[Ord. 10/13/1971, § 200; as amended by Ord. 12/15/1987]
As used in these regulations, words expressed in the singular include their plural meanings; and words expressed in the plural include their singular meanings. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The words "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof." The word "may" is permissive; the words "shall" and "will" are mandatory, subject to the provisions of § 22-202 hereof.
[Ord. 10/13/1971, § 5210; as amended by Ord. 7/6/1979B; by Ord. 12/4/1981, § 1; by Ord. 12/15/1987; by Ord. 12/12/1991A, § 4;
by Ord. 11/12/1992, § 1; by Ord. 7/10/1997, §§ 1, 2; and by Ord. 10/13/2005, § 1]
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, and in the
Pennsylvania Municipalities Planning Code, except where the context
clearly indicates a different meaning. Any word or term not defined
herein shall be used with a meaning of standard usage.
Act of July 31, 1968, P.L. 805, as amended, known as the
"Pennsylvania Municipalities Planning Code," 53 P.S. § 10101.
Any person, other than the developer, who, acting for the
developer, submits to the Commission and governing body plans for
the purpose of obtaining approval thereof.
A right-of-way providing secondary vehicular access to the
side or rear of two or more properties.
(See "street.")
An area bounded by streets.
Any structure, including mobile homes, having a roof supported
by columns, or enclosed within exterior walls or fire walls, built,
erected, or framed of component structural parts intended for the
shelter, housing or enclosure of persons, animals or property.
A line within a property defining the required minimum distance
between any structure and the adjacent street line.
A detached subordinate structure, the use of which is customarily
incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal
building.
The main structure on a given lot, designed for the housing,
shelter, enclosure and support of individuals, animals or property
of any kind.
A tract or tracts of land, or any portion thereof, used for
the purpose of providing three or more spaces for motor homes, recreational
vehicles, travel trailers or tents, with or without a fee charged
for the leasing, renting or occupancy of such space.
The portion of a street or alley intended for through vehicular
travel.
A line located exactly in the center of the width of the
cartway, right-of-way, easement, access, road or street.
The Chairman of the Montour Township Planning Commission.
An area of unobstructed vision at street intersections defined
by two street lines and by a line of sight between two points on the
street lines at a given distance from the intersection.
(See "street.")
The Montour Township Planning Commission, unless otherwise
noted.
A building or structure, or nonstructural improvement, such
as an easement for utilities or stormwater control, jointly owned
and/or maintained by property owners within a subdivision, or by a
governmental agency, to provide a public service.
A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
Dwelling units created by the division of a large building
(single-unit dwelling, barn, or other structure) into a multi-unit
structure without substantially altering the building exterior.
Columbia County, Pennsylvania, unless otherwise noted.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
are compatible with the full exercise and enjoyment of the public
uses to which the property has been devoted.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
A formal binding written agreement between a developer and
Montour Township negotiated as part of the subdivision or land development
plan approval process which specifies responsibility of the developer
as conditions of plan approval, including, but not limited to, qualities
of development design and construction, timing of development and
public infrastructure availability/connections, community facility
or other improvements construction and/or financial contributions
for on-site or off-site locations and may, at the option of the Township,
also list obligations assumed by the Township.
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 minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
Any room or group of rooms forming a single habitable unit
with facilities which are used or intended to be used for living,
sleeping, cooking and eating by one person, one family, or two or
more persons functioning as one household.
A structure designed for and occupied by two or more dwelling
units, each having at least a portion of one wall in common with an
adjacent unit, i.e., townhouse or apartment units.
A freestanding structure consisting entirely of a single
dwelling unit from ground to roof with independent access and open
space on all sides.
A structure containing two or more dwelling units not having
independent outside access and not having a common wall(s) forming
a complete separation between individual dwelling units.
A limited right-of-use granted in private land for public
or quasi-public purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Montour Township
Planning Commission and/or Montour Township.
Those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Township by the Federal Insurance Administration dated February 1, 1979, and adopted by amendment in Chapter 27, Zoning. Areas within the floodplain, i.e., floodway, flood-fringe and general floodplain, are established and defined in Chapter 8, Floodplain Management.
The Montour Township Board of Supervisors.
A street parallel and adjacent to a property line having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
Those physical additions, installations and changes required
to render land suitable for the use proposed.
