[Ord. 180, 9/6/1955, § 1; as amended by Ord. 343,
7/11/1978, § 1; and by A.O.]
The following words and phrases, as used in this chapter, shall
have the meanings hereby ascribed thereto unless the context thereof
clearly indicates a different meaning:
BUILDING LINE
A fixed distance back from the parallel to the nearer sideline
of a street between which building line and sideline no enclosed structure
shall be erected.
COUNCIL
The Council of the Borough of Liberty.
CUL-DE-SAC
A street with one end open for vehicular and pedestrian access
and the other end terminating in a vehicular turn-around.
EASEMENT
A right granted by a property owner to another to use land
or some part thereof for one or more specified purposes.
IMPROVED STREET
A minimum right-of-way of 50 feet with a minimum paved cartway
of 26 feet between curbs.
LOT
A minimum unit area of a subdivision plan upon which a building
may be erected.
MONUMENT
A permanent marker designating a property or lot corner or
a street line location with the top at finished grade and grounded
below frost level to prevent natural movement.
OWNER
A person who is the registered owner of real estate to be
subdivided and/or developed, in accordance with the provisions of
this chapter.
PERSON
A natural person, association, firm, partnership or corporation.
PROFILE PLAN
A cloth tracing of the profiles of streets showing the existing
profile of each street and the grade to be established and drawn on
a scale of not less than one inch equals 50 feet horizontal, and one
inch equals 10 feet vertical.
RECORDING PLAN
A plan of a subdivision for recording in the Recorder's
Office of Allegheny County, Pennsylvania, prepared and certified by
a Registered engineer or surveyor, showing street lines and widths,
lot lines and lot numbers, courses and distances, building lines,
easements, and such other relevant information which may be required
by the rules and regulations of the Allegheny County Planning Commission
to be shown on plans submitted to said Commission for its approval
(which said rules and regulations and as the same shall be amended
and/or changed from time to time, by this reference thereto, are made
a part hereof), and each such plan also shall be in conformity with
the zoning requirements of the Borough. Every recording plan shall
be acknowledged by the owner before a proper person authorized to
take acknowledgments in the commonwealth, to be the official plan
of the streets in such subdivision and that he desires said plan to
be recorded according to law.
SANITARY SEWER PLAN
A plan of the subdivision showing all necessary sanitary
sewers and appurtenances including profiles, sizes and locations,
and reports suitable for submission to the Department of Environmental
Protection for approval for construction of sanitary sewers in the
water shed in which the subdivision is located.
STORM DRAINAGE PLAN
A plan of the subdivision showing all necessary storm sewers
and appurtenances including profiles, sizes and locations, and the
method and point of disposal of all stormwater collected, and the
method of drainage of adjacent and continuous territory.
STREET IMPROVEMENT PLAN
A plan or plans with specifications for the grading, paving
and curbing of all streets, and the installation of sanitary and/or
storm sewers and water mains in the subdivision, all in accordance
with the standards adopted by Borough Council.
STREET LIGHT PLAN
A plan of a subdivision showing all necessary streetlights
and appurtenances, including fixtures, poles, supports, mains, conduits,
service connections, and laterals.
STREET OR AVENUE OR ROAD OR HIGHWAY
The whole or any part of any public or private street or
avenue or road or highway including a bridge or culvert, and shall
include the cartway, gutter, curb, sidewalk and the whole legal width
of the right-of-way with slopes and fills, if any.
SUBDIVISION
The division of a single tract or parcel of land or a part
thereof, in the Borough, into two or more lots, including changes
in street lines or lot lines, for the purpose, whether immediate or
future, of transfer of ownership or of building development; provided,
however, that divisions of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of
access, are excepted.
SURVEY
A map of the land to be included in the subdivision, prepared
and certified by a Registered Engineer or Surveyor, showing property
lines, courses and distances, names of and distances to nearest streets,
names of the owners of abutting and/or adjoining property, and the
names and places of record of abutting and/or adjoining subdivisions.
The singular shall include the plural and the masculine shall
include the feminine and the neuter.
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[Ord. 180, 9/6/1955, § 2]
It shall be unlawful for the owner of any land in the Borough
of Liberty to make a subdivision thereof or to lay out, construct,
open or dedicate for public use or travel, or for the common use of
the occupants of buildings thereon, any street, sanitary sewer, storm
sewer, water main or other facilities in connection therewith unless
and until a plan thereof shall have been prepared by a registered
engineer or surveyor and submitted to and approved by the proper Borough
official and/or body, as hereinafter provided.
[Ord. 180, 9/6/1955, § 3]
Plans of subdivisions shall first be submitted to the Borough
Planning Commission, and second to Council, for approval or rejection.
