[Ord. 2005-2, 4/4/2005]
1.
As used in this chapter, words in the singular include the plural
and those in the plural include the singular. The word "person" includes
a corporation, unincorporated association and a partnership, as well
as an individual. The word "building" includes "structure" and shall
be construed as if followed by the phrase "or part thereof." The word
"street" includes "avenue," "boulevard," "court," "expressway," "highway,"
"land," "arterial," and "road." The word "watercourse" includes "channel,"
"creek," "ditch," "drain," "dry run," "spring," and "stream." The
word "may" is permissive; the words "shall" and "will" are mandatory.
2.
The term "developer" shall include the term "subdivider," and the
term "subdivider" shall include the term "developer," as the case
may be applicable to a subdivision or a land development.
3.
The term "land development" shall include the term "subdivision"; provided, however, that a subdivision may, or may not include a land development as defined in § 22-802 hereof.
4.
All applications for land developments shall be processed in the
same manner as prescribed herein for subdivisions, regardless of whether
or not they include the subdivision of land or buildings.
[Ord. 2005-2, 4/4/2005]
As used in this chapter, the following terms shall be defined
as follows:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
The principal use of land for the production of food and/or
plant products for use off the property of the principal use.
A public thoroughfare, dedicated to public use, other than
a street, which affords only a secondary means of access to abutting
property, which is not intended for general traffic circulation, and
which has a width of 20 feet primarily for service to the rear or
side of a property.
The peak elevation of waters of the one-hundred-year flood
at each point in a flood hazard zone.
An area bounded by streets, railroads, public facilities,
or other rights-of-way or easements, or other definite barriers.
Borough of Watsontown.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals, or property. When such a structure is divided into separate
parts by one or more unpierced walls extending from the ground up,
each part is deemed a separate building, except as regards minimum
side yard requirements.
A building in which is conducted the principal use of the
building site on which it is situated. In any residential district
any dwelling shall be deemed to be a principal building on the zone
lot on which the same is located.
A line parallel to the front, side, or rear lot line set
so as to meet the yard and setback requirements.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
Watsontown Planning Commission Chairman.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
The Watsontown Borough Planning Commission.
Ownership 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.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no rights other than
such as are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
A landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The developer's engineer may include a registered professional
engineer or a registered Professional Land surveyor, subject to the
limitations of their respective licenses.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Vehicular access to property from a road; such access generally
slopes upward from the road to the property served by the road.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of a family, except as otherwise
provided herein. The use of any building or portion thereof for congregate
housing for a halfway house, juvenile delinquents, convicts, exconvicts,
or other alternative forms of incarceration, an emergency shelter
or mission, or for the housing of transient persons, or other similar
uses, shall not constitute a dwelling.
A group of two or more residential buildings on a single
zone lot.
Any structure which shall contain one or more dwelling units,
not including a hotel, hospital, nursing home, dormitory, fraternity
or sorority house, rooming house or boarding house.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
A group of rental units, generally under single ownership
(but a condominium is not precluded) where there shall not be more
than eight dwelling units contained within each structure; such structures
containing garden apartment units are generally less than four stories
in height although in the Municipality they shall not exceed a height
of 2.5 stories or 35 feet.
A structure containing three or more dwelling units including
but not limited to garden apartments, condominiums and townhouses.
A building used by one family, having only one dwelling unit,
and having two side yards.
A building used by one family, having one side yard, and
one party wall in common with another building.
A townhouse shall include a group of not more than eight
single-family attached dwellings separated from each other by common
walls, where each unit contains a separate and private entrance to
the outside.
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced except for access to the outside
or to a common cellar.
A defined right of use or privilege granted for a limited
use of public or private purpose.
A registered engineer, authorized to practice engineering
as defined by the Registration Act of the Commonwealth of Pennsylvania.[1]
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of an excavated
surface, and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
That land area which would underlie the waters of the one-hundred-year
flood.
That area of the floodplain which must be capable of carrying
the waters of the one-hundred-year flood without increasing the water
surface elevation of that flood more than one foot at any point, which
area is marked as the "Floodway" on the Flood Boundary and Floodway
Map in the most recent Type 15 Flood Insurance Study prepared for
the Borough of Watsontown by the Federal Insurance Administration.
The Borough Council of the Borough of Watsontown.
For the purpose of applying the requirements for off-street
parking and loading, "gross floor area" in the case of offices, merchandising,
or service type of uses, shall mean the gross floor area used or intended
to be used by tenants, or for service patients, including areas occupied
by fixtures and equipment used for display or sales or merchandise.
It shall not include areas used principally for nonpublic purposes
such as storage, incidental repair, processing or packaging of merchandise
for shop windows, for offices incidental to the management or maintenance
of stores or buildings, for toilet or rest rooms, for utilities, or
for dressing rooms, fitting rooms or alteration rooms.
A deposit consisting of cash, a bond, a binding letter of
credit, escrow account, or negotiable securities and an agreement
guaranteeing the developer will install the required improvements.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; 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;
A subdivision of land;
Provided, however, that land development shall not include:
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; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, "amusement park" is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
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.
