a charge
for the leasing, renting or occupancy of such space. All campgrounds
and recreational vehicle parks shall be considered a recreational
subdivision or land development.
A lot within a recreational vehicle park or campground to
be used for camping purposes, and acting as a site for travel trailers,
truck campers, camper trailers, motor homes, or tents, marked by the
developer on a plan as a numbered, lettered or otherwise identified
tract of land.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use, including the travelway and shoulders.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A building which houses a commercial use.
Any use of land involving an occupation, employment or enterprise
that is carried on for profit by the owner, lessee or licensee.
The Borough of Dalton Planning Commission.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Improvements in a development that are not required by the
Borough but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use and enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
or community facilities.
The complete plan or any part of the plan for the development
of the Borough of Dalton adopted in accordance with the MPC.
Those areas of a development tract which are comprised of
environmentally sensitive lands on which development is not permitted.
Those areas of a development tract which are somewhat less
sensitive than primary conservation areas and which may be critical
to the effect the development will have on both the natural environment
and the rural character of the community.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited development
(e.g., a residential structure) and other compatible uses such as
agriculture and forestry.
That part of a particular conservation design subdivision
development tract set aside for the protection of sensitive natural
features, farmland, scenic views and other primary and secondary conservation
areas identified by this chapter. Conservation open space may be accessible
to the residents of the development and/or the Borough, or it may
contain areas of farmland or forest land which are not accessible
to project residents or the public.
The Borough Council of the Borough of Dalton, Lackawanna
County, Pennsylvania.
The County of Lackawanna, Commonwealth of Pennsylvania.
A right-of-way or easement for pedestrian travel across or
within a block.
A minor street having one end open to traffic and being permanently
terminated at the other end by a vehicular turnaround.
A street or portion of a street with only one vehicular outlet
but which has a temporary turnaround and which is designed to be continued
when adjacent open land is subdivided.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
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.
See "improvements."
The diameter of a tree trunk measured at 4.5 feet above the
ground.
Any area of land which has been altered so that the surface
of the soil has physically been graded, excavated or otherwise exposed.
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the said road.
A structure or portion thereof which is used exclusively
for human habitation.
(See also "multifamily project.") A building or buildings
designed for occupancy by three or more families living independently
of each other in separate dwelling units. The term "multifamily dwelling"
shall include condominium as well as noncondominium housing units,
including the following construction types:
RESIDENTIAL CONVERSION TO APARTMENTSConversion of an existing single-family detached dwelling, having been used as such for 10 or more years, into three to five dwelling units and not exceeding 2 1/2 stories in height.
GARDEN APARTMENTMultifamily dwelling originally designed as such, containing three or more dwelling units and not exceeding 2 1/2 stories in height; not including townhouses.
TOWNHOUSEMultifamily dwelling of three or more dwelling units of no more than 2 1/2 stories in height in which each unit has its own front and rear accesses to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.
MEDIUM HIGH-RISE APARTMENTMultifamily dwellings of more than 2 1/2 stories but not exceeding the height limitations (in feet) of this chapter.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit or in two 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, and which is subject to United States Department of Housing and Urban Development regulations.
A detached dwelling unit accommodating one family, but excluding
mobile homes as defined in this chapter.
Dwelling accommodating two families, either with units which
are attached side by side through the use of a party wall, and having
one side yard adjacent to each dwelling unit, or upstairs/downstairs
units. (See also "multifamily project" for two-family dwellings in
a multifamily project.)
One or more rooms in a dwelling structure, including a kitchen,
sleeping facilities, bath and toilet, designed as a household unit
for extended periods of occupancy for living and sleeping purposes
by not more than one family at a time.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, within which
the lessee or owner of the property shall not erect any permanent
structure.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough and/or
Planning Commission.
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.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.7 or higher. The Borough
Engineer shall decide any dispute over whether an area is impervious.
Areas of land paved for the sole purpose of noncommercial tennis courts,
trails or basketball courts or closely similar active outdoor recreation
may be deleted from impervious surfaces for the purposes of determining
permitted impervious coverage, unless those areas would also be used
for nonrecreational uses (such as parking).
