[Ord. No. 2022-04, 2/15/2022]
Unless otherwise expressly stated, the following terms and words
used herein shall, for the purposes of this chapter, have the meaning
indicated in this section.
[Ord. No. 2022-04, 2/15/2022]
1.
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
2.
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
3.
The word "applicant," "person," "subdivider," "developer" and "owner"
include an individual, firm, association, organization, partnership,
trust, company, corporation, or any other similar entity.
4.
The word "lot" includes the word "plot" or "parcel."
5.
The word "structure" includes "building" and the use of either word
shall be construed as if followed by the phrase "or a part thereof."
6.
The words "shall," "must," and "will" are mandatory; the word "may"
is permissive.
7.
The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
8.
Periods of time stated as a number of days refer to consecutive calendar
days, unless specified as "working days."
[Ord. No. 2022-04, 2/15/2022]
As used in this chapter, the following terms shall have the
meanings indicated:
A vehicular approach or entry to or exit from a multiunit
residential or a nonresidential land development.
See "building, accessory."
Average daily traffic volume.
Land used, or available for use without substantial change,
for agricultural operations whether for gain, pleasure, or sustenance.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock, and livestock
products and in the production, harvesting, and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance.
A commercially operated park with a predominance of outdoor
games and activities for entertainment including motorized, mechanical,
aquatic or other devices that hold or carry passengers for amusement
over a fixed or restricted area. Also typically includes booths for
the sale of food and drink.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
and assigns.
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. This shall include the required and
necessary application form, plans, fees, and any other data or documentation
submitted on behalf of a subdivision or land development.
Revised set of drawings submitted on behalf of a developer
upon completion of a land development that reflect all changes made
during the construction process and show the actual dimensions, geometry
and location of all elements of the land development.
See "homeowner's association."
Material used to replace or the act of replacing the land
surface with material removed during construction.
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
A raised earthen mound with landscape plantings of sufficient
height to constitute an effective screen providing maximum protection
and immediate visual screening.
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A unit of land containing one or more lots which is entirely
bounded by existing or proposed streets, public lands, cemeteries,
railroads, rights-of-way, watercourses or any other barriers to contiguous
development.
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Stormwater structures, facilities or techniques used to maintain
or improve the water quality of surface runoff.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania appointed by the Mifflinburg Borough Council to perform
independent review of engineering and technical site design details
of subdivisions and land developments.
A structure including supports having an opening measured
along the center of the pavement of more than 20 feet between supports
(i.e., undercroppings, abutments) designed to convey vehicles, pedestrians,
or other moving loads over a watercourse, railroad, public or private
right-of-way, or any depression.
A portion of a site, together with any structures or landscape
plantings, used and intended to provide a visual barrier between different
land uses or to shield, block or provide other protection from noise,
light, or nuisance between adjacent parcels of land. For the purposes
of this chapter the buffer yard is the applicable building setback
distance requirement and any additional buffer distance required by
the Mifflinburg Zoning Ordinance to lessen the impacts of incompatible
land uses.
The area of a lot remaining after the minimum rights-of-way,
setbacks (front, rear, and side) and open space requirements have
been met.
Any structure having a roof supported by columns or walls,
used for shelter, housing, or enclosure of persons, animals, or property.
BUILDING, ACCESSORYA structure secondary to and located on the same lot as but not connected to the principal building and serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALA building housing the main or principal use of the lot on which the building is located.
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The lot line separating the lot from the street right-of-way,
which designates the minimum distance that buildings must be set back
from a street right-of-way. Such distance shall be measured at right
angles from the front street right-of-way that abuts the property
upon which a building is to be located and be parallel to the right-of-way
line. If a parcel does not abut a road right-of-way, the front setback
line shall be measured from front of the principal building to the
nearest property line.
The lot line opposite and most distant from the front setback
line, which designates the minimum distance that buildings must be
set back from the rear property line. Such distance shall be measured
at right angles from the rear property line that abuts the property
upon which a building is to be located and be parallel to the said
rear property line.
Any lot line other than a front or rear setback line that
designates the minimum distance that buildings must be set back from
side property lines that extends from the front building setback line
to the rear building setback line. Such distance shall be measured
at right angles from the side property lines that abut the property
upon which a building is to be located and be parallel to the said
side property lines.
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The outside diameter of trees measured for buffering and
landscaping purposes at a point on the trunk six inches above the
natural ground line.
A sediment formed by the organic or inorganic precipitation
of mineral compounds characterized by the fundamental chemical ion
CO3, the principal element in limestone and dolomite strata.
The improved surface of a right-of-way that is available
and intended for vehicular traffic in the form of a street, alley,
or driveway.
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A line running parallel to and equidistant from both sides
of the traveled portion of a street.
The Chairperson of the Mifflinburg Borough Planning Commission.
The volume of stormwater from a site that must be captured
to provide twenty-four-hour extended detention of the one-year, twenty-four-hour
storm event in order to protect stream channels from erosion. For
streams with stocked or naturally reproducing trout extended detention
shall be for 12 hours.
