Words in the present tense include the future tense; words used
in the masculine gender include the feminine and the neuter; words
in the singular include the plural and those in the plural include
the singular.
A.
The words "applicant," "developer," "person," "subdivider,"
and "owner" include a corporation, unincorporated association and
a partnership, or other legal entity, as well as an individual.
B.
The word "street" includes thoroughfare, avenue, boulevard,
court, expressway, highway, lane, arterial, and road.
C.
The word "building" includes structures and shall be
construed as if followed by the phrase "or part thereof."
D.
The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged,
or designed to be occupied or used."
E.
The word "lot" includes plot, parcel, tract, site,
or any other similar term.
F.
The word "abut" includes directly across from.
G.
The words "should" and "may" are permissive.
H.
The words "must," "shall," and "will" are mandatory
and directive.
I.
The words "day" and "days" refer to calendar days and
not business days.
A.
Terms, phrases, words not defined. When terms, phrases,
or words are not defined, they shall have the meaning as defined in
The Complete Illustrated Book of Development Definitions (Moskowitz,
Lindbloom, Listokin, Preiss, and Merriam, Transaction Publishers,
New Brunswick, NJ, 4th edition, 2015, ISBN: 978-1-4128-5504-4) or
the latest edition thereof, or if not defined therein, they shall
have their ordinarily accepted meanings or such as the context may
imply.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
American Association of State Highway Transportation Officials.
One combined entrance/exit or one clearly defined entrance,
or one clearly defined entrance separated from another clearly defined
exit serving a land development. This term shall not include access
drives that are strictly and clearly limited to use by only emergency
vehicles.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include, but are not
limited to, a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An accessory building is any accessory structure that meets the
definition of a building. A portion of a principal building used for
an accessory use shall not be considered an accessory building.
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
See "subdivision."
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
See "tract area, adjusted"; "lot area, gross"; and "lot area,
minimum required."
The person appointed by the Borough Council to carry out
the duties assigned to the Administrator by this chapter.
A building which houses an agricultural operation, such as
barns, pole barns and equipment sheds. This shall not include buildings
used for the processing or transformation of agricultural products
such as slaughterhouses, canning plants, dairy bottling, and sawmills.
As defined by the Pennsylvania Right to Farm Act, the activities,
practices, equipment and procedures that farmers adopt, use or engage
in the production and preparation for market of poultry, livestock
and their products and in the production, harvesting and preparation
for market or use of agricultural, agronomic, horticultural, silvicultural
and aquacultural crops and commodities and is: 1) not less than 10
contiguous acres in area; or 2) less than 10 contiguous acres in area
but has an anticipated yearly gross income of at least $10,000. The
term includes new activities, practices, equipment, and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, sawmills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the act of December 12, 1994 (P.L. 944, No. 134), known as the Farm
Safety and Occupational Health Act. Custom work shall be considered
a normal farming practice. (See also "crop production," "animal husbandry,"
and "concentrated animal feeding operation.")
See "street."
Any construction or renovation to an existing structure other
than a repair or an addition. See also "addition" and "repair."
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
Every application, whether preliminary 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.
Activities, facilities, measures, planning, or procedures
used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim, and restore the quality
of waters and the existing and designated uses of waters within this
Commonwealth before, during, and after earth disturbance activities.
A tract of land, a lot or groups of lots bounded by streets,
public parks, water courses, boundary lines of the Borough, unsubdivided
land or by any combination of the above.
Jim Thorpe Borough, Carbon County, Pennsylvania.
The Borough Council of Jim Thorpe Borough, Carbon County,
Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough.
A strip of land with fencing, dense vegetative planting,
additional setback distances, berms or a combination thereof that
separates one use from another use or feature and is not occupied
by any building, parking, outdoor storage or any use other than open
space or approved pedestrian pathways or improvements which is used
to provide separation between incompatible uses to effect a visual
barrier, block physical passage between uses, and reduce noise, dust
and litter.
Any structure used or intended for supporting or sheltering
any use or occupancy.
An area on a lot which has been designated as the area in
which development may occur. Building envelopes are identified by
building setbacks, conservation areas, site conditions and other factors,
and shall be specifically designated on the development plan and established
by deed covenants and restrictions.
