For the purpose of this chapter, the terms or words used herein unless otherwise expressly stated shall have the following meanings:
ACCESSORY BUILDING/STRUCTUREA subordinate building, the use of which is customarily incidental to that of the main building, and which is located on the same lot or parcel of land. Motor vehicles and/or parts thereof shall not be used as accessory buildings.
ACTThe Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
ADMINISTRATORThe officer as appointed by the Blair Township Board of Supervisors to administer these regulations and to assist administratively the other Boards and officers of the Township.
ALLEY OR SERVICE DRIVEA minor right-of-way, privately or publicly owned, primarily for service access to the back or sides of properties.
APPEALA means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as authorized by the provisions of Article
XIII.
A landowner or developer, as hereinafter defined, who has filed an application for subdivision and/or development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery 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.
AUTHORITYA body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as "Municipality Authorities Act of 1945."
BLAIR COUNTY CONSERVATION DISTRICTA legal subdivision of state government delegated to administer the erosion control program as set forth under the Pa. Code Chapter 92a and Chapter 102 regulations of the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq., within the County of Blair.
BLOCKA tract of land, a lot, or a group of lots bounded by streets, public parks, railroad rights-of-way, watercourses, and boundary lines of the Township, nonsubdivided land, other definite barriers, or by a combination of the above.
BOARDAny body granted jurisdiction under a land use ordinance or under this act to render final adjudications.
BUILDINGA combination of materials to form a permanent structure having walls and a roof, including, but not limited to, all mobile homes.
BUILDING SETBACK LINEThe line within a property parallel to and defining the required minimum distance between the foremost part of any building and the adjacent right-of-way or property boundary line.
CAMPSITEAny site intended to be used for temporary and/or seasonal use for camping, inclusive of the area required to sustain a tent, camper, motorhome, or other temporary camping facility.
CARTWAY (ROADWAY)The portion of a street right-of-way, paved or unpaved, intended for vehicular traffic.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMERCE PARKA tract of land that has been planned, developed, and operated as an integrated facility intended for a number of nonretail professional, business, personal, and other service uses, with special measures for traffic circulation, parking, utilities, and compatibility.
COMMON OPEN SPACEA parcel or parcels of land, an area of land, an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of (the planned residential) a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPREHENSIVE PLANThe complete plan plus any amendments or any of its component parts for the development of Blair County and Blair Township providing the continuing orderly development of the municipality and being recognized by the governing bodies of the county as the official plan, including such elements as community development objectives, plans and policies for use of the land for housing, for community facilities, for transportation, and for plan implementation.
CONDOMINIUMOwnership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices, and other types of space in commercial and industrial buildings or on real property.
CONSTRUCTION PLANThe maps or drawings accompanying a subdivision or development plan and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Board of Supervisors as a condition of the approval of the plan.
COUNTYBlair County, Pennsylvania.
CROSSWALKA right-of-way, municipally or privately owned, intended to provide access for pedestrians.
CUL-DE-SACA short street having one end open to traffic and being permanently terminated by a vehicular turnaround.
CULVERTA pipe, conduit, or similar enclosed structure, including appurtenant works, which carries surface water.
CUTAn excavation. The difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Blair County.
DEDICATIONThe 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.
DENSITYA. HIGH DENSITYThose residential subdivisions and land developments in which the density is equal to or greater than four dwelling units per acre.
LOW DENSITYThose residential subdivisions and land developments in which the density is less than four dwelling units per acre.
DETERMINATIONFinal action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except the governing body and the local planning commission, only to the extent the planning agency is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions. Determination shall be applicable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERA person, firm, partnership, corporation, trust, or authorized agent thereof proposing to divide land so as to constitute a subdivision, or engage in land development, as defined by the Pennsylvania Municipalities Planning Code, Act 247, as amended. (See also "subdivider.")
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, the construction, extension, and/or installation of streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations, and the subdivision of land.
DEVELOPMENT PLANThe provision 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.
DRAINAGEThe 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.
DRIVEWAYA private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLINGAny building which is designed for human living quarters.
DWELLING or DWELLING UNITAny structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
A. APARTMENTA dwelling unit separated horizontally and/or vertically from one or more other units in a structure.
DETACHED HOUSEA dwelling unit occupying the whole of a freestanding residential structure.
DUPLEXA residential structure divided horizontally into two dwelling units.
ROW HOUSE or TOWNHOUSEA structure with two or more party walls of three or more units not having any horizontal division between units.
EASEMENTA right-of-way granted, but not dedicated, for specific use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENGINEERA person licensed to practice in the Commonwealth of Pennsylvania as a registered professional engineer.
EROSIONThe removal of surface materials by the action of natural elements.
EXCAVATIONAny act by which earth, sand, gravel, rock, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed. It shall include the conditions resulting therefrom.
FILLSand, gravel, earth or other material placed or deposited so as to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a surface water area.
FINANCIAL SECURITYAny form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit and restrictive of escrow accounts from federal- or commonwealth-chartered lending institutions in an amount and form satisfactory to the Board of Supervisors and to be used wherever required by these regulations. (See Article
III.)
The lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a one-hundred-year frequency flood.
FLOODWAYThe channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence of the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
GOVERNING BODYThe council in cities, boroughs, and incorporated towns; the Board of Commissioners in townships of the first class; the Board of Supervisors in townships of the second class; the Board of Commissioners in counties of the second class A through eighth classes or as may be designated in the law providing for the form of government.
GRADEThe slope of a road, street, or other public way specified in percentage terms.
HEARINGAn administrative proceeding conducted by a board pursuant to Section 909.1 of Act 170 of 1988 of the Pennsylvania Municipalities Planning Code.
INDUSTRIALThose fields of economic activity, including construction contractors, mining, manufacturing, transportation, communication, electric, gas, sanitary services, and wholesale trade.
INDUSTRIAL PARKA tract of land that has been planned, developed, and operated as an integrated facility intended for a number of individual industrial uses, with special measures for traffic circulation, parking, utilities, and compatibility.
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; 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; or
Any ground surface change of more than 5,000 square feet.
For the purposes of this chapter, land development specifically excludes the addition of an accessory building, including farm buildings on a lot or lots subordinate to an existing principal building.
LAND USE ORDINANCEAny ordinance or map adopted pursuant to the authority granted in Articles
IV,
V,
VI and
VII of the Pennsylvania Municipalities Planning Code (Act 247 of 1968) as amended.
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.
LOTA tract or parcel of land, regardless of size, intended for transfer of ownership, use, lease, improvements, or development, regardless of how or if it is conveyed. "Lot" shall mean parcel, plot, site, or any similar term which shall not be further subdivided.
A. LOT, AREAThe horizontal area contained within the property lines of a parcel of land as shown on a subdivision plan, excluding space within any street, but including the area of any easement.
LOT, CORNERA lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
LOT, FRONTAGEThat side of a lot abutting on a street or way, and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
LOT OF RECORDAny lot which individually, or as part of a subdivision, has been recorded in the office of the Blair County Recorder of Deeds.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on an arterial and a minor street with vehicular access solely from the latter.
MAINTENANCE GUARANTEEAny security, other than cash, which may be accepted by Blair Township for the maintenance of any improvements required by this chapter.
MARKERA metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in joint exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOBILE HOMEA 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 shall be used without a permanent foundation.
MOBILE HOME LOTA 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.
MODIFICATIONSWaivers of the requirements of one or more provisions of the chapter as the literal enforcement will exact undue hardship because of particular conditions pertaining to the land in question.
MONUMENTStone or concrete monument of known coordinates, established by professional land surveyors, and utilized to locate property lines.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency, or joint planning commission.
NONRESIDENTIAL SUBDIVISIONA subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
OFFICIAL MAPThe municipal map adopted by ordinance showing the exact locations of the lines of existing and proposed public streets, watercourses and public grounds, including widening, narrowing, extensions, diminutions, opening or closing of same, for the entire municipality or part thereof.
ORGANIZED CAMPA combination of program and facilities established for the primary purpose of providing an outdoor group living experience for children, youth, and adults, with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons of the year.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official recording as required by statute; a final plat.
PLAN, PRELIMINARYA subdivision plan or land development plan in lesser detail than the final plan.
PLAN, SKETCHAn informal optional submission preparatory to the preliminary plan showing the general intent of the subdivider.
PLATThe map or plan of a subdivision or land development whether preliminary or final indicating the location and boundaries of individual properties.
PUBLIC GROUNDSA. Parks, playgrounds, trails, paths, and other recreational areas and other public areas.
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGConducted to obtain, add, and provide information, stenographic records of which are retained as transcripts for future use in an appeal or related matter.
PUBLIC MEETINGA forum held pursuant to notice under the act of October 15, 1998 (P.L. 729, No. 93), 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."
PUBLIC NOTICENotice 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.
RECREATION VEHICLE PARKA parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreation vehicles of the general public as temporary living quarters for vacation or recreation purposes.
RECREATION VEHICLE SITEA plot of ground within a recreation vehicle park intended for the accommodation of either a recreation vehicle or other similar individual camping unit on a temporary basis.
RECREATIONAL VEHICLEA vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.
REPORTAny letter, review memorandum, compilation, or similar writing made by any body, board, officer, or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESERVE STRIPA parcel of ground separating a street from other adjacent properties, or from another street, which shall prevent a street from being connected or extended across property lines.
RIGHT-OF-WAYA public thoroughfare for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, land or alley and including both cartway and shoulders.
RUNOFFThe 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.
SANITARY SEWAGE DISPOSAL, COMMUNITYA sanitary sewage collection system, either publicly or privately owned, in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
SANITARY SEWAGE DISPOSAL, ON-LOTAny system of piping, tanks and other facilities designed to biochemical treat sanitary sewage within the boundaries of an individual lot.
SANITARY SEWAGE DISPOSAL, PUBLICA sanitary sewage collection system, owned by a municipality or municipal authority, in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
SEDIMENTATIONThe 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.
SEPTIC TANKA watertight receptacle which receives sewage or industrial wastes and is designed and constructed to provide for sludge storage, sludge decomposition, and to separate solids from liquids through a period of detention before allowing the liquid to be discharged.