The Borough Planning Commission may request the advice of the Borough
Engineer thereon but in any event it shall act upon any such plan
within 60 days after submission thereof to it. In the event such a
plan is disapproved, the reasons therefor shall be set forth in writing
and given or sent to the applicant. Any person aggrieved by a decision
of the Borough Planning Commission upon any such plan may appeal to
Council within 10 days after such decision shall have been made. Before
acting upon a plan of subdivision or upon any such appeal, Council
may arrange for a public hearing thereon, after giving such notice
as Council may deem desirable in each case. Council shall have authority
to seek the advice and opinion thereon of the Borough Engineer, the
Borough Solicitor and/or a special committee appointed by Council
for such purpose. Council may alter any subdivision plan, and specify
alterations, changes or modifications therein which it deems necessary,
and may make its approval subject to such alterations, changes or
modifications. All such appeals to Council shall be considered by
it and a decision rendered thereon within 60 days after such appeal
shall have been made. The decision of Council shall be final. In the
event such plan is rejected by Council, the reasons therefor shall
be set forth in writing and given to the applicant.
[Ord. 180, 9/6/1955, § 4]
1. The street improvement plan of a subdivision submitted by the owner
for approval shall show and shall include:
A. Complete block dimensions with bearings, and all curve data and stations
corresponding to those used on the profile; other lot numbers and
lot dimensions with bearings; and shall show the profiles of the streets,
the course, structure and capacity of any drainage facilities, and
the method of drainage of adjacent or contiguous territory.
B. Location of all street monuments at street intersections, angle points,
and beginning and ending of all curves.
C. Curb grades, profiles showing grades, cross sections, rate of grade
and bench marks.
D. Width of each street showing widths of cartway. All curbing at street
intersections shall be circular curves with radius of not less than
15 feet and larger for sharp corners.
E. Names of all existing streets shall be continued and there shall
be no duplication of street names within the Borough or within the
post office service area in which the subdivision is located. The
owner shall secure from the United States Postmaster of the post office
service area within which the subdivision is located and file with
Council a letter certifying that the street names used are not duplications
of street names within the same post office service area.
F. Course, structure, capacity and design of all drainage appurtenances,
including storm and sanitary sewers.
G. A right-of-way not less than 20 feet wide, where necessary, for the
Borough to construct and maintain sanitary and storm sewers.
H. Proper consideration shall be given to the integration of the streets
of adjoining tracts already laid out and of adjoining tracts not yet
subdivided. No circles, islands, culs-de-sac or circular segments
shall be permitted; provided, however, in specific cases where owing
to special and unusual topographical conditions a literal enforcement
of the terms of this paragraph will result in an unnecessary hardship.
Council may permit a cul-de-sac terminating in a vehicular turn-around
with a minimum right-of-way radius of 40 feet and an outer paving
radius of 30 feet. When a cul-de-sac is desirable, in the opinion
of the Borough Planning Commission, to provide for street access to
an adjoining property, the proposed street shall be dedicated to the
boundary of such property. Such dead-end street shall be provided
with a temporary turn-around having a roadway diameter of at least
60 feet.
[Ord. 180, 9/6/1955, § 5]
The storm drainage plan of a subdivision shall be in accordance
with good engineering practice and there shall be designated thereon
all pipes including their structure and capacity, manholes, catch-basins,
drop-inlets and paved gutters.
[Ord. 180, 9/6/1955, § 6; as amended by A.O.]
1. The sanitary sewer plans shall be in accordance with the requirements
of the Department of Environmental Protection as to flows, capacities,
manholes, and support and cover.
A. All building lots which are served by a sanitary sewer shall have
a width of not less than 50 feet and a total area of not less than
6,500 square feet except where topographic conditions or zoning regulations
may require a lesser width and/or area. All building lots serviced
by a septic tank shall have a width of not less than 50 feet and a
total area of not less than 7,500 square feet. Where a sanitary sewer
is not available, the building on any such lot shall be serviced by
a septic tank until such time as sanitary sewer service is available,
and at such time the septic tank shall be abandoned and a proper connection
made with the sanitary sewer.
[Ord. 180, 9/6/1955, § 7]
Each lot in a subdivision plan shall have a building line of
not less than 25 feet from the nearer sideline of the street upon
which said lot abuts, and also at the rear of such lot, and corner
lots shall have a building line of not less than 15 feet along the
side street.
