Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meaning indicated:
A.
Words in the singular include the plural and those in the plural
include the singular;
B.
Words used in the present tense include the future tense;
C.
The words "person," "applicant," "subdivider," "developer," and "landowner"
include a corporation, unincorporated association, a partnership,
other legal entity, as well as an individual;
D.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof";
E.
The word "watercourse" includes channel, creek, ditch, dry run, spring,
stream and river;
F.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
Other terms or words used in this chapter and the accompanying
standards and specifications:
Any building subordinate to the principal use on the lot,
except that the construction of an accessory building containing less
than 900 square feet of floor area shall not be considered, when that
is all that is being constructed or improved, as a "building" for
purposes of requiring compliance with land development planning.
See "service street."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary or final, which is
required to be filed and approved prior to start of construction or
development. This includes, but is not limited to, an application
for a building permit, for the approval of a subdivision plot or plan
or for the approval of a development plan.
An area bounded by three or more streets.
Front yard line, the line within a property defining the
minimum required distance between any building to be erected, and
an adjacent right-of-way, or front lot line.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An 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. No structures or vegetation (other than
grass) of any type, including, but not limited to, mailboxes, shall
obstruct vision in a clear sight triangle.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
Regulations adopted pursuant to this chapter imposing minimum
standards in the layout by which a subdivision is developed.
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.
The provisions for development of a planned residential development,
including 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 these regulations, shall mean the written and
graphic materials referred to in this definition.
A lot with frontage on a front and rear street, which provides
vehicular access from each street in either direction.
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 or contiguous
land areas.
A plan showing all present and existing surface and subsurface
drainage conditions as described by grades, contours and topography
with proposed methods and facilities to collect and convey said drainage.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
Any structure or part thereof designated to be occupied as
living quarters for a single family or as a single housekeeping unit.
Any number of persons living and cooking together in a single housekeeping
unit, but not including more than three unrelated persons.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the municipality
or planning agency.
Regulations adopted pursuant to this chapter imposing minimum
standards for the construction of the required improvements such as
curbs, sidewalks, sewers, etc.
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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[1]
Excluded from the definition of "land development" shall be
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 condominium;
The addition of an accessory building containing less than 900
square feet of floor area when constructed as the only improvement
to the premises, including farm buildings, on 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), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in the land.
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed, or
built upon as a unit.
The area contained within the property lines of a lot (as
shown on the plan), excluding space within all streets and within
all permanent drainage easements, but including the areas of all other
easements.
A metal pipe or pin of at least one-half-inch diameter (preferred
3/4 inch or 7/8 inch) and at least 24 inches in length (preferred
30 inches to 36 inches).
A stone or concrete monument with a flat top at least four
inches in diameter or square containing a copper or brass dowel (plug),
and at least 24 inches in length (preferred 30 inches to 36 inches).
It is recommended that the bottom sides or radius be at least two
inches greater than the top to minimize movements caused by frost.
A complete and exact subdivision and/or land development
plan (and including all required supplementary data), prepared for
official recording as required by statute, to define property rights
and proposed streets and other improvements.
The element of the County Comprehensive Plan, hereafter adopted,
which shall show the general location, alignment, and dimensions,
and the identification and classification of existing and proposed
streets, highways, and other thoroughfares.
The Comprehensive Development Policy Plan (Master Plan) and/or
Future Land Use Plan and/or Ultimate Right-of-way Plan and/or Official
Map or other such plans, or portions thereof, as may be adopted, pursuant
to statute, for the area of the municipality in which the subdivision
is located.
A tentative subdivision and/or land development plan (and
including all required supplementary data), in lesser detail than
a final plan, showing approximate proposed street and lot layout as
a basis for consideration prior to preparation of a final plan.
The copy of the approved final plan prepared for necessary
signatures and recording with the County Recorder of Deeds.
An informal plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision.
The Planning Commission of the municipality adopting these
regulations.
A building in which is conducted the principal use of the
land on which it is situated.
Includes:
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A parcel of ground in separate (sometimes public) ownership
separating a street from other adjacent properties, or from another
street.
Any individual maintaining a voting address in the municipality
within 1,000 feet of the proposed subdivision, owning real estate
in his own or joint names. A tenancy in common or any other means
of joint ownership shall be considered as an individual; however,
the signature of any single joint owner shall be considered as binding
the others.
Any replatting or resubdivision of land, limited to changes in lot lines on approved final plan or record plan as specified in § 355-410 of these regulations. Other replatting shall be considered as constituting a new subdivision of land. See also "subdivision."