The vertical distance from grade plane to the average height
of the highest roof surface. (See "grade plane.")
See "accessory structure."
A building which has one or more walls or portions thereof
in common with an adjacent building.
A building surrounded by open space on all sides within the
same lot.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The diameter of a tree's trunk measured 12 inches above
the ground.
A plot of ground upon which two or more campsites are located,
established, or maintained for temporary occupancy by persons using
tents or recreational vehicles, and which shall not be used for long
term residency of occupants.
A lot within a recreational vehicle park or campground to
be used for camping purposes, and acting as a site for travel trailers,
truck campers, camper trailers, motor homes, or tents, marked by the
developer on a plan as a numbered, lettered, or otherwise identified
tract of land.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travelway and shoulders.
An area of unobstructed vision at street intersections defined
by the right-of-way lines of the streets and by a line of sight between
points on the street right-of-way lines at a given distance from the
intersection of the right-of-way lines.
A building which houses a commercial use.
An occupation, employment, or enterprise carried on for profit
by the owner, lessee, or licensee.
The Jim Thorpe Borough Planning Commission.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Improvements in a development that are not required by the
Borough but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
The most recent comprehensive plan (which may be a regional
plan) adopted by Jim Thorpe Borough, including all maps, charts and
textual matter.
Lands within the 100-year floodplain, wetlands, lakes, ponds,
watercourses, and slopes of 25% or more.
All landscape elements not included in the primary conservation
area. These include:
Hydric soils, swales, springs, lowland areas
other than wetlands.
Moderately steep slopes between 15 and 25%,
particularly those adjoining watercourses and ponds, where disturbance
and resulting soil erosion and sedimentation could be detrimental
to water quality.
Healthy woodlands, particularly those performing
important ecological functions such as soil stabilization and protection
of streams, wetlands and wildlife habitats.
Areas where precipitation is most likely to
recharge local groundwater resources because of topographic and soil
conditions affording high rates of infiltration and percolation.
Hedgerows, groups of trees, large individual
trees of botanic significance, and other vegetative features.
Historic structures and sites.
Visually prominent topographic features such
as knolls, hilltops, and ridges, and scenic viewsheds as seen from
public roads (particularly those with historic features).
Existing trails, especially those connecting
the tract to other locations in the Township.
Class I, II and III agricultural soils as
defined by the United States Department of Agriculture, Natural Resources
Conservation Service's County Soil Survey for Carbon County.
A subdivision designed at the dwelling unit density specified in Chapter 500, Zoning, where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow other compatible
uses such as agriculture and forestry.
See "open space, conservation."
Selected resources and areas of restricted land multiplied
by a protection factor, totaled and used for the calculation of adjusted
tract area related to conservation design development.
A subdivision or land development designed at the regulated
dwelling unit density where individual lot reduction is not permitted.
The County of Carbon, Commonwealth of Pennsylvania.
An area for pedestrian travel across or within a block.
See "street."
The officially established grade of the curb in front of
the midpoint of the lot.
A street or portion of 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.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code ordinance 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 competent jurisdiction.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that 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.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
All the physical additions and changes to a tract and the
constructed facilities necessary and/or required by the Borough to
produce a usable and functional development; including, but not limited
to roads, parking areas, storm water controls and drainage easements,
landscaped areas, utilities, and water supplies and sewage disposal
systems.
A proposed development, prepared in accord with this chapter and Chapter 500, Zoning, including a plat of the subject parcel and any subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open spaces, and public facilities.
The diameter of a tree trunk measured at 4.5 feet above the
ground.
Unstabilized land area where an earth disturbance activity
is occurring or has occurred.
Any area of land on which an earth disturbance activity has
occurred.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for diverting surface waters.
A privately owned and constructed vehicular access from a
private or public road into a lot or parcel having frontage on the
said road and serving one single-family dwelling. (See also "flag
lot.")
A structure or portion thereof which is used exclusively
for human habitation.
One or more rooms occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided in the unit,
for the exclusive use of that single family.
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units, or a dwelling unit located
on the upper floors of a nonresidential building.