[Ord. 180, 9/6/1955, § 8; as amended by Ord. 343,
7/11/1978, § 2]
All storm sewers, where required, and all sanitary sewers and
sewer laterals, in conformity with Borough specifications for sanitary
sewer construction, shall be installed before the streets shown on
the street plans are constructed. All gas, water, electric and other
mains, pipes and conduits, together with all service connections or
laterals, shall be laid, when the need for the same can be reasonably
anticipated, before the streets shown on the plans are constructed.
All subdivision plans submitted by an owner or developer for approval
shall show and include a streetlight plan, which shall be in accordance
with Borough of Liberty, and County of Allegheny, and Commonwealth
of Pennsylvania specifications for safety and visibility.
[Ord. 180, 9/6/1955, § 9; as amended by Ord. 277,
2/15/1966, § 2]
1. Each street in a subdivision and the type of construction thereof,
except as hereinafter provided, shall conform to the following minimum
requirements: the right-of-way shall be at least 50 feet wide, not
including slopes and fills and shall be graded to its full width;
the cartway and adjacent berms shall be thoroughly rolled and compacted
before paving; the cartway shall be at least 26 feet wide and a greater
width of the right-of-way. The Borough reserves the right in any case
to require greater right-of-way widths and greater cartway widths
than the minimum contained herein if deemed necessary for any reason.
2. All paving and curbing of streets shall be constructed strictly in
accordance with the type set forth by the Borough of Liberty Engineers
paving standards prepared by J.W. Edmundson & Assoc., Inc., File
No. LB 1-50.
3. All existing state, county and Borough streets and roads in all plans
of lots shall be curbed and the paving between the existing paving
and said curbs shall be constructed in accordance with plans and specifications
approved in writing by the Commonwealth of Pennsylvania, County of
Allegheny, or the Borough of Liberty as the case may be.
[Ord. 180, 9/6/1955, § 10; as amended by Ord. 277,
2/15/1966, § 1]
1. After a recording plan has been approved as provided in this chapter,
then within 30 days after the date of such approval said plan shall
be recorded in the Recorder's Office of Allegheny County, Pennsylvania,
and the owner shall forthwith notify the Borough Council in writing
of the date and of the record of such recording. After a recording
plan shall have been officially recorded, the streets, parks and other
public improvements shown on said recording plan shall be considered
to be a part of the Official Plan of the Borough. Streets, parks and
other public improvements shown on a recording plan may be offered
for dedication to the Borough by formal dedication to the Borough
by formal notation thereof on such plan, or the owner may note on
such plan that such improvements have not been offered for dedication
to the Borough. Every street, park, or other improvement shown on
a recording plan that shall have been recorded as provided herein
shall be deemed to be a private street, park or improvement, until
such time as the same shall have been offered for dedication to the
Borough and accepted, by ordinance or resolution, or until it shall
have been condemned for use as a public street, park or other improvement.
Not less than four duplicate copies of the recording plan and not
less than the original and three copies of the subdivision plan shall
be furnished to Council at the time the recording plan is approved
by Council.
2. The provision of this section requiring a subdivision plan to be
recorded in the Recorder's Office of Allegheny County shall not
apply to subdivisions of property for residential use of not more
than three lots; provided, however, that where an owner of property
capable of being subdivided into more than three lots has a plan approved
of only three lots and thereby avoids the recording provisions contained
herein, said property owner, his heirs, successors and assigns, shall
not hereafter be permitted to have a plan of subdivision of the balance
of the property approved without including in said subsequent plan
the original lots of the subdivision which were not in a recorded
plan.
[Ord. 180, 9/6/1955, § 11; as amended by Ord. 343,
7/11/1978, § 3]
Before approving any subdivision plan and/or the recording plan,
Council shall require either that the necessary grading, paving and
other street improvements, including, where specified by Council,
curbs, water mains, sanitary sewers and storm sewers, and streetlights,
shall have been installed by the owner or developer in strict conformity
with the standards and specifications of the Borough, or that the
Borough be assured by the owner or developer, in the form of a bond
or deposit of funds or securities in escrow sufficient to cover the
cost to the owner or developer of the required improvements, as estimated
by the Borough Engineer, that the said improvements will subsequently
be installed by the owner or developer of said subdivided lot, tract,
or parcel of land, and within such time limit as may be prescribed
by Council in any given case.
[Ord. 180, 9/6/1955, § 12]
No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a plan of such subdivision shall have been approved and the recording plan properly recorded, and until the improvements required by Council in connection therewith shall have been either constructed or guaranteed as provided in §
22-111 of this chapter. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship. Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit, or erection of a building, subject to such conditions necessary to assure adequate streets and other public improvements.