For the purpose of classification as a land development as defined in this Article II, a physical addition or change to the land that may be necessary to make the land suitable for the proposed use or extension of use, including but not limited to buildings, structures, additions to buildings and structures, roads, driveways, parking areas, sidewalks, stormwater controls and drainage facilities, landscaped areas, utilities, water supplies and sewage disposal systems, and any work involved with highway reconstruction.
A building which houses an industrial use.
Any commercial use engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
assembly of component parts, the manufacturing or transformation of
products for use by other manufacturers, the blending of materials
such as lubricating oils, plastics, resins or liquors, or other basic
production processes; or any commercial use producing products predominately
from previously prepared materials, finished products and parts, including,
but not limited to, research, engineering or testing laboratories,
assembly from components, fabrication of products, textile and clothing
manufacturing, warehousing, distribution centers, furniture or other
wood products production and the like.
A building which houses an institutional use.
Any use of land owned and operated by a government body or
agency, including, for example, public schools, parks, civic centers,
municipal buildings, solid waste disposal facilities, nursing homes
and hospitals; or uses operated by nonprofit, community-based organizations
for the general use of the public, including, for example, churches,
fire houses, ambulance buildings, libraries, nursing homes, hospitals,
sanitariums and clinics.
A subdivision of land;
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; 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.
The definition of land development shall also include the expansion
or addition to a nonresidential building which involves any of the
following as measured cumulatively from the effective date of this
provision:
The addition of 25% or more of floor area to the structure;
or
The increase by 25% or more of impervious surface (including
building area) on the parcel; or
Any increase in impervious area which will result in the generation
of stormwater in such volume as will not be controlled by existing
stormwater facilities pursuant to the requirements of this chapter.
The definition of land development shall not include the following:
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.
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), or a lessee, if he
is authorized under the lease to exercise the rights of the landowner
or other persons having a proprietary interest in the land.
A designated parcel, tract or area of land, regardless of
size, established by a plat or other legal means, and intended for
transfer of ownership, use, lease or improvements or for development,
regardless of how or if it is conveyed.
The total number of square feet in the lot less any area
included in any public or private road rights-of-way affecting the
lot. In the case of a flag lot, the lot area shall not include the
access corridor.
A lot situated at and abutting the intersection of two streets
having an interior angle of intersection not greater than 135°.
That portion or percentage of the lot area which is covered
by buildings; paved and unpaved walkways, roads, driveways and parking
areas; pavement; or other impervious surfaces.
The average horizontal distance between the front lot line
and the rear lot line. In the case of a flag lot, the depth measurement
shall not include the access corridor but shall be made on the main
portion of the lot.
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
Any lot or parcel of property which was legally in existence
and properly on file with the Lackawanna County Recorder of Deeds
prior to the effective date of the original Borough Zoning Ordinance.
A lot with access to the bulk of the lot provided by a narrow
corridor from the adjoining public road.
(Also known as "add-on subdivision.") The realignment of
lot lines or the transfer of land to increase the size of an existing
lot, provided the grantor's remaining parcel complies with all
provisions of this chapter and no new lots are created; or the combination
or re-allotment of small lots into a larger lot or lots.
The line separating the lot from any street. In the case
of a flag lot, the lot line where the narrow access corridor widens
shall be considered the front lot line.
The lot line most distant from and most parallel to the front
lot line.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated or as may be specified in this chapter. In the event of a curved
lot line, such lot width at the minimum prescribed front yard setback
line shall be measured along the curve. Where buildings are permitted
to be attached, the lot width shall be measured from the center of
the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the
minimum lot width may be reduced to 75% of the width that would otherwise
be required. In the case of flag lots, the width measurement shall
not include the access corridor but shall be made on the main portion
of the lot.
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.
To reduce to the smallest amount possible. "Minimize" does
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two 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, and which is subject to United States Department
of Housing and Urban Development regulations.
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 as defined by this chapter.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes as defined by this chapter.
The Pennsylvania Municipalities Planning Code.[1]
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a multifamily project. Two-family dwellings in a multifamily
project shall be considered townhouses.
The Borough of Dalton, Lackawanna County, Pennsylvania.
A building which houses a nonresidential use.