A lot extending between and having frontage on two generally
parallel streets (excluding service streets), with vehicular access
solely from one street, which is the street of lesser classification.
An examination of the sketch plan, preliminary plan, and/or
final plan by the Planning Commission and the government creating
such to determine compliance with this chapter and the administrative
regulations, design standards and improvement specifications enacted
pursuant thereto.
The total width of any land reserved or dedicated as a street,
alley, and crosswalk or for other public purposes.
See "cartway."
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant.
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. Sight distance measurement shall be made
from a point 4.5 feet above the center line of road surface to a point
0.5 foot above the center line of road surface.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) intended for use as a means of vehicular
and pedestrian circulation to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct and any other ways used or
intended to be used by vehicular traffic or pedestrians whether public
or private. Streets are further classified according to the functions
they perform:
MINOR OR LOCAL STREETA street used primarily to provide access to abutting properties;
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end;
HALF (PARTIAL) STREETA street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street;
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
COLLECTOR STREETA street which provides a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial and commercial subdivisions shall generally be considered collector streets); sometimes called a "feeder street" which connects a local street system with a major street or highway system.
MAJOR STREET OR THROUGH HIGHWAYA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Highways. A highway on which preference is given to the through movement of traffic at the expense of cross traffic.
SERVICE STREET (ALLEY)A minor right-of-way primarily for service access to the back or side of properties.
CURRENT STREETSThe following currently existing streets in the Borough shall have the following classifications:
Bank Avenue: service street.
Broad Street: minor/local street.
Chestnut Street: minor/local street.
Circle Drive: cul-de-sac street.
Church Street (North and South): major street.
Fifth Street: minor/local street.
Fourth Street: collector street.
Fritz Avenue: cul-de-sac street.
Geiger: service street.
Groff Avenue (North): minor street.
Hensel Avenue: service street.
Hess Street (North): service street.
Hess Street (South): minor/local street.
Hillcrest Avenue: minor/local street.
Lime Street (North): major street.
Lime Street (South): major street.
Maple Avenue: minor street.
Oak Lane: service street.
Park Avenue: collector street.
Quarry Place: cul-de-sac street.
Saint Catherine Street: minor/local street.
Second Street: minor/local street.
Seiple Avenue: service street.
Smith Drive: cul-de-sac street.
Stanton Road: minor/local street.
State Street: major street.
Summit Avenue: minor/local street.
Third Street: minor/local street.
Wagner Drive: service street.
Any man-made object having ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the subdivision and/or development of land,
as defined by these regulations, as the owner, equitable owner (or
agent authorized thereby) of the land being subdivided.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts 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 not more than 10 acres not involving any
new street or easement of access or any residential dwelling, shall
be exempt.
A subdivision or land development not classified as a "minor
subdivision."
A subdivision containing not more than two lots, sites, or other
divisions of land, which meets the following criteria:
Does not, in the opinion of the Planning Commission, adversely
affect the development of the remainder of the parcel by:
Does not, in the opinion of the Planning Commission, adversely
affect adjoining property by reason of:
Does not adversely affect the present or future development
of the Borough by reasons of:
Conflict with the proposals of the Comprehensive Plan regarding
types of land use, density of population, circulation requirements,
community facilities, open space, preservation, recreation needs;
Conflict with any provision of the Official Map.
Conflict with any provision of Chapter 420, Zoning.
Conflict with any portion of this chapter.
Does not constitute a subdivision or a resubdivision of any
lot, tract, site, parcel or other division of land, or portion thereof
which had previously been subdivided: subsequent to passage of this
chapter; or within the five years prior to the submission application,
whichever is less. If such prior subdivision has taken place, both
the prior subdivision and the application of additional subdivision
shall be considered a single subdivision application for the purpose
of classification.
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In the instance where a subdivision contains not more than three
lots, sites, or other divisions of land, but fails to meet no more
than two of the first five criteria for a minor subdivision, the Planning
Commission may, at its discretion, classify the subdivision as minor.
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Land development where there is the addition of any new nonresidential
buildings or an addition to any currently existing nonresidential
building involving less than 10,000 square feet of additional square
feet of building area or less than 50% more floor area than currently
exists.
If more than 10,000 square feet of impervious surface, in addition to that created by the building alone, is created by the improvement, the plans may, nevertheless, if no other provision hereto requires the plan to be treated as a major subdivision, be constituted as a minor subdivision, but the applicant shall also submit a stormwater management plan for review, and approval, pursuant to § 355-625 hereof.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan, and any wetland area designated by a
river basin commission.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