Any ordinance or map adopted pursuant to Articles IV, V,
VI or VII of Act 247 as amended.[2]
That portion of a steeply sloped road where the slope is
reduced as it approaches an intersecting road.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
The computed area contained within the lot lines and the
ultimate right-of-way line. The area within the right-of-way shall
not be computed as part of the lot area.
A lot abutting upon two or more streets at their intersection,
or upon two parts of the same street forming an interior angle of
less than 135°.
A lot, the opposite ends of which abut separate streets.
A lot between an arterial street and a minor street with
vehicular access only from the minor street.
Width of a lot measured at the building setback line.
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.
The Borough Engineer or other qualified person designated
by the governing body to perform all administrative and/or supervisory
duties required of the Municipal Engineer by the provisions of this
chapter; provided, however, that the Municipal Engineer shall not
represent any developer/applicant or be employed by a firm representing
a developer/applicant.
The Borough of Watsontown.
Northumberland County Planning Commission.
Total acreage excluding any area within a public right-of-way.
The "net land area" of any development parcel shall include
only the area contained within the property line and the ultimate
right-of-way (public right-of-way or other thoroughfare) shall not
be computed as part of the net land area.
Any piece of land, including all adjacent pieces of land
held in single and separate ownership regardless of the fact that
such ownership may be described in separate deeds.
A subbase, base course, or surface course placed on a subgrade
to support traffic load.
Any individual or group of individuals, partnership, or corporation.
A complete and exact subdivision or development plan, prepared
for official recording as required by statute, to define property
rights and proposed streets and other improvements.
A tentative subdivision plan, in lesser detail than a final
plan, showing approximate proposed streets and lot layout as a basis
for consideration prior to preparation of a final plan.
An informal plan, indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
subdivision.
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 the Pennsylvania Municipalities
Planning Code.[3]
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 from the date of the hearing.
Land legally dedicated for public purposes, including but
not limited to, a street, alley or interior walk.
The 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.
A pipe for conveying sewage, excluding storm, surface and
ground water.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
A line established by the Subdivision Regulations and/or Chapter 27, Zoning, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in said codes.
The portion of a roadway (cartway) between the curb or gutter
and the travel way intended for emergency and parking use.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A pipe for conveying rainwater, surface water, condensate,
cooling water, and similar liquid waste, exclusive of sewage or industrial
waste.
A plan that establishes the method(s) to be utilized in order
to prevent erosion and flooding damage to any property other than
the property which is generating the stormwater runoff.
A public or private thoroughfare not less than 30 feet in
width if in existence prior to the passage of this chapter nor less
than 50 feet in width if established subsequent to the passage of
this chapter which affords the principal means of access to abutting
property, including avenue, place, way, drive, land boulevard, highway,
road and any other thoroughfares except an alley.
SIDE STREETAny street, the length of which shall be not more than 50% of the length of the largest street line of the municipality's blocks of which it is part.
RESIDENTIAL STREETA street between two intersecting streets upon which a UR District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
ARTERIALSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, and include streets classified as arterial thoroughfares or primary streets in the Traffic Plan set forth in the Municipality's Comprehensive Plan.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept facilities and provide routes, to community facilities and to major traffic streets, and include streets classified as secondary streets in the Traffic Plan set forth in the Municipality's Comprehensive Plan.
HALF OR PARTIAL STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
LOCAL ACCESS STREETS, including MINOR STREETSThose used primarily to provide access to abutting property.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
MAJOR STREETSAll streets other than local access streets or marginal access streets.
The shortest distance between the lines delineating the right-of-way
of a street.
All streets and rights-of-way not dedicated, accepted and
maintained as public streets.
A street dedicated to public use.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location
on the ground. Among other things, structures include buildings, manufactured
homes, carports, walls, fences and billboards.
The owner, or authorized agent of the owner, of a subdivision
and/or land development.
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 residential dwelling shall be exempted.
SUBDIVISIONMAJOR — A major subdivision shall be the division of any lot, tract or parcel of land or parcels of land which abut a street of insufficient width or requires that a street be laid out through unimproved land, or the division of any lot, tract or parcel of land into four or more lots, tracts, or parcels of land, including changes in street lines or lot lines, for the purposes, whether immediate or future, of transfer of ownership or of building development.
SUBDIVISIONMINOR — A minor subdivision shall be the division of any lot, tract, or parcel of land, or a part thereof into less than four lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, or transfer of ownership or of building development, where such division, change or transfer does not abut a street of insufficient width and does not require that a street be laid out through unimproved land. No parcel of land held in single or separate ownership at the time of application for a minor subdivision may be further subdivided into an aggregate of four or more lots, tracts, or parcels of land, at any time subsequent to that date except in accordance with the requirements for a major subdivision.
Where in the judgement of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) 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 registered land surveyor, as defined by the Registration
Act of the Commonwealth of Pennsylvania.[4]
A low-lying stretch of land which gathers or carries surface
water runoff.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within a municipality.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
Watsontown Planning Commission.
