As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
CLUBHOUSE
A use, the primary function of which is to provide indoor
recreational, meeting, and/or administrative space to serve the residents
of a development that is maintained and operated by a homeowners'
association as a part of the common open space of a planned residential
development.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. Areas devoted to stormwater management facilities shall be permitted to be included within the minimum required common open space area, in conformance with §
450-66E of this chapter.
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.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this article shall mean the written
and graphic materials referred to in this definition.
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(2)
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.
C.
In accordance with Section 503(1.1) of the MPC, the following activities are excluded from the definition
of a "land development":
(1)
The conversion of an existing single-family detached dwelling
(less than 3 units);
(2)
The addition of an accessory building (including farm/agricultural
buildings); or
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise that could be considered an "amusement park."
LANDOWNER
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.
PERIMETER BUFFER
The fifteen-foot area between the continuous line forming
the boundary of a property and the developed portion of a planned
residential development. The perimeter buffer functions as an opaque
screen from the ground to a height of at least 10 feet preventing
visual contact between uses and creating a strong impression of total
separation.
[Added 3-27-2023 by Ord. No. 1114]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or a combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
PLANNING AGENCY
A planning commission, planning department, or a planning
committee of the governing body.
PLAT
The map or plan of subdivision or land development, whether
preliminary or final.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC NOTICE
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 days from the date of the hearing.
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 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.