A building or buildings designed for occupancy by three or
more families living independently of each other in separate dwelling
units. The term multifamily dwelling shall include condominium as
well as noncondominium housing units, including the following construction
types:
APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three or more apartment units which is more than 2.5 stories but not exceeding the height limitations (in feet) of this chapter.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 apartment units and not exceeding 2.5 stories or 35 feet in height, with access to each apartment unit usually from a common hall with the apartment units located back-to-back, adjacent, or one on top of another.
QUADRAPLEXFour attached single-family dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
SINGLE-FAMILY ATTACHED/TOWNHOUSEA dwelling unit located in a multifamily dwelling structure in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
CONVERSION APARTMENTThe conversion of an existing building into three or more dwelling units.
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A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building containing two dwelling units either attached
side by side using a vertical party wall and having one side yard
adjacent to each dwelling unit, or upstairs/downstairs units.
Any activity, including, but not limited to, construction,
mining, farming, timber harvesting and grubbing, which alters, disturbs,
and exposes the existing land surface.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough.
A person living alone or any of the following
groups living together as a single nonprofit housekeeping unit and
sharing common living, sleeping, cooking, and eating facilities:
Any number of people related by blood, marriage,
adoption, guardianship, or other duly authorized custodial relationship
resulting in one of the following relationships: husband, wife, brother,
sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law,
father-in-law, mother-in-law or first cousin;
Five unrelated people;
Two unrelated people and any children related
to either of them;
Not more than the number of residents of a group home meeting the requirements of § 500-54.
The definition of a family does not include:
Any society, club, fraternity, sorority,
association, lodge, combine, federation, coterie, or like organization;
Any group of individuals whose association
is temporary or seasonal in nature;
Any group of individuals who are in a group
living arrangement as a result of criminal offenses; and
Any person or group of individuals occupying,
in whole or in part, a building or portion thereof as a short-term
rental.
See Chapter 240, Floodplain Management.
See "lot frontage."
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building. (See "building height.")
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
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The elevation of the ground level in its natural state before
construction, filling, or excavation.
See "tract area, gross."
See "property owners association."
A surface that prevents the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking areas, and compacted fill, earth, or turf to be
used as such.
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See "development improvements."
A building which houses an industry.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
manufacturing or transformation of products for use by other manufacturers,
the blending of materials such as lubricating oils, plastics, resins
or liquors, other basic industrial processes, mineral processing,
and any facility involving processes resulting in the non-incidental
storage of hazardous materials or the generation of hazardous waste
products, or other environmentally hazardous processes.
A building which houses an institutional use.
A nonprofit, religious, or public use, such as a religious
building, library, public or private school, hospital, emergency services
station, or government-owned or government-operated building, structure,
or land used for public purpose.
A natural or artificial body of water one acre or larger
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
Any of the following activities:
A subdivision of land.
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, streets, common areas,
leaseholds, condominiums, building groups or other features.
The definition of land development shall not
include the following:
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.
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 subclause, 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 the Borough.
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), or a lessee, if authorized
under the lease to exercise the rights of the landowner or other persons
having a proprietary interest in the 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.
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The total area within the property or lot lines; the gross
area. The term includes area of land, land area, lot size, parcel
area, parcel size, tract area and any similar terms.
The area within the lot lines, excluding any area within
a street right-of-way, but including the area of any easement.
That portion of the lot covered by all created improvements,
including but not limited to primary buildings, decks, porches, accessory
buildings, paving, patios, sidewalks, pools, and other impervious
areas provided that where a municipal boundary bisects a lot, the
total area of the lot, regardless of the municipal boundary, shall
be used for the purpose of determining compliance with the permitted
lot coverage.
The horizontal distance between the midpoint of the front
lot line and the midpoint of the rear lot line. On corner lots, lot
depth shall be measured along the longest dimension of the lot.
The horizontal distance between side lot lines at their foremost
points (where they intersect with the street right-of-way line).
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space. See also "setback, required."
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The lot line(s) separating the lot from any street. In the
case of a flag lot, the lot line where the narrow access corridor
widens shall be considered the front lot line.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The distance between the straight lines connecting front
and rear lot lines at each side of the lot, measured across the rear
of the required front yard, provided, however, that width between
side lot lines at their foremost points (where they intersect with
the street line) shall not be less than 80% of the required lot width
except in the case of lots on the turning circle of cul-de-sacs, where
the 80% requirement shall not apply.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
Any lot or parcel of property which is legally in existence
and properly on file with the Carbon County Recorder of Deeds.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way.