Any commercial, industrial or institutional use of land,
or any other use of land which is not for residential purposes, but
excluding agricultural uses.
That part of a particular development tract set aside for
the protection of sensitive natural features, farmland, scenic views
and other primary and secondary conservation areas identified by this
chapter. Open land may be accessible to the residents of the development
and/or the Borough or it may contain areas of farmland, forest land
or conservancy lots which are not accessible to project residents
or the public.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
A written instrument which may be accepted by the Borough
Council in lieu of a requirement that certain improvements be made
by a developer before the final plan is granted final approval and
released for recording, which shall provide for the deposit with the
Borough of financial security in an amount sufficient to cover the
costs of any improvements or common amenities, including, but not
limited to, roads, sanitary sewage facilities, water supply and distribution
facilities, stormwater detention and/or retention basins and other
related drainage facilities, recreational facilities, open space improvements
and buffer or screen planting which may be required.
A map or drawing indicating the subdivision or resubdivision
of land or a land development in its various stages of preparation,
including the following:
SKETCH PLANAn informal plan, identified as such with the title "sketch plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Borough. This plan is drawn on tracing paper or similar material enabling municipal officials to see the relationship between the proposed layout and the property's features as identified on the Existing Resources and Site Analysis Map.
PRELIMINARY PLANA complete plan identified as such with the wording "preliminary plan" in the title accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan prepared by a qualified professional (see definition of "qualified professional").
FINAL PLANA complete and exact plan identified as such with the wording "final plan" in the title, with a qualified professional's seal (see definition of "qualified professional") affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
RECORD PLANThe copy of the final plan which contains the original endorsements of the Borough Council and which is intended to be recorded with the County Recorder of Deeds.
The Planning Commission of the Borough of Dalton, Lackawanna
County, Pennsylvania.
Sufficient slope to drain surface water away from buildings
without ponding.
An overnight camping facility with no improvements beyond
those required by law; no permanent structures other than tent platforms,
privies and maintenance buildings; and designed and restricted to
accommodate only persons using tents or similar apparatus, not including
any vehicle on wheels.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment
prior to taking action in accordance with this chapter and the MPC.
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq. (October 15, 1978, P.L. 729, No.
93).[2]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
An individual authorized to prepare plans pursuant to § 503(1)
of the MPC, which states that plats and surveys shall be prepared
in accordance with the Act of May 23, 1945 (P.L. 913. No. 367), known
as the "Engineer. Land Surveyor and Geologist Registration Law," except
that this requirement shall not preclude the preparation of a plat
in accordance with the Act of January 24, 1966 (P.L. 1527, No. 535),
known as the "Landscape Architects Registration Law," when it is appropriate
to prepare the plat using professional services as set forth in the
definition of the "practice of landscape architecture" under Section
2 of that act.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels of land involving
changes in existing lot lines for the purpose, whether immediate or
future, of lease, rent, sale or transportation of ownership to provide
a site for occupancy by travel trailers, truck campers, camper trailers,
motor homes or tents for transient use, whether or not a fee is charged.
Campgrounds, RV parks, primitive camping grounds and other similar
facilities shall fall under this definition.
A vehicular type of unit initially designed as temporary
living quarters for recreational camping or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic types of recreational vehicles are:
CAMPER TRAILERA vehicular unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
TRAVEL TRAILERA vehicular unit, mounted on wheels, of such size (no more than 500 square feet) and weight as not to require a special highway movement permit when drawn by a motorized vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck.
SELF-CONTAINED UNITA unit which:
A parcel of ground in separate ownership, separating a street
from other adjacent properties or from another street.
Any revision, replatting or resubdivision of land which includes
changes to a recorded plan.
Lots which front on one street and back on another with vehicular
access solely from one street.
The total width of any land reserved or dedicated as a street,
drainageway or for other public or semipublic purposes.
That portion of rainfall or snowmelt which does not enter
the soil but moves off the surface.
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any building.
Front setbacks shall be measured from the edge of the road right-of-way
and other setbacks from property lines perpendicular to the road/property
line to the nearest point of the structure.