Cement concrete meeting the requirements set forth in the
Pennsylvania Department of Transportation Publication 408.
An area of unobstructed vision at street intersections or street and driveway intersections defined by lines of sight between points at a given distance from the intersection of the street and/or driveway centerlines. For regulations pertaining to Clear Sight Triangles, refer to Ordinance 84-14 (12/18/1984), as amended by Ordinance 2008-1 (4/15/2008), known as the Mifflinburg Borough Zoning Ordinance (§ 29-500 Visibility at Intersections; Clear Sight Triangle).
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In a Karst geologic area, a distinct bowl-shaped depression
in the land surface; size and amplitude are variable; drainage is
internal. It differs from a sinkhole in that the ground surface is
unbroken and usually occurs in greater density per unit area.
A development design and site-planning concept in which several
buildings are concentrated in specific areas on the site to allow
the remaining land to be used for recreation, common open space, and
protection of other valued natural, historic, and cultural features
and resources.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site that is 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.
Commonwealth of Pennsylvania.
The official comprehensive plan of the Borough of Mifflinburg,
Pennsylvania adopted by the Mifflinburg Borough Council which establishes
broad goals for land use and growth management and may include plans
for future land use, parks, transportation, public facilities and
services, and the like.
A building or group of buildings in which dwelling units,
offices, or floor area are owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional
and undivided basis and where there is an association of owners organized
for the purpose of maintaining, administering, and operating common
areas and facilities.
The Union County Conservation District.
A reasonable, rational, similar connection or relationship
between a development proposal and the municipal, multimunicipal,
and/or county comprehensive plan(s) or other relevant adopted planning
documents and ordinances.
The erection, fabrication, installation, demolition, or removal
of any structure, facility, feature or addition thereto, including
all related activities such as clearing of land, grading, earthmoving,
paving, and all other activities regulated by this chapter.
County of Union, Pennsylvania.
A publicly or privately owned right-of-way for pedestrian
use that crosses paved areas used for motor vehicles.
A street that provides a single means of ingress and egress
by intersecting another street at one end and terminating at the other
end in a vehicular turnaround.
A structure, typically constructed of metal, plastic, or
concrete, not classified as a bridge, which provides an opening under
a roadway, rail bed, pedestrian path, or other right-of-way designed
to catch surface water from side ditches and direct it away from a
roadway, rail bed, pedestrian path or other right-of-way and/or designed
to convey a stream under such a crossing without constricting water
flow or movement of aquatic species.
A concrete, stone or other improved boundary usually marking
the edge of the roadway or paved area.
The curved edge of a street or driveway at intersections,
measured at the edge of the cartway.
A curved curb connecting the tangents of two intersecting
curbs of streets or driveways.
The difference between a point on the original ground and
designated point of lower elevation on the final grade; an excavation.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semi-fluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
Plants that drop their foliage annually before becoming dormant.
The deliberate appropriation or conveyance of land or an
interest in land by the owner to another party (i.e., municipality)
for public use through a written instrument, and completed with an
acceptance by the municipality.
A legal document conveying ownership of real property.
A legal document conveying ownership of real property officially
on file in the Recorder of Deeds Office of Union County, Pennsylvania.
A restriction upon the use of a property, lot, or parcel
set forth in a deed that runs with the title of the land and is binding
upon subsequent owners of the property but which is enforced by the
landowners involved and not the county, municipality, or other public
agency. Sometimes known as a private or restrictive covenant.
The number of dwelling units or units of occupancy permitted
to be constructed or situated on a specific unit of land generally
expressed as a "per acre" value.
Pennsylvania Department of Transportation (PennDOT) publication
containing highway design criteria.
Speed, selected for a specific street, which takes into consideration
the geometric limits, such as degree of curvature, super elevation,
sight distances, etc., and which controls the safe operation of the
vehicle as well as allowing for safe pedestrian traffic. The design
speed is governed by the volume of traffic, parking, speed limits,
turning movements at intersections, intersection controls, land width,
and pavement surface conditions.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems.
The agent of the Borough of Mifflinburg and/or the Mifflinburg
Borough Planning Commission involved with the administration, review
or enforcement of any provisions of this chapter by contract or memorandum
of understanding.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
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.
Any subdivision or land development that, because of its
character, magnitude, or location will have a substantial effect upon
the health, safety, or welfare of citizens in more than one municipality.
The provisions for a 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 chapter shall mean the written
and graphic materials referred to in this definition.
The specific tract(s) of land for which an activity regulated
by this chapter is proposed.
That portion of the property line of the lot, tract, or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
A stormwater management facility designed to transmit stormwater
runoff and shall include streams, channels, swales, pipes, conduits,
culverts, storm sewers, etc.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes and/or required
for the preservation or maintenance of a natural stream or watercourse
or other drainage facility.
Any natural or artificial watercourse, trench, ditch, swale
or similar depression into which surface water flows.
A private drive providing vehicular access between a street
or access drive and a parking area or structure.
Any structure, or portion thereof, which is designed or used
for residential purposes. The term "dwelling" shall not be deemed
to include a motel, rooming house, tourist home, hotel, hospital,
or nursing home.
A room or suite of rooms, including kitchen or kitchenette
and sanitary facilities, separate from other building units which
may be in the same structure, designed, or used as a unit for rental,
lease, or ownership by one household.
A building designed for or containing two or more separate
dwelling units, sharing access from a common hall, stair, or balcony.
See "dwelling, townhouse."
A dwelling designed for and occupied by not more than one
family and having no roof, wall, or floor in common with any other
dwelling unit, and having an additional lot with private yards on
all four sides of the house.
A single-family attached dwelling of three or more adjoining
dwelling units, each of which is separated from the other by one or
more unpierced firewalls from ground to roof having individual outside
access.
A detached building containing two dwelling units of relatively
equal size. The dwelling units are entirely separated by vertical
walls, unpierced except for access to the outside or to a common basement.
Any activity including, but not limited to, construction,
mining, timber harvesting and grubbing which alters, disturbs, and/or
exposes the existing land surface.
Any existing, recorded or proposed described right to a section
of land, granted for limited use of property by the holder for a public,
quasi-public or private purpose as provided by the terms of the easement.
A vertical distance above or below a predetermined and fixed
reference level, i.e., above or below sea level.
An unforeseen occurrence or combination of circumstances
that calls for immediate action or remedy.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
A plan that is designed to minimize accelerated erosion and
sedimentation and to meet the requirements of the PA DEP.
A plant with foliage that remains green year-round.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, bulldozed, and including all methods of replacement.
The initial condition of a project site prior to the proposed
construction.
Any act by which earth, sand, gravel, rock or any other similar
material is placed, pushed, dumped, pulled, transported, or moved
to a new location above the natural surface of the ground or on top
of the stripped surface; the difference of the elevation between a
point on the original ground and a designated point of high elevation
of the final grade; the material used to make fill.
The plan of a proposed subdivision or land development including
all supplemental information required by this chapter, or by an applicable
municipal ordinance, submitted to obtain final approval and having
a form acceptable for recording in the office of the recorder of deeds.
A way cleared of obstacles and vegetation at all times so
as to permit ingress and egress for vehicles during a fire or other
emergency.
A pavement structure that maintains intimate contact with
and distributes loads to the subgrade and depends on aggregate interlock,
particle friction, and cohesion for stability, such as bituminous
pavement.
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers, and other waters of this commonwealth.
That portion of the flood hazard area outside of the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
Any land area susceptible to inundation by water from any
natural source and/or those areas delineated by Flood Insurance Studies
for the Borough of Mifflinburg prepared by the Federal Emergency Management
Agency (FEMA). These areas are mapped and shown on the Flood Insurance
Rate Maps and/or Flood Hazard Boundary Maps.
Any land area susceptible to inundation by water from any
natural source and/or those areas delineated by the FEMA Flood Insurance
Studies and associated maps for the Borough of Mifflinburg in which
there is a 1% chance of inundation occurring in any given year.
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The channel of the watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height. Unless otherwise specified, the boundary of the floodway is
as indicated on maps and flood insurance studies for the Borough of
Mifflinburg provided by FEMA. In an area where no FEMA maps or studies
have defined the boundary of the 100-year frequency floodway, it is
assumed - absent evidence to the contrary - that the floodway extends
50 feet from the stream to the top of stream bank on each side of
the stream.
Total gross area of all floors enclosed within the exterior
walls of any building, including accessory buildings and including
any areas that may be enclosed by temporary exterior walls such as
garage doors or removable solarium glass enclosures; or as defined
in an applicable municipal zoning ordinance.
The unit of illumination when the foot is the unit of length,
as shown as an isofootcandle diagram, where all points on the line
represent the same level of illumination.
A vertical distance between the elevation of the designed
high water level and the top of a dam, levee, tank, basin, or diversion
ridge. The space is required as a safety margin in a pond or basin.
That side of a lot abutting on a street measured along the
front lot line at the front building setback line.
The surface of the ground or pavement as it exists prior
to disturbance in preparation for activities regulated by this chapter.
The final elevation of the ground surface after development.
The elevation of the ground level in its natural state, before
construction, filling, or excavation.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, commonly used to convey surface
water from cropland.
The sum of the gross horizontal areas of a structure measured
by taking the outside dimensions of the building at each floor level
intended for occupancy or storage.
Replenishment of existing natural underground water supplies.
The computer-based hydrologic modeling technique adapted
to a particular watershed as part of an official Act 167 Watershed
Plan (prepared under Act 167 of 1978, 32 P.S. 6801 et seq.) and calibrated
to reflect actual recorded flow values by adjoining key model input
parameters.