A right-of-way easement for pedestrian travel across or within
a block.
Use of a lot or parcel for other than full-time occupancy,
for seasonal, leisure, and other recreational 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,
lease-holds, condominiums, building groups or other features.
A subdivision of land.
Development which involves the following shall be excluded:
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, an "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 shall be deemed
to be a landowner for the purposes of this chapter.
A safe stopping area at the intersection of streets or the
intersection of a driveway and a street which is designed in accordance
with the standards of this chapter.
A designated parcel, tract or area of land established by
a 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 the individual
parcels of land as shown on a plan, excluding any area within a street
right-of-way but including the area of any easement or future right-of-way.
Any boundary line of a lot.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, the property owner shall have the option of choosing which is the rear lot line, subject to the approval of the Zoning Officer.
SIDE LOT LINEAny lot line that is not a street line or a rear lot line.
A lot which has been recorded in the office of the Recorder
of Deeds of Columbia County, Pennsylvania.
The distance between the side lot lines measured at the building
setback line.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at the points beginning with the lot or at the points
of intersection of the side lot lines with the street right-of-way
lines intersect at an interior angle of less than 135°.
A lot with front and rear street frontage.
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street.
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.
A 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 may be used without a permanent
foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building providing separate dwelling units for two or more
families.
The construction, reconstruction, extension, expansion, alteration,
location or relocation of a building (including mobile homes), structure,
and/or improvements (such as streets, utilities, etc.).
A lot, the area or dimension of which was lawful prior to the adoption or amendment of Chapter 27, Zoning, of the Code of the Township of Montour, but which fails to conform to the requirements of the newly adopted or amended ordinance by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable standards and provisions in Chapter 27, Zoning, or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of Chapter 27 or amendment or prior to the application of Chapter 27.
A map adopted by ordinance by the Montour Township Supervisors
pursuant to Article IV of the Pennsylvania Municipalities Planning
Code.
The horizontal area of land or surface water within or related
to a development, predominantly undeveloped, not owned individually
or dedicated to the public, which is designed or intended for the
common use or enjoyment of the residents, owners or tenants of the
development and may include such complimentary structures or improvements
as are necessary and appropriate.
Exterior space open on its sides to weather but not open
above to the sky and weather, including roofed porches, carports and
covered balconies. For purposes of this chapter, covered open space
shall not be counted toward fulfillment of required open space.
An off-street space available and designed, developed and intended for the parking of one motor vehicle and having direct usable access to a street or road, all in accordance with the requirements of this chapter and Chapter 27, Zoning.
A complete and exact subdivision or development plan, prepared
for official recording, to define property rights and proposed streets
and other improvements.
A tentative subdivision or development plan, in lesser detail
than a final plan, showing the salient existing features of a tract
and its surroundings and approximate proposed street and lot layout
as a basis for consideration prior to preparation of a final plan.
An exact copy of the approved final plan on map material
acceptable to the Columbia County Recorder of Deeds.
An informal plan, not necessarily to scale, indicating the
salient existing features of a tract and its surroundings and the
general layout of the proposed subdivision or land development.
The map or plan of a subdivision or land development, whether
preliminary or final.
A structure(s) which houses the main use or activity on a
given lot or parcel.
A vehicular type of portable structure without permanent
foundation, which can be towed, hauled or driven and is primarily
designed as temporary living accommodation for recreational camping
and travel use and including, but not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
Any site upon which three or more recreational vehicles are,
or are intended to be, located.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
The lot or parcel created through subdivision which is the remaining portion of the parent tract. The residual property shall be considered as an integral part of the proposed subdivision and shall be required to meet the standards of this chapter and Chapter 27, Zoning, where determined appropriate or necessary by the Township.
Any revision in boundary lines of lots or public rights-of-way
or transfer of land within an approved subdivision not in strict accordance
with the approved plan.
Land set aside for use as a street, alley or other means
of travel.
A barrier to visibility, glare, noise and dust between adjacent
properties or between dwellings or commercial establishments or industrial
facilities and public streets made of plant materials as specified
herein.
The Secretary of the Montour Township Planning Commission.
Any sewer, sewage system, sewage treatment works or parts
thereof designed, intended or constructed for the collection, treatment
or disposal of liquid waste (including industrial waste).
That portion of the roadway which is adjacent to the cartway
and is intended for lateral support of the wearing surface, emergency
stopping, and a minimal amount of recovery area beyond the cartway
wearing surface edge.
A special approval issued by the Department of Community
Affairs and/or Montour Township in accordance with Section 38.6 of
the DCA Floodplain Management Regulations for specific types of development
and obstructions which present a special hazard to the health and
safety of the public or occupants, or may result in significant pollution,
increased flood levels or flows, or debris endangering life or property,
when such development or obstructions are located in all or a designated
portion of a floodplain.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Streets are
further classified as follows:
PRINCIPAL ARTERIALThese are normally limited-access highways with interstate designation which serve corridor movement having trip length and travel density characteristics indicative of substantial state-wide or interstate travel. They serve urban areas over 50,000 in population and most of those with over 25,000 in population. They provide an integrated network except where geographic or other unusual conditions dictate stub connections.
MINOR ARTERIALThese are major highways or roads that serve the remaining urban areas (over 5,000 in population) and other major traffic generators having an equivalent population. They form an integrated network with the principal arterials to provide intrastate and intercounty service. These generally include Federal Aid Primary routes, state-designated routes and U.S. traffic routes not classified principal arterials.
MAJOR COLLECTORThese are roads which serve county seats and other established communities not adequately served by the arterial system. They serve consolidated schools, industrial, shipping and agricultural centers, parks and other public facilities, etc., and provide service to nearly all developed areas. State-designated routes may be included. Desirable operating speeds range from 35 to 55 mph.
MINOR COLLECTORThese are roads owned by the state or Township which provide connections to local roads and minor arterials. They serve small boroughs, villages, developed areas, agricultural areas, and local public facilities or convenience commercial businesses. Traffic volumes and trip lengths vary greatly depending upon size and distance between generators and major collectors or arterials. Desirable operating speeds range from 30 to 50 mph.
LOCAL ROADThese include all remaining routes which primarily provide access to adjacent land. They provide the lowest level of mobility on which through traffic movement is deliberately discouraged and do not include state-designated routes. Traffic volumes are normally very low and desirable operating speeds range from 25 to 40 mph.
MARGINAL-ACCESS STREETLocal streets, parallel and adjacent to major collectors and minor arterials, for the purpose of providing safe access to abutting properties and control of intersections with major streets.
ALLEY or SERVICE DRIVEA minor right-of-way which provides a secondary access primarily for service to the back or sides of properties.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way; provided, that,
where a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, as defined hereinbelow.
MINOR SUBDIVISIONThe subdivision of land abutting an existing public street cumulatively involving not more than four lots, parcels or other divisions of land from the same parent tract subsequent to October 13, 1971 (the effective date of this chapter), including the residual of the parent tract as a lot and regardless of size, which do not require a new street, sanitary sewer, storm sewer, water main or distribution lines, or any other municipal facility or public improvement.
Where, 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 this chapter) of those improvements
required as a condition for final approval have been completed in
accordance with the approved plan, so that the project will be able
to be used, occupied or operated for its intended use.
The Montour Township Board of Supervisors.
Montour Township, Columbia County, Pennsylvania, including,
for the purposes of this chapter, its officials, agents or designees.
Land in parcels sufficiently large for future subdivision
which is presently in agriculture, woodland or lying fallow.
Any activity carried on or intended to be carried on in a
building or other structure or on a tract of land.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within Montour Township and adjacent related
aquifers.
Any river, stream, run, rill, drainageway, lake, pond or
other body of water appearing as a permanent or intermittent waterway
on United States Geological Survey Topographical Maps.
An open space unobstructed from the ground up, except as may be permitted herein or in Chapter 27, Zoning, on the same lot with a principal use structure, extended along a lot line or street line and inward to the principal use structure. The size of a required yard shall be measured as the shortest distance between the principal use structure and a lot line or street line.
FRONT YARDAn open space between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. In the case where a property does not abut a public road, the property owners shall have the option of choosing which is the front yard, subject to the approval of the Zoning Officer.
REAR YARDAn open space between a principal use, structure and a rear lot line and extending the entire length of the rear lot line.
SIDE YARDAn open space between a principal use structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard shall be considered a side yard.