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A lot other than a corner lot, the two side lines of which
do not abut a street.
A through lot with frontage on two streets with vehicular
access restricted to only one of the streets.
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A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
See subdivision.
A parcel of land in a manufactured housing park which is
leased by the park owner to the occupants of the manufactured house
erected on the lot and which is improved with the necessary utility
connections and other appurtenances necessary for the erection thereon
of a single manufactured house.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
housing lots for the placement thereon of manufactured houses.
Housing which bears a label as required by and referred to
in the act of November 17, 1982 PL. 676. No. 192), known as the Manufactured
Housing Construction and Safety Standards Authorization Act, certifying
that it conforms to Federal construction and safety standards adopted
under the Housing and Community Development Act of 1974 (Public Law
93-383, 88 Stat. 633).
A grouping of three or more trees, each at least 1.5-inch
in caliper, within an area of 100 square feet.
Any tree of six inches or more in caliper, whether standing
alone, in tree masses, or woodlands.
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, possibly culminating in a written
agreement which the parties themselves create and consider acceptable.
To reduce to the smallest amount possible. Minimize does
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
See subdivision.
See manufactured housing.
See manufactured housing lot.
See manufactured housing park.
The Pennsylvania Municipalities Planning Code.
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property is also considered
a multifamily development. Two-family dwellings in a multifamily development
are considered townhouses.
Jim Thorpe Borough, Carbon County, Pennsylvania.
A building which is for nonresidential use.
Any commercial, industrial, or institutional use of land,
or any other use of land which is not for residential purposes but
excluding agricultural uses.
An area that is intended to provide light and air, and is
designed for environmental, scenic, recreational, resource protection,
amenity and/or buffer purposes and which contains no development improvements
which are not specifically permitted by this chapter or the zoning
ordinance.
Open space that is part of a conservation design subdivision
development tract set aside for the use and enjoyment of residents
of such development.
Open space that is part of a conservation design subdivision
development tract set aside for the protection of sensitive natural
features, farmland, forest land, scenic views, and other primary and
secondary conservation areas and which is permanently restricted from
further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Borough, or it may contain areas of farmland or forest land which
are not accessible to project residents or the public.
Open space that is dedicated or reserved for the use of the
general public in accord with the requirements of this chapter.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to apply for
the development or use of land.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
See lot.
Any lot or parcel of property which is legally in existence
and properly on file with the County Recorder of Deeds and from which
a lot or lots have been subdivided or are proposed for subdivision.
(See lot, existing of record.)
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a street
right-of-way.
A written instrument which may be accepted by the Borough
Council in lieu of a requirement that certain improvements be made
by a developer before the final plan is granted final approval and
released for recording, which shall provide for the deposit with the
Borough of financial security in an amount sufficient to cover the
costs of all site improvements, including, but not limited to, roads,
sanitary sewage facilities, water supply and distribution facilities,
storm water detention and/or retention basins and other related drainage
facilities, recreational facilities, open space improvements and buffer
or screen planting which may be required.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A map or drawing indicating the subdivision or resubdivision
of land or a land development which in its various stages of preparation
includes the following:
SKETCH PLANAn informal plan, identified as such with the title sketch plan on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Borough. This plan is drawn on tracing paper or similar material enabling municipal officials to see the relationship between the proposed layout and the property's features as identified on the existing resources and site analysis.
PRELIMINARY PLANA complete plan identified as such with the wording preliminary plan in the title accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional").
FINAL PLANA complete and exact plan identified as such with the wording Final Plan in the title, with a qualified professional's seal (see definition of qualified professional) affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
RECORD PLANThe copy of the final plan or plans which contains the original endorsements of the Borough Council and which is intended to be recorded with the County Recorder of Deeds.
AS-BUILT PLANA plan certified by a professional engineer showing all details of the completed development and improvements as installed.
The Planning Commission of the Jim Thorpe Borough, Carbon
County, PA.
See lake or pond.
Sufficient slope to drain surface water away from buildings
without ponding.