Any building, site, structure, object, district or area that
is: listed on the National Register of Historic Places; has received
a Determination of Eligibility for the National Register from the
United States Department of Interior-National Park Service; is on
the Pennsylvania Inventory, is listed in the Union County Historic
Preservation Plan and/or Sites Register; or which is listed on any
officially adopted municipal plan, registry or inventory of historic
resources and features. This term shall include the site, principal
structures, accessory structures, yards, vegetation, fences, road
alignments, and signage associated with such resource/feature.
An incorporated or unincorporated nonprofit, cooperative
organization operating under recorded land agreements through which:
Each lot and/or homeowner in a described land area is automatically
a member;
Each lot is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities, such
as maintaining a common property (i.e. streets, open space, stormwater
facility); and
The charge if unpaid becomes a lien against the property.
A surface that prevents the percolation of water into the
ground. For the purposes of this chapter impervious surface shall
include, but not be limited to, the following: concrete, asphalt,
building coverage, water impoundments, gravel and crushed stone areas,
highly compacted soil, etc.
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Those physical additions and installations required and made
to a property to render land suitable for an intended use, including
but not limited to buildings, streets, curbs and gutters, sidewalks,
street signs and lights, walkways, sewage disposal and water supply
facilities, monuments, markers, shade trees and landscaping, grading,
stormwater management facilities, and the like.
A deposit of cash, a bond, a letter of credit, irrevocable
line of credit, escrow account, or negotiable securities and an agreement
guaranteeing the developer will install all required improvements,
which is forfeited to the Borough if the improvements are not installed
in accordance with the approved plans.
Occurring as a minor accompaniment. Liable to occur in consequence
of or in connection with another.
A structure designed to direct runoff into the ground (e.g.,
French drains, seepage pits, or seepage trenches).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
A type of topography that is formed over calcareous minerals
such as limestone, dolomite, or gypsum by bedrock solution, and that
is characterized by closed depressions or sinkholes, caves and underground
drainage (from AGI, Glossary of Geology, 1972.).
The development of property as specified below:
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.
Any subdivision of land.
"Land Development" shall not include:
The conversion of an existing single-family detached dwelling
or single-family semi-detached 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 could be considered an amusement park.
For purposes of this subclause, an amusement park is defined as a
tract or area used principally 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.
A land development as defined herein, the principal use of
which is designed and intended for commercial purposes, including
but not limited to retail stores, shopping centers, motels, offices,
sports stadiums, golf courses, racetracks, and similar structures
and uses.
A land development as defined herein, the principal use of
which is designed and intended for industrial purposes, including
but not limited to industrial parks, multitenant facilities, manufacturing
plants, and similar structures and uses.
A land development as defined herein, the principal use of
which is designed and intended for institutional purposes, including
but not limited to schools, hospitals, nursing homes, sheltered care
facilities, prisons, municipal buildings, or other similar structures
and uses.
A land development, as defined herein, where a combination
of different land uses are planned to occur on the same lot, including
nontraditional accessory uses. In the case of a school, house of worship
or other nonprofit entity nontraditional accessory uses might include,
but not be limited to, retail sales, residential uses, amusement parks,
and sports and entertainment facilities as an integrated part of the
development.
A land development as defined herein, the principle use of
which is designed and intended for the improvement of land, normally
under single ownership, for the placement of nontransient mobile homes,
consisting of two or more mobile home spaces.
A land development as defined herein, the principal use of
which is designed and intended for full-time residential purposes
and occupancy, including but not limited to single multiple-family
dwellings, housing developments, planned residential developments
or other similar structures and uses.
Any activity, business, function, or purpose for which any
piece of land or structure is used or intended to be used.
Land uses that are adjacent or in proximity to one another
that do not go well together due to detrimental impacts from a particular
use such as noise, lighting, traffic, odor, emissions etc. and would
generally not be considered complementary and congruous. An example
would be the location of a noisy or smoky factory in a residential
neighborhood.
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the natural condition of the land.
The legal or equitable 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.
A professional landscape architect licensed by the Commonwealth
of Pennsylvania.
A utility line between a main line, located in a utility
easement or street right-of-way, and the building the line serves.
A measure of the effect of traffic on the capacity of a road,
describing conditions within a traffic stream; generally described
in such factors as speed, freedom to maneuver, traffic interruptions,
comfort, convenience, and safety. Levels of service are designated
A through F, with LOS A indicating the best service and LOS F indicating
the worst. Further defined in 2000 Highway Capacity Manual (HCM 2000)
published by the Transportation Research Board.
A safe stopping area at the intersection of streets or the
intersection of a driveway and a street.
A rock that is chiefly formed by the accumulation of organic
remains, consisting mainly of calcium carbonate.
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 computed area contained within the property lines of
a lot as shown on a plan, excluding space within a street right-of-way
but including the area of any easement.
A metal plate or pin set by a professional land surveyor
to permanently identify curves along property lines, angles in property
lines, and lot line intersections.
The property lines bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way line.
LOT LINE, REARThe lot line opposite, and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
Any lot which individually or as part of an approved subdivision
has been recorded in the Office of the Union County Recorder of Deeds.
