Words in the singular include the plural and words in the plural include the singular. The word "persons" includes a corporation and unincorporated association; "building" includes a "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road," "highway" and "lane"; "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive; the words "shall" and "will" are mandatory. Definitions in § 445-9 followed by "(MPC)" indicate that the definition is established by the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101.
As used in this chapter, the following terms shall have the
meanings indicated:
A strip of land over which there is a public right-of-way,
on which no dwellings front, and which is designed to serve as secondary
access to two or more lots.
A landowner or developer 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.
A tract of land bordered on one side by a street and on the
remaining sides by streets, railroad rights-of-way, waterways, underdeveloped
areas and/or other definite barriers. (See Exhibit No. 5 in the Appendix,
Sample Design Illustrations.[1])
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough, or
its planning agency.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
utilized for human habitation.
A line within a lot defining the required minimum distance
between any building and the front property or right-of-way line.
That portion of a street or alley which is improved, designated,
intended, used or capable of being used for vehicular travel.
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.
The general plan utilized to guide the growth, for the protection
and development of Clearfield Borough, Clearfield County, adopted
by the Clearfield Borough Council.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Clearfield County and the judicial district wherein
the Borough lies.
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 man-made change to improved or unimproved real estate,
including, but not limited to, buildings, mobile homes, or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
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 chapter shall mean the written
and graphic materials referred to in this definition.
A defined right of use for certain lands granted for a special
purpose not inconsistent with the general property rights of the owner.
A relatively flat or low area adjoining a river, stream or
watercourse which is subject to partial or complete inundation of
water; or an area subject to the unusual and rapid accumulation of
runoff or surface water from any source. The floodplains are reflected
on maps included in the Borough Zoning Ordinance.
That portion of the one-hundred-year floodplain, including
the channel of a river or other watercourses and the adjacent land
areas which are required to carry and discharge the one-hundred-year
flood as delineated on the Borough's Official Flood Insurance Study
and accompanying maps identified by the Federal Insurance Administration,[2] and where the activities permitted elsewhere in the floodplain
will not cumulatively increase the water surface elevation more than
one foot at any given point. The detailed study of the regulatory
flood provides specific flood profiles and allows for the delineation
of both floodway and flood fringe areas within the bounds of the floodplain.
Physical circumstances or conditions of the land to be subdivided
prevent strict conformity with the provisions of this chapter and
the authorization of a variance may be necessary to enable the reasonable
use of the property.
An incorporation of lot owners for the purpose of providing
for ownership and maintenance of community improvements.
The physical additions, installations and changes required
to render usable and desirable lots from raw acreage.
Any acceptable financial security approved by the Clearfield
Borough Council as being adequate to cover the construction costs
of any and all required improvements.
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.
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.
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.
A legally enforceable document which outlines the maintenance
responsibilities for private subdivision improvements.
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 erections thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
A designated parcel, tract or area of land proposed to be
conveyed as an addition to an existing adjacent building lot or to
be established as an independent lot upon which no residential structure
or sewage disposal system may be placed. These lots must be used for
accessory purposes only.
The Clearfield Borough Subdivision and Land Development Ordinance.
The map or plan of a subdivision or land development, whether
preliminary or final.
A complete and exact subdivision plan prepared for official
recording as required by this chapter.
A general subdivision plan showing existing features of land
and proposed streets and lot layout within and adjacent to a subdivision
as required by this chapter. (See Exhibit No. 7 in the Appendix, Typical
Preliminary Plan.[3])
A rough sketch showing the contemplated development of the
subdivision and its relationship to adjacent land.
The Clearfield Borough Planning Commission of Clearfield
County.
Includes:
A formal meeting held pursuant to public notice by Clearfield
Borough or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (P.L. 729, No. 93), known as the "Sunshine Act."
Notice published once each week for two successive weeks
in a newspaper of general circulation in Clearfield 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 not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing.
The flood which has been selected to serve as the basis on
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for the purpose of this chapter, the
one-hundred-year flood, as identified by the Federal Insurance Administration.[4]
The one-hundred-year-flood elevation based on the information
contained in the Official Flood Insurance Study.
Any letter, review, memorandum, compilation or similar writing
made by anybody, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie there from. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A lot having its front and rear lot lines abutting the right-of-way
of a street.
A strip of land reserved or dedicated for a street, alley,
or other public improvement purpose.
The distance an object is visible along a street from any
given point on the center line of said street.
A subdivision consisting of the first and second lots subdivided
from an original tract.
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.
A local street having one end open to vehicular traffic and
being permanently terminated by a vehicular turnaround at the opposite
end. (See Exhibit No. 5 in the Appendix.[5])
A street with only one vehicular outlet but which has a temporary
turnaround and which is designed to be continued when adjacent open
land is subdivided.
A street parallel and adjacent to a property line having
a lesser right-of-way width than required for improvement and dedication
of the street.
Any street which is not a public street, may serve not more
than two lots and which is intended for private construction, use
and maintenance.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Relief granted pursuant to the provisions of this chapter.
[1]
Editor's Note: The Appendix is on file in the Borough office.
[2]
Editor's Note: See now the Federal Insurance and Mitigation
Administration.
[3]
Editor's Note: The Appendix is on file in the Borough office.
[4]
Editor's Note: See now the Federal Insurance and Mitigation
Administration.
[5]
Editor's Note: The Appendix is on file in the Borough office.