See resources, primary.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
An overnight camping facility with no improvements beyond
those required by law; no permanent structures other than tent platforms,
privies and maintenance buildings; and designed and restricted to
accommodate only persons using tents or similar apparatus to camp
in, not including any vehicle on wheels.
See building, principal.
The primary or predominate use of a lot.
A non-profit corporation organized by the developer or homeowners
for establishing an association of all property owners in a private
development which purposes shall include the ownership and maintenance
of open space common areas and all development improvements.
A formal meeting held pursuant to public notice by the Planning
Commission, Governing Body or Zoning hearing Board, intended to inform
and obtain public comment, prior to acting in accord with the Pennsylvania
Municipalities Planning Code.
A forum held pursuant to notice under the act of July 3,
1986 (P.L.388, No. 84), as amended, known as The Sunshine Act.
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.
An individual authorized by Pennsylvania law to prepare plans
pursuant to § 503(1) of the MPC which states that plats
and surveys shall be prepared in accordance with the act of May 23,
1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and
Geologist Registration Law," except that this requirement shall not
preclude the preparation of a plat in accordance with the act of January
24, 1966 (P.L. 1527, No. 535), known as the "Landscape Architects
Registration Law," when it is appropriate to prepare the plat using
professional services set forth in the definition of the "practice
of landscape architecture" under section 2 of that act.
A vehicle primarily designed and utilized as temporary living
quarters for recreational, camping or travel use, whether self-propelled
or mounted on or drawn by another vehicle, and including travel trailers,
recreational trailers, camping trailer, truck camper, motor homes
and similar types of vehicles.
See campground or recreational vehicle park.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. See also "addition" and
"alteration."
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
An area provided to accommodate a vehicle which is queued
in a lane awaiting service in a drive-in facility such as a bank,
fast-food restaurant or a car/truck wash.
A building or portion thereof which is used exclusively for
human habitation, including, but not limited to, single-family, two-family
and multifamily dwellings, and mobile homes.
Natural features consisting of 100-year floodplain (including
the floodway), lakes, ponds, watercourses, wetlands, and prohibitive
steep slopes (25% or greater). In conservation subdivisions, all conserved
lands containing primary resources are called primary conservation
areas.
Natural or cultural features outside primary conservation
areas that are worthy of conservation by inclusion in conservation
open space. See the prioritized list of such features in this chapter.
Lands containing secondary resources that are conserved are called
secondary conservation areas.
Any revision, replatting, or subdivision of land which includes
changes to a recorded plan.
See "subdivision, lot consolidation."
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
That portion of rainfall or snowmelt which does not enter
the soil but moves over the surface.
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Borough.
A method of visually shielding or obscuring a structure or
use from another by topography, fencing, walls, berms, planted vegetation
or a combination of these methods.
See "resources, secondary."
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the front lot line. See also "yard" and
"lot line."
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the rear lot line. See also "yard" and "lot
line."
The required minimum open space between the principal structure(s),
accessory structures, or other improvements and the nearest lot line
or right-of-way as provided by this chapter. See also "yard" and "lot
line." (See accompanying illustrations.)
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A required open space extending from the front setback to
the rear setback between the principal structure(s), accessory structures,
or other improvements and the side lot line. See also "yard" and "lot
line."
A sewage collection and disposal system in which sewage is
carried from more than one individual lot, dwelling or other unit
by a system of pipes to a central treatment and subsurface or other
type of disposal area or stream discharge in compliance with the Pennsylvania
Department of Environmental Protection regulations and/or regulations
of the Borough, whichever may be more stringent.
Any structure designed to biochemically treat sewage within
the boundaries of an individual lot from one individual dwelling or
other type unit.
The Borough official certified by the Pennsylvania Department
of Environmental Protection who reviews permit applications and sewage
facilities planning modules, issues permits as authorized by the Pennsylvania
Sewage Facilities Act, as amended, and conducts investigations and
inspections that are necessary to implement the Act and its regulations.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system which may be publicly or privately owned and operated, and
which uses mechanical, biological and chemical processes to treat
and dispose of domestic sewage in accord with DEP Rules and Regulations
involving an effluent discharge to surface waters or to a soil-based
or other treatment system.
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home lot.