A lot abutting the intersection of two or more streets. Corner
lots have two front yards and require the necessary front yard setbacks
for each yard.
The mean (average) distance measured between the front and
rear lot lines.
A lot with street frontage at both the front and rear.
The length of the front lot line measured at the street right-of-way
line.
A lot other than a corner lot with only one frontage on a
street.
A lot with no direct street frontage that relies upon a right-of-way
or easement for access to the lot.
A parcel intended not to be developed or encumbered with
structures.
A lot with front and rear street frontage where vehicular
access is prohibited to and from the higher intensity street.
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The horizontal distance between the side lot lines measured
at the shortest distance between the front and rear building lines
as determined by the prescribed front and rear yard requirements.
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A deposit consisting of cash, a bond, a binding letter of
credit, line of credit, escrow account, or negotiable securities and
an agreement insuring that improvements constructed as part of an
approved subdivision or land development have been properly installed
and guaranteeing their integrity for a specified time period not to
exceed 18 months from the date of acceptance of dedication.
A method for calculation of velocity of flow (e.g., feet
per second) and flow rate (e.g., cubic feet per second) in open channels
based upon channel shape, roughness, depth of flow and slope. "Open
channels" may include closed conduits so long as the flow is not under
pressure.
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 Mifflinburg Borough Planning Commission and its staff.
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 mobile home shall be constructed to remain a mobile home, shall
not be a part of the real estate, and shall be subject to all regulations
applying thereto, whether or not wheels, axles, hitch, or other appurtenances
of mobility are removed regardless of the nature of the foundation
provided. This term does not include recreation vehicles and travel
trailers.
A parcel of land in a mobile home park, improved with necessary
utility connections and other appurtenances necessary for the erection
thereon of a single mobile home.
The part of a mobile home lot that is a stabilized space
reserved for the placement of the mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains three or more mobile home
lots for the placement thereon of mobile homes.
For the purposes of this chapter a monument shall be defined
to mean a reinforced concrete monument, stone, or other permanent
object containing magnetic material, set by a professional land surveyor
to permanently identify surface elevation and/or survey reference
points such as the intersection of lines forming angles in the boundary
of a lot or tract, rights-of-way of streets and utilities or at other
locations determined appropriate by the Mifflinburg Borough Planning
Commission for the purpose of reference in land and property surveys.
A body politic or corporate created pursuant to the Act of
May 2, 1945 (P.L. 382, No. 164) known as the "Municipal Authorities
Act of 1945."
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, P.L. 805, (53 P.S. § 10101 et seq.), as from time
to time reenacted and amended.
A lot legally existing at the date of the passage of this
chapter or any amendment thereto, which does not at this time have
the minimum lot dimensions or contain the minimum lot area for the
zoning district in which it is located.
Pollution that enters a body of water from diffuse origins
and does not result from discernible, confined, or discrete conveyances.
Natural Resource Conservation Service (Previously Soil Conservation
Service-SCS).
A map adopted by ordinance pursuant to Article VI of the
Pennsylvania Municipalities Planning Code, Act 247 of 1968 P.L. 805,
(53 P.S. § 10101 et seq.) as from time to time reenacted
and amended.
A drainage element in which stormwater flows within an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, and canals.
An area that is intended to provide land free of development
and is designed for environmental, scenic or recreation purposes.
Open space may include but is not limited to lawns, decorative plantings,
walkways, active and passive recreation areas, playgrounds, fountains,
wooded areas and watercourses. Open space shall not include driveways,
parking lots or other surfaces designed or intended for vehicular
travel, or detention and retention ponds. In addition no area of future
road right-of-way shall be counted as open space.
The Mifflinburg Borough Subdivision and Land Development
Ordinance.
A point where water flows out from a conduit, pipe, stream,
or drain; such as the point of discharge for a stormwater detention
basin.
The points of water disposal from a stream, river, lake,
tidewater or artificial drain.
See "release rates."
Pennsylvania Department of Environmental Protection.
A lot or tract of land. (See "lot").
The original lot or tract of land from which a new lot is
being subdivided.
A tract of land dedicated and used by the public for active
and passive recreation.
The clear space for traffic movement and maneuvering between
rows of parking spaces.
Internal parking lot landscaping that separates rows of parking
spaces to provide a buffer and visual relief from the negative impacts
of parking infrastructure.
Any public or private land area designated and used for parking
of vehicles including parking lots, garages, private driveways, and
legally designated areas of public streets.
An off-street parking area available and designated for the
parking of a single vehicle.
A sub-base, base course, or surface course placed on a sub-grade
to support traffic load.
The maximum rate of stormwater runoff from a specific storm
event.
The hour during which the heaviest volume of traffic occurs
on a street or road.
A specified easement or right-of-way, publicly or privately
owned, in the form of a walkway, path, sidewalk or other reservation
which is designed and designated for the exclusive use of pedestrians.