SERVICE STREETA minor public right-of-way providing secondary vehicular access to the side or rear of two or more properties.
SETBACK LINEThe line within a property defining the required minimum distance between any building to be erected and the adjacent property line. The front yard setback shall be measured at right angles from the front street right-of-way line which abuts the property on which said building is located and shall be parallel to said right-of-way line.
SHADE TREEA tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
SHOPPING CENTERA group of retail establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision of goods delivery separated from customer access, and protection from the elements via a canopy or other enclosure.
SIGHT DISTANCEThe 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. Sight distance measurements shall be made from a point 10 feet from the edge of cartway, 3 1/2 feet high to a point 4 1/4 feet above the road surface.
SLOPEThe rise or fall of the land usually measured in percent slope. The percent slope is equal to the rise or fall in feet for a horizontal distance of 100 feet.
SOIL PERCOLATION TESTA field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
SOLICITORThe licensed attorney designated by the Blair Township Board of Supervisors to furnish legal assistance for the administration of this chapter.
STABILIZATIONNatural or mechanical treatment of a mass of soil or ground area to increase or maintain its stability and ensure its resistance to erosion, sliding, or other movement.
STORMWATER MANAGEMENT PLANThe plan for managing stormwater runoff as required by the Watershed Stormwater Management Plan of the Beaverdam Branch of the Juniata River, this chapter, the Township Engineer and/or a plan for managing stormwater as required by Chapter
338, Stormwater Management.
A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation, and further defined by the following functional classification in accordance with the rural area system characteristics in the Design Manual, Part 2, Highway Design, Publication 13, PennDOT Bureau of Design, latest edition.
A. ARTERIAL STREETS, PRINCIPALThose streets serving statewide or interstate travel, serving all urbanized areas, and/or providing integrated movements without stub connections.
ARTERIAL STREETS, MINORThose streets linking cities, larger towns, and other traffic generators, providing integrated interstate and intercounty service spaced at proper intervals consistent with population density, and/or those corridor movements with greater trip lengths and travel densities than those served by rural collector or local systems.
COLLECTOR STREETS, MAJORThose streets which provide service to county seats, larger towns, and other traffic generators, connect routes of higher functional classification, and/or serve intercounty travel corridors.
COLLECTOR STREETS, MINORThose streets which are spaced at intervals to collect traffic from local roads, provide service to remaining small communities, and/or link local traffic generators with rural hinterland.
LOCAL STREETSThose streets which provide access to land adjacent to the collector network, serve travel over relatively short distances, and/or constitute all rural mileage not classified in one of the higher systems.
MARGINAL ACCESS STREETSMinor collector streets parallel and adjacent to arterial streets providing access to abutting properties and control of intersections with an arterial street.
STREET, PRIVATEA street not accepted or maintained by a governmental body such as the state, county or local municipality.
STREET, PUBLICA street owned and maintained by a governmental body such as the state, county or local municipality.
STRUCTUREAny man-made object having walls and an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other division 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.
A. ADDITIONALAny further subdivision of a tract from which a minor subdivision has already been formed shall be classified as a major subdivision.
MAJORAll subdivisions not classified as minor subdivisions, including but not limited to subdivisions of three or more lots, or any size, subdivision requiring any new streets or extension of municipal facilities, or the creation of any public improvements.
(1) Any subdivision containing not more than two lots fronting on an existing public street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or these regulations.
Lot line changes not involving the creation of any new lots.
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the Township Engineer, at least 90% — based on the cost of the required improvements for which financial security was posted pursuant to Article
III — of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.
A licensed land surveyor registered by the Commonwealth of Pennsylvania.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TEMPORARY OCCUPANCYOccupancy of a campground or organized camp for no more than six months in any consecutive twelve-month period.
TENTA portable lodging unit usually made of skins, canvas, plastic, or strong cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities.
TOPOGRAPHIC MAPA map showing the elevations of the ground by contours or elevations, including all existing topographic features such as streams, roads, streets, existing facilities, and improvements, as specified herein.
TOPSOILSurface soil and subsurface soil which presumably is fertile soil and ordinarily rich in organic matter or humus debris.
TOWNSHIPThe Township of Blair, Blair County, Pennsylvania.
TRAILERA vehicular portable structure built on, or designed to be mounted on, a chassis or wheels, or constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation, and vacation and commonly known as "travel trailers," "pickup coaches," "motor homes," or "camping trailers."
WAIVERWhen the subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to because of conditions peculiar to the site, and where, in the opinion of the Township, a departure from this chapter may be made without destroying the intent of such provisions, the Township may authorize a waiver. A modification to the minimum standards of this chapter. (Refer to "modification.")
WATERCOURSEA permanent or intermittent stream, river, brook, creek, channel, or ditch for collection and conveyance of water, whether natural or man-made having defined bed and banks.
WATER SUPPLY AND DISTRIBUTION SYSTEMA. COMMUNITYA system for supplying and distributing water from a common source to two or more dwellings and other buildings within a subdivision, neighborhood, or whole community, the total system being publicly or privately owned.
ON-LOTA system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.