The improved portion of a street immediately adjoining the
travelway.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
The change in elevation over a horizontal distance usually
expressed in percentage. (See "grade.") Slope shall be measured as
the change in elevation over the horizontal distance between consecutive
contour lines. For this chapter, slope shall be measured over three
two-foot contour intervals (six cumulative vertical feet of slope).
All slope measurements shall be determined by a topographic survey
signed and sealed by a registered surveyor or engineer licensed to
practice in the Commonwealth of Pennsylvania.
Any tree that is 12 inches or more in diameter at breast
height.
A natural watercourse. See "watercourse."
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley. Public rights-of-way shall be those open to the general
use of the public, not necessarily publicly dedicated.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. Classes
of streets are as follows:
ARTERIAL STREETServes large volumes of comparatively high-speed and long-distance traffic. Streets classified as main and secondary highways by the Pennsylvania Department of Transportation, and any street classified as a principal or minor arterial street in the Borough Comprehensive Plan are arterial streets.
COLLECTOR STREETIn addition to giving access to abutting properties, intercepts minor streets and provides routes, carrying moderate volumes of traffic, to community facilities and to arterial streets. Any street classified as a major or collector street in the Borough Comprehensive Plan are collector streets.
LOCAL STREETUsed primarily to provide access to abutting property and carrying low volumes of traffic. All streets not defined as an arterial or collector street are local streets.
PUBLIC STREETSStreets dedicated to public use.
ALLEYA right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.
CUL-DE-SAC STREETA type of street which terminates at one end by a permanent turnaround, and which intersects another street at the other end.
LOOP STREETA minor street which intersects other streets on each end and may intersect a cul-de-sac street at some point between each end.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any structure, the use of which requires permanent location
on the ground, or attachment to something having a permanent location
on the ground.
Any structure that is not permanently affixed to the ground
but is designed to be moved from place to place, including, but not
limited to, accessory structures constructed of metal frameworks with
plastic or cloth covering.
Any structure that is erected for the limited period specified
in the zoning permit.
See "developer."
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.
MINOR SUBDIVISIONA subdivision that creates six lots or less, or the cumulative development on a lot by lot basis for a total of six lots or less of any original tract of record and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets. The enumeration of lots shall include all lots created from the parent tract after the effective date of this chapter and the residual tract (land under the same ownership and adjacent).
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
LOT CONSOLIDATION/REVERSE SUBDIVISIONThe assemblage or combination of two or more adjoining lots, tracts, or parcels of land to form a single larger parcel.
LOT LINE ADJUSTMENT SUBDIVISIONThe realignment of lot lines or the transfer of land to increase the size of an existing lot provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created.
Where, in the judgment of the Borough 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.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A moveable shelter made of canvas or other similar new material
and supported by a pole or poles.
See "lot."
The tract area remaining when the specified constrained land
has been deducted from the gross tract acreage. ATA is used to calculate
both density and open space.
See "lot area, gross."
The portion of the roadway for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
Any area of land on which the vegetation has not been cut
or removed, or where the soil has not been turned, displaced, graded,
or removed.
All pipes, fittings, and appurtenances from the water-riser
pipe to the water inlet pipe of the central water system in the mobile
home park.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at each mobile home lot.
All pipes, fittings valves, and appurtenances from the water
main of the mobile home park central water system to the water outlet
of the distribution system within the mobile home.
A public or private utility system designed to supply and
transmit drinking water from a common source to two or more dwelling
units or uses.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot.
Any natural or manmade freshwater pond, lake, or stream.
This shall not include any pond or facility designed and constructed
solely to contain storm water.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Those 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 and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (i.e., larger than six inches DBH) covering
an area of one-quarter acre or more or consisting of 10 individual
trees larger than six inches DBH shall be considered a woodland. For
the purposes of this chapter, the extent of any woodland plant community
for any part thereof shall be measured from the outer-most drip line
of all the trees in the community. Woodlands do not include orchards
or old fields (former agricultural fields or pastures where natural
succession has been allowed to occur, but where most trees are smaller
than six inches DBH). Woodlands shall include any area where timber
has been harvested within the previous three years and/or woodland
disturbance has occurred within the previous three years which would
have met the definition of woodland prior to timbering or disturbance.
The area between the principal structure(s) and the adjoining
lot line or right-of-way. (See also "setback.")