The computer-based hydrologic modeling technique adapted
to a particular watershed as part of an official Act 167 Watershed
Plan and calibrated to reflect actual recorded flow values by adjoining
key model input parameters. Portions of the Bull Run Watershed not
impacted by the Plan update of 2002 and the Buffalo Creek Watershed
have calibrated PSRM models.
Pennsylvania Department of Transportation.
See "improvements guaranty agreement."
A culvert, closed conduit, or similar structure including
appurtenances that convey stormwater.
A map or plat of a subdivision or land development complete
with a drawing and supplementary data, whether sketch, preliminary,
or final.
PLAN, SKETCHAn 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 or land development as prepared in accordance with this chapter.
PLAN, PRELIMINARYA plan of a proposed subdivision or land development, including all supplementary information required by this chapter or applicable municipal ordinance, to obtain preliminary approval and prepared in accordance with this chapter.
PLAN, FINALA complete and exact subdivision or land development plan, including all supplementary data, prepared in accordance with this chapter for official approval and recording.
PLAN, LOT ADDITION (ADD-ON)A complete and exact subdivision plan, including all supplementary data, prepared in accordance with this chapter that is intended to convey a parcel of ground located immediately adjacent to other property owned by the intended grantee, that is being added to the grantee's existing lot of record.
PLAN, LOT CONSOLIDATIONA plan whereby the entire area of two or more adjacent existing lots of record are combined or consolidated to effectually eliminate one or more original lots into one new lot.
PLAN, RECORDA final plan which contains the original endorsement of the Borough of Mifflinburg and the Mifflinburg Borough Planning Commission, which is intended to be recorded with the Union County Recorder of Deeds Office.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The map or plan of a subdivision or land development, whether
preliminary or final.
A facility, structure or group of structures designed and
intended to generate energy for the distribution and/or sales of electricity
or other power source. This includes but is not limited to coal-fired,
natural-gas-fired, cogeneration, nuclear, solar, water and wind power.
It however shall not include an individual home that has erected solar
or wind energy generation equipment for personal use.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining, or other lawful
uses of natural resources.
Any existing, recorded, or proposed easement for private
driveways in which a private right-of-way agreement is properly executed
between the landowners granting access and all affected parties abutting
the easement.
All streets which are not public, including but not limited
to streets maintained by private agreements, by private owners or
an association of private property owners or for which no maintenance
responsibility has been established by the Borough of Mifflinburg;
and including all private driveway access agreements or rights-of-way
for access.
The flood that may be expected from the most severe combination
of critical meteorological and hydrological conditions that is reasonably
possible in any area. The PMF is derived from the probable maximum
precipitation (PMP) as determined based on data obtained from the
National Oceanographic and Atmospheric Administration (NOAA).
Includes:
A formal meeting held pursuant to public notice by a governing
body or planning agency, intended to inform and obtain public comment,
prior to taking certain actions in accordance with the Pennsylvania
Municipalities Planning Code or prior to amending this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. 701 et
seq., relating to open meetings.
Streets ordained or maintained or dedicated and accepted
by the Borough of Mifflinburg and open to public use.
Pennsylvania Department of Transportation Publication containing
highway construction specifications, as supplemented.
A rainfall to runoff relation used to estimate peak flow.
The volume of stormwater runoff from a site that must be
infiltrated into the soil to promote the maintenance of groundwater
recharge rates that existed prior to development.
The predevelopment peak rate of runoff from a site or subarea
to which the post development peak rate of runoff must be reduced
to protect downstream areas.
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.
A group or groups of buildings containing guest rooms and
furnishing services customarily provided by a hotel, including a restaurant
and convention facilities and providing outdoor recreational activities
on a large portion of the site such as horseback riding, tennis, skiing,
swimming, shuffleboard, and golf.
The subdivision or division of a tract or parcel of land
that itself was part of a previously approved subdivision.
An impoundment in which stormwater is stored and not released
during a storm event. Stored water may be released from the basin
at some time after the end of a storm.
The average interval, in years, within which a storm event
of a given magnitude can be expected to recur. For example, the twenty-five-year
return period rainfall would be expected to recur on the average once
every 25 years, or in other words it would have a 4% statistical probability
of occurring in any given year.
A corridor of land reserved or dedicated, in whole or part,
intended to be occupied as a street, alley, pedestrian way, or other
means of public or private transportation and access; or for an electric
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer, or other similar use. A right-of-way includes the entire area
reserved or dedicated for the use.
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A pavement structure that distributes loads to the subgrade
having as one course a Portland cement concrete slab of relatively
high bending resistance.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
return period (design storm).
Temporary ponding and gradual release of stormwater falling
directly onto flat roof surfaces by incorporating controlled-flow
roof drains into building design.
Any part of precipitation that does not enter the soil but
runs across the surface of the land.
The routing of peak runoff events, usually the 100-year design
event, safely through a structure without failure of that structure.
Any combination of hedges, fences, architectural walls, trees,
or earthen berms arranged to create a continuous visual barrier.
A barrier, dam, and retention or detention basin located
and designed to retain rock, sand, gravel, silt, or other material
transported by water.
The placement, discharge or any other introduction of sediment
into the waters of the commonwealth occurring from the failure to
design, construct, implement or maintain control measures and control
facilities in accordance with the requirements of this chapter.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A material meeting the specifications in the Pennsylvania
Department of Transportation Publication 408, when placed and compacted.
See "building setback line."
The official of the local municipality who issues and reviews
permit applications and conducts such investigations and inspections
as are necessary to implement the rules and regulations of the Pennsylvania
Sewage Facilities Act, Act 537 of 1966 (35 P.S. § 750.1
et seq.).
Facilities developed and approved by the municipal Sewage
Enforcement Officer and the PA DEP for the treatment and/or disposal
of sewage.
A sewage system serving a single residence, building, or
user located on the same lot as the residence, building, or user being
served which must be approved by the municipal Sewage Enforcement
Officer and the PA DEP.
A sewer collection and treatment system which serves facilities
on a community, area-wide, or regional basis in which sewage is collected
from buildings and piped by means of a conveyance system to a sanitary
sewage treatment plant that is designed, approved, and permitted in
accordance with the requirements of the PA DEP. Such systems shall
include municipal and public treatment facilities as well as those
systems installed, owned and maintained by private developers.
Any tree with any part of its drip line or root system within
the ultimate right-of-way along any public street or highway.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
The improved or graded portion of the highway, contiguous
to the traffic lanes, for accommodation of stopped vehicles, emergency
use, or lateral support of base and surface courses or pavements.
A level improved concrete surface built in accordance with Part 5 of this chapter that is typically separated from, but located adjacent to a roadway, intended for pedestrian travel.
The amount of unobstructed distance required to be provided
at a street or driveway intersection which is considered adequate
for a driver to be able to see in order to proceed in a safe manner.
Sight distances shall be measured in accordance with PennDOT standards.
A localized, gradual or rapid sinking of the land surface
to a variable depth, occurring in areas of carbonate bedrock; generally
characterized by a roughly circular outline, a breaking of the ground
surface and a downward movement of soil into bedrock voids.
A classification of soils by the Soil Conservation Service
(now NRCS) into four runoff potential groups. The groups range from
A soils, which are very permeable and produce little runoff, to D
soils, which are not very permeable and produce much more runoff.
The most recent edition of a series of aerial photographs
on which soils are classified according to a variety of characteristics
and accompanying explanatory text, prepared by the United States Department
of Agriculture, Soil Conservation Service (now NRCS).
A method of runoff computation developed by the NRCS that
is based on relating soil type and land use/cover to a runoff parameter
called Curve Number (CN).
A depression in the embankment of a pond or basin that is
used to pass peak discharge greater than the maximum design storm
controlled by the pond.
The unit of measure used to express the area of a lot, tract,
or parcel involved in a subdivision or land development; the length
of a lot, in feet, times the width of a lot in feet (1 x w = square
footage area).
The proper placing, grading, and/or covering of soil, rock,
or earth to insure their resistance to erosion, sliding, or other
movement.
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage) with
outflow defined as a function of storage volume and depth.
The number of times that a given storm event occurs, is expected
to occur, or is exceeded on the average in a stated period of years.
See "return period."
A system of pipes and/or open channels that convey intercepted
runoff and stormwater from other sources, but excludes domestic sewage
and industrial wastes.
The total amount of precipitation reaching the ground surface.
Incentive based nonstructural stormwater management applications
that can be incorporated into the site design process to promote water
quality, groundwater recharge, volume control and other stormwater
objectives. These include conservation of natural areas, disconnection
of rooftop runoff, disconnection of non-rooftop runoff, sheet flow
to buffers, grass channels and environmentally sensitive or low-impact
development.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, swales, and infiltration structures.
The plan prepared by the developer or her/his representative
indicating how stormwater runoff will be managed, including data and
calculations, at the particular site of interest according to this
chapter.
The plan for managing stormwater runoff in a particular watershed
adopted by the Borough of Mifflinburg and approved by the PA DEP as
required by the Act of October 4, 1978, P.L. 864, Act 167 of 1978
(32 P.S. § 680.1 et seq.).
A bridge, culvert or other structure in excess of 100 feet
in length upstream to downstream which encloses a regulated water
of this commonwealth.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and other ways used or intended to be
used by vehicular traffic or pedestrians whether public or private.
STREET, ALLEYA street, usually located to the rear or side of properties otherwise abutting a street, used primarily for vehicular service access and a secondary means of access to abutting lots.
STREET, ARTERIALA major street with fast or heavy traffic of considerable continuity used primarily as a traffic artery connecting two or more neighborhoods or areas.
STREET, COLLECTORA major street that carries traffic from local streets to arterial streets.
DEAD-END STREETA street with only one means of vehicular traffic ingress and egress.
STREET, LOCALAny street that is not defined herein as either an arterial, collector street, or alley.