[Ord. 180, 9/6/1955, § 13]
Council may, by resolution, establish and amend from time to
time a uniform schedule of reasonable fees to cover the costs and
expenses incurred by it, its agents, appointees and/or employees,
for studies and reports on all plans submitted to it for approval,
and also for the inspection of construction operations, tests of materials,
and the acceptance of improvements made by the owner.
[Ord. 180, 9/6/1955, § 14]
The Borough Engineer and Borough Secretary shall be notified
in writing by the owner (or by the contractor) at least three days
in advance of the commencement of any construction operation, such
as grading or paving of streets and/or sidewalks, or sewer or water
main installation, in order that provision may be made for the inspection
of any such operation. Samples of materials and every reasonable facility
for ascertaining whether the work is in conformity with the provisions
of this chapter shall be furnished by the contractor in the proper
officers and/or employees of the Borough in the same manner as is
required of contractors under the terms of the construction specifications
of the Borough. Cost of inspection to be borne by the Borough.
[Ord. 180, 9/6/1955, § 15 as added by A.O.]
1. In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2. The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
A. The owner of record at the time of such violation.
B. The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C. The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D. The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
3. As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 180, 9/6/1955, § 15 as added by A.O.]
1. Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the [Municipality],
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Borough as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the magisterial district
judge. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the magisterial district judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
2. The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
4. Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art.
1]
1. Purpose. The specific purpose of these provisions is:
A. To regulate the subdivision and/or development of land within any
designated floodplain district in order to promote the general health,
safety and welfare of the Borough.
B. To require that each subdivision lot in floodprone areas be provided
with a safe building site with adequate access; and that such public
facilities which serve such uses be designed and installed to preclude
flood at the time of the initial construction.
C. To protect individuals from buying lands which are unsuitable for
use because of flood by prohibiting the improper subdivision and/or
development of unprotected lands within the designated floodplain
districts.
2. Abrogation and Greater Restrictions. This chapter supersedes any
ordinances currently in effect in flood areas. Any other applicable
ordinances, however, shall remain in full force and effect to the
extent that those provisions are more restrictive.
3. Municipal Liability. The grant of a permit or approval of a plan
for any proposed subdivision and/or land development to be located
within any designated floodplain district shall not constitute a representation,
guarantee, or warranty of any kind by the Borough or by any official,
agent, or employee thereof of the practicability or safety of the
proposed use, and shall create no liability upon the Borough, its
officials or employees.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art.
2; and as amended by A.O.]
1. Pre-application Procedures.
A. Prior to the preparation of any plans, it is suggested that the prospective
developers consult with the Pennsylvania Department of Environmental
Protection concerning soil suitability when on-site sewage disposal
facilities are proposed.
B. Prospective developers shall consult the County Conservation District
representative concerning the erosion and sediment control and the
effect of geologic conditions on the proposed development. At the
same time a determination should be made as to whether or not any
flood hazards either exist or will be created as a result of the subdivision
or development.
2. Preliminary Plan Requirements. The following information shall be
required as part of the preliminary plan and shall be prepared by
a registered engineer or surveyor where the subdivision and/or land
development is located as indicated in Subsection 2C.
A. Name of engineer, surveyor, or other qualified person responsible
for providing the information required in this section.
B. A map showing the location of the proposed subdivision and/or land
development with respect to any designated floodplain district including
information on the one-hundred-year flood elevations.
C. Where the subdivision and/or land development lies partially or completely
within any designated floodplain districts or where such activities
border on any designated floodplain district, the preliminary plan
map shall include the following information:
(1)
The location and elevation of proposed roads, utilities, and
building sites, fills, flood or erosion protection facilities.
(2)
The one-hundred-year flood elevations.
(3)
Areas subject to special deed restrictions.
|
All such maps shall show contours at intervals of two or five
feet depending upon the slope of the land and identify accurately
the boundaries of the designated floodplain districts.
|
3. Final Plan Requirements. The following information shall be required
as part of the final plan and shall be prepared by a registered engineer
or surveyor where a preliminary plan is required.
A. All information required for the submission of the preliminary plan
incorporating any changes requested by the Borough.
B. A map showing the exact location and elevation of all proposed buildings,
structures, roads, and public utilities to be constructed within any
designated floodplain district. All such maps shall show contours
at intervals of two feet and identify accurately the boundaries of
the flood-prone areas.
|
Submission of the final plan shall also be accompanied by all
required permits and related documentation from the Department of
Environmental Protection, and any other commonwealth agency, or local
municipality where any alteration or relocation of a stream or watercourse
is proposed. In addition, documentation shall be submitted indicating
that all affected adjacent municipalities have been notified of the
proposed alteration or relocation. The Department of Community and
Economic Development, and the Federal Insurance Administrator shall
also be notified whenever any such activity is proposed.