The sanitary sewage collection and treatment system owned
and operated by the Borough.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection,
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system, which may be publicly or privately owned and operated,
including sewage treatment plants, land application systems, and community
sewage disposal systems. A system designed to serve a two-family dwelling
or two dwelling units located on the same property or adjacent properties
shall not be considered as central sewerage for unit density determination;
and in such a case all development standards, including, but not limited
to, unit densities, will apply the same for each dwelling or unit
as any single-family unit.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection,
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility,
or a system which may be publicly or privately owned and operated,
and which is used to treat and dispose of domestic sewage into the
soil (whether entirely in-ground or partially elevated) in accord
with DEP rules and regulations.
Any sewage disposal system (whether subsurface or aboveground)
used to treat and dispose of domestic sewage into the soil for an
individual dwelling lot in accord with Pennsylvania Department of
Environmental Protection rules and regulations, where the system is
located on adjacent conservation land via a use and access easement.
Any sewage disposal system (whether subsurface or aboveground)
used to treat and dispose of domestic sewage into the soil on an individual
lot in accord with Pennsylvania Department of Environmental Protection
Rules and Regulations.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection,
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system, which may be publicly or privately owned and operated,
and which uses mechanical, biological and chemical processes to treat
and dispose of domestic sewage in accord with DEP rules and regulations
involving an effluent discharge to surface waters.
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home lot.
The improved portion of a street immediately adjoining the
travelway.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic.
Any tree with a caliper that is 12 inches or more in diameter
at breast height or is of exceptional character as determined by the
Borough.
A strip of land, including the entire right-of-way, whether
public or private, designed to provide access by vehicular traffic
or pedestrians.
COLLECTOR STREETProvides access to abutting properties, intercepts minor streets and provides routes for considerable volume of traffic to community facilities and major streets and serves more than 200 dwelling units or more.
MINOR STREETProvides access to abutting properties and serves 26 to 200 dwelling units.
COUNTRY LANEProvides access to abutting properties and serves not more than 25 dwelling units.
MINIMUM ACCESS STREETProvides access to abutting properties and serves not more than three dwelling units. See § 300-40H.
See "developer."
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.
MINOR SUBDIVISIONA subdivision that creates five lots or less or the cumulative development on a lot-by-lot basis for a total of five lots or less of any original tract of record (i.e., not subdivided or developed subsequent to the effective date of the original Borough Subdivision Ordinance), and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision.
LOT IMPROVEMENT SUBDIVISION(Also known as "add-on subdivision.") A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or re-allotment of small lots into a larger lot or lots.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to 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 professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A movable shelter made of canvas or other similar new material
and supported by a pole or poles.
The portion of the cartway used for normal movement of vehicles.
All pipes, fittings and appurtenances from the water-riser
pipe to the water inlet pipe of the central water system in the mobile
home park.
A discernible, definable natural, man-made or altered course
or channel along which water is conveyed ultimately to streams and/or
rivers at lower elevations. A watercourse may originate from a lake
or underground spring(s) and may be permanent in nature or it may
originate from a temporary source such as a runoff from rain or melting
snow.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at each mobile home lot.
All pipes, fittings valves, and appurtenances from the water
main of the mobile home park central water system to the water outlet
of the distribution system within the mobile home.
A public or private utility system designed to supply and
transmit drinking water from a common source to two or more dwelling
units or uses in compliance with Pennsylvania Department of Environmental
Protection regulations.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on adjacent conservation
land via a use and access easement, and in compliance with the Pennsylvania
Department of Environmental Protection if such compliance is required.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot,
and in compliance with the Pennsylvania Department of Environmental
Protection if such compliance is required.
A system for supplying and transmitting drinking water to
a minor (residential) land development or to a nonresidential land
development with more than one principal structure, in compliance
with Pennsylvania Department of Environmental Protection regulations
if such compliance is required. (Note: Any water system serving two
or more lots shall be considered a central water supply.)
An area of land where the presence of water (at least during
part of the year) determines the soil characteristics of the site
and the species of vegetation growing on the site, said areas meeting
the most current applicable state and federal criteria and being regulated
by the PA DEP and the United States Army Corps of Engineers.
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any building.
Front yards shall be measured from the edge of the road right-of-way
and other yards from property lines perpendicular to the road/property
line to the nearest point of the structure.