STREET, MARGINAL ACCESSA local street parallel and adjacent to a major street (but physically separated from it) which provides both access to abutting properties and control of intersections with the major street.
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STREET, PRIVATEAll streets which are not public, including but not limited to street maintained by private agreements, by private owners or association of property owners for which maintenance responsibility has been established; and including all private driveway access agreements or right-of-way for access.
STREET, PUBLICStreets ordained or maintained or dedicated and accepted by a municipality, state, or federal government and open to public use.
The overall slope of a street or road between two points,
typically expressed as a percentage.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The smallest drainage unit of a watershed for which stormwater
management criteria have been established in the stormwater management
plan.
The layers of specified or selected material of designed
thickness placed on a subgrade to support a base course.
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 re-division 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
dwellings, shall be exempt.
LOT ADDITION/CONSOLIDATION SUBDIVISIONAny subdivision that creates a lot that is to be added to an existing contiguous lot of record of separate ownership and where no new building lot or land development is proposed. It is solely intended to convey a parcel of ground located immediately adjacent to other property owned by the intended grantee, which is being added to the grantee's existing lot. The size of one lot will increase in an equal amount by which the size of an adjacent lot(s) will decrease. In the case of a consolidation the entire area of one or more lots is added to an adjacent lot thereby in effect eliminating one or more original lots.
MAJOR SUBDIVISIONAny subdivision as defined herein involving six or more lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities, or other improvements; all subdivisions not considered minor subdivisions for plan processing purposes.
MINOR SUBDIVISIONAny subdivision abutting an existing public street or road, cumulatively involving no more than five lots, parcels of land, or other divisions of land from the same parent tract as of the effective date of the County Subdivision and Land Development Regulations (June 10, 1969), which does not require a new street, access easements, or the installation of any other improvements.
The top surface of a roadbed upon which the pavement structure
and shoulders including curbs are constructed.
The lot, parcel, or site proposed for a subdivision or land
development.
Of lesser importance or rank operating under the control
or authority of another.
When, in the judgment of the Commission and/or municipality
holding escrow, 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.
One or more layers of a pavement structure designed to accommodate
the traffic load, the top layer of which resists skidding, traffic
abrasion, and the disintegrating effects of climate. The top layer
is sometimes called "wearing course."
A licensed professional land surveyor registered by the Commonwealth
of Pennsylvania authorized to measure the boundaries of tracts of
land, establish locations, and perform the requirements of a survey.
A low-lying stretch of land that gathers or carries surface
water runoff.
An application of bituminous material to an existing surface
to provide bond with a superimposed course.
Project Formulation-Hydrology, Computer Program, NRCS.
Urban Unit Hydrology for Small Watersheds, NRCS.
The time for surface runoff to travel from the hydraulically
most distant point of the watershed to a point of interest within
the watershed. This time is the combined total of overland flow time
and flow time in pipes or channels, if any.
The general configuration of a land surface or any part of
the earth's surface, including its relief and position of its
natural and man-made features. The natural or physical surface features
of a region, considered collectively as to its form.
See lot.
The lot or parcel created through subdivision that is the
remaining portion of the parent tract after subdivision occurs. 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.
A single or one-directional vehicle movement.
A portion of a tract of land which due to physical or environmental
conditions cannot support or is inappropriate for construction of
a road, structure, or any other man-made improvement. Examples include
wetlands, flood prone areas, sinkholes, landslide prone areas, endangered
species habitats, and hazardous waste dumps.
Land in its natural state before development.
The storage needed to capture and treat the runoff from 90%
of the average annual rainfall. For Union County the depth of rain
associated with 90% capture rate is 1.2 inches, meaning on average
that 90% of all annual rainfall events are 1.2 inches or less in volume.
A system for the collection, treatment, storage and distribution
of potable water from the source of supply to the consumer.
A water collection, treatment and distribution system which
serves facilities on a community, area-wide, or regional basis in
which water is collected and treated by means of a treatment plant
that is designed, approved, and permitted in accordance with the requirements
of the PA DEP and from which treated water is then distributed to
end users. Such systems shall include municipal and public treatment
facilities as well as those systems installed, owned and maintained
by private developers.
A water supply system serving a single residence, building,
or user located on the same lot as the residence, building, or user
being served. It typically takes the form of a well.
A permanent or intermittent stream of water; river; brook;
creek; or a channel or ditch for water, whether natural or man-made.
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
The entire region or area drained by a river or other body
of water, whether natural or artificial, a drainage basin or sub-basin.
Areas that are inundated or saturated by surface or ground
water 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, fens, and similar areas.
A tract, parcel or leasehold of land that contains or is
intended to contain a cellular communications antenna, its support
structure, accessory buildings, parking, appurtenances, and other
associated uses ancillary to cellular communications transmissions.
A community of plants characterized by areas, groves, or
stands of trees.
Ordinance 84-14 (12/18/1984), as amended by Ordinance 2008-1
(4/15/2008), known as the Mifflinburg Borough Zoning Ordinance.