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[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art.
3]
1. General.
A. Where not prohibited by this or any other laws or ordinances, land
located in any designated floodplain district may be platted for development
with the provision that the developer construct all buildings and
structures to preclude flood damage in accordance with this and any
other laws and ordinances regulating such development.
B. Building sites for residences or any other type of dwelling or accommodation
shall not be permitted in any designated floodway district. Sites
for these uses may be permitted outside the floodway district if the
sites or dwelling units are elevated up to the regulatory flood elevation.
If fill is used to raise the elevation of a site, the fill area shall
extend laterally for a distance of at least 15 feet beyond the limits
of the proposed structures.
C. Building sites for structures or buildings other than for residential
uses shall also not be permitted in any designated floodway district.
Also, such sites for structures or buildings outside the floodway
shall be protected as provided for in Subsection 1B above. The governing
body, however, may allow the subdivision and/or development of areas
or sites for commercial and industrial uses at an elevation below
the regulatory flood elevation if the developer otherwise protects
the area to that height or assures that the buildings or structures
will be floodproofed at least up to that height.
D. If the Borough determines that only a part of a proposed plat can
be safely developed, it shall limit development to that part and shall
require that development proceed consistent with this determination.
E. When a developer does not intend to develop the plan himself and
the Borough determines that additional controls are required to insure
safe development, it may require the developer to impose appropriate
deed restrictions on the land. Such deed restrictions shall be inserted
in every deed and noted on every recorded plat.
2. Excavation and Grading. Where any excavation or grading is proposed
or where any existing trees, shrubs or other vegetative cover will
be removed, the developer shall consult the County Conservation District
representative concerning plans for erosion and sediment control and
to also obtain a report on the soil characteristics of the site so
that a determination can be made as to the type and degree of development
the site may accommodate. Before undertaking any excavation or grading,
the developer shall obtain a grading and excavation permit if such
is required by the Borough.
3. Drainage Facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure drainage at all points along streets, and
provide positive drainage away from buildings and on-site waste disposal
sites.
A. Plans shall be subject to the approval of the Borough. The Borough
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and
regional drainage plans. The facilities shall be designed to prevent
the discharge of excess runoff onto adjacent properties.
4. Streets. The finished elevation of proposed streets shall not be
more than the one foot below the regulatory flood elevation. The Borough
may require, where necessary, profiles and elevations of streets to
determine compliance with the requirements. Drainage openings shall
be sufficient to discharge flood flows without unduly increasing flood
heights.
5. Sewer Facilities. All sanitary sewer systems located in any designated
floodplain districts, whether public or private, shall be flood-proofed
up to the regulatory flood elevation.
A. The Borough shall prohibit installation of sewage disposal facilities
requiring soil absorption systems where such systems will not function
due to high ground water, flooding, or unsuitable soil characteristics
or are proposed for location in designated floodplain districts. The
Borough may require that the developer note on the face of the plat
and in any deed of conveyance that soil absorption fields are prohibited
in designated areas.
B. The Borough may prescribe adequate methods for waste disposal. If
a sanitary sewer system is located on or near the proposed subdivision
and/or land development, the Borough shall require the developer to
provide sewage facilities to connect to this system where practical,
and shall prescribe the procedures to be followed by the developer
in connecting to the system.
6. Water Facilities. All water systems located in any designated floodplain
districts, whether public or private, shall be flood-proofed up to
the regulatory flood elevation. If there is an existing public water
supply system on or near the subdivision, the Borough shall require
the developer to connect to this system where practical, and shall
prescribe the procedures to be followed by the developer in connecting
to the system.
7. Other Utilities and Facilities. All other public and private utilities
and facilities including gas and electric shall be elevated or floodproofed
up to the regulatory flood elevation.
[Ord. 180, 9/6/1955; as added by Ord. 361, 10/23/1979, Art.
4]
BUILDING
Combination of materials to form a permanent structure having
walls and a roof. Included shall be all mobile homes and trailers
used for human habitation.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the Borough Zoning Ordinance [Chapter
27] as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF), and the General Floodplain District (FA).
DEVELOPER
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 and the subdivision of land.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other pavings, utilities, mining,
dredging, filling, grading, excavation, or drilling operations and
the subdivision of land.
DWELLING
A building designed and constructed for residential purposes
in which people live.
ONE HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
one-hundred-years, (i.e., that has a 1% chance of occurring each year,
although the flood may occur in any year).
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, factories,
sheds, cabins, mobile homes, and other similar items.
SUBDIVISION
The 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, transfer of ownership or building or
lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted.